Fake Bags in Japan: Are Second-Hand Bags in Japan Authentic?
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Is Japan strict with fake bags? We are here to explain Japan’s strict counterfeit laws to ensure there are no fake bags in Japan.
Japan counterfeit laws
Japan has one of the strictest counterfeit laws out there.
In general, the Japanese customs authorities are on the lookout for illegal drugs, hazardous materials, and counterfeit/fake items.
Whether it’s a personal or business purchase, if an item is suspected to be fake, a professional will be contacted. If deemed to be a counterfeit, the item will be confiscated and discarded with no refund for the seized goods.
1. Violation of trademark law (商標法違反)
This Trademark Act prohibits any acts that infringe trademark rights (Article 78).
The manufacture and sale of any items that imitate a logo or brand name without permission is trademark infringement.
Consequences include up to 10 years of imprisonment and/or a 10 million yen fine. For businesses, the fine can be up to 300 million yen (Article 82).
Even if an item is claimed to be fake or is a parody, it’s still a trademark right violation, and you can be fined up to 5 million yen.
2. Unfair Competition Prevention Act (不正競争防止法)
If a product uses a name or logo that is not a registered trademark but is still recognizable to a specific brand, then that can be a violation of the Unfair Competition Prevention Act.
You can be imprisoned for up to 5 years with a fine of 5 million yen (Articles 22 and 21 of the Unfair Competition Prevention Act).
3. Fraud (Criminal Law) (詐欺罪 (刑法))
If you know an item is fake and sell it as genuine, you can be charged with fraud under the Criminal Code for deceiving buyers (Article 246 of the Criminal Code). You can be imprisoned for up to 10 years.
Additionally, according to Japanese law, selling counterfeit brand-name products can be viewed as a violation of the Trademark Act and Fraud, resulting in both consequences.
4. Violation of the Customs Act (関税法違反)
The Customs Act prohibits the import of items that infringe trademark rights (Article 69-11, Paragraph 1, Item 9 of the Customs Act).
So, if you import counterfeit brand-name goods from overseas to Japan to sell them, then you violate this act.
You can be imprisoned for up to 10 years with a fine of up to 10 million yen (Article 109, Paragraph 2 of the Customs Act).
Japan’s Secondhand Goods Dealers Act
To keep fake and counterfeit items to a minimum, Japanese businesses must adhere to the Secondhand Goods Dealers Act, 古物営業法 in Japanese.
This act is to prevent any stolen items, especially counterfeit brand-name items, from being sold or purchased.
So, all secondhand goods businesses need a secondhand goods dealer license to operate and sell authentic items. That includes auction houses or reseller stores.
Japanese Secondhand Goods Dealer License
To apply for a secondhand goods dealer license (古物商許可の申請), you must apply to the police station that has jurisdiction over the location of the business.
To put it simply, there are documents that you must submit, like identification and permission to use the property.
It’ll take about 1 to 2 months to be processed. Afterward, you will have a secondhand goods dealer license.
Why buy second hand bags in Japan?
As you can see, Japanese secondhand shops must sell authenticated items, including handbags.
Whether you are buying in-store or online. Any business in Japan selling secondhand items must have the Secondhand Goods Dealer License, and items must be genuine.
Of course, there are many reasons to buy preloved handbags, like how they're more affordable and reduce waste.
The only caution is when you’re buying from peer-to-peer selling, as you will be responsible for vetting the item and the seller. The same authentication and legal guarantee do not apply in this situation.
In closing
Is Japan strict with fake bags? Overall, Japan has the strictest counterfeit laws. You are safe when it comes to buying an authentic and genuine luxury handbag from Japan, as long as it is from a business.
There is a low chance of getting fake bags in Japan, whether you are buying in-store or online, new or preloved.