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How do I spot a fake designer bag or garment? Will customs seize one I bought online from abroad?

This answer is a draft. It stays unpublished until legal review and source verification are complete.

The answerUnder the October 2022 amendments to the Trademark Act and the Design Act, an overseas business sending counterfeit branded goods to an individual in Japan infringes the trademark "even for personal use", and the goods are seized at customs. The buyer is not normally punished, but the money is not refunded. The three basic warning signs are: a price far below the market, a channel outside the official network (social-media adverts, unknown websites, flea-market listings of many "new, unused" items), and crude logos, stitching, hardware engraving or accessories. But a well-made fake cannot be identified from photographs. The only reliable route is an official boutique, an authorised dealer, or a major reuse chain with in-house authenticators. If you buy on a flea-market app, use an authentication service afterwards (a few thousand yen per item) and, if it is fake, start the cancellation process.

Counterfeit luxury goods reach consumers in Japan through overseas online shops and flea-market apps such as Mercari. If you buy one thinking "it's cheap, so who cares if it's fake", it is not only that customs may seize it: since the amendments that took effect in October 2022, even imports for personal use fall within the rules. Here is how to tell a fake, and where the law stands.

The law and customs

ItemDetail
Seizure at customsCounterfeit branded goods are prohibited imports as goods infringing intellectual property. Once customs confirms this, they are seized and destroyed. In fiscal 2023 there were about 29,000 seizure cases covering about 1 million items, most from China and Hong Kong
The October 2022 amendmentAn overseas business posting goods to an individual in Japan now counts as trademark infringement. The old loophole — "personal use is not commercial importation" — has been closed
The buyer's liabilityThe buyer does not normally face criminal penalties, but the money is lost and the goods are seized. Reselling is a breach of the Trademark Act (up to 10 years' imprisonment or a fine of up to ¥10 million)
Buying and selling on flea-market appsListing a fake even unknowingly may breach the Trademark Act. Platforms delete the listing and suspend the account. A buyer is eligible for a refund once the item is confirmed fake (each platform's compensation scheme)
A notice from customsIf a "Notice of Commencement of Identification Procedure" (認定手続開始通知書) arrives, and the item is fake, reply that you do not contest it and it ends with destruction. If you claim it is genuine, submit evidence (proof of purchase)

Signs of a fake

AspectWarning signs
PriceA new item at 30–50% of retail or less is suspect. Popular bags sell secondhand at around 70% of retail
ChannelAn unknown site reached via a social-media advert, a domain of brand name + numbers, bank transfer as the only payment method, unnatural Japanese, heavy emphasis on "genuine" and promises of authenticity
Logo and engravingWrong font weight or letter spacing, shallow or uneven engraving on hardware, no engraving on the zip pull
StitchingUneven stitch spacing, untidy thread ends, left and right not symmetrical
Material, smell, weightA chemical smell to the leather, grain too uniform for real leather, too light or too heavy
AccessoriesBox, dust bag and authenticity card come with fakes too. Serial numbers are copied as well, so none of these is conclusive
SellerSeveral "new, unused" listings of the same popular model, a new account whose ratings jumped suddenly
  • The reliable way: official boutiques, authorised dealers and department stores, or major reuse chains with in-house authenticators (Komehyo, Daikokuya, Brand Off, etc.; check they hold a secondhand-dealer licence, 古物商許可). On flea-market apps, use the "authenticated transaction" option.
  • Worried after buying: authentication services (¥3,000–10,000 per item, in person or online). On a flea-market app, authenticate before you confirm receipt; if it is fake, file a claim with the platform's support desk.
  • "Parallel imports" are not fakes: a parallel import is a genuine item imported through a route other than the authorised dealer, and is legal. The maker's warranty may not apply, however.
  • Sites labelling goods "super copy" or "N-grade" are admitting they sell fakes; buy from them and expect seizure.
  • Buying on holiday: assume the "designer goods" on street stalls and markets are fake. They are seized at customs when you return, and repeat offenders are warned and recorded.
[Verify] Check the customs seizure figures (fiscal 2023) and the content of the October 2022 amendment against published material from the Ministry of Finance and the Japan Patent Office. Authentication fees are guide figures.

Misunderstanding 1|Buying a fake for my own use is no problem

Since October 2022, shipments from abroad to individuals also count as trademark infringement and are seized at customs. You do not get your money back.

Misunderstanding 2|An authenticity card and serial number prove it is genuine

Fakes come with accessories and serial numbers too. They settle nothing; channel and price are more trustworthy signals.

Misunderstanding 3|The listing says "genuine", so it is safe

Sometimes the seller does not know it is fake. If the price is low or there are many new items listed, be suspicious and use an authenticated transaction.

Misunderstanding 4|If I bought a fake, I can resell it to get my money back

Selling a fake breaches the Trademark Act and carries criminal penalties. Asking for a refund through the platform's compensation scheme is the legitimate route.

Misunderstanding 5|Parallel imports are fakes

A parallel import is a genuine item brought in by another route, and is legal. Only the warranty is handled differently. An unknown site calling itself a "parallel importer" at absurdly low prices is another matter.

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Sources

  • Ministry of Finance / Japan Customs, "Seizures of goods infringing intellectual property rights (2023)" [知的財産侵害物品の差止状況(2023年)]

https://www.customs.go.jp/mizugiwa/chiteki/

  • Japan Patent Office, "Amendments to the Trademark Act and Design Act (in force October 2022): regulation of counterfeits imported for individuals by overseas businesses" [商標法・意匠法の改正(2021年改正、2022年10月1日施行):海外事業者による模倣品の個人向け輸入の規制]

https://www.jpo.go.jp/system/laws/rule/

  • National Consumer Affairs Center of Japan, "Trouble after buying counterfeit branded goods" [ブランド品の偽物を購入してしまったトラブル]

https://www.kokusen.go.jp/

⚠️ Editorial note: the source URLs above were identified by search. Our working environment cannot reach go.jp domains, so the contents have not been checked against the text. Verify every source before publication and record who checked it and when.

About this article

What we share here are ideas and everyday practices passed down among people living in Japan, together with general information drawn from public sources. They are not official recommendations, and they are not professional instruction. Practices vary between households and regions.

This is general information. Results vary from person to person and depend on your own conditions and surroundings.

Please decide for yourself, using your own judgement, whether any of this suits your situation. We cannot accept responsibility for any damage, loss or injury arising from following this article.

Follow the care label and the maker's instructions for any garment, shoe or bag. For expensive or sentimental items, ask a specialist cleaner or repairer.

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