Criminal Enforcement of IP in Japan

Abstract This chapter first provides an overview of the enforcement of intellectual property (IP) rights in Japan. Then, focusing on criminal penalties, an overview of the relevant system, its current status, and problems, is provided. The following characteristics of significance should be noted regarding the criminal penalty provisions in Japanese IP law: there is a broad scope of penal provisions and a high level of penalties; penalties have been strengthened over the past twenty years or so; and the number of cases that are actually prosecuted as criminal offences is not very large. However, the deterrent effect of criminal penalties on IP infringement is generally acknowledged. Various problems have been recognized regarding the penal provisions in IP law, such as the concern that they may have a chilling effect on the activities of citizens, including expressive or creative activities.