Preamble
The following Terms and Conditions ("T&C") govern access to and use of the EU-Japan IP Helpdesk service ("the Helpdesk") provided by the EU-Japan Centre for Industrial Cooperation ("the Centre"), located at Shirokane-Takanawa Station Bldg. 4F., 1-27-6 Shirokane, Minato-ku, Tokyo 108-0072, Japan.
The Helpdesk is co-financed by the European Commission and aims to support European enterprises in protecting and enforcing their Intellectual Property (IP) rights in or relating to Japan, through the provision of free information and advisory services to eligible clients.
By submitting an inquiry or accessing any services through the Helpdesk, the user ("the Client") acknowledges having read, understood, and agreed to be bound by these Terms and Conditions.
Article 1 — Definitions
For the purposes of the Terms and Conditions, the following definitions apply:
- "The Centre" means the EU-Japan Centre for Industrial Cooperation, the managing entity of the Helpdesk.
- "The Helpdesk" means the EU-Japan IP Helpdesk service, also referred to as the EJIP Helpdesk.
- "The Client" means any eligible Small and Medium Enterprise (hereinafter “SME”, see https://single-market-economy.ec.europa.eu/smes/sme-fundamentals/sme-definition_en) with registered headquarters in the European Union (hereinafter the “EU”) or other countries of the Single Market Programme (hereinafter “SMP”, see https://competition-policy.ec.europa.eu/about/single-market-programme-smp_en), Cluster Organization with a legal entity headquartered in the EU or other countries of the SMP, Company with a legal entity in Japan affiliated to an SME headquartered in the EU or other countries of the SMP, Chamber of Commerce representing one or several Member States of the EU with a legal entity in Japan, or trade promotion office appointed by a Member State of the EU officially represented in Japan accessing the Helpdesk services.
- The "IP Expert" means a qualified intellectual property legal specialist engaged by the Centre to respond to complex or expert-level inquiries, including Shiga International Patent Office and other authorised IP advisors.
- The "Service" refers to any and all forms of assistance, information, guidance, or referral provided through the Helpdesk, whether delivered in written, verbal, or digital form.
- The "Inquiry" means any request for information or advisory support submitted by a Client to the Helpdesk.
- "Non-Confidential Information" means information that is not subject to any confidentiality obligation, trade secret protection, or legal privilege, and which the Client expressly confirms is suitable for disclosure to the Centre.
Article 2 — Eligibility
Access to the Helpdesk services is restricted to the following categories of eligible Clients:
1. European companies (SMEs) with registered headquarters in one of the Member States of the EU or other countries of the SMP (see https://competition-policy.ec.europa.eu/about/single-market-programme-smp_en).
2. Cluster Organizations with a legal entity headquartered in the EU or other countries of the SMP.
3. Chambers of Commerce representing one or several Member States of the EU with a legal entity in Japan.
4. Companies with a legal entity in Japan affiliated to an SME headquartered in the EU or other countries of the SMP.
5. Trade promotion offices appointed by a Member State of the EU officially represented in Japan.
Clients claiming SME status will be required to offer evidence, by filling in an SME self-assessment declaration form, that they comply with the European Commission's definition of SME as published at https://single-market-economy.ec.europa.eu/smes/sme-fundamentals/sme-definition_en.
The Centre reserves the right to verify eligibility at any time and to suspend or terminate access to the Service for Clients who do not meet or cease to meet eligibility criteria.
Article 3 — Description of Services
The Helpdesk provides the following categories of services to eligible Clients:
3.1 Information Inquiry Service
Clients may submit inquiries relating to IP rights in Japan. The Helpdesk commits to providing a first follow-up response within 48 business hours of receipt of a complete and valid inquiry. Responses are provided for informational purposes only and do not constitute legal advice.
3.2 Ask the Expert Service
For complex inquiries requiring specialist input, the Helpdesk may refer the Client to qualified IP experts, including Shiga International Patent Office, all of whom are external parties to the Centre. Expert advisory services provided through this referral mechanism are subject to separate terms and conditions between the Client and the relevant IP Expert, including any applicable fees after the first response to eligible Clients. The Centre facilitates such referrals but assumes no responsibility for the expert's advice or conclusions.
3.3 Online Resources
The Helpdesk maintains an online platform providing categorised information in English on IP resources relating to Japan, including legal frameworks, policies, practical guides, checklists, case studies, and a Frequently Asked Questions (FAQ) section. This content is updated periodically and is provided for general informational purposes only.
3.4 Webinars and Events
The Centre may organise periodic webinars and events delivered by qualified IP experts. Access to these events may be subject to registration requirements and availability. Recordings and reports may be published online following the event.
Article 4 — Service Fees
The Information Inquiry Service as defined in paragraph 3.1 provided through the Helpdesk is free of charge to eligible SME Clients.
Where an inquiry is referred to an IP Expert under the Ask the Expert service as defined in paragraph 3.2, the service is free if provided to eligible entities and is governed solely by the agreement between the Client and the IP Expert.
Further questions by the same client beyond the first inquiry answered by the Ask the Expert Service will be dealt outside the framework of the Helpdesk and may be fee-based depending on the nature, scope, and complexity of the inquiry.
Article 5 — Nature of the Service and Disclaimer
The services provided by the Helpdesk, unless explicitly delivered under the Ask the Expert mechanism by a qualified IP specialist, constitute general informational support only. They do not constitute legal advice and should not be relied upon as a substitute for professional legal counsel.
The Centre does not represent, warrant, or guarantee the accuracy, completeness, or currency of any information provided. Clients are strongly encouraged to seek independent legal advice before taking any action based on information received through the Helpdesk.
The Centre shall not be liable for any loss, damage, or adverse outcome arising directly or indirectly from the use of, or reliance upon, any information or service provided through the Helpdesk, except in cases of gross negligence or wilful misconduct by the Centre.
The Centre's total aggregate liability to any Client under these Terms and Conditions, in contract, tort, or otherwise, shall not exceed the amount of fees paid by such Client for the specific service giving rise to the claim.
Article 6 — Confidentiality and Data Handling
Clients acknowledge and agree that only Non-Confidential Information may be shared with the Centre through the Helpdesk. The Centre does not have the capacity to receive, process, or protect confidential, proprietary, or legally privileged information, and expressly disclaims any obligation of confidentiality with respect to information submitted by Clients.
Clients are solely responsible for ensuring that any information shared with the Centre does not violate any confidentiality obligations, trade secret protections, third-party rights, or applicable laws. The Centre shall bear no liability for any unauthorised disclosure or use of information that the Client submits in breach of this provision.
The Centre will process any personal data provided by Clients in accordance with applicable data protection laws, including the Act on the Protection of Personal Information (APPI) in Japan and the General Data Protection Regulation (GDPR) where applicable. Personal data will be used solely for the purpose of delivering the requested services and administering the Helpdesk.
Client contact information and inquiry details may be retained by the Centre for administrative, legally and contractually required reporting to the Board of Governors of the Centre as well as to the European Commission, and quality assurance purposes within the framework of the Helpdesk programme, subject to applicable data protection obligations.
Article 7 — Intellectual Property
All content produced by the Centre and made available through the Helpdesk, including online resources, guides, reports, webinar recordings, and FAQ materials, is the intellectual property of the EU-Japan Centre for Industrial Cooperation or its licensors. Clients are granted a non-exclusive, non-transferable licence to access and use such content for their own internal business purposes only.
Clients may not reproduce, distribute, commercially exploit, or create derivative works from Helpdesk content without the prior written consent of the Centre.
Any materials, information, or data submitted by Clients to the Helpdesk shall remain the property of the Client. By submitting such materials, the Client grants the Centre a limited, non-exclusive licence to use the submitted information solely for the purpose of providing the requested service.
Article 8 — Client Obligations
In using the Helpdesk services, Clients agree to:
6. Provide accurate, complete, timely and up-to-date information when submitting inquiries or accessing services.
7. Submit only Non-Confidential Information to the Centre and not include confidential, proprietary, privileged, or legally sensitive information in any inquiry or communication.
8. Use the services for lawful purposes only and in compliance with all applicable laws and regulations.
9. Not misrepresent eligibility status or provide false information to access free services.
10. Notify the Centre promptly of any changes that may affect eligibility.
11. Treat communications from the Centre and its experts with professional courtesy and good faith.
Article 9 — Modifications and Suspension of Service
The Centre reserves the right, at its sole discretion, to modify, suspend, or discontinue the Helpdesk service or any component thereof at any time, including as a result of changes in available funding from the European Commission, the European Innovation Council and SME Executive Agency, or the Japanese Ministry of Economy, Trade and Industry. The Centre will endeavour to provide reasonable advance notice of any material changes to the service.
The Centre further reserves the right to modify these Terms and Conditions at any time. Updated Terms and Conditions will be published on the Helpdesk website. Continued use of the service following publication of updated terms constitutes acceptance of those terms.
The Centre may suspend or terminate a Client's access to the Helpdesk service if the Client breaches any provision of these Terms and Conditions, misuses the service, or fails to maintain eligibility.
Article 10 — Governing Law and Dispute Resolution
These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan, without prejudice to any mandatory consumer protection provisions applicable in the Client's country of establishment.
Any dispute arising out of or in connection with these Terms and Conditions shall first be subject to good-faith negotiation between the parties. If resolution cannot be reached through negotiation within thirty (30) calendar days, the parties may submit the dispute to mediation or other mutually agreed alternative dispute resolution mechanisms prior to commencing formal legal proceedings.
The courts of Tokyo, Japan shall have non-exclusive jurisdiction over any disputes arising under these Terms and Conditions.
Article 11 — Miscellaneous
11.1 Entire Agreement
These Terms and Conditions constitute the entire agreement between the Centre and the Client with respect to the use of the Helpdesk services and supersede all prior communications, representations, or agreements relating to such use.
11.2 Severability
If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.
11.3 Waiver
Failure by the Centre to enforce any provision of these Terms and Conditions shall not constitute a waiver of its right to enforce such provision at a later time.
11.4 Language
These Terms and Conditions are drafted in English, which shall be the governing language for interpretation and enforcement. Any translation provided for convenience shall have no legal effect.
11.5 Compliance with EU grants requirements
Client shall cooperate with any reasonable information, reporting, verification or audit requirements applicable to the Initiative and arising from the EU funding supporting the initiative.
Client shall promptly provide any information, documents, records or explanations reasonably requested by the Centre in connection with the implementation, monitoring, reporting, verification or audit of the initiative.
Client shall maintain complete and accurate records and supporting documentation relating to its participation in the initiative for a period of five (5) years following completion of the Initiative and shall make such records available upon reasonable request by the Centre or any competent authority, where applicable.
Client shall cooperate with any review, audit, inspection, investigation or verification relating to the Initiative carried out by the Centre, the European Commission, the European Innovation Council and SMEs Executive Agency (EISMEA), the European Anti-Fraud Office (OLAF), the European Public Prosecutor's Office (EPPO), the European Court of Auditors (ECA), or any other competent authority, where applicable.
Article 12 — Contact
For questions relating to these Terms and Conditions, the Helpdesk service, or service eligibility, please contact:
EU-Japan Centre for Industrial Cooperation
E-mail: ejip_helpdesk @ eu-japan.or.jp
Shirokane-Takanawa Station Bldg. 4F., 1-27-6 Shirokane, Minato-ku, Tokyo 108-0072, Japan
Tel: +81 (0)3 6408-0281
Acceptance
By submitting an inquiry or using the Helpdesk services, the Client confirms that they have read, understood, and agreed to these Terms and Conditions.
