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24 October 2019
On 8 February 2019 the Ministry of International Affairs and Communications amended the Ordinance on Technical Standards Conformity Certification of Specified Radio Equipment and the Ordinance on Technical Standards Conformity Approval of Terminal Facilities. The amendments eased the restrictions regarding the affixing of:
The amendments permit the affixing of technical standard conformity marks to external displays and have eased the restrictions regarding the size of such marks.
The Radio Act regulates radio equipment used for the transmission and receipt of radio waves. In principle, parties that wish to establish a radio station (including those that operate radio equipment) must obtain a licence from the minister of internal affairs and communications. However, simplified licensing procedures may apply to the radio equipment specified in the Radio Act when:
The Ordinance on Technical Standards Conformity Certification of Specified Radio Equipment regulates, among other matters, the technical standard conformity certification method for radio equipment specified in the Radio Act.
Similarly, under the Telecommunication Business Act, when a user interconnects terminal facilities to the telecoms line facilities of a telecoms carrier, it must, in principle, refrain from using the terminal facilities before the telecoms carrier has certified that the interconnection conforms to certain technical standards set by the Ministry of International Affairs and Communications, except where the user interconnects terminal facilities to which a mark indicating technical standard conformity approval is affixed. The Ordinance on Technical Standards Conformity Approval of Terminal Facilities regulates, among other matters, the technical standards conformity method for terminal facilities.
Before the 8 February 2019 amendments, technical standard conformity marks could be affixed using any of the following methods:
Further, technical standard conformity marks had to be at least three millimetres in diameter.
Both ordinances have undergone similar amendments. Now, technical standard conformity marks can also be recorded by electronic or magnetic means on specified radio equipment or terminal facilities using any method that immediately and clearly displays the mark on the image surface of "the external device connected to the specified radio equipment or terminal facilities" via any specified operation. However, for marks indicating a technical standard conformity certification under the Radio Act, this additional method may be used only when the mark can be displayed by connecting an external device via a cable before first operating the specified radio equipment.
Further, as regards the size of technical standard conformity marks, the current requirement is only "that the mark is able to be easily identified".
Following the diversification and miniaturisation of electronic equipment, the means by which technical standard conformity marks must be affixed received significant attention from business operators that sell or import electronic equipment in Japan. Following these amendments, the methods for affixing such marks have become more flexible.
For further information on this topic please contact Takayuki Fujii at Nagashima Ohno & Tsunematsu by telephone (+81 3 6889 7000) or email (firstname.lastname@example.org). The Nagashima Ohno & Tsunematsu website can be accessed at www.noandt.com.
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