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Antimonopoly Act Concerning Prohibition of Private Monopoly and Maintenance of Fair Trade (Act No. 54 of April 14, 1947, as amended up to Act No. 160 of December 22, 1999), Japan

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Year of Version 2000 Dates Adopted: April 14, 1947 Type of Text Main IP Laws Subject Matter Patents (Inventions), Plant Variety Protection Notes The notification by Japan to the WTO under article 63.2 of TRIPS states:
'Article 100 of the Anti-monopoly Act (Revocation of Patent Rights or Patent Licenses) provides that it is the court that makes the declaration of revocation of patent rights or patent licenses. Therefore, an opportunity for judicial review of decisions to revoke or forfeit a patent shall be available. This provision implements Article 32 of the TRIPS Agreement.'
'Antimonopoly Act Concerning Prohibition of Private Monopoly and Maintenance of Fair Trade aims at promoting fair and free competition. The measures which are provided for in paragraph 2 of Article 40 of the TRIPS Agreement are implemented by Article 3 (Prohibition of Unreasonable Restraint of Trade), Article 6 (Prohibition of Particular International Agreement or Contract) and Article 19 (Prohibition of Unfair Trade Practices) of the Anti-monopoly Act. Supply of Information to the Member (paragraphs 3 and 4 of Article 40 of the TRIPS Agreement) shall be done within the limits of Article 39 of the Anti-monopoly Act (Duty of the Personnel of the Fair Trade Commission to preserve trade secrets).'


Available Texts Main text(s) Main text(s) Japanese 私的独占の禁止及び公正取引の確保に関する法律(昭和22年4月14日法律第54号。最終改正平成11年12月22日法律第160号) PDF
Legislation Is implemented by (1 text(s)) Is implemented by (1 text(s))
Cabinet Ordinance on Organization of Executive Office of Fair Trade Commission (Cabinet Ordinance No. 373 of August 30, 1952, as amended by Cabinet Ordinance No. 103 of March 29, 1995, No. 219 of July 2, 1999, and No. 177 of April 26, 2006) (JP019)
Is superseded by (2 text(s)) Is superseded by (2 text(s))
Law on Prohibition of Private Monopolization and Maintenance of Fair Trade (Act No.54 of April 14, 1947, as amended up to Act No. 51 of June 10, 2009) (JP150)
Act Concerning Prohibition of Private Monopoly and Maintenance of Fair Trade (Anti-monopoly Act) (Law No. 54 of April 14, 1947, as amended up to Law No. 35 of April 27, 2005) (JP078)


WIPO Lex No. JP017