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Unfair Competition Prevention Act（Act No.47 of 1993）
Table of Contents
Chapter I General Provisions (Article 1 and 2)
Chapter II Injunctions and Damages, etc. (Article 3 to Article 15)
Chapter III Prohibited Acts based on International Agreement (Article 16 to Article
18)
Chapter IV Miscellaneous Provisions (Article 19 and 20)
Chapter V Penal Provisions (Article 21and 22)
Chapter VI Special Measures for Criminal Procedures (Article 23 to Article 31)
Supplementary Provisions
Chapter I General Provisions
Article 1 (Purpose)
The purpose of this Act is to provide for matters such as measures for the prevention
of unfair competition and compensation for damages caused by unfair competition, in
この不正競争防止法の翻訳は、平成二十三年法律第六十二号までの改正（平成２３年１
２月１日施行）について作成したものです。
この法令の翻訳は公定訳ではありません。法的効力を有するのは日本語の法令自体であ
り、翻訳はあくまでその理解を助けるための参考資料です。この翻訳の利用に伴って発生
した問題について、一切の責任を負いかねますので、法律上の問題に関しては、官報に掲
載された日本語の法令を参照してください。
This English translation of the Unfair Competition Prevention Act has been
prepared (up to the revisions of Act No. 62 of 2011 (Effective December 1, 2011)).
This is an unofficial translation. Only the original Japanese texts of laws and
regulations have legal effect, and the translations are to be used solely as reference
material to aid in the understanding of Japanese laws and regulations.
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resulting from use of the information in this Website. For all purposes of interpreting
and applying law to any legal issue or dispute, users should consult the original
Japanese texts published in the Official Gazette.
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order to ensure fair competition among business operators and accurate implementation
of international agreements related thereto, and thereby contribute to the sound
development of the national economy.
Article 2 (Definitions)
(1) The term “unfair competition” as used in this Act means any of the following:
(i) acts of creating confusion with another person's goods or business by using an
indication of goods or business (which means a name, trade name, trademark, mark, or
container or package of goods used in relation to a person's business, or any other
indication of a person's goods or business; the same shall apply hereinafter) that is
identical or similar to said person's indication of goods or business that is well-known
among consumers or other purchasers, or by assigning, delivering, displaying for the
purpose of assignment or delivery, exporting, importing or providing through an electric
telecommunication line the goods using such an indication;
(ii) acts of using as one’s own an indication of goods or business that is identical or
similar to another person's famous indication of goods or business, or the act of assigning,
delivering, displaying for the purpose of assignment or delivery, exporting, importing or
providing through an electric telecommunication line the goods using such an indication;
(iii) acts of assigning, leasing, displaying for the purpose of assignment or leasing,
exporting or importing goods which imitate the configuration (excluding configuration
that is indispensable for ensuring the function of said goods) of another person’s goods;
(iv) acts of acquiring a trade secret by theft, fraud, duress or other wrongful means
(hereinafter referred to as "acts of wrongful acquisition"), or the act of using or disclosing
a trade secret so acquired (including the act of disclosing such trade secret in confidence
to a specific person or persons; the same shall apply hereinafter);
(v) acts of acquiring a trade secret with the knowledge that such trade secret has
been acquired through acts of wrongful acquisition or without the knowledge of such
matter due to gross negligence, or acts of using or disclosing a trade secret so acquired;
(vi) acts of using or disclosing a trade secret after becoming aware or not becoming
aware of such matter due to gross negligence;, subsequent to its acquisition, that such
trade secret was acquired through wrongful acquisition
(vii) acts of using or disclosing a trade secret, which has been disclosed by the
business operator holding such a trade secret (hereinafter referred to as the “holder”), for
the purpose of acquiring an illicit gain, or causing injury to such holder;
(viii) acts of acquiring a trade secret with the knowledge or, without the knowledge
due to gross negligence, that there has been an improper disclosure of such trade secret
(which means, in the case prescribed in the preceding item, acts of disclosing a trade
secret for the purpose prescribed in said item, or acts of disclosing a trade secret in
breach of a legal duty to maintain secrecy; the same shall apply hereinafter) or that such
trade secret has been acquired through improper disclosure, or acts of using or disclosing
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a trade secret so acquired;
(ix) acts of using or disclosing an acquired trade secret after becoming aware or not
being aware of such matter due to gross negligence, subsequent to its acquisition, that
there has been improper disclosure of such trade secret or that such trade secret has
been acquired through improper disclosure;
(x) acts of assigning, delivering, displaying for the purpose of assignment or delivery,
exporting or importing (a) devices (including machines incorporating such devices and a
set of parts of such a device that can be easily assembled) having the function of enabling
the viewing of images or hearing of sounds, the running of programs, or the recording of
images, sounds or programs (hereinafter referred to as the "viewing of images, etc." in
this item) which are restricted by technological restriction measures that are used in
business (excluding technological restriction measures used to restrict all but specific
persons from viewing images or hearing sounds, running programs, or recording images,
sounds or programs), by obstructing the effect of such technological restriction measures,
or (b) data storage media or machines on which programs having such function
(including other types of programs combined with such programs) have been recorded, or
acts of providing programs having such function through an electric telecommunication
line (if such a device or program also has another function than such a function, the acts
shall be limited to those in which such a device or program are provided for enabling the
viewing of images, etc. by obstructing the effect of such technological restriction
measures.);
(xi) acts of assigning, delivering, displaying for the purpose of assignment or delivery,
exporting or importing to all but specific persons (a) devices (including machines
incorporating such devices and a set of parts of such a device that can be easily
assembled) having the function of enabling the viewing of images or hearing of sounds,
the running of programs, or the recording of images, sounds or programs (hereinafter
referred to as the "viewing of images, etc." in this item) which are restricted by
technological restriction measures that are used in business to restrict all but said
specific persons from viewing images or hearing sounds, running programs, or recording
images, sounds or programs, by obstructing the effect of such technological restriction
measures, or (b) data storage media or machines on which programs having such a
function (including other types of programs combined with such programs) have been
recorded, or the act of providing programs having such function through an electric
telecommunication line (if such a device or program also has another function than such
function, the acts shall be limited to those in which such a device or program are
provided for enabling the viewing of images, etc. by obstructing the effect of such
technological restriction measures.);
(xii) acts of acquiring or holding a right to use a domain name(s) that is identical or
similar to another person’s specific indication of goods or services (which means a name,
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trade name, trademark, mark, or any other indication of a person’s goods or services), or
the acts of using any such domain name(s), for the purpose of acquiring an illicit gain or
causing injury to another person;
(xiii) acts of misrepresenting information on goods or services, or in an advertisement
thereof or in a document or correspondence used for a transaction related thereto, in a
manner that is likely to mislead the public as to the place of origin, quality, contents,
manufacturing process, use or quantity of such goods, or the quality, contents, purpose or
quantity of such services, or the act of assigning, delivering, displaying for the purpose of
assignment or delivery, exporting, importing or providing through an electric
telecommunication line, goods with such an indication or providing services with such an
indication;
(xiv) acts of making or circulating a false allegation that is injurious to the business
reputation of another person in a competitive relationship;
(xv) acts by an agent, representative, or a person who was, within one year of the
date of the act, an agent or representative of an owner of a right relating to a trademark
(such right shall be limited to a right equivalent to a trademark right; hereinafter simply
referred to as a "right" in this item) in a country of the Union established by the Paris
Convention (which means the Paris Convention as defined in Article 4(1)(ii) of the
Trademark Act (Act No. 127 of 1959)) or in a Member of the World Trade Organization or
in a contracting party to the Trademark Law Treaty, without a legitimate reason and the
consent of the owner of such right, using a trademark identical or similar to the
trademark relating to such right in respect of goods or services identical or similar to
those relating to such right, or the act of assigning, delivering, displaying for the purpose
of assignment or delivery, exporting, importing or providing through an electric
telecommunication line goods using such trademark, which are identical or similar to the
goods relating to such right, or providing services using such trademark, which are
identical or similar to the services relating to such right.
(2) The term “trademark” as used in this Act means a trademark as defined in Article
2(1) of the Trademark Act.
(3) The term “mark” as used in this Act means a mark as defined in Article 2(1) of the
Trademark Act.
(4) The term “configuration of goods” as used in this Act means the external and
internal shape of goods and the pattern, color, gloss, and texture combined with such
shape, which may be perceived by consumers or other purchasers when making ordinary
use of the goods.
(5) The term “imitate” as used in this Act means an act of creating goods of practically
identical configuration as that of another person’s goods, based on the configuration of
the goods of said person.
(6) The term “trade secret” as used in this Act means technical or business information
useful for commercial activities such as manufacturing or marketing methods that is
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kept secret and that is not publicly known.
(7) The term “technological restriction measures” as used in this Act means measures
which restrict the viewing of images or hearing of sounds, or running of programs, or
recording of images, sounds or programs through electromagnetic means (which means
electronic means, magnetic means or other means that are imperceptible by humans),
and which adopt a method of recording on data storage media or transmitting signals
that make machines for viewing and hearing (which means machines used for viewing
images or hearing sounds, running programs, or recording images, sounds or programs;
the same shall apply hereinafter) react in a specific manner along with the images,
sounds or programs, or a method of recording on data storage media or transmitting
converted images, sounds or programs, which require specific conversion by the
machines for viewing and hearing.
(8) The term “program” as used in this Act means instructions given to a computer,
combined so as to obtain a certain result.
(9) The term "domain name(s)" as used in this Act means letters, numbers, signs or
other symbols or any combination thereof that correspond to the numbers, signs, letters
or any combination thereof assigned to identify each computer on the Internet.
(10) The term “articles” as used in this Act includes computer programs.
Chapter II Injunctions and Damages, etc.
Article 3 (Right to seek an injunction)
(1) A person whose business interests have been infringed or are likely to be infringed
by unfair competition may seek an injunction suspending or preventing the infringement
against the person that infringed or is likely to infringe such business interests.
(2) A person whose business interests have been infringed or are likely to be infringed
by unfair competition may seek, upon seeking an injunction pursuant to the preceding
paragraph, destruction of the articles that constituted the act of infringement (including
articles created by the act of infringement; the same shall apply in Article 5(1)), removal
of the equipment used for the act of infringement, or other acts required for suspension
or prevention of the infringement.
Article 4 (Damages)
A person who intentionally or negligently infringes on the business interests of
another person by unfair competition shall be liable for damages resulting therefrom.
However, this Article shall not apply to damages resulting from the use of a trade secret
after the rights prescribed in Article 15 have extinguished pursuant to the said Article.
Article 5 (Presumption of amount of damages, etc.)
(1) Where a person whose business interests have been infringed by unfair competition
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listed in items 1 to 9 or item 15 of Article 2(1) (with regard to the unfair competition
listed in items 4 to 9 of the same paragraph, only unfair competition that involves a
technical secret [which means a manufacturing method or other technical information
useful for business activities that is kept secret and not publicly known]) (hereinafter
referred to as the "infringed person" in this paragraph) claims damages caused by such
an infringement from a person who has intentionally or negligently infringed such
business interests, and where the infringer has sold or otherwise transferred the articles
constituting the act of infringement, the quantity of the articles sold or transferred
(hereinafter referred to as the "transferred quantity" in this paragraph) multiplied by the
amount of profit per unit of the articles that the infringed person could have sold in the
absence of the infringement may be deemed as the amount of damages suffered by the
infringed person, provided it does not exceed the amount attainable by the infringed
person's capability to sell or conduct other acts concerning said articles. However, where
there are any circumstances that would have prevented the infringed person from selling
the quantity of articles equivalent to all or part of the transferred quantity, an amount
corresponding to the quantity relevant to such circumstances shall be deducted.
(2) Where a person whose business interests have been infringed by unfair competition
claims damages caused by a person who intentionally or negligently infringed such
business interests and received profits through the act of infringement, the amount of
such profits shall be presumed to be the amount of damages suffered by the person whose
business interests were infringed.
(3) A person whose business interests have been infringed by unfair competition listed
in items 1 to 9, item 12, or item 15 of Article 2(1) may claim, from the person who has
intentionally or negligently infringed such business interests, an amount equivalent to
the amount of money that should be awarded against the acts prescribed respectively in
the following items for the classification of unfair competition listed therein, as the
amount of damages suffered by the infringed person:
(i) unfair competition listed in items 1 or 2 of Article 2(1) – use of an indication of
goods or business pertaining to such infringement;
(ii) unfair competition listed in item 3 of Article 2(1) – use of a configuration of goods
pertaining to such infringement;
(iii) unfair competition listed in items 4 to 9 of Article 2(1) – use of a trade secret
pertaining to such infringement;
(iv) unfair competition listed in item 12 of Article 2(1) – use of a domain name
pertaining to such infringement; and
(v) unfair competition listed in item 15 of Article 2(1) – use of a trademark
pertaining to such infringement.
(4) The provisions of the preceding paragraph shall not preclude a claim for damages
exceeding the amount prescribed in the paragraph. In such a case, if the person who
infringed such business interests did not do so intentionally or through gross negligence,
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the court may take this into consideration in determining the amount of damages.
Article 6 (Obligation to clarify the specific conditions (of infringement))
In a lawsuit for the infringement of business interests by unfair competition, where
a person alleging that his/her business interests have been infringed or are likely to be
infringed by unfair competition asserts that the act of infringement was constituted by
specific conditions of article or process, the adverse party must, in order to deny this
allegation, clarify the specific conditions of his/her own act. However, this does not apply
when the adverse party has reasonable grounds for not being able to disclose such
information.
Article 7 (Production of documents, etc.)
(1) In a lawsuit for the infringement of business interests by unfair competition, the
court may, upon motion of a party, order a party to produce any documents necessary for
proving the act of infringement or assessing the amount of damages caused by such act of
infringement. However, this does not apply when the holder of the documents has
justifiable grounds for refusing to produce them.
(2) Where the court finds it necessary for determining the presence of a justifiable
reason prescribed in the proviso to the preceding paragraph, it may require the holder of
the documents to produce said documents. In such a case, no person may request
disclosure of the produced documents.
(3) In the case of the preceding paragraph, where the court finds it necessary to disclose
the documents prescribed in the second sentence of the preceding paragraph and to hear
the opinions of a party, etc. (which means a party [in the case of a juridical person, its
representative], an agent [excluding a counsel or an assistant], an employee, or other
workers of a party; the same shall apply hereinafter), it may disclose said documents to
the party, etc.
(4) The provisions of the preceding three paragraphs shall apply mutatis mutandis to
the production of the objects of inspection necessary for proving the alleged act of
infringement in a lawsuit for the infringement of business interests by unfair
competition.
Article 8 (Expert opinion for calculation of damages)
In a lawsuit for the infringement of business interests by unfair competition, where
the court, upon motion of a party, orders an expert opinion to be given with respect to the
matters necessary for calculating the damages caused by the act of infringement, the
parties shall explain to the expert witness the matters necessary for giving the expert
opinion.
Article 9 (Determination of reasonable damages)
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In a lawsuit for the infringement of business interests by unfair competition, where
damages were found and it is extremely difficult to prove the facts necessary for proving
the amount of damages due to the nature of said facts, the court may determine a
reasonable amount of damages based on the overall purport of the oral arguments and
the results of the examination of evidence.
Article 10 (Protective order)
(1) In a lawsuit for the infringement of business interests by unfair competition, where
there is prima facie evidence showing that a trade secret held by a party of the lawsuit
falls under both of the following grounds, the court may, upon motion of the party and by
means of a ruling, order a party, etc., a counsel, or an assistant not to use the trade secret
for any purpose other than pursuing the lawsuit or to disclose it to a person other than
those who have received the order prescribed in this paragraph with regard to said trade
secret; however, this does not apply when the party, etc., the counsel, or the assistant had
already acquired or held the trade secret by means other than the reading of the brief
prescribed in item 1 or the examination or disclosure of evidence prescribed in the same
item:
(i) the trade secret held by the party is written in an already-produced or a
to-be-produced brief, or included in the contents of already-examined or to-be-examined
evidence (including documents disclosed pursuant to Article 7(3) or a document disclosed
pursuant to Article 13(4)); and
(ii) the party’s business activities based on the trade secret under the preceding
item are likely to become hindered by the use of said trade secret for purposes other than
pursuing the lawsuit or its disclosure, and it is necessary to restrict the use or disclosure
of the trade secret in order to prevent this.
(2) A motion for the order prescribed in the preceding paragraph (hereinafter referred
to as the “protective order”) shall be made in writing and include the following matters:
(i) the person to whom the protective order is to be issued;
(ii) facts that are sufficient for identifying the trade secret to be made the subject of
the protective order; and
(iii) facts that fall within the grounds listed in the respective items of the preceding
paragraph.
(3) When issuing a protective order, the court shall serve a decision letter on the person
to whom the protective order was issued.
(4) A protective order takes effect when a decision letter is served on the person to
whom the protective order was issued.
(5) When the court dismisses a motion for a protective order, the party may lodge an
immediate appeal against the decision.
Article 11 (Rescission of protective order)
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(1) A movant for a protective order or a person to whom a protective order was issued
may file a motion for rescission of the protective order with the court where the case
record kept (when no such court exists, the court that issued the protective order) on the
ground that the requirement prescribed in the preceding Article1 is not met or is no
longer met.
(2) When the court makes a decision on a motion for rescission of a protective order, it
shall serve a decision letter on the movant and the adverse party.
(3) An immediate appeal may be lodged against a decision on the motion for rescission
of a protective order.
(4) A decision to rescind a protective order shall not take effect until the decision
becomes final and binding.
(5) Where a court has made a decision to rescind a protective order, if the court had,
during the same lawsuit in which the protective order was issued, issued a protective
order for the protection of the trade secret against any person other than the movant for
rescssion of the protective order or the adverse party, it shall immediately notify that
person of the decision to rescind the protective order.
Article 12 (Notice, etc. of a request for inspection, etc. of the case record)
(1) Where a court has made a ruling under Article 92(1) of the Code of Civil Procedure
(Act No. 109 of 1996) with regard to the case record pertaining to the lawsuit in which a
protective order has been issued (excluding a lawsuit in which all the protective orders
have been rescinded), if there was a request for inspection, etc. of the portion of the
record that represents the secret prescribed in the same paragraph by a party, and the
person who performed the procedure for such request has not been issued a protective
order in the lawsuit, the court clerk shall, immediately after the request, notify the party
who filed the motion under the same paragraph (excluding the requester; the same shall
apply in paragraph 3) of the fact that such a request was made.
(2) In the case of the preceding paragraph, the court clerk must not allow the party who
performed the procedure for the request under the same paragraph to conduct inspection,
etc. of the portion of the record that represents the secret until two weeks have passed
since the date of the request (if a motion for a protective order against the person who
performed the procedure for the request was filed on or before such date, until the date
when the decision on the motion becomes final and binding).
(3) The provisions of the preceding two paragraphs shall not apply when there is
consent among all parties who filed a motion under Article 92(1) of the Code of Civil
Procedure to allow the party who made the request under paragraph 1 to conduct
inspection, etc. of the portion of the record that represents the secret.
Article 13 (In camera examination of the parties)
(1) In a lawsuit for the infringement of business interests by unfair competition, where
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a party, etc. is to be examined as a party itself or a legal representative or as a witness
with regard to a matter that serves as the basis for determining the presence or absence
of the infringement and falls under a trade secret held by the party, and when the court,
by the unanimous consent of the judges, finds that the party, etc. is unable to give
sufficient statements regarding the matter because it is clear that giving statements
regarding the matter in open court will significantly hinder the party's business
activities that are based on the trade secret, and that, without said statements by the
party, the court is unable to make an appropriate decision on the presence or absence of
infringement on business interests by unfair competition which should be made based on
the determination of said matter, it may conduct the examination on the matter in
camera by means of a ruling.
(2) The court shall hear the opinion of the party, etc. before making the ruling under the
preceding paragraph.
(3) In the case of the preceding paragraph, the court may order the party, etc. to
produce a document that outlines the matters to be stated. In such a case, no person may
request disclosure of the produced document.
(4) Where the court finds it necessary to disclose the document under the second
sentence of the preceding paragraph and to hear the opinion of the party, etc., the counsel,
or the assistant, it may disclose the document to such person.
(5) Where the court will conduct examination on a matter in camera pursuant to the
provision of paragraph 1, it shall render a judgment to that effect and the reason thereof
to the members of the public present before making them leave the courtroom. When the
examination on the matter ends, the court shall have the members of the public reenter
the courtroom.
Article 14 (Measures to restore business reputation)
The court may order a person who has intentionally or negligently committed an act
of unfair competition and thereby injured the business reputation of another person to
take, upon the request of the person whose business reputation has been so injured,
necessary measures for restoring the business reputation of that person in lieu of or in
addition to compensation for damages.
Article 15 (Statute of limitations)
The right to seek, pursuant to the provision of Article 3(1), suspension or prevention
of infringement committed through an act of using a trade secret among the acts of
unfair competition listed in Articles 2(1)(iv) to (ix) shall be extinguished by prescription
when the person who commits such an act continues the act and the right-holder whose
business interests have been infringed or are likely to be infringed by such act does not
exercise the right within three years from the time that the right-holder becomes aware
of such fact and of the person committing such act. The same shall apply when ten years
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have elapsed from the time of commencement of such act.
Chapter III Prohibited Acts based on International Agreement
Article 16 (Prohibition of commercial use of foreign national flags, etc.)
(1) No person shall use, as a trademark, a mark identical to a flag, aarmorial bearing,
or other emblem of a foreign state, which is specified by an Ordinance of the Ministry of
Economy, Trade and Industry (such emblem is hereinafter referred to as a "state emblem
of a foreign state") or a mark similar to a state emblem (such identical or similar mark is
hereinafter referred to as a "mark similar to a state emblem of a foreign state"), or shall
sell or otherwise transfer, deliver, display for the purpose of assignment or delivery,
export, import or provide through an electronic telecommunication line goods using a
mark similar to a state emblem of a foreign state as a trademark, or shall provide
services using a mark similar to a state emblem of a foreign state as a trademark.
However, this shall not apply when permission has been obtained from the government
agency of the foreign state that is authorized to grant permission (including an
administrative disposition similar to permission) for use of the state emblem of a foreign
state.
(2) In addition to the provision of the preceding paragraph, no person shall use, in a
manner that is likely to mislead the public as to the place of origin of goods, a state
emblem of a foreign state that is specified by an Ordinance of the Ministry of Economy,
Trade and Industry under the preceding paragraph (hereinafter referred to as a "foreign
state emblem"), or shall sell or otherwise transfer, deliver, display for the purpose of
assignment or delivery, export, import or provide through an electronic
telecommunication line, goods using a foreign state emblem, or shall provide services
using a foreign state emblem. However, this shall not apply when permission has been
obtained from the government agency of the foreign state that is authorized to grant
permission to use the foreign state emblem.
(3) No person shall use a mark identical to a seal or a sign of a foreign, state, or local
government used for supervision or certification purposes, which is specified by an
Ordinance of the Ministry of Economy, Trade and Industry (such a seal or a sign is
hereinafter referred to as a "foreign government sign") or a mark similar to a foreign
government sign (such identical or similar mark is hereinafter referred to as a "mark
similar to a foreign government sign") as a trademark on goods or for services that are
identical or similar to goods or services for which such foreign government sign is used,
or shall sell or otherwise transfer, deliver, display for the purpose of assignment or
delivery, export, import or provide through an electronic telecommunication line, goods
using a foreign government sign as a trademark, or shall provide services using a foreign
government sign as a trademark. However, this shall not apply when permission has
been obtained from the government agency of the foreign state that is authorized to
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grant permission for use of the foreign government sign.
Article 17 (Prohibition of commercial use of a mark of an international organization)
No person shall use, in a manner which is likely to mislead the public as to the
existence of a relationship with any international organization (which means an
intergovernmental international organization or an equivalent organization specified by
an Ordinance of the Ministry of Economy, Trade and Industry; hereinafter the same shall
apply in Article), a mark identical or similar to a mark representing an international
organization, which is specified by an Ordinance of the Ministry of Economy, Trade and
Industry (such identical or similar mark is hereinafter referred to as a "mark similar to
an international organization mark") as a trademark, or shall sell or otherwise transfer,
deliver, display for the purpose of assignment or delivery, export, import or provide
through an electronic telecommunication line, goods using a mark similar to an
international organization mark as a trademark, or shall provide services using a mark
similar to an international organization mark as a trademark. However, this shall not
apply when the permission of such international organization has been obtained.
Article 18 (Prohibition of provision of illicit profit, etc. to foreign public officials, etc.)
(1) No person shall give, or offer or promise to give, any money or other benefits to a
foreign public officer for the purpose of having the foreign public officer act or refrain
from acting in a particular way in relation to his/her duties, or having the foreign public
officer use his/her position to influence another foreign public officer to act or refrain
from acting in a particular way in relation to that officer's duties, in order to obtain illicit
gains in business with regard to international commercial transactions.
(2) The term “foreign public officer” as used in the preceding paragraph means any of
the following:
(i) a person who engages in public services for a foreign, state, or local government;
(ii) a person who engages in services for an entity established under a special
foreign law to carry out specific affairs in the public interest;
(iii) a person who engages in the affairs of an enterprise of which the number of
voting shares or the amount of capital subscription directly owned by one or more of the
foreign, state, or local governments exceeds 50 percent of that enterprise's total issued
voting shares or total amount of subscribed capital, or of which the number of officers
(which means directors, auditors, secretaries, and liquidators and other persons engaged
in management of the business) appointed or designated by one or more of the foreign,
state, or local foreign governments exceeds half of that enterprise's total number of
officers, and to which special rights and interests are granted by the foreign state or local
governments for performance of its business, or a person specified by a Cabinet Order as
an equivalent person;
(iv) a person who engages in public services for an international organization (which
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means an international organization constituted by governments or intergovernmental
international organizations); or
(v) a person who engages in the affairs under the authority of a foreign, state, or
local government or an international organization, and which have been delegated by
such organization.
Chapter IV Miscellaneous Provisions
Article 19 (Exclusion from application, etc.)
(1) The provisions of Articles 3 to 15, Article 21 (excluding the part pertaining Article
21(2)(vii)) and Article 22 shall not apply to the acts prescribed respectively in the
following items for the classification of unfair competition listed therein:
(i) unfair competition listed in Article 2(1)(i), (ii), (xiii) and (xv) – the act of using or
indicating in a normally used manner a common name for goods or business (excluding
the name of a place of origin of goods made from grapes or using grapes as an ingredient,
which has become a common name) or an indication of goods or business that is
commonly used for identical or similar goods or business (hereinafter collectively
referred to as a "common name, etc."), or the act of assigning, delivering, displaying for
the purpose of assignment or delivery, exporting, importing or providing through an
electronic telecommunication line, goods using or indicating a common name, etc. in a
normally used manner (including an act of providing services using or indicating a
common name, etc. in a normally used manner, in the case of unfair competition listed in
items (xiii) and (xv) of the same paragraph);
(ii) unfair competition listed in Article 2(1)(i), (ii) and (xv) – the act of using one's
own name without a wrongful purpose (which means a purpose of acquiring an illicit
gain, a purpose of causing damages to others, or any other wrongful purpose; hereinafter
the same shall apply), or the act of assigning, delivering, displaying for the purpose of
assignment or delivery, exporting, importing or providing through an electronic
telecommunication line, goods using one's own name without a wrongful purpose
(including an act of providing services using one’s own name without a wrongful purpose,
in the case of unfair competition listed in the same items);
(iii) unfair competition listed in Article 2(1)(i) – the act of a person, who has used an
indication of goods or business that is identical or similar to another person’s indication
of goods or business before said person's indication became well-known among consumers
and other purchasers or who has succeeded to a business pertaining to said person's
indication, using such indication of goods or business without a wrongful purpose, or the
act of said person assigning, delivering, displaying for the purpose of assignment or
delivery, exporting, importing or providing through an electronic telecommunication line,
goods using such indication of goods or business without a wrongful purpose;
(iv) unfair competition listed in Article 2(1)(ii) – the act of a person, who has used an
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indication of goods or business that is identical or similar to another person's indication
of goods or business before said person's indication became famous among consumers
and other purchasers or who has succeeded to a business pertaining to said person's
indication, using such indication of goods or business without a wrongful purpose, or the
act of said person assigning, delivering, displaying for the purpose of assignment or
delivery, exporting, importing or providing through an electronic telecommunication line,
goods using such indication of goods or business without a wrongful purpose;
(v) unfair competition listed in Article 2(1)(iii) – any of the following acts:
(a) the act of assigning, leasing, displaying for the purpose of assignment or lease,
exporting or importing goods that imitate the configuration of goods for which three
years have elapsed from the date they were first sold in Japan; or
(b) the act of a person who has received goods that imitate the configuration of
another person’s goods by transfer (limited to a person who, at the time of receiving such
goods by transfer, had no knowledge that the goods imitated the configuration of another
person’s goods, and such lack of knowledge was not based on gross negligence) assigning,
leasing, displaying for the purpose of assignment or lease, exporting or importing such
goods;
(vi) unfair competition listed in Article 2(1)(iv) to (ix) – the act of a person, who has
acquired a trade secret through a transaction (limited to a person who, at the time of
acquiring such trade secret, had no knowledge that there had been an improper
disclosure of such trade secret or that such trade secret had been acquired through
wrongful acquisition or improper disclosure, and such lack of knowledge was not based
on gross negligence), using or disclosing the trade secret within the scope of authority
acquired through such transaction;
(vii) unfair competition listed in Article 2(1)(x) and (xi) – the act of assigning,
delivering, displaying for the purpose of assignment or delivery, exporting or importing
devices prescribed in Article 2(1)(x) and (xi) or data storage media or machines on which
programs have been recorded prescribed in the same items that are used for experiment
or research of technological restriction measures, or the act of providing said program
through an electronic telecommunication means.
(2) A person whose business interests have been infringed or are likely to be infringed
through any of the acts listed in items 2 or 3 of the preceding paragraph may request a
person, who is specified respectively in the following items for the classification of acts
listed therein, to use an appropriate indication for preventing confusion with his/her
goods or business:
(i) acts listed in item 2 of the preceding paragraph – a person using his/her own
name (including a person who personally sells or otherwise transfers, delivers, displays
for the purpose of assignment or delivery, exports, imports or provides through an
electronic telecommunication line, goods using his/her own name); or
(ii) acts listed in item 3 of the preceding paragraph – a person using an indication of
15
goods or business identical or similar to another person’s indication of goods or business,
and a person who succeeds to a business pertaining to such an indication of goods or
business (including a person who personally sells or otherwise transfers, delivers,
displays for the purpose of assignment or delivery, exports, imports or provides through
an electronic telecommunication line, goods using such an indication of goods or
business).
Article 20 (Transitional measures)
In the case of enacting, revising, or abolishing a Cabinet Order or an Ordinance of
the Ministry of Economy, Trade and Industry based on the provisions of this Act, such
order or ordinance may, to the extent deemed reasonably necessary for such enactment,
revision or abolition, specify required transitional measures (including transitional
measures concerning penal provisions).
Chapter V Penal Provisions
Article 21 (Penal Provisions)
(1) Any person who falls under any of the following items shall be punished by
imprisonment with work for not more than ten years, a fine of not more than ten million
yen, or both:
(i) a person who acquires a trade secret by an act of fraud or others (which means
an act of deceiving, assaulting, or intimidating a person; the same shall apply hereinafter
in this Article) or an act violating control obligations (which means an act of stealing
property, trespassing on a facility, making an unauthorized access [an act of
unauthorized access prescribed in Article 3 of the Unauthorized Computer Access Act
(Act No. 128 of 1999)], or violating the control of a trade secret maintained by its holder
in any other way; the same shall apply hereinafter in this Article) for the purpose of
acquiring an illicit gain or inflicting a loss to its holder.
(ii) a person who uses or discloses a trade secret acquired by an act of fraud or
others, or an act violating control obligations for a purpose of acquiring an illicit gain or
inflicting a loss to its holder.
(iii) a person to whom a trade secret was disclosed by its holder, and who, for the
purpose of acquiring an illicit gain or inflicting a loss to its holder, obtains the trade
secret by any of the following methods, in breach of the duty to keep safe custody of the
trade secret:
(a) embezzling a medium containing a trade secret (meaning a document, a drawing
or a data storage medium in which a trade secret is described or recorded; the same shall
apply hereinafter in this item) or a property which represents a trade secret
(b) reproducing a description or a record contained in a medium containing a trade
secret, or a property which represents a trade secret
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(c) not deleting a description or a record contained in a medium containing a trade
secret which should be deleted, and disguising this act as if the description or record
contained in the medium containing the trade secret had been deleted
(iv) a person to whom a trade secret was disclosed by its holder, and who, for the
purpose of acquiring an illicit gain or inflicting a loss to its holder, uses or discloses in
breach of the duty to keep safe custody of the trade secret the trade secret that was
obtained through the methods posted in “a” to “c” in the item above in breach of the duty
to keep safe custody of the trade secret
(v) a person who is an officer (which means a director, operating officer, managing
partner, secretary, auditor, or an equivalent person to them; the same shall apply in the
following item) or an employee of a trade secret holder from whom the trade secret has
been disclosed, and, for the purpose of acquiring an illicit gain or inflicting a loss to its
holder, uses or discloses it in breach of the duty to keep safe custody of the trade secret
(except for a person prescribed in the preceding item);
(vi) a person who is an officer or an employee of a trade secret holder from whom a
trade secret has been disclosed, and, for a purpose of acquiring an illicit gain or inflicting
a loss to its holder, offers to disclose it in breach of the duty to keep safe custody of the
trade secret or receives a request to use or disclose it while in office, and uses or discloses
it after leaving the job (except for a person prescribed in item 4)
(vii) a person who, for the purpose of acquiring an illicit gain or inflicting a loss to its
holder, uses or discloses a trade secret acquired by disclosure which is an offence
prescribed in item 2 or the previous 3 items
(2) Any person who falls under any of the following items shall be punished by
imprisonment with work for not more than five years, a fine of not more than five million
yen, or both:
(i) a person who, for a wrongful purpose, commits any act of unfair competition
listed in Articles 2(1)(i) or (xiii);
(ii) a person who, for a purpose of acquiring an illicit gain through the use of
reputation or fame pertaining to another person’s famous indication of goods or business
or for injuring said reputation or fame, commits any act of unfair competition listed in
Article 2(1)(ii);
(iii) a person who, for the purpose of acquiring an illicit gain, commits any act of
unfair competition listed in Article 2(1)(iii);
(iv) a person who, for a purpose of acquiring an illicit gain or for a purpose of
inflicting a loss to another person who is using technological restriction measures for
business, commits any act of unfair competition listed in Articles 2(1)(x) or (xi);
(v) a person who misrepresents information on goods or with respect to services, or
in an advertisement thereof or in a document or correspondence used for a transaction
related thereto, in a manner that is likely to mislead the public as to the place of origin,
quality, contents, manufacturing process, use, or quantity of such goods, or the quality,
17
contents, purpose, or quantity of such services (except for a person prescribed in item 1);
(vi) a person who violates a protective order; or
(vii) a person who violates any provision of Articles 16, 17, or 18(1).
(3) The offenses prescribed in paragraph 1, item 6 of the preceding paragraph may not
be prosecuted without a complaint.
(4) The offenses prescribed in item 2 or items 4 to 7 of paragraph 1 shall also apply to a
person who committed them outside Japan for a trade secret that had been kept within
Japan at the time of the act of fraud or others or the act violating control obligations, or
at the time the trade secret was disclosed by its holder.
(5) The offense prescribed in item 6 of paragraph 2 shall also apply to a person who
committed it outside Japan.
(6) The offense prescribed in item 7 of paragraph 2 (limited to the part pertaining to
Article 18(1)) shall be governed by Article 3 of the Penal Code (Act No. 45 of 1907).
(7) The provisions of paragraphs 1 and 2 shall not preclude application of penal
provisions under the Penal Code or any other acts.
Article 22
(1) When a representative of a juridical person, or an agent, employee or any other of a
juridical person or an individual has committed a violation prescribed in any of the
provisions of items 1, 2 or 7 of paragraph 1, or paragraph 2 of the preceding Article with
regard to the business of said juridical person or said individual, not only the offender
but also said juridical person shall be punished by a fine of not more than three hundred
million yen, or said individual shall be punished by the fine prescribed in the relevant
Article:
(2) In the case referred to in the preceding paragraph, a complaint filed against said
offender pertaining to an offense prescribed in items 1, 2, and 7 of paragraph 1, and item
6 of paragraph 2 of the preceding Article shall also be effective against the juridical
person or the individual, and a complaint filed against the juridical person or the
individual shall also be effective against said offender.
(3) The period of prescription of a penalty of fine to be imposed a judicial person or
individual pursuant to the provisions of paragraph 1 in regard to an act of violation of
items 1, 2 or 7 of paragraph 1 or paragraph 2 of the preceding Article shall be the same as
that for the offenses prescribed in the provisions of the preceding Article.
Chapter VI Special Measures for Criminal Litigation Proceedings
Article 23 (Protective Rulings of trade secret, etc.)
(1) The court may, where it handles cases pertaining to the crimes prescribed in Article
21(1) or the crimes prescribed in the preceding Article (1) (limited to the part related to
Article 21(1)(i), (ii) and (vii)), when the victim or a legal representative of said victim, or
18
lawyer who has been delegated by these persons requests that matters specifying the
whole of or part of the information that constitutes the trade secret of the case shall not
be revealed in an open court, when the court believes it to be appropriate upon hearing
the opinions of the accused or his/her counsel, with determining the scope, decide, that
the matters shall not be revealed in an open court.
(2) A request prescribed in the preceding paragraph shall be made to the public
prosecutor in advance. In such case, the public prosecutor shall notify as such to the
court together with the prosecutor's opinion.
(3) The court may, where it handles cases prescribed in paragraph 1, when the public
prosecutor or the accused or his/her counsel requests that matters specifying the whole of
or part of the information that constitutes a trade secret held by the accused or other
persons shall not be revealed in an open court, when the court finds that the matters are
indispensable for proving the case or the defense of the accused and that there is a risk
that revealing the matters in an open court will significantly hinder the business
activities of the accused or other persons that are based on the trade secret and when the
court believes it to be appropriate upon hearing the opinions of the opponent, with
determining the scope, decide, that the matters shall not be revealed in an open court.
(4) The court may, where it has made a ruling prescribed in paragraph 1 or the
preceding paragraph (hereinafter referred to as “protective rulings”), when the court
deems it necessary, upon hearing the opinions of the public prosecutor and the accused or
his/her counsel, determine, on a ruling, a provisional name or other expression in lieu of
the name or other expression pertaining to the matters specifying constituent
information of a trade secret ("matters specifying the constituent information of a trade
secret" mean matters specifying whole or part of information that constitutes a trade
secret which shall not be revealed in an open court pursuant to the protective rulings; the
same shall apply hereinafter).
(5) The court shall, where it has made a protective ruling, when the court has found
that it is inappropriate that the matters specifying the constituent information of a trade
secret shall not be revealed in an open court or when the case has ceased to be the case
prescribed in paragraph 1 because applicable penal statutes have been withdrawn or
altered pursuant to Article 312 of the Code of Criminal Procedure (Act No. 131 of 1948),
rescind, on a ruling, the whole or part of the protective rulings and the whole or part of a
ruling prescribed in the preceding paragraph (hereinafter referred to as “ruling on a
provisional name, etc.”) pertaining to the protective rulings.
Article 24 (Special Measures of reading out the charging sheet)
Where a protective ruling has been given, reading out the charging sheet under
Article 291(1) of the Code of Criminal Procedure shall be conducted by a measure which
does not reveal the matters specifying constituent information of a trade secret. In this
case, the public prosecutor shall show the charge sheet to the accused.
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Article 25 (Limitation on questions, etc.)
(1) The presiding judge may, where a protective ruling has been given, when questions
or statements by persons concerned with the trial include the matters specifying
constituent information of a trade secret, except when limitations on such questions or
statements may interfere considerably with proving the case or may substantially harm
the defense of the accused, limit such questions or statements. The same shall apply
questions for the accused by persons concerned in the trial.
(2) The provisions of Article 295(4) and (5) of the Code of Criminal Procedure shall
apply mutatis mutandis to cases in which the public prosecutor or the counsel who is a
lawyer has failed to obey an order pursuant to the provision of the preceding paragraph.
Article 26 (Examination of the witness and others on a day other than the trial date)
(1) The court may, where it has made a protective ruling, or when it examines a witness,
an interpreter or a translator or when the accused makes a statement voluntarily, upon
hearing the opinions of the public prosecutor and the accused or his/her counsel, when
the court finds that there is a risk that examinations or statements of the witness, the
expert witness, the interpreter or the translator, or questions for the accused or
statements of the accused include the matters specifying constituent information of trade
secret and revealing such matters in an open court will significantly hinder the business
activities of the victim, the accused or other persons that are based on the trade secret,
and it is avoidable in order to prevent such risk, conduct the examination or the
procedure of asking the accused questions provided in Article 311(2) and (3) of the Code
of Criminal Procedure on a day other than the trial date.
(2) The provisions of Article 157(1) and (2), Article 158(2) and (3), Article 159(1), Article
273(2), Article 274 and Article 303 of the Code of Criminal Procedure shall apply mutatis
mutandis to the procedure of asking the accused questions pursuant to the provision of
the preceding paragraph. In this case, "the accused or his/her counsel" in Article 157(1),
Article 158(3) and Article 159(1) of the Code of Criminal Procedure shall be read as "the
counsel, the co-defendants or his/her counsel"; "the accused and his/her counsel" in
Article 158(2) of said Code shall be read as "the counsel, the co-defendants and his/her
counsel"; "the trial date" in Article 273(2) of said Code shall be read as "the date of the
procedure of asking the accused questions pursuant to the provision of Article 26(1) of
the Unfair Competition Prevention Act"; "the trial date" in Article 274 of said Code shall
be read as "the date, time and location of the procedure of asking the accused questions
pursuant to the provision of Article 26(1) of the Unfair Competition Prevention Act";
"documents which contain the results of the examination of witnesses or other persons,
results of inspections, search or seizure, and objects seized" in Article 303 of said Code
shall be read as "documents which contain the results of the procedure of asking the
accused questions pursuant to the provision of Article 26(1) of the Unfair Competition
20
Prevention Act"; and "documentary or material evidence" in the same Article shall be
read as the "documentary evidence".
Article 27 (Order to produce or show a document that outlines the matters of questions,
etc.)
When the court deems it necessary in making a ruling on a provisional name, etc. or in
determining that the examination or the procedure of asking the accused questions shall
be conducted on a day other than the trial date pursuant to the provision of the preceding
Article (1), the court may order for the public prosecutor and the accused or his/her
counsel to show a document that outlines of the matters to be questioned or stated or
asked to the accused by persons concerned in the trial.
Article 28 (Special Measures of reading out the documentary evidence)
Where a protective ruling has been given, reading out the documentary evidence
pursuant to the provision of Article 305(1) or (2) of the Code of Criminal Procedure shall
be conducted by a method which does not reveal the matters specifying constituent
information of trade secret.
Article 29 (Ruling in the pretrial arrangement proceeding, etc.)
The following actions may be taken in the pretrial arrangement proceeding and the
inter-trial arrangement proceeding:
(i) Protective rulings or ruling on a provisional name, etc., or ruling to rescind these
rulings; or
(ii) Determining that the examination or the procedure of asking the accused questions
shall be conducted on a day other than the trial date pursuant to the provision of Article
26(1).
Article 30 (Request of secrecy of trade secret in the disclosure of evidence)
(1) The public prosecutor and the counsel may, in providing the opportunity to inspect
documents or articles of evidence pursuant to the provision of Article 299(1) of the Code
of Criminal Procedure with regard to cases prescribed in Article 23(1), when they find
that there is a risk that revealing the matters specifying constituent information of a
trade secret prescribed in Article 23(1) or (3) in an open court will significantly hinder
the business activities of the victim, the accused or other persons that are based on the
trade secret, notify the opponent of such risk and request particular care to be taken so
that such matters are not disclosed to those concerned (including the accused), unless
such matters are necessary for proving the case or the criminal investigation, or for the
defense of the accused; provided, however, that with regard to requesting particular care
to be taken so that such matters are not disclosed to the accused, this shall apply only to
such matters other than those written in the charging sheet.
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(2) The provision of the preceding paragraph shall apply mutatis mutandis to cases in
which the public prosecutor or the counsel discloses evidence pursuant to the provisions
of Part II, Chapter III, Section 2, Subsection 1, Division 2 of the Code of Criminal
Procedure (including cases to which these provisions apply pursuant to the provision of
Article 316-28(2) of said Code).
Article 31 (Delegation to a Rules of the Supreme Court of Criminal Procedure)
In addition to what is provided for in this Act, necessary matters concerning the
enforcement of the provisions of Articles 23 to the preceding Article shall be specified by
the Supreme CourtRules of Criminal Procedure.
Supplementary Provisions (Extract)
Article 1 (Entry into force)
This Act shall enter into force on the day specified by a Cabinet Order within a
period not exceeding one year from the day of promulgation.
(Entered into force on May 1, 1994, by Cabinet Order No. 44 of 1994)
Article 2 (Transitional measures)
Except as otherwise provided, the provisions of the Unfair Competition Prevention
Act (hereinafter referred to as the “New Act”) as revised by this Act shall apply to the
matters that arose before the enforcement of this Act. However, this does not preclude
the effects that had arisen from the Unfair Competition Prevention Act before the
revision (hereinafter referred to as the “Former Act”).
Article 3
The provision of Article 3, the main clause of Article 4, and Article 5 of the New Act
shall not apply to continuation of any of the following acts that were commenced before
the enforcement of this Act.
(i) an act that falls under Article 2(1)(ii) of the New Act (excluding an act that falls
under Item 1 of the same paragraph); or
(ii) among the acts listed in Article 2(1)(xiii) of the New Act, the act of
misrepresenting information with respect to services, or in an advertisement thereof, or
in a document or correspondence used for a transaction related thereto, in a manner that
is likely to mislead the public as to the quality, contents, purpose or quantity of such
services, or the act of providing services with such an indication.
Article 4
The provisions of Articles 3 to 5, Article 14, and Article 15 of the New Act shall not
22
apply to acts of unfair competition listed in Article 2(1)(iv) to (vi), (viii) and (ix) of the
New Act pertaining to wrongful acquisition prescribed in Item 4 of the same paragraph
or improper disclosure prescribed in Item 8 of the same paragraph that took place before
June 15, 1991, when such acts of competition are committed after such date (excluding
acts listed in the following items), or to continuation of an act of using a trade secret
prescribed in Item 7 of the same paragraph that was commenced before such date:
(i) the act of disclosing a trade secret prescribed in Article 2(1)(iv) to (vi), (viii) and
(ix) of the New Act; or
(ii) the act of acquiring a trade secret prescribed in Article 2(1)(v) and (viii) of the
New Act, and the act of using a trade secret that was acquired through such act.
Article 5
The provisions of Article 7 of the New Act shall apply to lawsuits filed after the
enforcement of this Act, and with regard to lawsuits filed before the enforcement of this
Act, the provisions then in force shall remain applicable.
Article 6
The provisions of Article 14 of the New Act shall not apply to continuation of an act
that falls under Article 2(1)(ii) or (xiii) of the New Act that was commenced before the
enforcement of the Act (excluding an act that falls under Item 1 of the same paragraph).
Article 7
A person who has obtained the permission prescribed in Article 4(1) to (3) or Article
4-2 of the Former Act before the enforcement of this Act is deemed to have obtained the
permission respectively prescribed in the provisos to Article 16(1) to (3) or the proviso to
Article 17 of the New Act.
Article 8
The provision of Article 16 of the New Act shall not apply to a person who has
obtained the permission prescribed in Article 4(4) of the Former Act before the
enforcement of this Act.
Article 9
The provision of Article 17 of the New Act shall not apply to continuation of an act
that falls under the act of using a mark similar to an international organization mark
(excluding a mark identical or similar to a crest, a flag, or other emblem, abbreviation, or
name of an international intergovernmental organization that is designated by the
competent minister as prescribed in Article 4-2 of the Former Act; hereinafter referred to
as a “mark similar to a private international organization mark”) as a trademark, or
assigning, delivering, displaying for the purpose of assignment or delivery, exporting,
23
importing or providing through an electronic telecommunication line, goods using a mark
similar to a private international organization mark as a trademark, or providing
services using a mark similar to a private international organization mark as a
trademark, which is prescribed in Article 17 of the New Act, if such an act is commenced
before the enforcement of this Act.
Article 10
The provision of Article 21 (excluding the part pertaining to Article 21(2)(vi)) and
Article 22 of the New Act shall not apply to continuation of an act that falls under Article
3(ii) of the Supplementary Provisions of this Act, when such an act was commenced
before the enforcement of this Act.
Article 11
With regard to a request prescribed in Article 3 of the Former Act made by a foreign
national prescribed in the same Article against an act that was committed before the
enforcement of this Act, the provisions then in force shall remain applicable.
Article 13 (Transitional measures for application of penal provisions)
With regard to application of the penal provisions to an act that was committed
before the enforcement of this Act, the provisions then in force shall remain applicable.
Article 14 (Delegation to a Cabinet Order)
In addition to the matters provided for in Articles 2 to 11 and Article 13 of the
Supplementary Provisions of this Act, the transitional measures necessary for
enforcement of this Act shall be specified by a Cabinet Order.