About Intellectual Property IP Training Respect for IP IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgements IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships AI Tools & Services The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars IP Enforcement WIPO ALERT Raising Awareness World IP Day WIPO Magazine Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Webcast WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO Translate Speech-to-Text Classification Assistant Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight
Arabic English Spanish French Russian Chinese
Laws Treaties Judgments Browse By Jurisdiction

Unfair Competition Prevention Act (Act No. 47 of May 19, 1993, as amended up to May 23, 2003), Japan

Back
Superseded Text  Go to latest Version in WIPO Lex
Details Details Year of Version 2003 Dates Amended up to: May 23, 2003 Promulgated: May 19, 1993 Type of Text Main IP Laws Subject Matter Competition, Industrial Property Subject Matter (secondary) Enforcement of IP and Related Laws

Available Materials

Main Text(s) Related Text(s)
Main text(s) Main text(s) English Unfair Competition Prevention Act (Act No. 47 of May 19, 1993, as amended up to May 23, 2003)        

UNFAIR COMPETITION PREVENTION LAW

Law No. 47 of May 19, 1993, as last amended on May 23, 2003

Purpose Article 1.-The purpose of this Law is to provide measures for inter alia the prevention of unfair

competition and compensation for damages from unfair competition, in order to ensure fair competition among business entities and the full implementation of international agreements related thereto, and thereby to contribute to the sound development of the national economy.

Definitions Article 2.-(1) The term “unfair competition” used in this Law shall mean any of the following acts:

(i) the act of causing confusion with another person’s goods or business by using an indication of goods or other indication (hereinafter, “indication of goods or other indication” means a name connected with a person's business, trade name, trademark, mark, container or package of goods, or any other indication used for the indication of goods or business) which is identical or similar to another person's indication of goods or other indication which 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 electronic communication line, goods using such indication;

(ii) the act of using an indication of goods or other indication as one’s own which is identical or similar to another person's indication of goods or other indication which is famous; or the act of assigning, delivering, displaying for the purpose of assignment or delivery, exporting, importing or providing through an electronic communication line, goods using such indication;

(iii) the act of assigning, leasing, displaying for the purpose of assignment or lease, exporting or importing goods which imitate the configuration of another person's goods (excluding a configuration which is commonly used for goods of the same kind as that of such other person or, where there are no goods of the same kind, goods which have an identical or similar function and utility to those of such other person; in addition, also excluding goods for which three years have elapsed from the date on which selling thereof first commenced);

(iv) the act of acquiring a trade secret by improper means such as theft, fraud or coercion (hereinafter referred to as “improper acquisition of a trade secret”); or the act of using or disclosing a trade secret so acquired (including, hereinafter, the act of disclosing such trade secret confidentially to a specific person or persons);

(v) the act of acquiring a trade secret while being aware that such trade secret has been acquired through improper acquisition or, through gross negligence, not being aware of such matter; or the act of using or disclosing a trade secret so acquired;

(vi) the act of using or disclosing a trade secret after becoming aware, subsequent to its acquisition, that such trade secret has been acquired through improper acquisition or, through gross negligence, not becoming aware of such matter;

(vii) the act of using or disclosing a trade secret which has been disclosed by the business entity holding it (hereinafter referred to as the “holder”), for the purpose of unfair business competition or otherwise acquiring an unfair profit, or for the purpose of causing injury to such holder;

(viii) the act of acquiring a trade secret while being aware or, through gross negligence, not being aware that there has been an improper disclosure of such trade secret (which means, hereinafter, in the case stipulated in Article 2(1)(vii) above, an act of disclosing a trade secret for the purpose stipulated in the said item, or an act of disclosing a trade secret in breach of a legal duty to maintain secrecy) or that such trade secret has been acquired through improper disclosure; or the act of using or disclosing a trade secret so acquired;

(ix) the act of using or disclosing an acquired trade secret after becoming aware, 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, or not being aware of such matter through gross negligence;

(x) the act of assigning, delivering, displaying for the purpose of assignment or delivery, exporting or importing (a) devices (including machines combined with such devices) having the sole function of enabling the viewing of images, listening to sounds or running of programs, or recording of images, sounds or programs which are restricted by technological restriction measures used by business (excluding technological restriction measures used to restrict all but specific persons from viewing images, listening to sounds or 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 have been recorded (including programs combined with such programs) having only such function; or the act of providing programs having only such function through an electronic communication line;

(xi) the act of assigning, delivering, displaying for the purpose of assignment or delivery, exporting or importing, to all but specific persons described below, (a) devices (including machines combined with such devices) having the sole function of enabling the viewing of images, listening to sounds or running of programs, or recording of images, sounds or programs which are restricted by technological restriction measures used by business to restrict all but specific persons from viewing images, listening to sounds or 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 have been recorded (including programs combined with such programs) having only such function; or the act of providing programs having only such function through an electronic communication line;

(xii) the act of acquiring or holding a right to use a domain name which is identical with, or similar to, another party’s specific indication of goods or other indication (which means a name connected with a person's business, trade name, trademark, mark, or any other indication used for the indication of goods or service), or the act of using such a domain name, for the purpose of acquiring an unfair profit or for the purpose of causing injury to another person;

(xiii) the act of indicating 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 which is likely to be misleading with respect to the place of origin, quality, contents, manufacturing process, use or quantity of such goods, or the quality, contents, use 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 electronic communication line, goods with such an indication or providing services with such an indication;

(xiv) the act of making or circulating a false allegation injurious to the business reputation of another person in a competitive relationship;

(xv) the act of an agent, representative, or a person who was 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 and hereinafter referred to simply as a “right”) within one year of the date of such act in a country of the Union established by the Paris Convention (used herein as defined in Article 4(1)(ii) of the Trademark Law (Law No.127 of 1959)) or in a member country 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 or importing or providing through an electronic communication line, goods using such trademark, identical or similar to the goods relating to such right; or providing services using such trademark, identical or similar to the services relating to such right.

(2) The term “trademark” used in this Law shall mean trademark as defined in Article 2 (1) of the Trademark Law.

(3) The term “mark” used in this Law shall mean mark as defined in Article 2 (1) of the Trademark Law.

(4) The term “trade secret” used in this Law shall mean technical or business information useful in commercial activities, such as manufacturing or marketing methods, which is kept secret and not publicly known.

(5) The term “technological restriction measures” used in this law shall mean measures which restrict viewing images, listening to sounds or running programs, or recording images, sounds or programs through electro-magnetic means (which means electronic means, magnetic means or other means unrecognizable by human perception), and which adopt a system of recording on data storage media or transmitting a signal as having specific effects on machines for such purposes as viewing and listening (which means, hereinafter, machines used for viewing images, listening to sounds or running programs, or recording images, sounds or programs), or a system of recording on data storage media or transmitting transformed images, sounds or programs which need specific transformation by machines for such purposes as viewing or listening.

(6) The term “program” used in this Law shall mean combined instructions given to a computer so as to obtain a certain result.

(7) The term “domain name” used in this Law shall mean letters, numbers, signs or other codes or any combination thereof that correspond to numbers, signs, letters or any combination thereof used to identify a computer on the Internet.

(8) The term “articles” used in this Law includes computer programs.

Right to Request an Injunction Article 3.-(1) A person whose business interests are infringed or are likely to be infringed by unfair

competition may request an injunction preventing or suspending such an infringement against the person who is infringing such business interests or is likely to do so.

(2) A person whose business interests are infringed or are likely to be infringed by unfair competition may request, at the time of the request described in the preceding paragraph, the destruction of articles which constitute an act of infringement (including articles created by the act of infringement; the same shall also apply to Article 5(1)), the removal of equipment used for an act of infringement, or other measures necessary to suspend or prevent such infringement.

Claim for Damages Article 4.-A person who intentionally or negligently infringes on the business interests of another

person by unfair competition shall be liable to compensate for damages which result therefrom. However, this provision shall not apply to damages which arise from use of a trade secret after the rights described in Article 8, herein, are extinguished in accordance with the said article.

Presumption of Amount of Damages, etc. Article 5.-(1) Where a person whose business interests are infringed by unfair competition defined

in items (i) to (ix) or (xv) of Article 2(1) (regarding the unfair competition referred to in subparagraphs (iv) to (ix), however, only unfair competition that involves a technical secret (as used in this Law, a “technical secret” means technical information useful in commercial activities, such as manufacturing methods, which is kept secret and not publicly known)) (such a person is hereinafter referred to in this paragraph as the “infringed person”) claims compensation for damage caused by such an infringement against a person who intentionally or negligently has infringed such business interests, and where the infringer has assigned the articles which constitute the act of infringement, the total number of articles that the infringer has assigned (hereinafter referred to in this paragraph as the "number of assigned articles") multiplied by the amount of unit profit of such articles which the infringed person could have gained in the absence of the infringement, may be used as the amount of damage suffered by the infringed person within a limit not exceeding the amount attainable by the infringed person’s sales capability or other commercial capability. Where there is any circumstance that prevents the infringed person from selling all or part of the assigned articles, however, a sum corresponding to the number of assigned articles that the infringed person could not sell shall be deducted.

(2) Where a person whose business interests have been infringed by unfair competition has claimed compensation for damages which that person has suffered, from a person who intentionally or negligently infringed such business interests and received profits through such act of infringement, such amount of profits shall be presumed to be the amount of damages caused to the person whose business interests were infringed.

(3) A person whose business interests are infringed by unfair competition in any of the manners described in Article 2 (1) items (i) to (ix), (xii) and (xv) may claim, from a person who intentionally or negligently has infringed such business interests, compensation for damages which the infringed person has suffered in an amount equivalent to the amount which ought to be awarded as compensation, in accordance with the type of unfair competition described in the following items, for the act described in such items:

(i) unfair competition as described in Article 2 (1) item (i) or (ii): the use of an indication of goods or other indication relating to such infringement;

(ii) unfair competition as described in Article 2 (1) item (iii): the use of a configuration of goods relating to such infringement;

(iii) unfair competition as described in Article 2 (1) items (iv) to (ix): the use of a trade secret relating to such infringement;

(iv) unfair competition as described in Article 2 (1) item (xii): the use of a domain name relating to such infringement;

(v) unfair competition as described in Article 2 (1) item (xv): the use of a trademark relating to such infringement.

(4) The provisions in the preceding paragraph shall not prevent a claim to compensate for damages exceeding the amount indicated in the paragraph. In such a case, the court may take into consideration, in determining the amount of compensation for damages, the fact that a person who infringed such business interests did not do so intentionally or through gross negligence.

Obligation to Specifically Clarify Relevant Act Article 5bis.-In a litigation related to infringement of business interests by unfair competition

where a person whose business interests allegedly have been infringed or are allegedly likely to be infringed by the unfair competition asserts that such an infringement has been made or is likely to be made by a specific article or specific process, the adversary party must, in order to deny that person’s allegation regarding use of the specific article or specific process, specifically clarify in what manner his relevant act was done; provided however, that this does not apply in the case where the adversary party has a justifiable reason that prevents such information from being disclosed.

Submission of Documents, etc. Article 6.-(1) In litigation relating to infringement of business interests by unfair competition, the

court may order, upon petition of a party, the other party to submit any document necessary to establish the infringing act or calculate the amount of damages caused by such infringement. However, this provision shall not apply when the person holding such a document has a legitimate reason for refusing to submit it.

(2) Where deemed necessary to decide whether there is a justifiable reason referred to in the proviso to the preceding paragraph, the court may invite the person possessing the document to present it. In such a case, no person may request the disclosure of the document presented.

(3) The preceding two paragraphs shall apply mutatis mutandis to the presentation of the subject matter for the inspection necessary for proof of the infringement alleged in a litigation relating to the infringement of business interests through an act of unfair competition.

Expert opinion for calculation of damage Article 6bis.-In a litigation relating to the infringement of business interests by unfair competition,

where the court orders, upon request from a party, an expert opinion to be given with respect to the matters necessary for the calculation of the damages caused by the infringement, the parties shall explain to the expert the matters necessary for the expert opinion to be given.

Award of reasonable damages Article 6ter-Where, in a litigation relating to the infringement of business interests by unfair

competition, it is found by the court that some damage was actually caused, the court may award a reasonable amount of damages, based on the purport of the oral argument and the result of the taking of evidence, when it is extremely difficult to prove the facts necessary for proof of damages because of the nature of such relevant facts.

Measures to Recover a Business Reputation Article 7.-The court may order a person who intentionally or negligently has committed an act of

unfair competition and thereby injured the business reputation of another person, upon the request of the person whose business reputation has been so injured, to take measures necessary for the recovery of the business reputation of that person in lieu of compensation for damages or in addition thereto.

Negative Prescription Article 8.-The right to request an injunction, by the provisions of Article 3 (1), to suspend or prevent

an infringement through an act of using a trade secret described in Article 2 (1) items (iv) to (ix), shall be extinguished by prescription when the person who commits such an act continues it and the right- holder whose business interests have been infringed or are likely to be infringed by such act does not exercise such right within three years from the time that such right-holder becomes aware of such facts and of the person committing such act. The same extinguishment shall apply, in any event, when ten years have elapsed from the time of commencement of such act.

Prohibition of Commercial Use of a State Emblem of a Foreign State Article 9.-(1) No person shall use, as a trademark, a mark identical to a flag or an armorial bearing of

a foreign state or any other emblem which is prescribed by an ordinance of the Ministry of Economy, Trade and Industry (hereinafter, all such emblems referred to as a “flag of a foreign state or other emblem”) or a mark similar to a flag of a foreign state or other emblem (hereinafter, such identical or similar mark is referred to as a “mark similar to a flag of a foreign state or other emblem”), or shall assign, deliver, display for the purpose of assignment or delivery, export, import or prove through an electronic communication line, goods using a mark similar to a flag of a foreign state or other emblem as a trademark, or shall provide services using a similar mark to a flag of a foreign state or other emblem. However, this provision shall not apply when permission has been obtained from the government agency of the foreign state which is vested with authority to grant permission (including, in this case and hereinafter, administrative measures similar to permission) for the use of a national flag of a foreign state or other insignia.

(2) In addition to the provision stipulated in the preceding paragraph, no person shall use, in a manner which is likely to mislead with respect to the place of origin of goods, an armorial bearing of a foreign state which is prescribed by the ordinance of the Ministry of Economy, Trade and Industry referred to in the preceding paragraph (hereinafter referred to as an “armorial bearing”), or shall assign, deliver, display for the purpose of assignment or delivery, export , import or provide through an electronic communication line, goods using an armorial bearing, or shall provide services using an armorial bearing. However, this provision shall not apply when permission has been obtained from the government agency of the foreign state which is vested with the authority to grant permission to use the coat of arms.

(3) No person shall use a mark identical to a hallmark or a sign of a foreign state or regional public entity, indicating control or warranty, which is prescribed by an ordinance of the Ministry of Economy, Trade and Industry (hereinafter referred to as a “sign of a foreign state or other sign”) or a similar mark (hereinafter, such identical or similar mark is referred to as a “sign similar to that of a foreign state or other sign”) as a trademark on goods or for services identical or similar to goods or services for which

such sign of a foreign state or other sign is used, or shall assign, deliver, display for the purpose of assignment or delivery, export, import or provide through an electronic communication line, goods using a government sign or other sign as a trademark, or shall provide services using a government sign or other sign as a trademark. However, this provision shall not apply when permission has been obtained from the government agency of the foreign state which is vested with authority to grant permission to use the government sign or other sign.

Prohibition of Commercial Use of a Mark of an International Organization Article 10.-No person shall use, in a manner which is likely to mislead with respect to a relationship

with any international organization (hereinafter in this article, refers to an international organization of government or any organization equivalent thereto prescribed by an ordinance of the Ministry of Economy, Trade and Industry), a mark identical or similar to a mark representing an international organization which mark is prescribed by an ordinance of the Ministry of Economy, Trade and Industry (hereinafter, such identical or similar mark is referred to as a “similar mark of an international organization”), as a trademark, or shall assign, deliver, display for the purpose of assignment or delivery, export, import or provide through an electronic communication line, goods using a similar mark of an international organization as a trademark, or shall provide services using a similar mark of an international organization as a trademark. However, this provision shall not apply when the permission of such international organization has been obtained.

Prohibition of bribery of foreign public officials) Article 11. -(1) No person shall give, offer or promise any pecuniary or other advantage, to a foreign

public official, in order that the official act or refrain from acting in a particular way in relation to the performance of official duties, or in order that the official, using his/her position, exert influence upon another foreign official so as to cause him/her to act or refrain from acting in a particular way in relation to the performance of official duties, in order to obtain or retain an improper business advantage in the conduct of international business.

(2) The term "foreign public official" used in paragraph (1) shall mean any of the following persons: (i) Any person who engages in public services for national or local foreign governments (ii) Any person who engages in services for an entity constituted under foreign special laws

to carry out specific tasks in the public interest. (iii) Any person who engages in services for an enterprise of which the number of voting

stock or the amount of capital subscription directly owned by one or more of the national or local foreign governments exceeds one-half of that enterprise’s total issued voting stocks or total subscribed capital, or of which the number of executives (including directors, statutory auditors, trustees, inspectors, liquidators or other persons who engage in management of its business) appointed or named by one or more national or local foreign governments exceeds one-half of that enterprise's total number of executives, and to which special privileges are given by national or local foreign governments to do its business; and such person as defined in the government ordinance as a “foreign public official”.

(iv) Any person who engages in public services for an international organization (hereinafter, an “international organization" means an international organization which is formed either by governments or by an international organization formed by governments).

(v) Any person who exercises a public function which falls under the authorized competence of national or local foreign governments or an international organization and is delegated by them.

Exemptions Article 12.-(1) The provisions of Articles 3 to 8, 14 (excluding those portions concerning

paragraph (1) item (vii) thereof) and 15 are not applicable to the following acts of unfair competition: (i) unfair competition as described 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, and having become a common name) or goods or other indication that is commonly used for identical or similar goods or business (hereinafter such a common name or commonly-used indication are together referred to as “common name”); or the act of assigning or delivering, displaying for the purpose of assignment or delivery, exporting , importing or providing through an electronic communication line, goods using or indicating a common name in a normally-used manner (including, in the case of unfair competition as described in items (xiii) or (xv) of the same paragraph, an act of providing services using or indicating, in a normally-used manner, a common name);

(ii) unfair competition as described in Article 2 (1) (i), (ii) and (xv): the act of using one's own personal name, for no unfair purpose (hereinafter, “unfair

purpose” means a purpose to acquire an unfair benefit, a purpose to cause injury to another person or any other unfair purpose); or the act of assigning, delivering, displaying for the purpose of assignment or delivery, exporting, importing or providing through an electronic communication line, goods using, for no unfair purpose, one's own personal name (including, in the case of unfair competition as described in any of the said items, an act of providing services using one's own personal name for no unfair purpose);

(iii) unfair competition as described in Article 2 (1) (i): the act of a person using an indication of goods or other indication, for no unfair purpose,

identical or similar to another person’s indication of goods or other indication which is well-known, if such person had used such indication before it became well-known among consumers or other purchasers or was successor to a business related to such indication; or the act of assigning, delivering, displaying for the purpose of assignment or delivery, exporting, importing or providing through an electronic communication line, goods which use such indication for no unfair purpose;

(iv) unfair competition as described in Article 2 (1) (ii): the act of a person using an indication of goods or other indication, for no unfair purpose,

identical or similar to another person’s indication of goods or other indication which is famous, if such person had used such indication before it became famous or was successor to a business related to such indication; or the act of assigning, delivering, displaying for the purpose of assignment or delivery, exporting, importing or providing through an electronic communication line, goods which use such indication for no unfair purpose;

(v) unfair competition as described in Article 2 (1) (iii): the act of a person assigning, leasing, displaying for the purpose of assignment or lease,

exporting or importing goods which the person has obtained by assignment, and which, as described in item (iii), imitate the configuration of another person's goods (provided that such person, at the time of obtaining such goods by assignment, was unaware that such goods imitated the configuration of another person's goods and was not unaware of such matter through gross negligence);

(vi) unfair competition as described in Article 2 (1) (iv) to (ix): the act of a person using or disclosing a trade secret, within the scope of authority which

such person acquired through a transaction, which such person has acquired through such transaction (provided that such person, at the time of such acquisition, was not aware that there had been an improper disclosure of such trade secret or that such trade secret had been acquired through an improper disclosure or improper acquisition and was not unaware of such matter through gross negligence).

(vii) unfair competition as described in Article 2 (1) (x) and (xi): the act of assigning, delivering, displaying for the purpose of assignment or delivery,

exporting or importing devices, or data storage media or machines onto which programs have been recorded as described in Article 2 (1) (x) and (xi), or the act of providing such programs through an electric communication line, for the purpose of testing or research of technological restriction measures.

(2) A person whose business interests are infringed or likely to be infringed through one of the acts described in item (ii) or (iii) of the preceding paragraph may request a person who is described in the following items, in accordance with the type of unfair competition described in such items, to use an appropriate indication in order to prevent confusion with the goods or business of such person:

(i) an act as described in item (ii) of the preceding paragraph: a person using his/her own personal name (including a person who personally assigns,

delivers, displays for the purpose of assignment or delivery, exports , imports or provides through an electronic communication line, goods using his own personal name);

(ii) an act as described in item (iii) of the preceding paragraph: a person using an indication of goods or other indication identical or similar to another

person’s indication of goods or other indication and a person who succeeds to a business relating to such an indication (including a person who personally assigns, delivers, displays for the purpose of assignment or delivery, exports, imports or provides through an electronic communication line, goods using such an indication).

Transitional Measures Article 13.-In the case where a government ordinance or an ordinance of the Ministry of Economy,

Trade and Industry is to be enacted, amended or abolished in accordance with the provisions of this Law, such ordinance may prescribe, to the extent deemed necessary and reasonable for such enactment, amendment or abolition, necessary transitional measures (including transitional measures concerning penal provisions).

Penal Provisions Article 14.-Any person who falls under any of the following items shall be liable to imprisonment for

a period not exceeding three years or for a fine not exceeding \3,000,000: (i) a person who commits, for an unfair purpose, any act of unfair competition described in

Article 2 (1)(i) or (xiii); (ii) a person (excluding a person described in the preceding item) who indicates a falsehood

on goods, with respect to services, in an advertisement thereof, or in a document or correspondence used for a transaction thereof, which is likely to mislead with respect to the place of origin, quality, contents, manufacturing process, use or quantity of such goods, or the quality, contents, use or quantity of such services;

(iii) a person who, for a purpose of unfair competition, uses or discloses a trade secret which was obtained by a fraudulent or other unlawful act (hereinafter, this refers to an act of deceiving, assaulting or coercing another person) or a control-violating act (which means an act of stealing a document or data storage mediim which contains or records a trade secret (such a document or recording medium is hereinafter referred to as “medium containing a trade secret”), trespassing on facilities in which a trade secret is kept, or unauthorized computer access (this refers to an act of unauthorized computer access defined by Article 3 of the Unauthorized Computer Access Law (Law No. 128 of 1999)), or other act that violates the control of a trade secret maintained by its holder).

(iv) a person who obtains a trade secret by any of the following ways through a fraudulent or other unlawful act or a control-violating act, in order to use or disclose it in a manner as described in the preceding item.

(a) obtaining a medium containing a trade secret which was under the control of the holder

(b) reproducing information written or recorded in a medium containing a trade secret which was under the control of the holder

(v) a person to whom a trade secret was disclosed by its holder and, who, for a purpose of unfair competition, uses or discloses it after taking possession of or making a document or data storage medium which contains or records the trade secret, by any of the following ways, through a fraudulent or other unlawful act or a control-violating act, or through an embezzlement or other act of breaching the duty to keep safe custody of the medium containing the trade secret:

(a) taking possession of a medium containing a trade secret which was under the control of the holder

(b) reproducing information written or recorded in a medium containing a trade secret which was under the control of the holder

(vi) a person who is an executive (which means a director, operating officer, partner with unlimited liability who performs a managing role, inspector, statutory auditor or any other person who performs a role equivalent to those of these persons) or an employee of the holder of a trade secret and to whom a trade secret was disclosed by its holder, and, for a purpose of unfair competition, uses or discloses it in breach of the duty to keep safe custody of the trade secret.

(vii) a person who violates any provision of Article 9, Article 10 or Article 11(1). (2) In the case of offences under items (iii) to (vi) of the preceding paragraph, public prosecution

may be made only upon the complaint of the injured person. (3) The provisions of the first paragraph of this Article do not prevent application of the provisions

of the Penal Code (Law No.45 of 1907) or other penalties.

Penal Provisions Article 15.-In the case where a representative, agent or employee of a legal person or a person has

committed, in relation to the business of the legal person or the person, any of the violations described in the first paragraph of the preceding article (excluding violations described in items (iii) to (vi)), in addition to the violator being punished, the legal person shall also be liable for a fine not exceeding \300,000,000 and the person shall be liable for the same fine as that described in the preceding article.


Legislation Supersedes (2 text(s)) Supersedes (2 text(s)) Is superseded by (8 text(s)) Is superseded by (8 text(s))
No data available.

WIPO Lex No. JP055