About Intellectual Property IP Training Respect for IP IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgments IP Resources IP Reports Patent Protection Trademark Protection 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 at WIPO Accountability Patents Trademarks Designs Geographical Indications Copyright Trade Secrets Future of IP 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 Youth Examiners Innovation Ecosystems Economics Finance Intangible Assets Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Frontier Technologies Mobile Applications Sports Tourism Music Fashion 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 World Intangible Investment Highlights 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 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 Build Back Fund 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 Staff Positions Affiliated Personnel Positions Procurement Results & Budget Financial Reporting Oversight
Arabic English Spanish French Russian Chinese
Laws Treaties Judgments Browse By Jurisdiction

Japan

JP104-j

Back

1979(O)145, Minshu Vol.35, No.7, at 1129

Date of Judgment: October 13, 1981

 

Issuing Authority: Supreme Court

 

Level of the Issuing Authority: Final Instance

 

Type of Procedure: Judicial (Civil)

 

Subject Matter: Trademarks

 

Summary of the judgment (decision):

1.  In the case where confusion with the goods of another person, as stipulated in Article 1, paragraph (1), item (i) of the Unfair Competition Prevention Act, is acknowledged as a fact, it should be said, unless there are special circumstances, that said another person constitutes a person whose business interests are likely to be harmed.

2.  The act by a holder of a trademark right of using a mark which is similar to a registered trademark does not fall under the "act which is acknowledged as exercising of a right pursuant to the Trademark Act" as stipulated in Article 6 of the Unfair Competition Prevention Act.

(This translation is provisional and subject to revision.)