WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/JPN/I/4 
24 November 2004 
 (04-5113) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
  
MAIN DEDICATED INTELLECT UAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
 
JAPAN 
  
 The present document reproduces the updated text
1 of the Unfair Competition Prevention Law 
(Law No. 47 of 19 May 1993, as last amended by Law No. 46 of 23 May 2003 (which entered into force on January 1, 2004)), as notified by Japan under Article 63.2 of the Agreement by means of a communication from its Delegation dated 18 November 2004. 
 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
JAPON 
   Le présent document contient le texte
1 mis à jour de la Loi pour la prévention de la concurrence 
déloyale (Loi n° 47 du 19 mai 1993, modifiée en dernier lieu par la Loi n° 46 du 23 mai 2003 (entrée en 
vigueur le 1er janvier 2004)), notifiée par le Japon au titre de l'article 63:2 de l'Accord au moyen d'une 
communication de sa délégation datée du 18 novembre 2004. 
 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
JAPÓN 
 
  En el presente documento se reproduce el texto actualizado
1 de la Ley de Prevención de la 
Competencia Desleal (Ley Nº 47, de 19 de mayo de 19 93, modificada la última vez por la Ley Nº 46 de 
23 de mayo de 2003 (en vigor desde el 1º de enero de 2004)), que el Japón ha notificado en virtud del 
párrafo 2 del artículo 63 del Acuerdo mediante una comunicación de su delegación de fecha 18 de noviembre de 2004.
 
                                                      
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/JPN/I/4 
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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 dama ges 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 th is Law shall mean any of the following acts: 
     (i)  the act of causing confusion with anothe r 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 we ll-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 communicati on 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 communicati on 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 (e xcluding 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 ac t 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 whil e 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 s ecret after becoming aware, s ubsequent to its acquisition, 
that such trade secret has been acquired through im proper acquisition or, throug h gross negligence, not 
becoming aware of such matter; 
      (vii)  the act of using or disclosing a trad e secret which has been disclosed by the business entity 
holding it (hereinafter referred to as the “holder” ), for the purpose of unfai r business competition or 
otherwise acquiring an unfair profit, or for th e 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 disclosi ng a trade secret in breach of a lega l duty to maintain secrecy) or that 
such trade secret has been acquired through improper di sclosure; or the act of using or disclosing a trade 
secret so acquired;  IP/N/1/JPN/I/4 
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      (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 disclo sure, or not being aware of such  matter through gross negligence; 
      (x)  the act of assigning, delivering, displa ying for the purpose of assignment or delivery, exporting 
or importing (a) devices (including m achines combined with such devi ces) 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 restri cted by technological restrict ion measures used by business 
(excluding technological re striction measures used to restrict all but spec ific persons from viewing 
images, listening to sounds or running programs, or recording images, sounds or programs) by 
obstructing the effect of such technol ogical restriction measures, or (b ) data storage media or machines 
on which programs have been recorded (including pr ograms combined with such programs) having only 
such function; or the act of providing program s having only such function through an electronic 
communication line;       (xi)  the act of assigning, delivering, disp laying 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 en abling the viewing of imag es, 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 al l but specific persons from viewing images, listening 
to sounds or running programs, or recording images, sounds or progra ms by obstructing the effect of 
such technological restriction meas ures, or (b) data storage media or  machines on which programs have 
been recorded (including programs combined with su ch programs) having only such function; or the act 
of providing programs having onl y such function through an electronic communication line; 
    (xii) the act of acquiring or hol ding a right to use a domain name whic h is identical with, or similar to, 
another party’s specific indication of goods or othe r 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 resp ect to services, or in an advertisement thereof or in 
a document or correspondence used for a transaction re lated thereto, in a manne r which is likely to be 
misleading with respect to the plac e 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 assignme nt or delivery, exporti ng, importing or providing 
through an electronic communication line, goods with such an indica tion or providing services with 
such an indication; 
     (xiv)  the act of making or circulating a false allegation injurious to the bus iness 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 coun try of the World Trade Organization or in a 
contracting party to the Trademark Law Treaty, wi thout 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 assignme nt or delivery, exporting or importing or providing 
through an electronic communication li ne, goods using such trademark, id entical or similar to the goods 
relating to such right; or providing services using su ch 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. IP/N/1/JPN/I/4 
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    (4) The term “trade secret” used in this Law sh all 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” us ed in this law shall mean measures which restrict 
viewing images, listening to sounds  or running programs, or record ing 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 specif ic effects on machines for such purposes as viewing and listening 
(which means, hereinafter,  machines used for viewing images, li stening to sounds or running programs, 
or recording images, sounds or programs), or a system of recording on data storage media or 
transmitting transformed images, s ounds or programs which need specif ic transformation by machines 
for such purposes as viewing or listening. 
   (6) The term “program” used in this Law shall m ean combined instructions given to a computer so as 
to obtain a certain result. 
   (7) The term “domain name” used in this Law shal l mean letters, numbers, signs or other codes or any 
combination thereof that correspond to numbers, si gns, 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 infrin ged 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, th e destruction of articles 
which constitute an act of infringement (including ar ticles 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 whic h arise from use of a trade secret after the rights 
described in Article 8, herein, are extinguis hed 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) (regard ing the unfair competition referred to in subparagraphs 
(iv) to (ix), however, only unfair competition that in volves 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 compen sation for damage caused by such an infringement 
against a person who intentionally or negligently ha s 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 am ount attainable by the infringed person’s sales 
capability or other commercial capability.  Where ther e is any circumstance that prevents the infringed 
person from selling all or part of the assigned articles, however, a su m corresponding to the number of 
assigned articles that the infringed pers on could not sell shall be deducted.  IP/N/1/JPN/I/4 
 Page 5 
 
 
    (2) Where a person whose business interests ha ve 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 rece ived profits through such act of infringement, such 
amount of profits shall be presumed to be the am ount of damages caused to the person whose business 
interests were infringed.    (3) A person whose business interests are infri nged by unfair competition in any of the manners 
described in Article 2 (1) items (i) to (ix), (xii) a nd (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 descri bed 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 othe r 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 sh all not prevent a claim to compensate for damages 
exceeding the amount indicated in the paragraph. In su ch a case, the court may take into consideration, 
in determining the amount of compensation for damage s, the fact that a person who infringed such 
business interests did not do so intent ionally 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 a llegedly 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 spec ific process, specifically clarify in what manner 
his relevant act was done; provided however, that th is does not apply in the case where the adversary 
party has a justifiable reason that preven ts 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 am ount of damages caused by such infringement.  However, this 
provision shall not apply when the person holding su ch a document has a legi timate reason for refusing 
to submit it. 
   (2) Where deemed necessary to decide whether ther e 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 thr ough an act of unfair competition. 
 IP/N/1/JPN/I/4 
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   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 necess ary for the expert opinion to be given. 
 
  Award of reasonable damages 
  Article 6ter －Where, in a litigation relating to the infri ngement of business interests by unfair 
competition, it is found by the court that some dama ge 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 th e 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 re putation of another person, upon the request of the 
person whose business reputation has b een so injured, to take measures necessary for the recovery of 
the business reputation of that pe rson in lieu of compensation for damages or in addition thereto. 
   Negative Prescription 
  Article 8. －The right to request an injunction, by the provi sions 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 wh o 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 ac t. 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 st ate or other emblem (hereinafter, such identical or 
similar mark is referred to as a “mark similar to a flag of a foreig n state or other emblem”), or shall 
assign, deliver, display for the purpose of assignment  or delivery, export, im port 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 appl y 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, administra tive 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 th e preceding paragraph, no person shall use, in a manner 
which is likely to mislead with re spect to the place of origin of goods , an armorial bearing of a foreign 
state which is prescribed by the ordinance of the Mi nistry of Economy, Trade a nd 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 stat e 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 hall mark or a sign of a foreign state or regional public 
entity, indicating control or warranty, which is prescr ibed by an ordinance of the Ministry of Economy,  IP/N/1/JPN/I/4 
 Page 7 
 
 
 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 simi lar 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 provi de 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 provi sion shall not apply when pe rmission 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 ordinan ce of the Ministry of 
Economy, Trade and Industry), a mark identical or similar to a mark representing an international 
organization which mark is prescrib ed by an ordinance of the Ministry of Economy, Trade and Industry 
(hereinafter, such identical or similar mark is refe rred to as a “similar mark of an international 
organization”), as a trademark, or shall assign, deliver, displa y for the purpose of assignment or 
delivery, export, import or provide through an el ectronic 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 sh all 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 refr ain 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 se rvices for national or local foreign governments 
      (ii) Any person who enga ges in services for an entity c onstituted 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 (i ncluding 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 internationa l 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 orga nization and is delegated 
by them. 
 IP/N/1/JPN/I/4 
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   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 appl icable 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 nor mally-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 id entical or similar goods or bu siness (hereinafter such a 
common name or commonly-used indication are together referr ed to as “common name”); 
or the act of assigning or delivering, displayi ng for the purpose of assignment or delivery, 
exporting , importing or providing through an el ectronic 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 desc ribed 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 be nefit, a purpose to cause injury to another 
person or any other unfair purpose); or the ac t of assigning, delivering, displaying for the 
purpose of assignment or delivery, exporting, importing or providing through an electronic 
communication line, goods using, for no unf air 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 indi cation of goods or othe r indication which is 
well-known, if such person had used such i ndication before it b ecame 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 indi cation of goods or other indication which is 
famous, if such person had used such indicati on before it became famous or was successor 
to a business related to such indication; or th e act of assigning, delivering, displaying for 
the purpose of assignment or delivery, exporting, importing or providing through an 
electronic communication line, goods which us e such indication for no unfair purpose; 
     (v)  unfair competition as described in Article 2 (1) (iii): 
  the act of a person assigning, leasing, disp laying for the purpose of assignment or lease, 
exporting or importing goods whic h the person has obtained by assignment, and which, as 
described in item (iii ), imitate the configuration of an other 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 de scribed in Article 2 (1) (iv) to (ix): 
  the act of a person using or disclosing a trad e 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 disclosu re or improper acqu isition and was not 
unaware of such matter through gross negligence). 
    IP/N/1/JPN/I/4 
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    (vii)  unfair competition as described in Article 2 (1) (x) and (xi): 
  the act of assigning, delivering, displayi ng for the purpose of assignment or delivery, 
exporting or importing devices, or data storage media or machines onto which programs 
have been recorded as describe d in Article 2 (1) (x) and (xi), or the act of providing such 
programs through an electric comm unication line, for the purpose of testing or research of 
technological restriction measures. 
   (2) A person whose business in terests are infringed or likely to be infringed through one of the acts 
described in item (i i) or (iii) of the preceding paragraph ma y request a person who is described in the 
following items, in accordance with the type of unfai r 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 na me (including a person who personally assigns, 
delivers, displays for the purpose of assignmen t or delivery, exports , imports or provides 
through an electronic communi cation 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 ot her 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 de livery, exports, imports or provides through an 
electronic communication line, good s 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 meas ures (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 describe d in the preceding item) w ho indicates a falsehood 
on goods, with respect to services, in an advertisement thereof, or  in a document or correspondence 
used for a transaction thereof, whic h is likely to mislead with respec t to the place of origin, quality, 
contents, manufacturing process, use or quantity of su ch goods, or the quality, contents, use or quantity 
of such services; 
     (iii) a person who, for a purpose of unfai r competition, uses or di scloses 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 mean s 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 unaut horized computer access (this refers to an act of 
unauthorized computer access defi ned by Article 3 of the Unauthori zed Computer Access Law (Law 
No. 128 of 1999)), or other act that violates the cont rol 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 orde r to use or disclose it in a manner as described in 
the preceding item. 
          (a) obtaining a medium containi ng a trade secret which was under the control of 
the holder   IP/N/1/JPN/I/4 
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          (b) reproducing information writt en 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 secr et, 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 wr itten 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, insp ector, 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 k eep safe custody of the trade secret. 
     (vii)  a person who violates any provi sion of Article 9, Arti cle 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 th is 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 (excludi ng 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 liab le for the same fine as that de scribed in the preceding article. 
 
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