WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IJl/~/l/~~/~/l 
11 July 1996 
(96-2709) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
The present document reproduces The Act Concerning the Layout of a Semiconductor Integrated 
Circuitl, as notified by Japan under Article 63.2 of the Agreement (see document IP IN I 1/JPN 11/ Add. 1). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
Le present document contient le texte de la Loi sur les schemas de configuration de circuits 
integresl, notifiee par le Japon au titre de I'article 63:2 de l' Accord (voir le document 
IP/N/1/JPN/1/ Add. 1). 
Consejo de los Aspectos de los Derechos de )lropiedad 
Intelectual relacionados con el Comercio 
NOTIFICACION DE LEYES Y REGLAMENTOS DE CONFORMIDAD 
CON EL pARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
En el presente documento se reproduce el texto de la Ley relativa a los esquemas de trazado 
de los circuitos integrados de semiconductoresl, notificado por el Japon en virtud de 10 dispuesto en 
el parrafo 2 del articulo 63 del Acuerdo (vease el documento IP/N/1/JPN/1/Add.l). 
lIn English only/anglais seulementlingles solamente. IP/N/l IJPN/LI 1 
Page 2 
The Act Concerning the Layout 
of 
a Semiconductor Integrated Circuit 
(Law No. 43, promulgated on May 31, 1985) 
as last revised, November 12, 1993 TABLE OF CONTENTS IP/NIlIJPN/LI 1 
Page 3 
Chapter 1 General Provisions (Articles 1 to 2) 
Chapter 2 Registration for Establishment 
of a Circuit Layout Right (Articles 3 to 9) 
Chapter 3 Circuit Layout Righ~1 etc. 
Part 1 Circuit Layout Right (Articles 10 to 21) 
Part 2 Infringement of Rights (Articles 22 to 26) 
Part 3 Compensation (Article 27) 
Chapter 4 Designated Registration Organ 
(Articles 28 to 46) 
Chapter 5 Miscellaneous Provisions (Articles 47 to 50) 
Chapter 6 Penal Provisions (Articles 51 to 56) 
Supplementary Provisions IP/NI1 IJPN/LIl 
Page 4 
~Article 1. (Purpose) Chapter 1 
General Provisions 
The purpose of this Act is to promote the development of 
semiconductor integrated circ~its by establishing a system for 
ensuring adequate use of the c~rcuit layout of a semiconductor 
integrated circuit, and thereby to contribute to the heal thy 
development of the national economy. 
Article 2. (Definitions) 
1. A nsemiconductor integrated circuit" in this Act shall mean a 
product having transistors or other circuitry elements which are 
inseparably formed on a semi2onductor material or an inSUlating 
material or inside the semiconductor material, and designed to 
perform an electronic circuitry function. 
2. A ncircuit layout" in this Act shall mean a layout of circuitry 
elements and lead wires connecting such elements in a semiconductor 
integrated circuit. 
3. IIUsing" in this Act as used with respect to a circuit layout 
shall mean the following acts: 
( 1) the manuf acture of semiconductor integrated circuits by 
utilizing the circuit layout; 
(2) the transfer, lease , exhibition for the purpose of transferring 
or leasing I or the import of semiconductor integrated circuits 
manufactured by utilizing the circuit layout (indulging goods 
incorporating such ·semiconductor integrated circuits). IP/N/lIJPN/L/l 
Page 5 
Chapter 2 
Registration for Establishment 
of a Circuit Layout Right 
Article 3. (Registration for Establishment of a Circuit Layout 
Right) 
1. The creator of a circuit layput or such person's successor 
(hereinafter referred to as the "creator, etc. ") may obtain 
registration for establishment of a circuit layout right 
(hereinafter refer:r;ed to as IIregistration for establishment") with 
respect to the circuit layout. In such a case, if there are two or 
more creators, etc. of the circuit layout I they shall jointly obtain 
registration for establishment. 
2. A person seeking to obtain registration for establishment shall 
submit an application form containing the following matters to the 
Minister of International Trade and Industry: 
(1) the name or designation, and domicile or place of residence of 
the applicant, and in the case of a juridical person, the: name 
of the representative; 
(2) the date of the application; 
(3) in cases where any act referred to in Article 2 paragraph 3, 
item (2) is performed for business purposes with respect to the 
circuit layout, the date when such act is first performed; 
( 4) the name or designation, and domicile or place of residence of 
the person who has created the circuit layout; 
(5) other matters designated by Hinistry of International Trade and 
Industry Ordinance I in addition to the matters provlded for in 
the preceding items. 
3. Drawing~ describing the applied-for circuit layout or 
photographs showing such circuit layout I documents explaining that 
the applicant is the cre~tor, etc .. , and other materials provided 
for by Ministry of International Trade and Industry Ordinance shall 
be attached to the a'pplication form, provided for by Ministry of IP/N/lIJPN/L/l 
Page 6 
International Trade and Industry Ordinance, referred to in the 
preceding paragraphs. 
Article 4. (Change in the Name or Designation of the Applicant) 
1. The name or designation of the applicant may be changed. 
2 . A change in the name or designation of the applicant shall not, 
except for cases of inheritance or other general succession, be 
effective unless a report is filed with the Minister of 
International Trade and Industry, as provided for by Ministry of 
International Trade and Industry Ordinance. 
3. In cases where a change in the name or designation of the 
applicant takes place due to inheritance or other general succession, 
a report to that effect shall, without delay, be filed with the 
Minister of International Trade and Industry, as provided for by 
Ministry of International Trade and Industry Ordinance. 
Article 5. (Circuit Layout Created in the Course of Employment) 
with respect to a circuit layout ·created in the course of 
employment by a person engaged in the business of a j~ridical person 
or other employer, the creator of the circuit layout shall be deemed 
to be the juridical person or such other employer, unless otherwise 
provided for in contracts, working regulations or other documents 
which are in effect at the time of the creation . 
. XU"ticle 6 . (Use of Circui tLayout Prior to Application) 
Registration for establishment may not be obtained in cases 
where the creator, etc. or a person who has obtained a grant [of 
use right] from the creator, etc. has perfonned an act referred to 
·in Article 2 paragraph 3, item (2) for business purposes with respect 
to the applied-for· circuit layout, two years or more ·prior to the 
date of application. IP/N/l IJPN/LI 1 
Page 7 
Article 7. (Registration for Establishment and Public Notice) 
1. In cases where an application for registration for 
establishment is filed, the Minister of International Trade and 
Industry shall effect registration for establishment, unless the 
Minister dismisses the application under the provisions of 
paragraph 1 of the following Article. 
2. Registration for estAblishment shall be effected by entering 
in the Circuit Layout Ledger the name or designation, the domicile 
or place of residepce of the person obtaining registration for 
establishment, the date of registration for establishment and other 
matters provided for by Ministry of International Trade and Industry 
Ordinance. 
3. In cases where the Minister of International Trade and Industry 
effects registration .for establishment under the provisions of the 
preceding paragraph, the Minister shall give public notice of the 
matters provided for by Ministry of International Trade and Industry 
Ordinance. 
Article 8. (Dismissal of Application for Registration for 
Establishment) 
1. The Minister of International Trade and Industry shall dismiss 
an application for registration for establishment if it is evident 
from the application form, referred to in Article 3 paragraph 2, 
and the drawings and other materials attached thereto that the 
application for registration for establishment falls within any of 
the following items: 
(1) 'where the applicant is not the creator, etc.; 
(2) where there are two or more creators, etc., and they have not 
jointly applied for registration for establishment; 
(3) where the applied-for circuit layout is not eligible for 
registration for establishment under the provisions of Article 
6; IP/N/lIJPN/L/l 
Page 8 
(4) where the application form does not comply with the formal 
requirements, or there are other grounds provided for by Cabinet 
Order. 
2. In cases where the Minister of International Trade and Industry 
dismisses an application according to the provisions of the 
preceding paragraph, the Minister shall, without delay, provide 
notice to that effect to the applicant by giving the reasons 
therefore 
Article 9. (Deletio~ of Registration for Establishment) 
1. The Minister of International Trade and Industry shall delete 
registration for establishment in cases where it becomes evident 
that the application for registration for establishment fell within 
any of items (1) through (4) of paragraph 1 of the preceding Article. 
2. In cases where registration for establishment shall be deleted 
under the provisions of the preceding paragraph, a hearing shall 
be conducted after the holders of record of rights relating to the 
circuit layouts right concerning the registration for establishment 
are provided with a notice within a reasonable period of time prior 
thereto. 
3. The chairman of the hearing as, provided for in the preceding 
paragraph shall permit the holders of record as provided for in the 
preceding paragraph to participate in the hearing in cases where 
he or she demands participation in accordance with the provisions 
of Article 17, paragraph 1 of the Administration Proceedings Act 
(Law No. 88, 1994). 
4. . In cases where the Minister of International Trade and Industry 
has deleted registration for establishment under the provisions of 
paragraph 1, the Minister shall provide notice to that effect to 
the holder of the circuit layout right concerning registration for 
establishment, and shall give public notice thereof. Chapter 3 IP/N/lIJPN/L/f 
Page 9 
Circuit. Layout Right, etc. 
Part 1 
Circuit Layout Right 
Article 10. (Creation and Term of a Circuit Layout Right) 
1. A circuit layout right shall be created upon its registration 
for establishment. 
2. The term of the circuit layout right shall be ten years from 
the date of its registration for establishment. 
Article 11. (Effects of a"Circuit Layout Right) 
The holder of a circuit layout right shall solely have the right 
to use the circuit layout for which registration for establishment 
is obtained (hereinafter referred to as a uregistered circuit 
layout") for business purposes. However, this shall not apply to 
the extent that the sole use grantee solely has the right to use 
the circuit layout, if a sole use right is granted based one the 
circuit layout right. 
Article 12. (Scope of a Circuit Layout Right) 
1. The effect of a circuit layout right shall not extend to the 
use of a circuit layout created by another person. 
2. The effect of a circuit layout right shall not extend to the 
manufacture of a semiconductor integrated circuit which is made by 
utilizing the registered circuit layout for the purpose of analyzing 
'or evaluating the semiconductor integrated circuit. 
3. If the holder of a circuit layout right, or a sole or ordinary 
use grantee, ~ransfers semiconductor integrated circuits IP/NIlIJPN/LI 1 
Page 10 
manufactured by utilizing the regis~.ered circuit layout (including 
goods incorporating such semiconductor integrated circuits) to 
another person, the effect of the circuit layout right shall not 
extend to the transfer, lease, exhibition for the purpose of 
transferring or leasing, or the import of such transferred 
semiconductor integrated circuits. 
Article 13. (Relation to Another's Patented Invention, etc.) 
If the use of a registered circuit layout is the working of 
another's patented invention or registered utility model, the 
holder of the circuit "layout right, or a sole or ordinary use grantee 
may not use the registered circuit layout for business purposes. 
Article 14. (Circuit Layout Right Subject to Co-ownership) 
1. When a circuit layout right is subject to co-ownership, none 
of the co-owners may transfer his or her share or establish a pledge 
on his or her share without the consent of the other co-owners. 
2. Even when a circuit layout right is subject to co-ownership, 
each of the CO-OVlners may, unless otherwise agreed to by contract, 
use the registered circuit layout without the consent of the other 
co-owners. 
3. When a circuit layout right is subject to co-ownership, none 
of the co-owners may grant a sole or ordinary use right to another 
person without the consent of the other co-owners. 
Article 15. (Expiration of a Circuit Layout Right in Cases of 
Dissolution of a Juridical Person, etc.) 
A circuit layout right shall explre in the following cases: 
(1) where a juridical person which is the holder of a circuit layout 
is dissolved and the circuit layout right shall belong to the IP IN I lIJPN ILl 1 
Page 11 
National Treasury under the provisions of Article 72 paragraph 
3 of the civil Code (Law No. 89, 1896) or other similar provision 
of law; 
(2) where an individual who is the holder of a circuit layout right 
dies and the circuit layout right shall belong to the National 
Treasury under the provisions of Article 959 of the civil Code. 
Article 16. (Sole Use Right) 
1. The holder of a circuit layout right may grant a sole use right 
based on the circ~it layout right. 
2. A sole use grantee shall solely have the right to use the circuit 
layout for business purposes within the scope set forth in the 
granting act. 
3. A sol~ use right is transferable only in cases where it is 
transferred along with the business which uses the circuit layout, 
where the approval of the holder of the circuit layout right is 
obtained, or where inheritance or other general succession takes 
place. 
4. A sole grantee may establish a pledge on his or her sole use 
right or grant an ordinary use right to another person only with 
the approval of the holder of the circuit layout right. 
5. The provis"ions of Article 14 shall apply mutatis mutandis to 
a sole use right. 
Article 17. (Ordinary Use Right) 
1 . The holder of a circuit layout right may grant an ordinary use 
right based on the circuit layout right to another person. 
2 . An ordinary use grantee shall have the right to use the circuit 
layout for business purposes within the scope provided for in the lPlNllIJPN/LIl 
Page 12 
granting act. 
3. An ordinary use right is transferable only in cases where it 
is transferred along with the business, which uses the circuit 
layout, where an approval of the holder of the circuit layout right 
(both the holder of the circuit layout right and the sole use grantee, 
in the case where the ordinary use right has been granted under a 
sole use right i and the same shall apply in the following paragraph) 
is obtained, or where inhe:r::itance or· other general succession takes 
place. 
4. An ordinary use grantee may establish a pledge on his or her 
ordinary use right only with the approval of the holder of the 
circuit layout right. 
5. The provisions of Article 14 paragraphs 1 and 2 shall apply 
mutatis mutandis to an ordinary use right. 
Article 18. (Pledge) 
Where a pledge is established on a circuit layout right or a 
sole or ordinary use right, the pledgee may not use the ;cegistered 
circuit layout, unless otherwise agreed to by contract. 
Article 19. 
A pledge which is established on a circuit layout right or a 
sole or ordinary use right may be exercised against the remuneration 
received as counter value for the circuit layout right, or the sole 
or ordinary use right, or against any mo~ey or other object which 
the holder of the circuit layout right or the sole use grantee may 
receive for the use of the circuit layout. However, attachment shall 
be effected before the payment or delivery thereof. IP/NI1/JPN/LI1 
Page 13 
Article 20. (Waiver of the Circuit Layout Right, etc.) 
1. The holder of a circuit layout right may waive his or her circuit 
layout right only with the approval of the sole use grantee, or 
ordinary use grantee and pledgee, if any. 
2. A sole use grantee may waiye his or her sole use right only with 
the approval of the ordinary use grantee and pledgee, if any. 
3. An ordinary use grant~e may waive his or her ordinary use right 
only with the approval of the pledgee, if any 
Ar,ticle 21. (Effect of Registration) 
1. The following matters 'may not be set up against a third party, 
unless they are registered. 
(1) the transfer (excluding such arising from inheritance' or other 
general succession) of a circuit layout right or restriction 
on. its d is po si ti on i 
(2) the grant, transfer (excluding such arising from inheritance 
or other general succession), modification, or expiration 
(excluding such arising from merger, or expiration of a circuit 
layout right) of a sole use right, or restriction on its 
disposition; 
(3) the transfer (excluding such arising from inheritance or other 
general succession), modification, or expiration (excluding 
such arising from merger, or expiration of a circuit layout 
right or sole use right) of an ordinary use right, or restriction 
on its disposition; 
(4) the establishment, transfer (excluding such arising from 
inheritance or other general succession), modification or 
expiration (excluding such arising from merger, or expiration 
of the secured obligation-right) of a pledge having as its 
subject matter a circuit layout right or a sole or ordinary 
use right, or restriction on its disposition. IPINIl/JPN/LIl 
Page 14 
2. When an ordinary use right is registered, it shall be effective 
against a person who has, after such registration, acquired the 
circuit layout right or a sole use right, or a sole use right 
[thereafter] granted on such circuit layout right. 
3. The registration referred to in the preceding two paragraphs 
shall be effected by the Minister of International Trade and 
Industry l?y entering the' registration in the Circuit Layout Ledger. Part 2 
Infringement of Rights IP/NI1/JPN/LI1 
Page 15 
Article 22. (Right to Demand Discontinuance of Infringement) 
1. The holder of a circuit layout right or the sole use grantee 
may demand that a person who is infringing or is likely to infringe 
on the circuit layout right or the sole use right discontinue or 
prevent such infringement. 
2. In cases where the holder of a circuit layout right or the sole 
use grantee makes a demand under the provisions of the preceding 
paragraph, he or she may demand that the semiconductor integrated 
circuits with which the infringement was committed and any other 
objects which were used for the infringement be destroyed, and 
demand other acts necessary for the prevention of infringement. 
Article 23. (Acts Deemed Infringements) 
The production, transfer, lease , exhibition for the purpose of 
transferring or leasing, or the import for business purposes of 
objects which are to be used primarily for the imitation of a 
registered circuit layout shall be deemed an infringement of the 
circuit layout right or sole use right. 
Article 24. (Special Provisions for a Person Acting in Good Faith) 
1. The transfer, lease, exhibition for the purpose of transferring 
or leasing, or the import for business purposes, of semiconductor 
integrated circuits, by a person who, at the time of delivery of 
the semiconductor integrated circuits (including goods 
incorporating the semiconductor integrated circuits) does not know 
and is not at fault for not knowing (hereinafter referred to as 
IIperson acting in good faith ") that such semiconductor integrated 
circuits were manufactured by utilizing a circuit layout imitated 
from a registered circuit layout involving another's circuit layout 11P/~/I/J1?~/~/1 
Page 16 
right or sole use right (hereinafter referred to as uthe fact of 
imitationU), shall not be deemed an iniringement of the circuit 
layout right or sole use right. 
2. In cases where a person acting in good faith transfers, leases, 
exhibits for the purpose of transferring or leasing, or imports 
semiconductor integrated circuits for business purposes after he 
or she has known the fact of imitation, the holder of the circuit 
layout right or the sole us.e grantee may demand of such persons the 
payment of an amount of money which would normally have been received 
for the use of the registered circuit layout. 
3. In cases where a person acting in good faith has paid money to 
the holder of the circuit layout right or the sole use grantee 
according to the provisions of the preceding paragraph, the 
semiconductor integrated circuits shall be deemed to have been 
transferred by such holder of the circuit layout right or sole use 
grantee. 
4. The provisions of Article 26, and civil Code Article 719 
paragraph 1 and Article 724 shall apply mutatis mutandis in cases 
where the right to demand under the provisions of paragraph 2 is 
exercised. 
Article 25. (Presumption, etc. of the Amount of Damage) 
1. In cases where the holder of a circuit layout right or the sole 
use grantee demands of a person who has intentionally or negligently 
infringed on the circuit layout right or the sole use right the 
payment of damages caused by such infringement, and if a profit is 
obtained by such infringing party from the infringement, the amount 
of such profit shall be presumed to be the amount of damage incurred 
by the holder of the circuit layout right or the sole use grantee. 
2. The holder of a circuit layout right or the sole use gra~tee 
may demand of a person who has intentionally or negligently IP/N/I IJPN/LI 1 
Page 17 
infringed on the circuit layout right or the sole use right the 
payment of an amount of money which would normally have been received 
for the use of the registered circuit layout as damages caused by 
the infringement. 
3. The provisions of the preceding paragraph shall not preclude 
a demand for damages exceed~ng the amount provided for in that 
paragraph. In such a case r if there is neither intention nor gross 
negligence on the part of the person who has infringed on the circuit 
layout right or the sole use right, the court may take such facts 
into account in determining the amount of damages. 
Article 26. (Presentation of Documents) 
In any litigation conc~rning infringement of a circuit layout 
right or a sole use rightr the court may I upon the request of a party I 
order the other party to present documents which are necessary for 
the assessment of damage caused by the infringement. However I this 
shall not apply if the possessor of such documents has reasonable 
,grounds for refusing such presentation. IP/NIlIJPN/LI 1 
Page 18 
Article 27. (Compensation) Part 3 
Compensation 
1. In cases where the creator, etc. or a person who has obtained 
a grant (of use right] from the creator, etc. performs any act 
referred to in Article 2 paragraph 3 -'. item (2 ) with respect to the 
circuit layout for business purposes before obtaining registration 
:eor establishment with respect to the circuit layout con.cerned, and 
if, after such act. is performed but before registration for 
establishment with regard to the circuit layout concerned is 
obtained I a person who has knowledge of a circuit layout being the 
imitation of the circuit layout: concerned (hereinafter referred to 
as uthe imitated circuit layoutu in this paragraph and paragraph 
4) uses the imitated circuit. layout for business purposes, he or 
she shall be liable, when registration for establishment with 
respect to the circuit layout concerned is effected, for payment 
to the creator, etc. of compensation equal to an amount of money 
which such person would normally have to pay for the use of such 
registered circuit layout. 
2. The right to demand compensation referred to in the preceding 
paragraph may not be exercised until after the registration for 
establishment with respect to the circuit layout concerned is 
effected. 
3. In cases where registration for establishment is deleted in 
accordance with the provisions of Article 9 after registration for 
establishment has been effected with respect to the circuit layout 
referred to in paragraph I, the right to demand compensation 
referred to in the said paragraph shall be deemed not to have come 
into force from the beginning. 
4. The provisions of Article 23 and the preceding Article, and 
Civil Code Article 719 paragraph 1 and Article 724 shall apply IP 1Nl 1/JPN/LI 1 
Page 19 
mutatis mutandis in cases where the right to demand compensation 
referred to in paragraph 1 is exercised. In such a case, if the holder 
of such right became aware of the use of the circuit layout or the 
user of the circuit layout before registration for establishment 
with respect to the circuit layout concerned, "the time when the 
injured party or such party I s legal representative became aware of 
such damage and of the identity of the tortfeasor" in the provisions 
of Article 724 of the Civil Code shall be read as J/the time of 
registration for establishment with respect to the circuit layout 
concerned". IP/N/lIJPN/L/l 
Page 20 
Chapter 4 
Designated Registration Organ 
Article 28. (Designation of registration Organ) 
1. The Minister of International Trade and Industry may have a 
person, designated by the Minister (hereinafter referred to as the 
"designated registration organ"), perform the whole or a part of 
registration for establishment [business], registration 
[business] referred to in Article 21 paragraphs 1 and 2, and business 
carried out upon dem~nd as provided for in Article 48 paragraph 2 
(hereinafter referred to as the "registration business"), as 
provided for by Ministry of International Trade and Industry 
Ordinance. 
2. The designation referred to in the preceding paragraph shall 
be made as provided for by Ministry of International Trade and 
Industry Ordinance upon application of a person seeking to perform 
registration business. 
3 . When the designation referred to in paragraph 1 is made by the 
Minister of International Trade and Industry, the Minister shall 
no longer perform the registrati.on business which is to be performed 
by the designated registration organ. 
4. When the provisions of Article 3 paragraph 2, Article 4 
paragraphs 2 and 3, Article 7 paragraphs 1 and ·3, Article 8, Article 
9, Art~cle 21 paragraph 3 and Article 48 paragraph 2, are applied 
in cases where the designated registration organ performs the 
registration business, lithe Minister of International Trade and 
Industry" in these provisions (excluding Article 48 paragraph 2) 
shall be read as "the designated registration organ" I and IIrequest 
the Minister of International Trade and Industry" in Article 48 
paragraph 2 shall be read as "request the designated registration 
organll Article 29. (Disqualification) IP IN 11 IJPN ILl 1 
Page 21 
A person who falls within any of the following items may not 
obtain the designation referred to in paragraph 1 of the preceding 
Article: 
(1) a person who has been sentenced to a fine or severer punishment 
on charges of violating th-is Act or an order issued in accordance 
with this Act, and two years h.aye not passed since the date of 
fulfilling his or her sentence or the date when he or she was 
excused from fulfilling his or her sentence; 
(2) where the desiQnation has been annulled in accordance with the 
provisions of Article 41 and two years have not passed since 
the date of annulment; 
(3) where an officer performing the business falls within either 
of the following: 
(i) when he or she falls within the provisions of item (1); 
or 
(ii) when he or she was dismissed by an order issued in accordance 
with the provisions of Article 37 and two years have not 
passed since the data of the dismissal. 
Article 30. (Standards for Designation) 
Designation shall not be made unless the Minister of Intentional 
Trade and Industry acknowledges that the application for 
designation referred to in Article 28 paragraph 1 complies with the 
following items: 
(1) persons who have knowledge and experience, meeting the 
requirements provided for by Ministry of International Trade 
and Industry Ordinance are to perform the registration business I 
and the number thereof is equal to or more than that provided 
for by Ministry of International Trade and Industry Ordinance; 
(2) a sufficient financial base and technical capacity to properly 
perform the registration business exists; 
(3) the applicant is a juridical person established under the 
provisions of civil Code Article 34, and the composition, of IP/N/lIJPN/L/l 
Page 22 
officers and staff members thereof is not likely to harm fair 
performance of the registration business; 
(4) in cases where business other than the registration business 
has already been performed, the performance of such business 
shall not lead to unfair performance of the registration 
business; 
(S) the designation does not hinder the proper and smooth 
performance of the registration business. 
Article 31. (Duty to Effect Registration" for Establishment, etc.) . 
1. In cases where registration for establishment or the 
registration referred to in Article 21 paragraph 1 and 2 is applied 
for, the designated registration organ shall, without delay, 
perform the registration business, unless there are reasonable 
grounds [for not doing so). 
2. In cases where the designated registration organ performs the 
registration business, it shall have a person, provided for in item 
1 of the preceding Article (hereinafter referred to as the 
"performer of the registration business"), perform such business. 
Article 32. (Change of Office) 
In cases where the designated registration organ changes the 
location of its office which performs the registration business, 
it shall file a report with the Minister of International Trade and 
Industry at least two weeks prior to such change of location. 
Article 33. (Registration Business Rules) 
1. The designated registration organ shall establish rules 
relating to the registration business (hereinafter referred to as 
the Jlregistration business rules") and shall obtain th~ approval 
of the Minister of International Trade and Industry. The same shall 
apply in "the case of amendment of the registration business rules. IP/N/lIJPN/L/l 
Page 23 
2. The matters to be established in the registration business rules 
shall be provided for by Ministry of International Trade and 
Industry Ordinance. 
3 . In cases where the Minister of ;I:nternational Trade and Industry 
acknowledges that the approved registration business rules referred 
to in paragraph 1 have become inadequate for the fair performance 
of registration business, the Minister may order the·designated 
registration organ to amend the registration business rules. 
Article 34. (Suspension and Abolishment of the Registration 
Business) 
The designated registration organ may not suspend or abolish 
the whole or a part of the registration business without the 
permission of the Minister of International Trade and Industry. 
Article 35. (Business Plans, etc.) 
1. The designated registration organ shall, before the 
commencement of each business year (with respect to a business year 
in which the designation referred to in Article 28 paragraph 1 is 
made, without delay after such designation) establish a business 
plan and a revenue and expendit~re budget for the business year, 
and shall obtain the approval of the Minister of Ir:ternational Trade 
and Industry. The same shall apply in the case of modification. 
2. The designated registration organ shall, within three months 
after the clos-e of each business year, draft a business report and 
a report on the settlement of accounts. for the business year, and 
submit them to the Minister of International Trade and Industry. 
Article 36. (Election and Dismissal of Officers, etc.) 
The election. ~nd dismissal of officers or performers of the 
registration business of the designated registration organ shall IP/N/lIJPN/L/l 
Page 24 
not be effective without the approval of the Minister of 
International Trade and Industry. 
Article 37. (Order of Dismissal of Officers, etc.) 
In cases where an officer or performer of the registration 
business of the designated registration organ violates this Act, 
an order issued in accordance with this Act or the registration 
business rules, or performs an act which is deemed considerably 
inadequate for the registratio~ business, the Minister of 
International Trad~ and Industry may order the designated 
registration organ to dismiss such officer or performer of the 
registration business. 
Article 38. (Duty to Maintain Secrets, etc.) 
1. A person who is or was an officer or a staff member of the 
designated registration organ shall not leak any secret which he 
or she has obtained in connection with the registration business. 
2. The officer or staff member of the designated registration organ 
engaged in the registration business shall be deemed to be an officer 
engaged in public service under law, so far as the application of 
the penal provisions of the Criminal Code (Law No. 45, 1907) and 
the other laws are concerned. 
Article 39. (Reports and Spot Inspections). 
1. So far as it is necessary for the enforcement of the provisions 
of this Act, the Minister of International Trade and Industry may 
demand a'report on the business and financial condition of the 
designated registra~ion organ, or the Hinister may authorize other 
public officials to enter offices of the designated registration 
organ and examine its business conditions, books, documents and 
other objects, and to question pertinent persons. IP/N/lIJPN/LIl 
Page 25 
2. If the public officials are to enter offices in accordance with 
the provisions of the preceding paragraph, they shall carry a 
certificate of identification and shall present it to pertinent 
persons. 
3. The authority provided fo"r in paragraph 1 shall not be regarded 
as granted for the purpose of criminal inspections. 
Article 40. (Adjustment Orders, etc.) 
1. In cases where t~e Hinister of International Trade and Industry 
acknowledges that the designated ~egistration organ no longer 
complies with the requirements provided for in items (1) through 
(4) of Article 3D, the. Minister may order the designated 
registration organ to take the measures necessary for complying with 
such requirements. 
2 . In addition to the order referred to in the proceeding paragraph, 
the Minister of International Trade and Industry may, if the 
Minister acknowledges it as necessary for the enforcement of this 
Act, issue to the designated registration organ other orders 
necessary for the supervision of the registration business. 
Article 41. (Annulment of Designation, etc.) 
In cases where the designated registration organ falls within 
any of the following i terns, the Minister of International Trade and 
Industry may annul the designation, or order suspension of the whole 
or a part of the registration business by fixing a special period 
of time: 
(1) where the designated registration organ violates the provisions 
of this Chapterj 
(2) where the designated registration organ fall~ within item (1) 
or (3) of· Article 29 i 
(3)where the designated registration organ performs the 
registration business not in accordance with the registration IP/N/lIJPN/L/l 
Page 26 
business rules which have been given the approval referred to 
in Article p3 paragraph 1; 
(4) where the designated registration organ violates an order issued 
in accordance with the provisions of Article 33 para~raph 3, 
Article 37 or the preceding Article; 
(S) where the d~signation has been obtained in an unfair manner. 
Article 42. (Entries in Books) 
1. The designated registration organ shall keep books and shall. 
enter into the books. matters relating to the registration business 
provided for by Ministry of International Trade and Industry 
Ordinance. 
2. The books referred to in the preceding paragraph shall be 
maintained as provided for by Ministry of International Trade and 
Industry Ordinance. 
Article 43. (Special Provisions for Hearing Concerning Disposition 
to be Rendered Against the Designated Registration Organ) 
1 . The proceedings which are to be held on the date of the hearing 
concerning the dispositions to be rendered under the provisions of 
Article 37 or Article 41 shall be open to the public. 
2. The chairman of the hearing as provided for in the preceding 
paragraph shall permit the partles having interest in such 
dispositions to participate in the proceedings in cases where such 
parties demands participation in accordance with the provisions of 
Article 17, paragraph 1 of the Administration Proceedings Act (Law 
No. 88, 1994). 
Article 44. (Complain Against a Disposition, etc. of the 
Designated Registration Organ) 
Anyone who has a complain with regard to a disposition, or IP/N/lIJPN/L/l 
Page 27 
failure to act, concerning the registration business which the 
designated registration organ performs, may file a motion under the 
Administrative Complaints Inquiries Act (Law No. 160, 1962) with 
the Minister of International Trade and Industry. 
Article 45. (Enforcement, etc. of the Registration Business by the 
Minister of International Trade and Industry) 
1. In cases where the designated registration organ·has suspended 
the whole or a part of its registration business by obtaining the 
permission referreq to in Article 34, or where the Minister of 
International Trade and Industry has ordered the designated 
registration organ to suspeIfd the whole or a part of its registration 
business in accordance with the provisions of Article 41, or where· 
it has become difficult for the designated registration organ to 
perform the whole or a part of its registration business due to a 
disaster or other event, the Minister of International Trade and 
Industry shall, when it acknowledges as necessary I perform the whole 
or a part of such registration business. 
2. The succession of the registration business and other matters 
necessary, in cases where the Minister of International Trade and 
Industry performs the whole or a part of the registration business 
in accordance with the provis ions of the preceding paragraph, where 
the designated registration organ abolishes the whole or a part of 
its registration business by obtaining the permission referred to 
in Article 34, or where the Minister of International Trade and 
Industry annuls the designation of the designated registration 
organ under the provisions of Article 41, shall be provided for by 
Ministry of International Trade and Industry Ordinance. 
Article 46. (Public Notice) 
In any of the following cases, the Minister to International 
Trade and Industry shall provide public notice thereof in the 
Official Gazette: IP IN I lIJPN ILl 1 
Page 28 
(1) where a designation under Article 28 paragraph 1 is made; 
(2) where there is a filling of· a report in accordance with the 
provisions of Articles 32; 
(3) where an approval under Article 34 is given; 
(4) where a designation is annulled or a suspen~ion of the whole 
or a part of the registration business is ordered in accordance 
with the provisions of Article 41; 
(5) where the Minister of International Trade and Industry decides 
to perform, by himself or herself, the whole or a part of the 
registration business under the provision~ of paragraph 1 of. 
the preceding Article, or decides to stop performing the whole 
or a part of the registration business which the Minister has 
been performing by himselfor.herself. IP/N/lIJPN/LIl 
Page 29 
Chapter 5 
Miscellaneous Provisions 
Article 47. (Forum of Non-resident) 
with respect to a circuit layout right and other rights 
concerning a circuit layout right held by a person who does not have 
a domicile or"a place of residence ( a place of business, in case 
of a juridical person) in Japan, the location of the Ministry of 
International Trade and Industry shall be deemed the location of 
the property as provided for under Article 8 of the Code of civil 
Procedure (Law No. 29, 1890). 
Article 48. (Circuit Layout Ledger, etc.) 
1. The whole or a p"art of the Circuit Layout Ledger may be arrang"eci 
and produced on magnetic tapes (including other devices which are 
capable of recording specific information in a secured manner, using 
a similar method; the same shall apply hereinafter). 
2. Anyone may demand of the Minister of International Trade and 
Industry the delivery of a copy or an extract of the Circuit Layout 
Ledger, or documents describing matters contained in the portion 
of the Circuit Layout Ledger which has been arranged and produced 
on magnetic tapes, or the perusal or copying of the application form 
referred to in Article 3 paragraph 2 or drawings and other materials 
attached thereto (excluding those which the Minister of 
International Trade and Industry acknowledges as necessary to 
maintain secrets). 
Article 49. (Fees, etc.) 
1. Any of the following persons shall pay to the State ( or in cases 
where the designated registration organ performs the registration 
business, to such. designated registration organ) , "a fee determined 
by Cabin~t Order in light of the actual expenses: IP/N/I/JPN/L/l 
Page 30 
(1) persons seeking to obtain registration for establishment; 
(2) persons seeking to obtain the registration referred to in 
Article 21 paragraph 1 or 2; 
(3) persons demanding delivery of a copy or an extract of the Circuit 
Layout Ledger, or delivery of documents describing matters 
contained in the portion of the Circuit Layout Ledger which 
has been arranged and produced on magnetic tapes, in accordance 
with the provisions of paragraph 2 of the preceding Article; 
(4) persons demanding perusal or copying of the Circuit Layout 
Ledger, or drawings and other materials attached to the 
application form, under the provisions of paragraph 2 of the 
preceding Article. 
2. The provisions of the 'preceding paragraph ( limited to the 
portions referring to the persons specified in items (1) and (2)) 
shall not apply in cases where the Minister of International Trade 
and Industry effects registration for establishment, or the 
registration referred to in Article 21 paragraph 1 or 2. 
3. The provisions of paragraph 1 shall not apply in cases where 
the fee is to be paid by the state. 
4. Registration fees paid to the designated registration organ 
under the provisions of paragraph 1 shall be the income of the 
designated registration organ. 
Article 50. 
In addition to the matters provided for in this Act, matters 
necessary 'for registration for establishment and the registration 
referred to in Article 21 paragraphs 1 and 2 shall be provided for 
by Cabinet Order. Article 51. Chapter 6 
Penal Provisions IP/N/lIJPN/L/1 
Page 31 
1. Any person who infringes on a circuit layout right or a sole 
use right shall be punished with penal servitude not exceeding three 
years or a fine not exceeding one. million yen. 
2. The crime referred to in the preceding paragraph shall be 
prosecuted upon co~plaint. 
Article 52. 
Any person who has obtained registration for establishment by 
fraud shall be punished with penal servitude not exceeding one year 
or a fine not exceeding three hundred thousand yen~ 
Article 53. 
Any person who violates the provisions of Article 38 paragraph 
1 shall be punished with penal servitude not exceeding one year or 
a fine not exceeding three hundred thousand yen. 
Article 54. 
In cases where an order of suspension of the registration 
business under the provisior:s of Article 41 is violated I the officer 
or. staff member of the designated registration organ who committed 
the act of violation shall be punished with penal servitude not 
exceeding one year or a fine not exceeding three hundred thousand 
yen. 
Article 55. 
If any of the following items occurs I the officer or staff member IP/N/lIJPN/L/l 
Page 32 
of the designated registration organ who committed the act of 
violation shall·be punished with a fine not exceeding two hundred 
thousand yen: 
(1) where the whole of the registration business is abolished 
without obtaining the permission referred to in Article 34; 
(2) where a report under the provisions of Article 39 paragraph 1 
is not filed or a false report is filed, or where the inspection 
under the provision of the said paragraph is refused, hindered 
or avoided, or where' a statement answering the questions 
presented in accordance with the said paragraph is not rendered 
or a false stat~ment is rendered; 
(3) where books are not kept or entries are not made in the books, 
or false entries are made in.the books, in violation of the 
provisions of Article 42 paragraph I, or where the books are 
not maintained in violation of the provisions of paragraph 2 
of the said Article. 
Article 56. 
In cases where a representative of a juridical person, , an agent 
representing a juridical person or an individual, or an employee 
or any other working staff member thereof commits an act referred 
to in Article 51 paragraph I, or Article 52 in connection with the 
business of such juridical person or individual, the juridical 
person or the individual shall, in addition to the punishment of 
the violator, be subject to a fine as provided for in each 
corresponding provision. IP/NIlIJPN/LI1 
Page 33 
Supplementary Provisions 
Article 1. (Enforcement Date) 
This Act shall come into force on the date designated by Cabinet 
order [January I, 1986], which shall be within one year after the 
date of promulgation [Nay 31, -1985]. Provided that, the provisions 
of Articles 28 through 30 t Articles 32, 33, 35 and 36, Articles 38 
through 43, Articles 46 and 53 I and Article 55 (excluding item (I) ) 
shall come into force on the date d~signated by Cabinet orde~ 
[November 29, 1985 J.' which shall be within six months after the date 
of promulgation. 
Article 2. (Transitional· Heasures) 
The provisions of Article 6 shall not apply to registration for 
establishment, if within six months after the date of enforcement 
of this Act an application for registration for establishment 1S 
filed with respect to a circuit layout, and if any act referred to 
in Article 2 paragraph 3 , item (2) was first performed with respect 
to the circuit layout for business purposes within two years before 
the date of enforcement of this Act. 
Article 3. 
The effect of a circuit layout right shall not extend to the 
transfer, lease, exhibition for the purpose of transferring and 
leasing, or the import of semiconductor integrated circuits 
(including goods incorporating the semiconductor integrated 
circuits; the same shall apply in the following Article) existing 
at the enforcement of this Act I within two years after the 
enforcement of this Act. 
Article 4. 
The provisions of Article 27 paragraph 1 shall not apply to the IP/NIlIJPN/LI 1 
Page 34 
use of a circuit layout made before the enforcement of this Act, 
nor shall these provisions apply to the transfer, lease I exhibition 
for the purpose of transferring or leasing, or the import of 
semiconductor integrated circuits existing at the enforcement of 
this Act, within two years before the enforcement of this Act. 
Article 5. (Amendment to the Bankruptcy Act) 
(Translation omitted) 
Article 6. (Amendment to the Inheritance Tax Act) 
(Translation omitted) 
Article 7. (Amendment to the Stamp Tax Act) 
(Translation omitted) 
Article 8. (Amendment to the Registration and License Tax Act) 
The registration and License Tax Act (Law No. 35, 1967) shall 
partially be amended as follows:" 
"circuit layout right" shall be added after "trademark right" in 
the provisions of Article 11 paragraph 1 of the said Act. 
The following i tern shall be added after item 14 of the Attached 
Table No. 1 of the said Act. 
ITEM 14-2 Registration of a Circuit Layout Right 
(Including Registration of a Circuit Layout Right Trust) 
(1) Registration for establishment 
of a circuit layout right 
(2) Registration of transfer of 
a circuit layout right 
(a) Registration of transfer 
grounded on inheritance 
or· merger of a juridical 18,000 yen 
per 
case 
3,000 yen 
per 
case person 
(b) Registration of transfer 
on other grounds 
(3) Registration of a grant of a 
sole or ordinary use right 
(4) Registration of establishment 
of a pledge, the subject matter 
of which is a circuit layout 
right, or sole or ordinary use 
right or registration of 
restriction on the disposition 
of a circuit layout right, or 
sole or ordinary use right, 
or the pledge 
(5) Regi~tration of transfer of 
a sole or ordinary use right, 
or transfer of a pledge, the 
subject matter of which is 
such use right or a circuit 
layout right 
(a) Registration of transfer 
grounded on inheritance or 
merger of a juridical person 
(b) Registration of transfer 
on other grounds 
(6) Registration of trust IP/N/lIJPN/LIl 
Page 35" 
9,000 yen 
per 
case 
9,000 yen 
per 
case 
4/1000 of the 
amount of the 
obligation­
right 
1,500 yen 
per 
case 
3,000 yen 
per 
case 
3,000 yen 
per 
case IP/N/I/JPN/L/l 
Page 36 
(7) Accessory registration, 
provisional registration, regist­
ration of restoration of a deleted 
registration, or registration of 
rectification or alteration of a 
registration (excluding one which 
falls wi~hin any of the types of 
registration referred to in (1). 
through (6)) 
(8) Deletion of regi~tration 1,000 yen 
per 
case 
1,000 yen 
per 
case 
Article 9. (Amendment to the Ministry of International Trade and 
Industry Establishment Act) 
(Translation omitted)