WORLD TRADE  
ORGANIZATION  IP/N/1/JPN/3 
3 September 2004  
 
(04-3669) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
JAPAN 
 
 
 The following communication, dated 11 August 2004,  is being circulated at the request of the 
Delegation of Japan. 
_______________ 
  
 The Government of Japan, in accordance w ith Article 63.2 of the Agreement on Trade-
Related Aspects of Intellectual Property Rights, not ifies below the updated texts of Japanese laws as 
listed below.  The English versions, which are prov isional translations, are available for the "main 
dedicated intellectual property laws and regulations".   Only relevant articles (in Japanese only) are 
extracted for "other laws and regulations". 
 
- Main dedicated intellectual property laws and regulations (both in E nglish and Japanese) (see 
Annex I below): 
  - Copyright Law 
  
 - Trademark Law   - Design Law   - Patent Law 
 
- Other laws and regulations (in Japanese only) (see Annex  II below):   - Regulation under the Trademark Law (related articles only)   
 - Regulation under the Design Law (related articles only) 
  - Regulation under the Patent Law (related articles only)   - Law Concerning the Cost of Civil Procedure (related articles only) 
 
 - Rule of Criminal Procedure (related articles only)   - Civil Code (related articles only)   - State Redress Law (related articles only) 
 
 - Code of Civil Procedure (related articles only)  IP/N/1/JPN/3 
Page 2  
 
 - Code of Civil Preservative Procedure (related articles only)   - Administrative Litigation Act (related articles only)   - Penal Code (related articles only) 
 
 - Code of Criminal Procedure (related articles only)  IP/N/1/JPN/3 
 Page 3 
 
 
ANNEX I  
 
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS  
 
  - Copyright Law
  
  Law No. 48 of 6 May 1970, as last amended by Law No. 85 of 18 June 2003 
(entry into force:  1 January 2004).1 
  - Trademark Law
  
  Law No. 127 of 13 April 1959, as last  amended by Law No. 47 of 23 May 2003 
(entry into force:  1 January 2004).2 
  - Design Law
  
  Law No. 125 of 13 April 1959, as last  amended by Law No. 47 of 23 May 2003 
(entry into force:  1 January 2004).3 
  - Patent Law
  
  Law No. 121 of 13 April 1959, as last  amended by Law No. 47 of 23 May 2003 
(entry into force:  1 January 2004).4 
 
                                                      
1 See document IP/N/1/JPN/C/4. 
2 See document IP/N/1/JPN/T/3. 
3 See document IP/N/1/JPN/D/3. 
4 See document IP/N/1/JPN/P/4. IP/N/1/JPN/3 
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ANNEX II
 
 
OTHER LAWS AND REGULATIONS  
 
 
 
TITLE 
DATE OF ADOPTION AND ENTRY  
INTO FORCE 
  
 
BRIEF DESCRIPTION 
Trademarks   
Regulation under the Trademark Law . 
(Ordinance No. 13 of the Ministry of International Trade and Industry 
of 8 March 1960, as last amended by Ordinance 
No. 28 of the Ministry of International Trade and Industry of 2 March 2004.)  Entry into force:  1 April 2004.  
 The Regulation implements the Trademark Law 
(Law No. 127 of 13 April 1959, as last amended by Law No. 398 of 10 September 2003). 
 
 
Geographical indications   
Standard for Indication in Relation to Geographic 
Indication . 
(Notification No. 4 of the National Tax 
Administration of 28 December 1994.)  Entry into force:  1 July 1995.   The Standard implements paragraph 1 of 
Article 23 of the TRIPS Agreement. 
 
 
Act against Unjustifiable Premiums and 
Misleading Representations . 
(Law No. 134 of 15 May 1962, as last amended by Law No. 89 of 12 November 1993.)  
Entry into force:  1 October 1994. 
  The Act prevents inducement of customers by 
means of misleading representations, etc., in terms of ensuring fair competition.  Among the actions provided for in paragraph 2(a) of Article 22 of the TRIPS  Agreement, false 
representations of the place of origin misleading 
consumers in general are prohibited by Article 4 (Prohibition of Misleading Representation) of the Act.  
  IP/N/1/JPN/3 
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TITLE 
DATE OF ADOPTION AND ENTRY  
INTO FORCE 
  
 
BRIEF DESCRIPTION 
Industrial designs 
  
Regulation under the Design Law . 
(Ordinance No. 12 of the Ministry of 
International Trade and Industry 
of  8 March 1960, as last  amended by Ordinance 
No. 28 of the Ministry of International Trade and Industry of 2 March 2004.)  
Entry into force:  1 April 2004. 
  The Regulation implements the Design Law 
(Law No. 125 of 13 April 1959, as last amended 
by Law No. 398 of 10 September 2003). 
  
Patents (including plant variety protection)   
Regulation under the Patent Law . 
(Ordinance No. 10 of the Ministry of 
International Trade and Industry of 8 March 1960, as last amended by Ordinance No. 28 of the Ministry of International Trade and Industry of 2 March 2004.) 
 
Entry into force:  1 April 2004.    The Regulation implements the Patent Law (Law 
No. 121 of 13 April 1959, as last amended by 
Law No. 398 of 10 September 2003).   
Anti-monopoly Act Concerning Prohibition of 
Private Monopoly and Maintenance of Fair 
Trade . 
(Law No. 54 of 14 April 1947, as last amended by Law No. 160 of 22 December 1999.)  
Entry into force:  1 July 2000. 
  Article 100 of the Act (R evocation of Patent 
Rights or Patent Licences) provides that it is the 
court that makes the declaration of revocation of patent rights or patent licences.  Therefore, an opportunity for judicial review of decisions to revoke or forfeit a patent shall be available.  This 
provision implements Article 32 of the TRIPS 
Agreement.   
Protection of undisclosed information   
National Public Service Law . 
(Law No. 120 of 21 October 1947, as last amended by Law No. 33 of 15 June 1994.)  Entry into force:  1 September 1994. 
 
 Article 100 of the Law contains provisions 
relating to paragraph 3 of  Article 39 of the TRIPS 
Agreement. IP/N/1/JPN/3 
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TITLE 
DATE OF ADOPTION AND ENTRY  
INTO FORCE 
  
 
BRIEF DESCRIPTION 
Prevention of the abuse of intellectual 
property rights 
  
National Public Service Law . 
(Law No. 120 of 21 October 1947, as last 
amended by Law No. 54 of 31 March 1995.)  Entry into force:  1 April 1996.  
 Article 100 of the Law contains provisions 
relating to paragraphs 3 an d 4 of Article 40 of the 
TRIPS Agreement.   
Anti-monopoly Act Concerning Prohibition of 
Private Monopoly and Maintenance of Fair 
Trade . 
(Law No. 54 of 14 April 1947, as last amended by Law No. 160 of 22 December 1999.) 
 
Entry into force:  1 July 2000.   The Act aims at promoting fair and free 
competition.  The measures which are provided for in paragraph 2 of Article 40 of the TRIPS Agreement are implemented by Articles 3 (Prohibition of Private Monopolization and 
Unreasonable Restraint of Trade), 6 (Prohibition 
of Particular International Agreement or Contract) and 19 (Prohibition of Unfair Trade Practices) of the Act.  Supply of information to the Member (paragraphs 3 and 4 of Article 40 of 
the TRIPS Agreement) shall be done within the 
limits of Article 39 of the Act (Duty of the Personnel of the Fair Trade Commission to preserve trade secrets).  
 
Cabinet Ordinance on Organization of Executive 
Office of Fair Trade Commission . 
(Cabinet Ordinance No. 373 of 30 August 1952, as last amended by Cabinet Ordinance No. 219 of 2 July 1999.) 
 
Entry into force:  29 July 1999.   Fair Trade Commission is in charge of 
consultations and supply of information (paragraphs 3 and 4 of Article 40 of the TRIPS Agreement) based on item 2 of Article 12 of the Ordinance. 
 
 
Civil judicial procedures and remedies   
The Constitution of Japan . 
 Promulgation:  3 November 1946.  Entry into force:  3 May 1947. 
 
 Article 82 of the Constitution provides that the 
judicial procedures shall be open to the public and this provision relates to Article 42 of the TRIPS Agreement.  
  IP/N/1/JPN/3 
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TITLE 
DATE OF ADOPTION AND ENTRY  
INTO FORCE 
  
 
BRIEF DESCRIPTION 
Civil Code . 
(Law No. 89 of 27 April 1894, as last amended 
by Law No. 149 of 1 December 1999.)  Entry into force:  1 April 2000.   Articles 703 and 709 of the Code are general 
provisions of damages, and implement 
Articles 45 and 48 of the TRIPS Agreement.   
Code of Civil Procedure . 
(Law No. 109 of June 1996, as last amended by 
Law No. 128 of 25 July 2003.) 
 Entry into force:  1 April 2004.   The Code is the general law on civil procedure 
and Articles 54, 61, 138, 139, 181, 196, 197, 207, 
208, 220, 223, 224 and 232 of the Code relate to 
Articles 42, 43, 45 and 48 of the TRIPS Agreement.   
State Redress Law . 
(Law No. 125 of 27 October 1947.) 
 Entry into force:  27 October 1947.   Article 1 of the Law relates to paragraph 2 of 
Article 48 of the TRIPS Agreement. 
  
Provisional judicial measures   
Civil Code . 
(Law No. 89 of 27 April 1894, as last amended by Law No. 149 of 1 December 1999.)  
Entry into force:  1 April 2000. 
  Article 709 of the Code re lates to paragraph 7 of 
Article 50 of the TRIPS Agreement.   
Code of Civil Preservative Procedure . 
(Law No. 91 of 22 December 1989, as last 
amended by Law No. 138 of 1 August 2003.) 
 Entry into force:  1 March 2004.   Articles 3, 13, 14, 17, 23, 24, 26, 27, 29 and 37 of 
the Code provide the provisional measures and 
implement Article 50 of the TRIPS Agreement. 
  
Special requirements related to border 
measures 
  
Civil Code . 
(Law No. 89 of 27 April 1894, as last amended by Law No. 149 of 1 December 1999.) 
 
Entry into force:  1 April 2000.   Article 709 of the Code relates to Article 56 of 
the TRIPS Agreement.  
 
 IP/N/1/JPN/3 
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TITLE 
DATE OF ADOPTION AND ENTRY  
INTO FORCE 
  
 
BRIEF DESCRIPTION 
Criminal procedures   
Penal Code . 
(Law No. 45 of 24 April 1907, as last amended by Law No. 138 of 1 August 2003.) 
 
Entry into force:  within nine (9) months from the date of amendment.   Article 19 of the Code provides that a thing 
which is a constituent element of a criminal act or a thing which has been used or was intended to 
be used in the commission of a criminal act, etc. 
may be confiscated and this provision implements Article 61 of the TRIPS Agreement.   
Any administrative procedures and remedies not covered above   
The Constitution of Japan . 
 Promulgation:  3 November 1946. 
 
Entry into force:  3 May 1947.   Paragraph 2 of Article 37 and paragraphs 2 and 3 
of Article 76 of the Constitution relate to the general obligation of enforcement of intellectual 
property rights provided for in Article 41 of the 
TRIPS Agreement.   
Code of Civil Procedure . 
 
(Law No. 109 of 26 June 1996, as last amended by Law No. 128 of 25 July 2003.)  Entry into force:  1 April 2004. 
 
 The Code is the general law of civil procedure 
and Article 91 of the Code  relates to paragraph 4 
of Article 63 of the TRIPS Agreement, and Articles 180, 181, 202, 247, 253, 255, 281 and 311 of the Code relate to  Article 41 of the TRIPS 
Agreement. 
 
 
Code of Criminal Procedure . 
(Law No. 131 of 10 July 1948, as last amended by Law No. 61 of 30 May 2003.)  
Entry into force:  within two (2) years from the 
date of amendment.   Articles 43, 44, 46, 293, 297, 298, 304 to 306, 
308, 309, 317, 342, 372 and 405 of the Code of Criminal Procedure relate to Article 41 of the TRIPS Agreement. 
 
 
Law Concerning the Cost of Civil Procedure . 
(Law No. 40 of 6 April 1971, as last amended by 
Law No. 138 of 22 August 2003.)  Entry into force:  within nine (9) months from the date of amendment.  
 Table No. 1 based on paragraph 1 of Article 3 of 
the Law relates to paragraph 2 of Article 41 of 
the TRIPS Agreement.    IP/N/1/JPN/3 
 Page 9 
 
 
 
 
TITLE 
DATE OF ADOPTION AND ENTRY  
INTO FORCE 
  
 
BRIEF DESCRIPTION 
Administrative Litigation Act . 
(Law No. 139 of 16 May 1962, as last amended 
by Law No. 91 of 22 December 1989.)  Entry into force:  1 January 1991.   Article 3 of the Act relates to paragraph 4 of 
Article 41 of the TRIPS Agreement. 
  
Rule of Civil Procedure . 
(Rule No. 5 of the Supreme Court 
of 17 December 1996, as last amended by Rule 
No. 5 of the Supreme Court of 29 July 1997.)  Entry into force:  1 January 1998.   Article 33 of the Rule relates to paragraph 4 of 
Article 63 of the TRIPS Agreement, and 
Articles 113, 115 and 157 of the Rule relate to 
Article 41 of the TRIPS Agreement.   
Rule of Criminal Procedure . 
(Rule No. 32 of the Supreme Court of 1 December 1948, as last amended by Rule No. 5 of the Supreme Court of 29 July 1997.)  
Entry into force:  1 January 1998. 
  Articles 34, 35, 53, 211 and 222 of the Rule 
relate to Article 41 of the TRIPS Agreement.   
 
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