1 
  
 
 
 
 
 
 
 
 
 
 
 
Unfair Competition Prevention Act (Act No. 47 of May 19, 
1993)  
Table of Contents  
Chapter I General Provisions (Article s 1 and 2)  
Chapter II Claims for Injunctions and Compensation for Loss or Damage (Article s 3 
to 15)  
Chapter III Acts Prohibit ed pursuant to  International Agreement s (Article s 16 to 18)  
Chapter IV Miscellaneous Provisions (Articles 19 to 20) 
Chapter V Penal Provisions (Articles 21and 22)  
Chapter VI Special Provisions on  Criminal Proceedings (Articles 23 to 31)  
Chapter VII Special  Provisions  on Procedures Concerning Confiscation (Articles 32 
to 34)  
Chapter VIII Procedures for Preservation (Articles 35 and 36)  
Chapter IX Procedures for International Mutual Legal Assistance in Execution of 
Judicial Decision and in Preservation , for Confiscation and Collection  of Equivalent この不正競争防止法の翻訳は、平成三十年法律第三十 三号までの改正（平成３１
年７月１日施行）について作成したものです。 
この法令の翻訳は公定訳ではありません。法的効力を有するのは日本語の法令自
体であり、翻訳はあくまでその理解を助けるための参考資料です。この翻訳の利用
に伴って発生した問題について、一切 の責任を負いかねますので、法律上の問題に
関しては、官報に掲載された日本語の法令を参照してください。 
 
  This English translation of the Unfair Competition Prevention Act has been 
prepared (up to the revisions of Act No. 33  of 2018 (Effective July  1, 2019)).  
  This is an unofficial translation. Only the ori ginal Japanese texts of laws and 
regulations have legal effect, and the translations are to be used solely as 
reference material to aid in the understanding of Japanese laws and regulations.  
  The Government of Japan shall not be responsible for the accur acy, reliability 
or currency of the legislative material provided in this Website, or for any 
consequence resulting from use of the information in this Website. For all 
purposes of interpretin g and applying law to any legal issue or dispute, users 
should consult the original Japanese texts published in the Official Gazette.  2 
 Value  (Articles 37 to 40)  
 
Supplementary Provisions  
Chapter I General Provisions  
 (Purpose)  
Article 1 The purpose of this Act is to provide measures , etc.  for the prevention of 
unfair competition and for the compens ation for loss or  damage caused by unfair 
competition , in order to ensure fair competition among companies , and proper  
implementation of international agreements related thereto, thereby contribut ing to 
the sound development of the national economy.  
 (Definitions) 
Article 2 (1) The term " unfair competition " as used in this Act means any of the 
following:  
 (i) the act of creating confusion with another person's goods or business by using an 
indication of goods or business  (meaning a name, trade name, tradema rk, markings , 
container s or packaging for goods belonging to a business , or any other indication of 
a person's goods or business; the same applies hereinafter)  that is identical or 
similar to the another person's indication of goods or business  that is wel l-known 
among consumers as belonging to that person , or by transferring , delivering, 
displaying for the purpose of transfer  or delivery, exporting, importing or providing 
through a telecommunications line goods that use the same  indication;  
 (ii) the act o f using an indication of goods or business  that is identical or similar to 
another person's famous indication of goods or business  as one's own, or of 
transferring , delivering, displaying for the purpose of transfer  or delivery, exporting, 
importing, or pr oviding through a telecommunications line goods that use the same  
indication;  
 (iii) the act of transferring , leasing, displaying for the purpose of transfer  or lease , 
exporting or importing  goods that imitate  the configuration  of another person's 
goods (excluding that which is indispensable to its  function ing); 
 (iv) the act of acquiring trade secrets  by theft, fraud, duress , or other wrongful 
means (hereinafter referred to as an "act of wrongful acquisition of trade secret s"), or 
the act of using or discl osing (including disclosing  in confidence to a specific person 
or persons; the same appl ies hereinafter  in the following item through item (ix), 
Article 19, paragraph (1), item (vi), and Article 21, and  in the Supplementary 
Provisions , Article 4, item (i) ) trade secrets  acquired  through an act of wrongful 
acquisition of trade secrets ; 
 (v) the act of acquiring trade secrets  with the knowledge,  or through  gross 
negligence in not knowing,  that there has been an intervening  act of wrongful 
acquisition of trad e secret s, or the act of using or disclosing trade secrets  acquired in 
such a way ; 
 (vi) the act of using or disclosing acquired  trade secrets  after having learned, or 3 
 through gross negligence in not having learned , subsequent to their  acquisition, that 
there had been an intervening  act of wrongful acquisition of trade secrets ; 
 (vii) the act of using or disclosing trade secrets  disclosed by the company  that owns 
them  (hereinafter referred to as the trade secret owner ) for the purpose of wrongful 
gain, or c ausing damage to the trade secret owner ; 
 (viii) the act of acquiring trade secrets  with the knowledge, or with gross negligence 
in not knowing , that the  trade secret s' disclosure is  an act of improper disclosure  of 
trade secrets  (meaning , in the case pres cribed in the preceding item, the act of 
disclosing trade secrets  for the purpose prescribed in the same  item, or the act of 
disclosing trade secrets  in breach of a legal duty to maintain secrecy; the same 
applies hereinafter)  or that there has been an int ervening act of improper disclosure  
of trade secrets  with regard to  the relevant  trade secrets , or the act of using or 
disclosing trade secrets  acquired in such a way ; 
 (ix) the act of using or disclosing acquired trade secrets  after having learned, or 
through gross negligence in not having learned , subsequent to their acquisition, that 
disclosing them  was an act of improper disclosure  of trade secrets  or that there had 
been an intervening act of improper disclosure  of trade secrets  with regard to the 
relev ant trade secrets ; 
 (x) the act of transferring , delivering, displaying for the purpose of transfer  or 
delivery, exporting, importing, or providing through a  telecommunications line 
things  created  by the acts set forth  in item (iv) to the preceding item (l imited  to acts 
of using  a technical secret  (meaning trade secrets  which constitute  technical 
information ; the same appl ies hereinafter); hereinafter referred to as an  "act of 
unauthorized use" in this item)  (excluding an act of transferring , delivering, 
displaying for the purpose of transfer  or delivery, exporting, importing, or providing 
through a telecommunications line the  things  by a person that has received  the 
things  by transfer  (limited to persons  that, at the time of receiving the  things  by 
transfer , had no knowledge that the y were created  by an act of u nauthorized use, 
and such lack of knowledge was not due to  gross negligence) ); 
 (xi) the act of acquiring “shared data with limited access”  by theft, fraud, duress, or 
other wrongful means (hereinafte r referred to as an “ act of wrongful acquisition of 
“shared data with limited access”” ), or the act of using or disclosing “shared data 
with limited access”  acquired  through an act of wrongful acquisition of “shared data 
with limited access” ; 
 (xii) the ac t of acquiring “shared data with limited access”  with the knowledge that 
there has been an intervening act of wrongful acquisition of “shared data with 
limited access”, or the act of using or disclosing “shared data with limited access”  
acquired in such a way;  
 (xiii) the act of disclosing acquired “shared data with limited access”  after having 
learned, subsequent to its acquisition, that there had been an intervening act of 
wrongful acquisition of “shared data with limited access” ; 4 
  (xiv) the act of using (limited to an act conducted in breach of the duties regarding 
the management of the “shared data with limited access” ) or the act of disclosing 
“shared data with limited access” disclosed by the company that owns it (hereinafter 
referred to as the owner of “shared data with limited access” ) for the purpose of 
wrongful gain or causing damage to the owner of “shared data with limited access” ; 
 (xv) the act of acquiring “shared data with limited access”  with the knowledge that 
the disclosure of the “shared data with limited access”  is an act of improper 
disclosure  of “shared data with limited access” (meaning, in the case prescribed in 
the preceding item, the act of disclosing “shared data with limited access” for the 
purpose prescribed in the same item; the s ame applies hereinafter) or that there has 
been an intervening act of improper disclosure  of “shared data with limited access”  
with regard to the relevant “shared data with limited access” , or the act of using or 
disclosing “shared data with limited access ” acquired in such a way ; 
 (xvi) the act of disclosing acquired “shared data with limited access”  after having 
learned, subsequent to its acquisition, that disclosing it is  an act of improper 
disclosure  of “shared data with limited access”  or that there ha d been an intervening 
act of improper disclosure  of “shared data with limited access” with regard to the 
relevant “shared data with limited access” ; 
 (xvii) the act of transferring , delivering, displaying for the purpose of transfer  or 
delivery, exporting,  or importing,  a device (including a machine  that incorporates the 
device and a set of parts for the device  that can be easily assembled) with a function 
that makes it possible to  view images , hear sound s, run program s, or process 
information (limited to i nformation recorded in an electronic or magnetic record  
(meaning a record used in computerized information processing which is created in 
electronic form, magnetic form, or any other form that is impossible to perceive 
through the human senses alone ); the same applies  hereinafter  in this item, the 
following item, and paragraph (8) ), or record images, sounds, programs, or any other 
information  (hereinafter referred to as “to view images, etc.” in this item) which are 
restricted by technological restriction m easures  that are used for business purposes  
(excluding technological restriction measures  used by another person to restrict all 
but specifi ed persons from viewing images , hearing sounds , running program s, or 
processing information,  or recording  images, so unds, programs, or any other 
information ), by interfering with  the effect iveness  of the technological restriction 
measures , or a recording medium  on which a  program  with the function  (including a 
combination  of the program  with other program s) or code  with  the function  (meaning 
command s given to a computer which  only can produce  a specific result; the same 
applies in the following item) has been recorded  or a machine on which the  program  
or the code with the function  has been stored ; or the act of providing  the program  or 
the code through a telecommunication s line (if the  device or program  has a 
combination of functions other  than the relevant  function, this is  limited to an act 
conducted  in order to provide  the device or program  for the purpose of  making it  5 
 possible to  view images, etc. by interfering with the effectiveness  of the technological 
restriction measures ); or the act of providing a service for making it possible to view 
images, etc. by interfering with the effectiveness of the technological restri ction 
measures ; 
 (xviii) the act of transferring , delivering, displaying for the purpose of transfer or 
delivery, exporting or importing,  other than  to specified  person s, a device (including 
a machine that incorporates the device and a set of parts for the device that can be 
easily assembled ) with a  function that makes it possible to view images , hear sounds , 
run program s, or process information,  or record images, sounds, programs, or any 
other information  (hereinafter referred to as “to view images, etc.” in this item) 
which are restricted by technological restriction measures  that are used by another 
person for business purposes  to restrict all but specifi ed persons from viewing 
images , hearing sounds , running program s, or processing information,  or record ing 
images, sounds, programs, or any other information , by interfering with  the 
effect iveness  of the technological restriction measures  or a recording medium  on 
which a program  with the function (including a combination of the program  with 
other program s) or code with the function has been recorded  or a machine on which 
the program  or the code  has been stored ; or the act of providing the  program  or the 
code through a telecommunication s line, other than to specifi ed person s (if the device 
or program  has a combination of functions other than the relevant  function, this is 
limited to an act conducted  in order to provide the  device or program  for the purpose 
of making it possible to view images, etc. by interfering with  the effectiveness of the 
technological res triction measures ); or the act of providing a service for making it 
possible to view images, etc. by interfering with the effectiveness of the technological 
restriction measures , other than to specifi ed persons ; 
 (xix) the act of acquiring or holding a rig ht to use a domain name  that is identical or 
similar to another person's Specific indication of goods or business  (meaning a name, 
trade name, trademark , markings , or any other indication of goods or business 
belonging to a business ), or the act of using a ny of such domain name , for the 
purpose of wrongful gain or causing damage to another person;  
 (xx) the act of using an indication on  goods or services, in an advertisement thereof , 
or in trade documents  or electronic correspondence  thereof , in a way  that is likely to 
mislead  as to the place of origin, quality, content, manufacturing process, purpose , or 
quantity of the  goods, or the quality, content, purpose , or quantity of the  services, or 
the act of transferring , delivering, displaying for the purpose of  transfer  or delivery, 
exporting, importing , or providing  through a telecommunication s line goods so 
indicated , or the act of providing services so indicated;  
 (xxi) the act of making or circulating false allegation s that harm  the business 
reputation of an other person that  is a business competitor;  
 (xxii) an act by the agent  or representative, or a person that  was, within one year of 
the date of the act, an agent or representative of the holder of a right to a trademark  6 
 (the right is limited to a right tha t is equivalent to a trademark  right; hereinafter 
simply referred to as a "r ight" in this item) in a country belonging to the Union 
established by the Paris Convention ( meaning  the Paris Convention as defined in 
Article 4 , paragraph  (1), item  (ii) of the T rademark Act (Act No. 127 of 1959)) or in a 
country which is a  member of the World Trade Organization or in a country which is 
a contracting party to the Trademark Law Treaty, without justifiable  grounds  and 
without  the consent of the holder of the right; which constitutes  the use of a 
trademark  that is  identical or similar to the trademark  under the right on identical 
or similar goods or services regarding  the right; which constitutes the transfer , 
delivery, display for the purpose of transfer  or delivery , export, import or provision 
through a telecommunications line  of goods  that are  similar or identical to the goods 
regarding  the right and on which the trademark  has been used;  or which constitutes 
the provi sion of  services that are identical or similar to  the services regarding  the 
right, using the  trademark . 
 (2) The term "trademark " as used in this Act means a trademark as defined in 
Article 2 , paragraph  (1) of the Trademark Act.  
 (3) The term " markings " as used in this Act means markings  as defined in A rticle 2 , 
paragraph  (1) of the Trademark Act.  
 (4) The term "configuration of goods " as used in this Act means the external and 
internal shape of goods and the pattern, color, gloss, and texture combined with the  
shape, which can be perceived  by consumers when they use the goods in an ordinary 
way. 
 (5) The term "imitate " as used in this Act means the act of creating goods that are 
substantially similar to another person's goods, based on the  configuration  of the 
goods . 
 (6) The term " trade secret" as used in this Act means technical or business 
information useful for business  activities , such as manufacturing or marketing 
methods , that are kept secret and that are not publicly known.  
 (7) The term “shared data with limited access”  as used in this Act means technical 
or business information that is accumulated in a reasonable amount by electronic or 
magnetic means  (meaning an electronic form, magnetic form, or any other form that 
is impossible to perceive through the human senses alone; the same applies in th e 
following paragraph ) as information provided to specified  persons on a regular basis 
and that is managed (excluding information that is kept secret).  
 (8) The term "technological restriction measures " as used in this Act means 
measures which restrict ima ges from being viewed,  sound s from being heard , 
program s from being run , or information from being processed, or images, sounds, 
programs, or any other information  from being recorded, by electro nic or magnetic 
means , by means  of recording onto a recording  medium  or transmitting signals  to 
which a viewing device , etc.  (meaning a  device used for viewing images , hearing 
sound s, running program s, or processing information, or recording images, sounds, 7 
 programs, or any other information ; the same appl ies herein after in this paragraph ) 
has a specific response , or by means of converting  images, sounds, programs, or any 
other information  and recording on to a recording medium  or transmitting them , in a 
way that requires specific conversion by the viewing device , etc. 
 (9) The term "program " as used in this Act means  a set of  instructions to a computer 
so that a specific result  can be obtained.  
 (10) The term "domain name " as used in this Act means letters, numbers, signs , or 
other symbols or a combination thereof tha t correspond to the combination of 
numbers, signs, letters  assigned to identify individual computer s on the Internet.  
 (11) The term "things " as used in this Act includes program s. 
Chapter II Claims  for Injunction s and Compensation for Loss or Damage  
 (Right to Claim for an I njunction)  
Article 3 (1) A person whose business interests have been infringed on or are likely to 
be infringed on due to unfair competition  may make a claim to suspend or prevent 
that infringement , against the person that infringed or is likely to infringe on the 
business interests.  
(2) When  making  the claim  under  the preceding paragraph,  the person whose 
business interests have been infringed on or are likely to be infringed on due to  
unfair competition  may make a claim  to have things  that constitute the act of 
infringement destroyed  (including things  created through the act of infringement; 
the same appl ies in Article 5 , paragraph  (1)), to have equipment  used for in  act of 
infringement  removed , or other s actions  necessary  for suspen ding or preventi ng the 
infringement.  
 (Compensation for Loss or Damage)  
Article 4 A person that intentionally or negligently infringes on the business 
interests of another person through unfair competition  is held liable to compensate 
damages resulting theref rom; provided,  however, that this Article does not apply to 
damages resulting from  the act of using  trade secrets  or “shared data with limited 
access”  after the rights prescribed in Article 15 have extinguished pursuant to the 
same  Article.  
 (Presumption o f Amount s for Damage s) 
Article 5 (1) When  a person whose business interests have been infringed due to the 
unfair competition  set forth  in Article 2 , paragraph  (1), items (i) through  (xvi) or 
(xxii) (with regard to the unfair competition  set forth  in items  (iv) through (ix) of the 
same paragraph, limited to  unfair competition  that involves a technical secret) 
(hereinafter referred to as the "i nfringed party" in this paragraph) makes a claim  for 
compensation  for damages  suffered  due to the  infringement , from  a person that has 
intentionally or negligently infringed on the business interests, if the infringer has 
transferred  things  that constituted  the act of infringement, the quantity of the  
things  transferred  (hereinafter referred to as the "t ransferred  quant ity" in this 
paragraph) multiplied by the amount of profit per unit of the things  that the 8 
 infringed party could have sold in the absence of the  act of  infringement may be fixed 
as the amount of damages suffered by the i nfringed party, within the limits of an 
amount proportionate to the infringed party's ability to sell or conduct other acts 
concerning the things ; provided, h owever, that if there are circumstances that would 
have prevented the i nfringed party from selling a number  of things  equivalent to al l 
or part of the t ransferred  quantity , an amount proportionate to the number of things  
corresponding to the  circumstances is deducted.  
 (2) When a person whose business interests have been infringed on due to unfair 
competition  makes a claim for  compensati on for damage s suffered by it  from  a 
person that intentionally or negligently infringed on the business interests, if the  
person has  made a profit through the act of infringement, the  amount of profit is 
presumed to be the amount of damage s that the person  whose business interests 
were infringed  on has suffered . 
 (3) A person whose business interests have been infringed on due to the unfair 
competition  set forth  in Article 2 , paragraph  (1), items (i) through (ix), items (xi) 
through (xvi), item ( xix) or ( xxii) may make a  claim  for compensation for damage s 
against  a person that has intentionally or negligently infringed on the business 
interests, in an  amount equivalent to the amount of money that the infringed  party 
should have been entitled to receive for  the act prescribed in the relevant of  the 
following items for the classification of unfair competition  set forth  therein, as the 
amount of damages suffered  by the infringed party : 
 (i) unfair competition  set forth  in Article 2 , paragraph  (1), item s (i) or (ii) - use of a n 
indication of goods or business  pertaining to the  infringement;  
 (ii) unfair competition  set forth  in Article 2 , paragraph (1), item (iii) - use of a 
configuration of goods  pertaining to the  infringement;  
 (iii) unfair competition  set forth  in Article 2 , paragraph (1), item s (iv)  through (ix) - 
use of trade secrets  pertaining to the  infringement;  
 (iv) unfair competition  set forth  in Article 2, paragraph (1), items (xi) through (xvi) -  
use of “shared data with limited access”  pertaining to t he infringement;  
 (v) unfair competition  set forth  in Article 2 , paragraph (1), item (xi x) - use of a 
domain name  pertaining to the  infringement; and  
 (vi) unfair competition  set forth  in Article 2 , paragraph (1), item (x xii) - use of a 
trademark  pertainin g to the  infringement.  
 (4) The provisions of the preceding paragraph do not preclude a claim for 
compensation  of damages exceeding the amount prescribed in that paragraph. In 
such a case, if the person that infringed on the business interests did not do so 
intentionally or through gross negligence, the court may take this into consideration 
in determining the amount of damages  to be compensated.  
 (Presumption of a Person Using a Technical Secret they  Acquired ) 
Article 5 -2 If any of the acts  prescribed in A rticle 2, paragraph (1), item (iv), ( v), or 
(viii) (limited  to acts of acquiring trade secrets ) have  been conducted with regard to a 9 
 technical secret (limited to a technical secret regarding  manufacturing methods or 
other information specified by Cabinet O rder; the same appl ies hereinafter in this 
Article)  and a person that has conducted the act produces  things  through using  
technical secrets , or conducts other  acts specified by Cabinet Order as that from 
which it  can be clearly understood that the technica l secret has been used 
(hereinafter referred to as the " production, etc." in this Article), the  person is 
presumed to have conducted production, etc. as an act prescribed in each item 
(limited to a cts of using trade secrets ). 
 (Obligation  to Clarify  Specif ic Conditions ) 
Article 6 In litigation s involving the infringement of business interests through 
unfair competition , if the opponent  denies the specific conditions of the things  or 
process  which is being  asserted  by the person alleging that their  business interests 
have been infringed on, or are likely to be infringed  on by unfair competition , the 
opponent  must clarify the specific conditions of their  own actions ; provided, h owever, 
that this does not apply when the opponent  has adequate grounds  for not bei ng able 
to clarify this . 
 (Submission of Documents)  
Article 7 (1) In litigation involving  the infringement of business interests due to 
unfair competition , the court may, on the motion  of a party , order a nother  party to 
submit  any documents necessary for p roving the act of infringement or calculating 
the amount of damages caused by the  act of infringement; provided,  however, that 
this does not apply if the holder of the documents has justifiable grounds for refusing 
to submit them.  
 (2) If the court finds i t necessary for determining whether  or not  the documents 
concerning the motion under  the main clause of the preceding paragraph fall within 
the scope  of documents referred to in the main clause of the same paragraph  or 
whether  or not  there are reasonable grounds as provided  in the proviso to the same  
paragraph, it may have  the holder of the documents present them . In such a case, no 
person may request  the disclosure of the presented  documents.  
 (3) In the case referred to in  the preceding paragraph, if the court finds it necessary 
to disclose the documents referred to  in the second sentence of the preceding 
paragraph and to hear opinions with regard to  whether  or not  the documents 
concerning the motion under  the main clause of paragraph  (1) fall within the s cope of  
documents referred to in the main clause of the same paragraph  or whether or not 
there are reasonable  grounds as provided  in the proviso to the same paragraph, the 
court may disclose  the documents  to the parties , etc.  (meaning the  parties (or if a 
party is a corporation , its representative ) or the parties' agent s (excluding  counsel or 
assistant s in court) , employee s, or other workers; the same appl ies hereinafter), 
their counsel , or their assistants in court.  
 (4) In the case referred to in paragrap h (2), where the court finds it necessary to 
hear an explanation based on expert knowledge by disclosing the documents as 10 
 provided in the latter sentence of paragraph (2), the court may disclose the 
documents to a technical advisor as provided in Part I, C hapter V, Section 2, 
Subsection 1 of the Code of Civil Procedure (Act No. 109 of 1996) , with the consent of 
the parties.  
 (5) The provisions of the preceding paragraphs apply mutatis mutandis to the 
presentation  of the object  of any inspection  that is  nece ssary for proving the  act of 
infringement in litigation involving the infringement of business interests due to  
unfair competition . 
 (Expert Opinion s for the Calculation of Damages)  
Article 8 In litigation involving  the infringement of business interests d ue to unfair 
competition , if the court, at the request of a party , orders an expert opinion on  the 
matters necessary for calculating  damages caused by the act of  infringement, the 
parties must explain the matters necessary for forming an expert opinion  to the 
expert . 
 (Determination of R easonable Damages)  
Article 9 In litigation involving  the infringement of business interests due to unfair 
competition , if the court finds  that damage has actually incurred  but it is extremely 
difficult for the court to prove  the facts necessary for proving the amount of damage 
due to the nature of the facts, the court may determine a reasonable amount for 
damage s based on the entire purport of oral argument and the results of the 
examination of evidence.  
 (Confidentiality Protective Orders) 
Article 10 (1) In litigation involving  the infringement of business interests due to 
unfair competition , if a prima facie showing has been made that trade secrets  owned 
by a party to the litigation  fall under both of the following grounds, the court may, at 
the request  of the party and by means of a ruling, order a party, etc., counsel, or an 
assistant in court not to use the trade secrets  for any purpose other than conducting 
the litigation, or to disclose them  to any person other than one subject to  the order 
under this paragraph which relates to the trade secrets ; provided, however, that this 
does not apply if the party, etc., counsel, or assistant in court had already acquired or 
owned the trade secrets  by means other than the reading of the brief prescribed in 
item (i) or the examination or disclosure of evidence prescribed in the same item  by 
the time at which the  request  was made : 
 (i) the trade secrets  owned by the party is written in an already -submitted  or a 
to-be-submitted  brief, or  is included in the contents of already -examined or 
to-be-examined evidence (including documents disclosed pursuant to Article 7, 
paragraph  (3) or a document disclosed pursuant to Article 13, paragraph  (4)); and  
 (ii) the party's business activities that are based on the trade secrets  under the 
preceding item are likely to become hindered by the use of the  trade secrets  for any 
purpose other than those for conducting the litigation or by the disclosure  of the 
trade secrets , and it is necessary to restrict the use or disclosure of the  trade secrets  11 
 in order to prevent this.  
 (2) A petit ion for the order under  the preceding paragraph (hereinafter referred to 
as the " protective order ") must be made in writing and include the following 
particulars : 
 (i) the pers on to whom the protective order  would be issued;  
 (ii) facts that are sufficient for identifying the trade secrets  that would be  made the 
subject of the protective order ; and  
 (iii) facts that fall within the grounds set forth  in the respective items of th e 
preceding paragraph.  
 (3) When issuing a protective order , the court must  serve a written ruling  on the 
person to whom the protective order  has been issued.  
 (4) A protective order  takes effect when a written ruling  is served on the person to  
whom the pr otective order  has been issued.  
 (5) If the court dismisses a petition for a  protective order , the party may file an 
immediate appeal against the judicial decision.  
 (Rescission of Protective Orders) 
Article 11 (1) A person that filed a petition for a  protective order  or a person to  whom 
a protective order  has been issued may file a motion to rescind  the protective order  
with the court where the case record is kept (when no such court exists, the court 
that issued the protective order ) on the ground s that a requirement prescribed in the 
preceding Article , paragraph  (1) has not been met or is no longer  being  met.  
 (2) When the court makes  a judicial  decision on a motion to rescind  a protective 
order , it must  serve a written ruling  on the person that filed the  motion and the 
opponent . 
 (3) An immediate appeal may be filed against a judicial decision on the motion to 
rescind  a protective order . 
 (4) A judicial decision to rescind a protective order  does not take effect until it  
becomes final and binding.  
 (5) If a court has made a judicial decision rescind ing a protective order , and, during 
the same litigation in which the protective order was issued, a protective order  for 
the protection of the  trade secrets  was issued against any person other than the  
person that filed the motion  for the rescission of the protective order  or the opponent , 
the court must  immediately notify that person of the judicial decision rescind ing the 
protective order . 
 (Notice of Request s to Inspect  Case Record s) 
Article 12 (1) If a court has made  a ruling under Article 92 , paragraph  (1) of the Code 
of Civil Procedure with regard to the case record in  a litigation  in which a protective 
order  has been issued (excluding a litigation  in which all the protective order s have 
been rescinded), and  a party has  request ed to inspect , etc. a portion of the record 
that contains the secret prescribed under  the same paragraph, if the person that 
followed the procedure s for filing the request has not had a protective order  issued 12 
 against them in the litiga tion, the court clerk must , immediately after the request  
has been filed , notify the party that filed the motion under the same paragraph 
(excluding the person filing  the request ; the same appl ies in paragraph ( 3) of the fact 
that the request has been file d). 
 (2) In a case referred to in the preceding paragraph, the court clerk must not allow 
the person  that followed the procedure s for filing  the request under the same 
paragraph to inspect , etc. the part  of the record that contains the secret under  the 
same paragraph  until two weeks have elapsed since the date of the request (if a 
petition is filed  for a protective order  against the person that followed the procedure s 
for filing  the request on or before the date, until the date on which the  judicial 
decisio n on the motion becomes final and binding).  
 (3) The provisions of the preceding two paragraphs do not  apply if there is consent 
among all parties that have filed a motion under Article 92 , paragraph  (1) of the 
Code of Civil Procedure to allow the person  that filed  the request under paragraph 
(1) to inspect , etc. the part  of the record that contains the secret.  
 (Suspension of the Open Examination of Parties)  
Article 13 (1) In litigation involving the infringement of business interests due to 
unfair competi tion, if a party , etc. is to be examined as a party to the case, statutory  
agent, or witness with regard to a matter that serves as the basis for determining 
the presence or absence of the  infringement and falls under trade secrets  held by the 
party, and i f the court, by the unanimous consent of the judges, finds that the party, 
etc. is unable to give a sufficient statement regarding the matter because it is clear 
that giving a statement regarding the matter in open court would significantly 
hinder the party's business activities based on the  trade secrets , and that, without 
the statement by the party, etc., the court will be unable to make the appropriate 
judicial decision solely from other evidence on the presence or absence of the  
infringement of business  interests due to unfair competition  which should be made 
based on the determination of the  matter, the court may, rule to  conduct a n 
examination on the matter without opening it to the public.  
 (2) The court must hear the opinions of the parties , etc. in advance before making 
the ruling under the preceding paragraph.  
 (3) In the case referred to in the preceding paragraph, if the court finds it necessary, 
it may order a party , etc. to present a document that outlines the matters to be 
stated. In such a cas e, no person may request  the disclosure of the presented 
document.  
 (4) If the court finds it necessary to disclose the documents under the second 
sentence of the preceding paragraph and to hear the opinions of the parties , etc., the 
counsel, or the assist ant in court, the court may disclose the document to the  person.  
 (5) If the court will conduct an examination on a matter with out opening it to the 
public pursuant to the provisions of paragraph (1), it must make a statement to that 
effect along with the reason therefor to the members of the public before having 13 
 them leave the courtroom. When the examination on the  matter ends, the court must 
allow the members of the public to re- enter the courtroom.  
 (Measures to Restore Business Reputation)  
Article 14 Up on the request of a person whose business reputation has been harmed,  
the court may order the person that has intentionally or negligently engaged in 
unfair competition  and thereby injured the business reputation of that person to 
take the necessary measur es for restoring the business reputation of that person, in 
lieu of or in addition to compensation of damages.  
 (Extinctive Prescription)  
Article 15 The right to claim  the suspension or prevention of infringement under the 
provisions of Article 3, paragrap h (1), against the act of using trade secrets  among 
the acts of unfair competition  set forth  in Article 2, paragraph (1), items (iv)  through 
(ix), is extinguished by prescription if the person conducting the  act does so  
continuously and the trade secret ow ner whose business interests have been 
infringed or are likely to be infringed on by the act does not exercise the right within 
three years from the time when the person comes to know of the  fact and the identity 
of the person conducting the  act. The same appl ies when twenty years have elapsed 
from the time the  act began.  
 (2) The provisions of the preceding paragraph apply mutatis mutandis to the right 
to claim the suspension or prevention of infringement under the provisions of Article 
3, paragraph (1) , against the act of using “shared data with limited access”  among 
the acts of unfair competition set forth in Article 2, paragraph (1), item s (xi) through 
(xvi). In this case, the term “the trade secret owner”  in the preceding paragraph will 
be replaced with  “the owner of “shared data with limited access””  
Chapter III Acts Prohibited pursuant to International Agreement s 
 (Prohibition on the Commercial Use of the National Flag of Foreign States ) 
Article 16 (1) No person may  use anything that is identical or si milar to a foreign 
state's national flag, coat of arms , or any other emblem specified by Ord er of the 
Ministry of Economy, Trade and Industry  as their trademark  (hereinafter referred to 
as the " foreign state' s national flag , etc.") (such identical or simil ar item s are 
hereinafter referred to as the " emblems similar  to a foreign state 's national flag , 
etc."), nor may any person transfer , deliver, display for the purpose of transfer  or 
delivery, export, import, or provide through a  telecommunications line goo ds that use 
an emblem similar  to a foreign state 's national flag , etc. as their trademark , or 
provide services while using an emblem similar  to a foreign state 's national flag , etc. 
as a trademark ; provided, however, that this does not apply  when permissio n has 
been obtained from the government agency of the foreign state that is authorized to 
grant permission (including an administrative disposition similar to permission; the 
same appl ies hereinafter) for use of the foreign state' s national flag , etc.  
 (2) Beyond  what is prescribed in the preceding paragraph, no person may use a 
foreign state's coat of arms  specified by Ord er of the Ministry of Economy, Trade and 14 
 Industry which is referred to in the preceding paragraph (hereinafter referred to as 
the " coat of arms of a foreign state ") in a manner that is likely to mislead as  to the 
place of origin of goods; nor may any person transfer , deliver, display for the purpose 
of transfer  or delivery, export, import or provide through a telecommunications line 
goods that use the coat of arms of a foreign state ; or provide services while using the 
coat of arms of a foreign state  in the same  manner; provided, however, this does not 
apply  when permission has been obtained from the government agency of the foreign 
state t hat is authorized to grant permission to use the coat of arms of a foreign state . 
 (3) No person may  use anything that is identical or similar to the seal or sign that 
the national or local government of a foreign state uses for supervision or 
certificatio n purposes which is specified by Order  of the Ministry of Economy, Trade 
and Industry (hereinafter referred to as the "official markings of a foreign national 
government , etc.") (such identical or similar item s are hereinafter referred to as the 
"official markings similar to that of a foreign national government , etc.") as a 
trademark  on goods or for services that are identical or similar to goods or services 
for which the official marking of a foreign national government , etc. is used; nor 
transfer , delive r, display for the purpose of transfer  or delivery, export, import or 
provide through a telecommunications line, goods that use a n official marking 
similar to that of a foreign national government , etc. as their trademark  or provide 
services while using a n official marking similar to that of a foreign national 
government , etc. as a trademark ; provided, however, that this does not apply when 
permission has been obtained from the government agency of the foreign state that 
is authorized to grant permission fo r use of the official marking of a foreign national 
government , etc.  
 (Prohibition of the Commercial Use of Mark ings of International Organization s) 
Article 17 No person may use anything that is identical or similar to a marking  
representing an i nternation al organization (meaning an intergovernmental 
international organization or an equivalent organization specified by Order  of the 
Ministry of Economy, Trade and Industry; the same appl ies hereinafter in this 
Article) which is specified by Ord er of the Minis try of Economy, Trade and Industry 
(such identical or similar item s are hereinafter referred to as the " markings similar 
to that of an international organization ") as a trademark , in a manner that is likely 
to mislead  as to the existence of a relationship with that i nternational organization; 
or transfer , deliver, display for the purpose of transfer or delivery, export, import or 
provide through a telecommunications line, goods that use markings similar to that 
of an international organization  as their trademark  or provide services while using 
markings similar to that of an international organization  as a trademark , in the 
same  manner; provided, however, that this does not apply  when the permission of 
the relevant  international organization has been obtained.  
 (Prohibition against the Provision of Wrongful Gain s to Foreign Public Officials) 
Article 18 (1) No person may give, or offer or promise to give, any money or other 15 
 benefit to a foreign public official, etc. in order to have th em act or refrain from 
acting in relation to the performance of official duties, or in order to have the foreign 
public officials, etc., use their  position  to influence another foreign public official, etc. 
to act or refrain from acting in relation to the performance of official du ties, in order 
to make any  wrongful gain in business with regard to international commercial 
transactions.  
 (2) The term "foreign public official, etc." as used in the preceding paragraph means 
any of the following persons:  
 (i) any person that engages in public service for national or local foreign 
governments;  
 (ii) any person that engages in the business affairs of an entity established under 
foreign special laws to carry out specific business affairs in the public interest;  
 (iii) any person that engage s in the business affairs of an enterprise in which one or 
more of the national or local governments of foreign states directly owns a number of 
voting shares or an amount of capital subscription that exceeds 50 percent of that 
enterprise's total issued vo ting shares or total amount of capital subscription, or in 
which the majority of the officer s (meaning directors, auditors, council members, 
inspectors, liquidators, and other persons engaged in management of the business) 
are appointed or designated by on e or more of the national or local foreign 
governments, and to which special rights and interests are granted by the national 
or local government of the foreign states for performance of its business, or a person 
specified by Cabinet Order as an equivalent  person;  
 (iv) any person that engages in public services for an international organization 
(meaning an international organization which is formed by governments or 
intergovernmental international  organizations); or  
 (v) any person that engages in the busi ness affairs under the authority of the 
national or local government of a foreign state or an i nternational organization and 
is delegated by them.  
Chapter IV Miscellaneous Provisions  
 (Exclusion from Application) 
Article 19 (1) The provisions of Articles 3  through 15, Article 21 (excluding the part 
under Article 21, paragraph (2), item (vii)), and Article 22 does not apply  to the acts 
prescribed in each of the following items for the classification of unfair competition  
set forth  in the relevant item:  
 (i) unfair competition  set forth  in Article 2, paragraph (1), items (i), (ii), (xx), and 
(xxii): the act of using or indicating a generic term for goods or business (excluding 
the name of a place of origin of goods  made from grapes or using grapes as an 
ingred ient, which has become a generic term) or a n indication of goods or business  
that is in common usage for identical or similar goods or business (hereinafter 
collectively referred to as a " generic term , etc.") in the way that this is normally done, 
or the a ct of transferring , delivering, displaying for the purpose of transfer  or 16 
 delivery, exporting, importing, or providing through a telecommunications line goods 
that use or indicate a generic name in the way that this is normally done (including 
the act of p roviding services while indicating or using a generic term , etc. in the way 
that this is normally done, in the case of unfair competition  set forth  in items (xx) 
and ( xxii) of the same  paragraph);  
 (ii) unfair competition  set forth  in Article 2, paragraph (1), items (i), (ii), and ( xxii): 
the act of using one's own name with no wrongful purpose (meaning the purpose of 
making any  wrongful gain, the purpose of causing damage to others, or any other 
wrongful purpose; the same appl ies hereinafter), or the act o f transferring , 
delivering, displaying for the purpose of transfer  or delivery, exporting, importing, or 
providing through a telecommunications line goods that use one's own name with no 
wrongful purpose (including an act of providing services while using one's own name 
with no wrongful purpose , in the case of unfair competition  set forth  in the same 
items);  
 (iii) unfair competition  set forth  in Article 2, paragraph (1), item (i): the act by a 
person that has used an  indication of goods or business  that is  identical or similar to 
another person's  indication of goods or business , since before the  other person's  
indication of goods or business  became well -known among consumers; or by a person 
that has succeeded to a business regarding the  indication of goods or business  , of 
using the indication of goods or business  with no wrongful purpose, or in 
transferring , delivering, displaying for the purpose of transfer  or delivery, exporting, 
importing, or providing through a telecommunications line goods that use the  
indication of goods or business  with no wrongful purpose;  
 (iv) unfair competition  set forth  in Article 2, paragraph (1), item (ii) - the act by a 
person that has used an  indication of goods or business  that is identical or similar to 
another person's  indication of goods or business , since before the  other person's  
indication of goods or business  became famous; or by a person that has succeeded to 
a business regarding the  indication of goods or business , in using the  indication of 
goods or business with no  wrongful p urpose, or in transferring , delivering, 
displaying for the purpose of transfer  or delivery, exporting, importing, or providing 
through a telecommunications line goods that use the  indication of goods or business  
with no wrongful purpose ; 
 (v) unfair competition  set forth  in Article 2, paragraph (1), item (iii): any of the 
following acts:  
 (a) the act of transferring , leasing, displaying for the purpose of transfer  or lease, 
exporting or importing goods that imitate  the configuration of goods  for which three 
years have elapsed since the date they were first sold in Japan; or  
 (b) the act by a person that has received goods that imitate  the configuration  of 
another person's goods  through transfer  (limited to a person that, at the time of 
receiving the goods through transfer , was without knowledge that the goods imitate d 
the configuration  of another person's goods , and was without gross negligence in not 17 
 knowing the fact) in transferring , leasing, displaying for the purpose of transfer or 
lease, expor ting, or importing the goods;  
 (vi) unfair competition  set forth  in Article 2, paragraph (1), item s (iv) through (ix) - 
the act by a person that has acquired trade secrets  through a transaction (limited to  
a person that, at the time of acquiring the  trade secrets , was without knowledge that 
the disclosure of the trade secrets  was an act of improper disclosure  of trade secrets  
or that there had been an intervening act of wrongful acquisition of trade secrets  or 
an act of improper disclosure  of trade secrets  with regard to that trade secrets , and 
was without gross negligence in not knowing the  fact), of using or disclosing the 
trade secrets  within the scope of title acquired through the  transaction;  
 (vii) unfair competition  set forth  in Article 2, paragraph ( 1), item (x) -  the act of 
transferring , delivering, displaying for the purpose of transfer  or delivery, exporting, 
importing or providing through a telecommunications line  things  created by the act 
of using trade secrets  after the rights prescribed in Arti cle 15 , paragraph (1)  have 
extinguished pursuant to the same  paragraph ; 
 (viii) unfair competition set forth in Article 2, paragraph (1), items (xi) through (xvi) 
- any of the following acts:  
 (a) the act by a person that  has acquired “shared data with lim ited access”  through 
a transaction (limited to a person that, at the time of acquiring the “shared data with 
limited access”, was without knowledge that the disclosure of the “shared data with 
limited access” was an act of improper disclosure of “shared data with limited access”  
or that there had been an intervening act of wrongful acquisition of “shared data 
with limited access”  or an act of improper disclosure of “shared data with limited 
access”  with regard to that “shared data with limited access” ), of disclosing the 
“shared data with limited access”  within the scope of title acquired through the 
transaction ; or 
 (b) the act of acquiring “shared data with limited access”  in which the information 
accumulated in a reasonable amount is the same as any infor mation that has been 
made available to the public  without compensation, or the act of using or disclosing 
such acquired “shared data with limited access” ; 
 (ix) unfair competition  set forth  in Article 2, paragraph (1), items (x vii) and (x viii) - 
the act of  transferring , delivering, displaying for the purpose of transfer or delivery, 
exporting, importing, a device  prescribed in items (x vii) and (x viii) of the same  
paragraph , a recording  medium on which a program  or code  prescribed in th ose 
items has been rec orded or a machine  on which a program  or code prescribed in the 
same items has been stored , which is used for testing or research for technological 
restriction measures ; or the act of providing  the program or the code  through a 
telecommunications line ; or the act of providing a service prescribed in those  items, 
which is conducted for testing or research on technological restriction measures . 
 (2) A person whose business interests have been infringed or are likely to be 
infringed through any of the acts set  forth  in item (ii) or (iii) of the preceding 18 
 paragraph may request the person specified in each of the following items for the 
classification of acts set forth  in the relevant item, to use an appropriate indication 
in order to prevent confusion with their  own goods or business:  
 (i) acts set forth  in item (ii) of the preceding paragraph: the person using their own 
name (including the person that personally  assigns, delivers, displays for the 
purpose of transfer  or delivery, exports, imports, or provides th rough a 
telecommunications line goods that use their own name); or  
 (ii) acts set forth  in item (iii) of the preceding paragraph: the person using the  
indication of goods or business  that is identical or similar to other person's  indication 
of goods or bus iness , and the person that has succeeded to a business regarding the  
indication of goods or business  (including the person that personally  assigns, 
delivers, displays for the purpose of transfer  or delivery, exports, imports or provides 
through a telecommu nications line, goods that use the indication of goods or 
business).  
 (Delegation to Cabinet Order)  
Article 19 -2 (1) Beyond  what is provided for in this Act, matters necessary for the 
adjustment of procedures between preservation for confiscation and a disposition of 
delinquency that relate to disposition of delinquency are  specified by Cabinet Order.  
 (2) Beyond  what is provided for in this Act, matters necessary for procedures 
concerning intervention of a third party and a judicial decision under Article 32, 
procedures concerning preservation of confiscation and preservation of collection of 
equivalent value  under Chapter VIII, and p rocedures for international mutual legal 
assistance under Chapter IX (excluding matters prescribed in the preceding 
paragraph ) are specified by the Rules of the Supreme Court.  
 (Transitional Measures)  
Article 20 If Cabinet Order s or Orders of the Ministry of Economy, Trade and 
Industry pursuant to the provisions of this Act are enacted, revised, or abolished, the 
Cabinet O rder o r Ministerial Order  may, to the extent deemed reasonably necessary 
for the enactment, revision or abolition, specify required transitional measures 
(including transitional measures concerning penal provisions).  
Chapter V Penal Provisions  
 (Penal Provisions ) 
Article 21 (1) A person that falls under any of the following items will be  punished by 
imprisonment with required labor for not more than ten years, a fine of not more 
than twenty million yen, or both:  
 (i) a person that acquires trade secrets  through a n act of f raud, etc. (meaning the 
act of deceiving, assaulting, or intimidating a person; the same appl ies in the 
following item ) or through the u surpation of m anagement (meaning the act of 
stealing assets, breaking into a facility, making u nauthorized access (meaning the 
act of unauthorized access prescribed in Article 2, paragraph (4) of the Unauthorized 
Computer Access Act (Act No. 128 of 1999)), or in any other way prejudicing the 19 
 management that the trade secret owner maintains; the same appl ies in the 
following item ) for the purpose of wrongful gain  or causing damage  to the trade 
secret owner ; 
 (ii) a person that uses or discloses trade secrets  acquired through an a ct of f raud, 
etc. or through the u surpation of m anagement, for the purpose of wrongful g ain or 
causing damage  to the trade secret owner ; 
 (iii) a person to whom the trade secret owner  has disclose d trade secrets , and who, 
for the purpose of wrongful gain  or causing damage  to the trade secret owner , 
obtains trade secrets  by any of the followin g means, in breach of the legal duties  
regarding the management of the trade secrets ; 
 (a) misappropriating a recording medium containing trade secrets , etc. (meaning a 
document, a drawing, or a reco rding medium on which trade secrets  are described or 
recorded; the same appl ies hereinafter in this item) or an object that represents 
trade secrets ; 
 (b) reproducing a description or a record from a r ecording medium containing trade 
secrets , etc., or an object that represents trade secrets ; 
 (c) not deleting a description or a record that should be deleted from a r ecording 
medium containing trade secrets , etc., and disguising this act as if the description or 
record in the recor ding medium containing the trade secrets , etc. had been deleted.  
 (iv) a person to wh om the trade secret owner  has disclosed the trade secrets  and 
who, for the purpose of wrongful gain  or causing damage  to the trade secret owner , 
uses or discloses trade secrets  obtained through the means set forth in "a"  through 
"c" of the preceding item, in breach of the legal duty regarding the management of 
the trade secrets ; 
 (v) a person that is the officer  (meaning a council member, director, executive officer, 
executive member, inspector or auditor, or other equivalent person; the same appl ies 
in the  following item) or employee of the trade secret owner , to whom the trade 
secret owner has disclosed the trade secrets  and who, for the purpose of wrongful 
gain or causing damage  to the trade secret owner , uses or discloses the  trade secrets , 
in breach of the legal duty regarding the management of the trade secrets  (excluding 
the person set forth  in the preceding item);  
 (vi) a person that was the officer  or employee of the trade secret owner , to whom the 
trade secret owner had disclosed trade secrets  and w ho, for the purpose of wrongful 
gain or causing damage  to the trade secret owner , has offered to disclose the  trade 
secrets , or received a request to use or disclose the  trade secrets , while holding that 
position , in breach of the legal duty regarding  the management of the trade secrets , 
and uses or discloses it after leaving that position (excluding the person set forth  in 
item (iv));  
 (vii) a person that , for the purpose of wrongful gain  or causing damage  to the trade 
secret owner , uses or discloses trade  secrets  acquired by a disclosure that constitutes 
an offence prescribed in item (ii) or the preceding three items or paragraph (3), item 20 
 (ii) (limited to the part regarding a disclosure that constitutes an offence prescribed 
in item (ii) and the preceding  three items);  
 (viii) a person that , for the purpose of wrongful gain  or causing damage  to the trade 
secret owner , uses or discloses trade secrets  acquired,  knowing that there has been 
an intervening disclosure that constitutes an offence prescribed in it em (ii) or items 
(iv) through the preceding item or paragraph (3), item (ii) (limited to the part 
regarding a disclosure that constitutes an offence prescribed in item (ii) or items (iv) 
through the preceding item); or  
 (ix) a person that , for the purpose of wrongful gain  or causing damage  to the trade 
secret owner , assigns, delivers, displays for the purpose of transfer  or delivery, 
exports, imports, or provides through a telecommunications line things  created by an 
act conducted  by the same  person or anot her person that constitutes an offence 
prescribed in item (ii) or items (iv) through the preceding item or paragraph (3), item 
(iii) (limited to an act of using a technical secret; hereinafter referred to as an " act of 
illegal use" in this item and paragra ph (1), item (ii) of the following Article) 
(excluding a person that has received the  things  by transfer  without knowing that 
the things  were created by an a ct of i llegal use and transferred , delivered, displayed 
for the purpose of transfer  or delivery, exported, imported, or provided through a 
telecommunications line).  
 (2) A person that falls under any of the following items will be  punished by 
imprisonment with work for not more than five years, a fine of not more than five 
million yen, or both:  
 (i) a p erson that, for a wrongful purpose , commits any act of unfair competition  set 
forth  in Article 2, paragraph (1), item (i) or ( xx); 
 (ii) a person that, for the purpose of wrongful gain  through the use of the reputation 
or fame of another person's famous  indication of goods or business , or for the purpose 
of injuring the  reputation or fame, commits any act of unfair competition  set forth  in 
Article 2, paragraph (1), item (ii);  
 (iii) a person that, for the purpose of wrongful gain , commits any act of unfair 
competition  set forth  in Article 2, paragraph (1), item (iii);  
 (iv) a person that , for the purpose of wrongful gain , or for the purpose of causing 
damage to another person that is using technological restriction measures  for their  
business purposes, commi ts any act of unfair competition  set forth  in Article 2, 
paragraph (1), item (x vii) or (x viii);  
 (v) a person that makes a false indication on goods or services or in an 
advertisement thereof or in trade documents, or electronic correspondence, that is 
likely to mislead  as to the place of origin, quality, contents, manufacturing process, 
purpose , or quantity of the  goods, or the quality, contents, purpose, or quantity of the  
services (excluding a person set forth  in item (i));  
 (vi) a person that violates a  protective order ; or 
 (vii) a person that violates any of the  provision s of Article 16, 17, or 18, paragraph 21 
 (1). 
 (3) A person that falls under any of the following items will be  punished by 
imprisonment with work for not more than ten years, a fine of n ot more than thirty 
million yen, or both:  
 (i) a person that commits offences prescribed in paragraph (1), item (i) or (iii) for the 
purpose of use outside Japan;  
 (ii) a person that makes a disclosure that constitutes offences prescribed in 
paragraph (1),  item (ii) or items (iv) through (viii) knowing that the receiving party 
has the purpose of use outside Japan that constitutes  the offences; or  
 (iii) a person that uses trade secrets  of the trade secret owner  conducting business 
within Japan in a way that  constitutes offences outside Japan prescribed in 
paragraph (1), item (ii) or items (iv) through (viii).  
 (4) An attempt of offences prescribed in paragraph (1) (excluding item (iii)) and 
items (i) (excluding the part regarding paragraph (1), item (iii)), (ii), and (iii) of the 
preceding paragraph will be  punished.  
 (5) The offences prescribed in paragraph (2), item (vi) may not be prosecuted 
without a complaint.  
 (6) The offences prescribed in each item of paragraph (1) (excluding item (ix)), 
paragraph (3) , item (i) or (ii) or paragraph (4) (excluding the part  regarding 
paragraph (1), item (ix)) also apply to a person that commits the offences outside 
Japan in connection with trade secrets  of the trade secret owner conducting business 
within Japan.  
 (7) The  offence prescribed in paragraph (2), item (vi) also applies  to a person that 
commits the offence outside Japan.  
 (8) The offence prescribed in paragraph (2), item (vii) (limited to the part under 
Article 18, paragraph (1)) will be  governed by Article 3 of  the Penal Code (Act No. 45 
of 1907).  
 (9) The provisions of paragraphs (1) through (4) do not preclude the application of 
penal provisions under the Penal Code or any other Act.  
 (10) The assets  set forth  in the following items may be confiscated:  
 (i) assets resulting from or acquired  by means of a criminal acts, or acquired as 
reward for the criminal acts which constitute the offences prescribed in paragraphs 
(1), (3), and (4); and  
 (ii) assets acquired as profits  from the  assets set forth  in the precedi ng item, assets 
acquired as consideration for the assets set forth  in the same item, assets received  in 
exchange for such assets, and other assets  acquired pursuant to the holding or 
disposition of the assets set forth  in the same item.  
 (11) The provision s of Articles 14 and 15 of the Act on Punishment of Organized 
Crime and Control of Crime Proceeds (Act No. 136 of 1999; hereinafter referred to as 
the "Organized Crime Punishment Act") apply mutatis mutandis to the confiscation 
under the preceding paragraph. In such a case, "each item of paragraph (1) or each 22 
 item of paragraph (4) of the preceding Article" in Article 14 of the Organized Crime 
Punishment Act will be  replaced with "each item of Article 21, paragraph (10) of the 
Unfair Competition Prevention A ct". 
 (12) When the assets set forth  in each item of paragraph (10) cannot be confiscated 
or it is deemed  inappropriate to confiscate the  assets due to their  nature , the 
condition of its use, existence or non -existence of rights of any person other than th e 
offender regarding the  assets or other circumstances, the equivalent value thereof 
may be collected from the offender.  
Article 22 (1) When the representative of a corporation , or the agent, employee, or 
other worker of a corporation  or of any person has committed a violation set forth  in 
any of the provisions of the following items with regard to the business of the  
corporation  or the person, in addition to the offender being subject to punishment, 
the corporation s will be  punished by the fine prescribed in the relevant  items, and 
the person will be  punished by the fine prescribed in the relevant Article:  
 (i) paragraph (3), item (i) of the preceding Article (limited to the part regarding 
paragraph (1), item (i) of the same Article), (ii) (limited to the p art regarding 
paragraph (1), items (ii), (vii), and (viii) of the same Article), or (iii) (limited to the 
part regarding paragraph (1), items (ii), (vii), and (viii) of the same Article) or 
paragraph (4) (limited to the part regarding paragraph (3), item ( i) (limited to the 
part regarding paragraph (1), item (i) of the same Article), (ii) (limited to the part 
regarding paragraph (1), items (ii), (vii), and (viii) of the same Article) and (iii) 
(limited to the part regarding paragraph (1), items (ii), (vii),  and (viii) of the same 
Article) of the same Article) of the same Article  - a fine not more than one billion yen;  
 (ii) paragraph (1), item (i), (ii), (vii), (viii), or (ix) (excluding cases where a person 
that has committed an a ct of i llegal use concernin g the offences prescribed in items 
(iv) through (vi) of the same paragraph or paragraph (3), item (iii) of the preceding 
Article (limited to the part regarding paragraph (1), items (iv) through (vi) of the 
same Article) (hereinafter referred to as a "s pecified act of i llegal use" in this item 
and paragraph (3)) falls under the category ) or paragraph (4) (limited to the part 
regarding paragraph (1), item (i), (ii), (vii), (viii), or (ix) of the same Article 
(excluding cases where a person that has committed a specified act of i llegal use falls 
under the category) ) of the same Article -  a fine not more than five hundred million 
yen; 
 (iii) paragraph (2) of the preceding Article -  a fine not more than three hundred 
million yen.  
 (2) In a case referred to in the  preceding paragraph, a complaint prescribed in 
paragraph (5) of the preceding Article which is filed against the offender for an 
offence prescribed in paragraph (2), item (vi) of the same Article also has  effect with 
respect to the corporation  or the pers on, and a complaint filed against the 
corporation  or the person also ha s effect with respect to the  offender.  
 (3) The period of prescription for the punishment  by fine to which a corporation  or 23 
 person is subject pursuant to the provisions of paragraph (1)  in regard to violation 
under paragraph (1), item (i), (ii), (vii), (viii), or (ix) ( excluding cases where a person 
that has committed a s pecified act of i llegal use falls under the category), paragraph 
(2), paragraph (3), item (i) (limited to the part reg arding paragraph (1), item (i) of 
the preceding Article), (ii) (limited to the part regarding paragraph (1), item (ii), (vii), 
or (viii) of the same Article), or (iii) (limited to the part regarding paragraph (1), item 
(ii), (vii), or (viii) of the same Ar ticle) or paragraph (4) (limited to the part regarding 
paragraph (1), item (i), (ii), (vii), (viii), or (ix) of the same Article  (excluding cases 
where a person that has committed a s pecified act of illegal use falls under the 
category) or paragraph (3), i tem (i) (limited to the part regarding paragraph (1), item 
(i) of the same Article), (ii) (limited to the part regarding paragraph (1), item (ii), (vii), 
or (viii) of the same Article), or (iii) (limited to the part regarding paragraph (1), item 
(ii), (vii), or (viii) of the same Article) of the same Article)  of the same Article, is the 
same as that for the offences referred to in the provisions of the same Article.  
Chapter VI Special Provisions on Criminal Proceedings  
 (Protective Rulings for Trade Secrets ) 
Article 23 (1) When the court is handling a case involving a crime prescribed in 
Article 21, paragraph (1), (3) or (4) or a crime prescribed in paragraph (1) of the 
preceding Article (excluding item (iii)), the victim, the victim's statutory agent, or 
the attorney entrusted by either of these persons files a petition not to reveal a 
matter in open court that will identify all or part of the information that constitutes 
the trade secrets  regarding the case, and the court finds it to be appropriate, upon 
hearing the opinions of the accused or defense counsel, the court may rule that the 
matters will not be revealed in open court, and set  the scope for this.  
 (2) The petition referred to in the preceding paragraph must be made to the public 
prosecutor in adva nce. In such a case, the public prosecutor is to notify the court of 
this together with the prosecutor's opinion.  
 (3) When the court is handling a case prescribed in paragraph (1) and the public 
prosecutor, the accused, or defense counsel files a petition  to not  reveal a matter in 
open court that would allow all or part of the information that constitutes trade 
secrets  held by the accused or other persons to be identified, if the court finds that 
the matter is indispensable as proof of the offence or for t he defense of the accused 
but that there is a risk that revealing the matter in open court would significantly 
hinder the accused's or other persons' business activities that are based on trade 
secrets , and if the court finds it to be appropriate, upon hearing the opinions of the 
opponent, the court may rule that the  matters will not be revealed in open court, and 
set the  scope for  this.  
 (4) When the court has made a ruling prescribed in paragraph (1) or the preceding 
paragraph (hereinafter referred to as a "protective ruling "), and the court finds it to 
be necessary, upon hearing the opinions of the public prosecutor and the accused or 
defense counsel, the court may decide, in a ruling, on a term of address or other 24 
 expression , to use in lieu of the name o r other expression for the matter that allows 
trade secrets  to be identified (" matter that allows  trade secrets  to be identified " 
means a matter that allows all or part of the information that constitutes trade 
secrets  to be identified, which will not  be revealed in open court pursuant to a 
protective ruling ; the same appl ies hereinafter).  
 (5) If the court has issued a protective ruling  but has come to find that it is 
inappropriate for the matter that allows  trade secrets  to be identified  not to be 
reveale d in open court, or the case has no longer come under the case prescribed in 
paragraph (1) because applicable penal statutes have been withdrawn or altered 
pursuant to Article 312 of the Code of Criminal Procedure (Act No. 131 of 1948), the 
court must in a ruling rescind all or part of the protective ruling  and the all or part of 
the ruling prescribed in the preceding paragraph regarding the  protective ruling  
(hereinafter referred to as a "ruling on a term of address , etc.") .  
 (Special Provisions on the Manner of Reading Out Charging Instruments ) 
Article 24 If a protective ruling  has been issued, the charging instrument  must be 
read out, under Article 291, paragraph (1) of the Code of Criminal Procedure, in a 
manner that does not reveal the matter that allo ws trade secrets  to be identified . In 
this case, the public prosecutor must show the charging instrument  to the accused.  
 (Limiting Examinations) 
Article 25 (1) If a protective ruling  has been issued and examinations or statements 
by persons concerned in the case include the matter that allows  trade secrets  to be 
identified , unless limiting the  examinations  or statements could materially interfere 
with proof of the offence or could be substantially detrimental to the defense of the 
accused, the presiding ju dge may limit the  questions or statements. The same 
applies to questions for the accused by persons concerned in the case.  
 (2) The provisions of Article 295, paragraphs ( 5) and ( 6) of the Code of Criminal 
Procedure apply mutatis mutandis when the public prosecutor or attorney acting as 
defense counsel has disobeyed  an order under the provisions of the preceding 
paragraph.  
 (Examination of Witnesses on Day s Other Than Trial Date s) 
Article 26 (1) When the court has issued a protective ruling , if the court ex amines a 
witness, expert, interpreter, or translator, or if the accused makes a statement 
voluntarily; and, upon hearing the opinions of the public prosecutor and the accused 
or defense counsel, the court finds that there is a risk that examinations or 
statements of the witness, the expert, the interpreter, or the translator, or questions 
for the accused or statements of the accused will include m atter s that allow trade 
secrets  to be identified  and that revealing the  matter s in open court would 
significantly hinder the victim's, accused's, or other persons' business activities 
based on the trade secrets ; and the court finds that doing so is unavoidable in order 
to prevent the risk, the court may conduct the  examination or the proceedings for 
asking the accus ed questions provided in Article 311, paragraphs (2) and (3) of the 25 
 Code of Criminal Procedure on a day other than a trial date.  
 (2) The provisions of Article 157, paragraphs (1) and (2), Article 158, paragraphs (2) 
and (3), Article 159, paragraph (1), Ar ticle 273, paragraph (2), Article 274 and Article 
303 of the Code of Criminal Procedure apply mutatis mutandis to the proceedings for 
asking for a statement of the accused under the provisions of the preceding 
paragraph. In this case, the phrase "the accus ed or defense counsel" in Article 157, 
paragraph (1), Article 158, paragraph (3) and Article 159, paragraph (1) of the Code 
of Criminal Procedure will be  replaced with "defense counsel, the co -defendants, or 
their defense counsel"; "the accused and defense  counsel" in Article 158, paragraph 
(2) of the same  Code will be  replaced with "defense counsel, the co -defendants, and 
their defense counsel"; "the trial date" in Article 273, paragraph (2) of the same  Code 
will be  replaced with "the date of the proceedin gs for asking statements of the  
accused under the provisions of Article 26, paragraph (1) of the Unfair Competition 
Prevention Act"; "the trial date" in Article 274 of the same  Code will be  replaced with 
"the date, time, and location of the proceedings for  asking statements of the accused 
under the provisions of Article 26, paragraph (1) of the Unfair Competition 
Prevention Act"; "documents which contain the results of the examination of 
witnesses or other persons, inspections, seizure or search, and object s seized" in 
Article 303 of the same  Code will be  replaced with "documents which contain the 
results of the proceedings for asking statements of the  accused under the provisions 
of Article 26, paragraph (1) of the Unfair Competition Prevention Act"; and 
"documentary or material evidence" in the same Article will be  replaced with 
"documentary evidence".  
 (Order to P roduce or Show Document s that Outline Matters for Examination ) 
Article 27 If the court finds it to be necessary in issuing a ruling on a term of address , 
etc. or in deciding that the examination or the proceedings for  asking statement s of 
the accused  will be conducted on a day other than a trial date pursuant to the 
provision s of the preceding Article , paragraph  (1), the court may order the public 
prosecutor and the accused  or defense counsel  to produce a document that outlines 
the matters involved  in the  examination or state ments  to be made by the persons 
concerned in the case  or the questions for  the accused . 
 (Special Provisions on  the Manner of  Reading Out Documentary Evidence)  
Article 28 If a protective ruling  has been issued , the documentary evidence must be 
read out, under  the provision s of Article 305 paragraph (1) or (2) of the Code of 
Criminal Procedure , in a manner that  does not reveal  the matter that allows trade 
secrets  to be identified . 
 (Ruling s in Pretrial Conference Procedures ) 
Article 29 The following acts may be taken in pretrial conference procedures  and 
interim conference procedures : 
 (i) a protective ruling , a ruling on a term of  address , etc., or a ruling rescind ing 
these rulings; or  26 
  (ii) a decision that the examination or the proceedings for asking statement s of the 
accused will be conducted on a day other than a trial date pursuant to the provision s 
of Article 26 , paragraph  (1). 
 (Request s for Protective  Handling  of Trade Secret s in the Disclosure of E vidence)  
Article 30 (1) If the public prosecutor or defense counsel finds that, in providing an 
opportunity to inspect documentary or material evidence pursuant to the provisions 
of Article 299, paragraph (1) of the Code of Criminal Procedure in a case prescribed 
in Article 23, paragraph (1), there is a risk that revealing a matter that allows all or 
part of the information that constitutes trade secrets  to be identified as prescri bed in 
Article 23, paragraph (1) or (3) would significantly hinder the victim's, accused's, or 
other persons' business activities based on the trade secrets , the public prosecutor or 
defense counsel may notify the opponent of this risk and request that the  
opportunity be provided in such a way that the parties concerned (including the 
accused) do not learn of the  matters, unless the same  matters are necessary for proof 
of the offence or investigation of the offence, or for the defense of the accused; 
provid ed, however, that for a request that the opportunity be provided in such a way 
that the accused does not learn of the  matters, this is limited solely to matters that 
are not written in the charging instrument . 
 (2) The provision s of the preceding paragraph  apply mutatis mutandis if the public 
prosecutor or defense counsel  discloses evidence under  the provisions of Part II, 
Chapter III, Section 2, Subsection 1, Division 2 of the Code of Criminal Procedure 
(including as applied mutatis mutandis  pursuant to th e provision s of Article 316 -28, 
paragraph  (2) of the same  Code).  
 (Delegation to Rules of the Supreme Court)  
Article 31 Beyond  what is provided for in this Act, matters necessary for  the 
enforcement of the provisions referred to in  Article 23  through the p receding Article 
are specified by Rules of the Supreme Court.  
Chapter VII Special Provisions on  Procedures Concerning Confiscation  
 (Procedures for Confiscation of Assets  of Third Part ies) 
Article 32 (1) If a claim , etc. (meaning assets other than real assets  and movables; 
the same appl ies in Article 34) which are the assets set forth  in each item of Article 
21, paragraph (10) belongs to a person other than the accused (hereinafter referred 
to as a " third party" in this Article), and the t hird party is not allowed to participate 
in the proceedings of the case under public prosecution, a judicial decision for 
confiscation may not be made.  
 (2) The provisions of the preceding paragraph also apply if the assets on which 
there exists superficies, a mortgage, or any other rights of a t hird party are to be 
confiscated pursuant to  the provisions of Article 21, paragraph (10) and the t hird 
party is not allowed to participate in the proceedings of the case under public 
prosecution.  
 (3) The provisions of Article 18, p aragraphs (3) through (5) of the Organized Crime 27 
 Punishment Act apply mutatis mutandis to  cases where the assets on which there 
exists superficies, a mortgage, or any other rights of a t hird party are to be 
confiscated and the relevant rights should contin ue to exist pursuant  to the 
provisions of Article 15, paragraph (2) of the Organized Crime Punishment Act as 
applied mutatis mutandis pursuant to Article 21, paragraph (11).  
 (4) Beyond  the matters otherwise provided by this Act, the provisions of the Act on 
Emergency Measures in Criminal Procedure to Confiscate Items Owned by Third 
Parties (Act No. 138 of 1963) apply mutatis mutandis to the procedures for 
confiscation of assets prescribed in paragraphs (1) and (2).  
 (Disposition of Confiscated Claims) 
Article 33 The provisions of Article 19 of the Organized Crime Punishment Act apply 
mutatis mutandis to the confiscation under Article 21, paragraph ( 10), and the 
provisions of Article 20 of the Organized Crime Punishment Act apply mutatis 
mutandis to case s where the registration of a transfer of rights is to be made  
commissioned  to the relevant organization based on a judicial decision to confiscate 
the assets for which registration is required in the case of transfer of its rights. In 
such a case, " Section 1 of the following Chapter " in the same Article will be  replaced 
with "Chapter VIII of the Unfair Competition Prevention Act".  
 (Special Provisions on  Criminal Compensation) 
Article 34 The provisions of Article 4, paragraph (6) of the Criminal Compensation 
Act (Act No. 1 of 1950) apply mutatis mutandis to the contents of compensation 
under the same Act with regard to the execution of confiscation of claim s, etc.  
Chapter VIII Procedures for Preservation  
 (Order for Provisional Remedy in Anticipation of Confisc ation)  
Article 35 (1) With regard to case s under public prosecution concerning the offence s 
prescribed in Article 21, paragraphs (1), (3), and (4), if a court finds that there is 
probable cause to consider that the relevant assets are those which may be 
confiscated pursuant to paragraph (10) of the same Article ( hereinafter referred to as 
the " assets to be confiscated ") and it is necessary for the confiscation of the  assets , 
the court may , at the request of a public prosecutor or by its own authority  issue an 
order for provisional remedy in anticipation of confiscation  to prohibit the 
disposition of the  assets.  
 (2) If a court has issued or intends to issue an order for provisional remedy in 
anticipation of confiscation with regard to assets on which there e xists superficies, a 
mortgage, or any other rights, if the court finds that there is  probable cause  to 
consider that the  rights will be extinguished through the confiscation and it is 
necessary for the confiscation of the assets, or if the court finds that  there is probable 
cause  to consider that the  rights are fake, the court may , at the request of a public 
prosecutor or by its own authority  issue an incidental order for provisional remedy 
separately to prohibit the disposition of the  rights.  
 (3) If a judge finds that there are the grounds and necessity prescribed in the 28 
 preceding two paragraphs, even before the institution of prosecution, the judge may 
conduct the disposition prescribed in the preceding two paragraphs at the request of 
a public prosecutor  or a judicial police officer (with regard to judicial police officer s 
that are police officer s, limited to a person that is a police inspector or in a higher 
rank designated by the National Public Safety Commission or the Prefectural Public 
Safety Commiss ion). 
 (4) Beyond  what is provided for in the preceding three paragraphs, the disposition 
under these provisions are  governed by the provisions  of the prohibition of the 
disposition pursuant to the order for provisional remedy in anticipation of 
confiscati on and the incidental order for provisional remedy under Chapter IV, 
Sections 1 and 3 of the Organized Crime Punishment Act.  
 (Order for Provisional Remedy in Anticipation of Collection  of Equivalent Value ) 
Article 36 (1) With regard to cases  under public prosecution concerning the offence s 
prescribed in Article 21, paragraphs (1), (3), and (4), if a court finds that there is 
probable cause  to consider that collection  of equivalent value  should be conducted 
pursuant to paragraph (12) of the same Article  and there is a likelihood that it will 
be impossible  or extreme ly difficult to execute a judicial decision on collection  of 
equivalent value , the court may , at the request of a public prosecutor or by its own 
authority  issue a n order for provisional remedy in  anticipation of collection  of 
equivalent value  to prohibit the accused from dispos ing of  the assets . 
 (2) If a judge finds that there are the grounds and necessity prescribed in the 
preceding paragraph, even before the institution of prosecution, the judg e may , at 
the request of a public prosecutor  conduct the disposition prescribed in the same 
paragraph . 
 (3) Beyond  what is provided for in the preceding two paragraphs, the disposition 
under these provisions is  governed by the provisions  of the prohibition  of the 
disposition pursuant to the order for provisional remedy  in anticipation of collection 
of equivalent value  under Chapter IV, Sections 2 and 3 of the Organized Crime 
Punishment Act.  
Chapter IX Procedures for International Mutual Legal Assistance in the Execution 
of Judicial Decision s and Preservation for Confiscation and Collection  of Equivalent 
Value  
 (Provision of Mutual Assistance)  
Article 37 (1) If a foreign state makes a request for assistance for  execution of a final 
and binding decision on con fiscation or collection  of equivalent value , or preservation 
of assets for confiscation or collection of equivalent value with regard to a criminal 
case of the relevant  foreign state ( limited to cases  where the act constituting the 
offence  which is alleged  to have been committed in the  case constitutes the offence s 
prescribed in Article 21, paragraph (1), (3), or  (4) if the act were to be committed in 
Japan ), unless the relevant case falls under any of the following items, assistance 
may be provided for the  request:  29 
  (i) when it would be deemed impossible to impose a punishment under Japanese 
laws and regulations  if the act constituting the offence for which assistance is 
requested (meaning an offence which is alleged to have been committed in a request 
for assistance; the same appl ies hereinafter in this paragraph) were to be committed 
in Japan ; 
 (ii) when a case constituting the offence  for which assistance is r equested is 
pending before a Japanese court, or when a final and binding judgment  has been 
issued  thereon by a Japanese court;  
 (iii) with regard to assistance for  execution of a final and binding decision  
concerning confiscation or assistance through  preservation for confiscation, when 
the assets regarding the request would not be subject to a judici al decision on 
confiscation or preservation for confiscation concerning the offence for which 
assistance is requested under Japanese laws and regulations , if the act constituting 
the offence for which a ssistance is r equested were to be committed in Japan ; 
 (iv) with regard to assistance for  execution of a final and binding decision  
concerning collection of equivalent value or assistance through  preservation for 
collection  of equivalent value , when the case would not be one that a court may issue  
a judicial decision on collection of equivalent value  or preservation for collection  of 
equivalent value  concerning the offence for which a ssistance is r equested under 
Japanese laws and regulations , if the act constituting the o ffence for which 
assistance is r equeste d were to be committed in Japan ; 
 (v) when it is deemed that, with respect to assistance for  execution of a final and 
binding decision  concerning confiscation , a person that has probable cause  to 
consider that the person has the assets regarding the reques t or superficies, a 
mortgage, or any other rights thereon, or with respect to assistance for execution of a 
final and binding decision  concerning  collection  of equivalent value , a person that is 
subject to the  judicial decision , was unable to claim the  person's rights in the 
proceedings for the judicial decision  due to grounds not attributable to the  person; or  
 (vi) with regard to assistance through  preservation for confiscation or collection  of 
equivalent value , except for a request based on a judicial de cision on preservation for 
confiscation or collection  of equivalent value  which was rendered by a court or a 
judge of a requesting country or a  request after the final and binding decision  on 
confiscation or collection  of equivalent value , when there is no  probable cause  to 
suspect that the act constituting the o ffence for which a ssistance is r equested has 
been committed or when it is deemed that there are no grounds prescribed in Article 
35, paragraph (1) or paragraph (1) of the preceding Article  if the act were to be 
committed in Japan . 
 (2) In providing assistance for execution of a final and binding decision  on 
confiscation regarding assets on which there exists superficies, a mortgage, or any 
other rights, if the  right was to be  continued to exist s upon  confiscation of the  assets  
under Japanese laws and regulations, the rights will continue  to exist . 30 
  (Confiscation Considered  as Collection  of Equivalent Value ) 
Article 38 (1) In cases of a request for assistance for  execution of a final and binding 
decisi on to confiscate , in lieu of assets set forth  in each item of Article 21, paragraph 
(10), assets whose value is equivalent to the value of the  assets and which is held by 
a person that was subject to the  judicial decision, the final and binding  decision  will 
be a final and binding decision  to collect the value of the assets from the person , in 
providing assistance pursuant to this Act.  
 (2) The provisions of the preceding paragraph apply mutatis mutandis to a request 
for assistance through  preservation for confiscation of assets, in lieu of the assets set 
forth  in each item of Article 21, paragraph (10), whose value is equivalent to the 
value of the assets.  
 (Transfer of Assets in Providing Assistance to a Requesting Country)  
Article 39 If a foreign state , which has made a request for assistance for execution of 
a final and binding decision on confiscation or collection of equivalent value 
prescribed in Article 37, paragraph (1) , makes a request for transfer of assets or an 
equivalent sum of money in providi ng the assistance, all or part of the assets or an 
equivalent sum of money may be transferred.  
 (Treatment of Assistance Pursuant to the Organized Crime Punishment Act)  
Article 40 Beyond  what is provided for in the preceding three Articles, assistance 
under  Article 37 and transfer under the preceding Article is  governed by the 
provisions of assistance and transfer under Chapter VI of the Organized Crime 
Punishment Act.  
Supplementary Provisions [Extract]  
 (Effective Date) 
Article 1 This Act come s into effect on the day specified by Cabinet Order, within a 
period not exceeding one year from the day of its promulgation.  
 (Transitional Measures)  
Article 2 Except as otherwise provided, the provisions of the post -revis ed Unfair 
Competition Prevention Act (hereinafter referred to as the "new Act") also apply to 
matters that arose before this Act came into effect; provided, however, that this does 
not preclude any effect that had arisen based on the pre -revised Unfair Competition 
Prevention Act (hereinafter referred to as the " former Act").  
Article 3 The provisions of Article 3, the main clause of Article 4, and Article 5 do not 
apply  to the continuation of any of the following acts that commenced before this Act 
came into effect:  
 (i) an act that falls under the act s et forth  in Article 2, paragraph (1), item (ii) 
(excluding an act that falls under item (i) of the same paragraph); or  
 (ii) among the acts set forth  in Article 2, paragraph (1), item ( xx), the act of using an 
indication on services,  in an advertisement th ereof , or in trade documents or 
electronic correspondence  thereof,  in a way that is likely to mislead  as to the quality, 
contents, purpose, or quantity of the services, or the act of providing services while 31 
 using the indication.  
Article 4 The provisions o f Articles 3  through 5, Article 14, and Article 15 , paragraph 
(1) do not apply  to acts of unfair competition  set forth  in Article 2, paragraph (1), 
items (iv) through (vi), item (viii), and item (ix) in connection with an act of wrongful 
acquisition of tra de secret s prescribed in item (iv) of the same paragraph or an act of 
improper disclosure  of trade secrets  prescribed in item (viii) of the same paragraph 
that took place before June 15, 1991, if the  acts of unfair competition  are committed 
on or after the  date (excluding an act that falls under the following items), or to the 
continuation of the act of using trade secrets  prescribed in item (vii) of the same 
paragraph that commenced before the  date:  
 (i) the act of disclosing trade secrets  as prescribed in  Article 2, paragraph (1), items 
(iv) through (vi), item (viii), and item (ix); or  
 (ii) the act of acquiring trade secrets  as prescribed in Article 2, paragraph (1), item 
(v) and (viii), and the act of using trade secrets  acquired through the  act. 
Article  5 The provisions of Article 7 of the new Act  apply to litigation filed after this 
Act comes into effect, and with regard to litigation filed before this Act comes into 
effect, prior provisions are to continue to apply . 
Article 6 The provisions of Article 14 do not apply  to the continuation of an act that 
falls under the act set forth  in Article 2, paragraph (1), item (ii) or (xx) that 
commenced before this Act comes into effect (excluding an act that falls under item 
(i) of the same paragraph).  
Article 7 A  person that has obtained permission as prescribed in Article 4, 
paragraphs (1)  through (3) or Article 4 -2 of the former Act before this Act comes into 
effect is deemed to have obtained a permission respectively prescribed in the 
provisos to Article 16, pa ragraphs (1)  through (3) or the proviso to Article 17 of the 
new Act . 
Article 8 The provisions of Article 16 of the new Act  do not apply  to a person that has 
obtained the permission prescribed in Article 4, paragraph (4) of the former Act as of 
the time th is Act comes into effect.  
Article 9 The provisions of Article 17 of the new Act  do not apply  to the continuation 
of anything that falls under the category of the act of using a marking similar to that 
of an international organization  (excluding a marking  identical or similar to the 
emblem, flag, or other insignia, abbreviation, or name of an international 
intergovernmental organization that is designated by the competent minister as 
prescribed in Article 4 -2 of the former Act; hereinafter referred to as the  "marking 
similar to that of a private international organization ") as a trademark , or the act of 
transferring , delivering, displaying for the purpose of transfer  or delivery, exporting, 
importing, providing through a telecommunications line  goods that use  a marking 
similar to that of a private international organization  as a trademark  or providing 
services using a marking similar to that of a private international organization  as a 
trademark , which is prescribed in Article 17 of the new Act , if the  act commences  32 
 before this Act comes into effect.  
Article 10 The provisions of Article 21 (excluding the part under Article 21, 
paragraph (2), item (vi i)) and Article 22 do  not apply  to the continuation of an act 
that falls under the act set forth  in the Supplemen tary Provisions of this Act , Article 
3, item (ii), if the  act commenced before this Act comes into effect.  
Article 11 With regard to a request prescribed in Article 3 of the former Act made by 
a foreign national prescribed in the same Article against an ac t that was committed 
before this Act comes into effect, prior provisions are to continue to apply . 
 (Transitional Measures for the Application of Penal Provisions)  
Article 13 With regard to application of penal provisions to an act that was 
committed before this Act comes into effect, prior provisions are to continue to apply . 
 (Delegation to Cabinet Order)  
Article 14 Beyond  what is provided for in the Supplementary Provisions of this Act , 
Articles 2  through 11 and Article 13, the transitional measures nece ssary for 
enforcement of this Act are specified by Cabinet Order.