1 
  
 
 
 
 
 
 
 
 
 
 
不正競争防止法（平成五年五月十九日法律第四十七号）  
Unfair Competition Prevention Act (Act No. 47 of May 19, 
1993)  
目次 
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 Prohibited 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 2 3 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 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３０
年１１月２９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 
prep ared (up to the revisions of Act No. 33 of 2018  (Effective November  29, 
2018)). 
  This is an unofficial translation. Only the original Japanese texts of laws and 
regulations have legal effect, and the translations are to be used solely as 
reference materia l to aid in the understanding of Japanese laws and regulations.  
  The Government of Japan shall not be responsible for the accuracy, 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 interpreting and applying law to any legal issue or dispute, users 
should consult the original Japanese texts published in the Official Gazette.  2 
 Judicial Decisio n and in Preservation , for Confiscation and Collection  of Equivalent 
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 comp etition and for the compensation 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 t he 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, trademark , 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 go ods or business  that is well -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 of 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 providing 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 disclosing (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 
Provi sions , Article 4, item (i) ) trade secrets  acquired  through an act of wrongful 
acquisition of trade secret s; 
 (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 w rongful 
acquisition of trade 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 secret s 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 secret s; 
 (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 p urpose of wrongful 
gain, or causing 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 secre ts (meaning , in the case prescribed 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 intervening act of improper disclosure  
of trade secret s with regard to  the relevant  trade secret s, 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 secret s or that there had 
been an intervening act of improper disclosure  of trade sec rets with regard to the 
relevant  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 (limited  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 rec eiving the things  by 
transfer , had no knowledge  that the y were created  by an act of unauthorized use, 
and such lack of knowledge was not due to  gross negligence )); 
  
 (xi) the act of transferring , delivering, displaying for the purpose of transfer  or 
deliv ery, 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 
informatio n (limited to information 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 sens es 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 technologica l restriction measures  that are used for business  purposes  4 
 (excluding technological restriction measures  used by another person to restrict all 
but specific persons from viewing images , hearing sound s, 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  (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 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 pos sible 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 restrictio n measures ; 
 (xii) the act of transferring , delivering, displaying for the purpose of transfer  or 
delivery, exporting or importing , other than  to specific  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 sound s, 
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 specific persons from viewing images , 
hearing sound s, running program s, or processing information,  or recording imag es, 
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 c 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 
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 restriction 
measures , other than to specific persons ; 
 (xiii) the act of acquiring or holding a right to use  a domain name  that is identical 
or similar to another person's s pecific 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 any  of suc h domain name , for 
the purpose of wrongful gain or causing damage to another person;  5 
  (xiv) 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 likel y 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 transfe r or delivery, 
exporting, importing , or providing  through a telecommunication s line goods so 
indicated , or the act of providing services so indicated ; 
 (xv) the act of making or circulating false allegation s that harm  the business 
reputation of another per son that is a business competitor ; 
 (xvi) 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  
(the right is limited to a right that is equiv alent to a trademark  right; hereinafter 
simply referred to as a " right" 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 Trademark A ct (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 cons titutes  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, i mport 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 servi ces 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 Article 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 Ac t 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 " technological restriction measures " as used in this Act means 
measures  which restrict images from being viewed,  sound s from being heard , 6 
 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 recordi ng 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, 
programs, or any other information ; the same appl ies hereinafter  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.  
 (8) The term " program " as used in this Act means  a set of  instructions to a computer 
so that a specific result  can be obtained . 
 (9) The term " domain name " as used in this Act means letters, numbers, signs , or 
other symbols or a combi nation thereof that correspond to the combination of 
numbers, signs, letters  assigned to identify individual computer s on the Internet.  
 (10) The term " things " as used in this Act includes program s. 
Chapter II Claims  for Injunction s and Compensation for Lo ss or Damage  
 (Right to Claim for an Injunction)  
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 cl aim 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  nece ssary  for suspen ding  or preventi ng the 
infringement.  
 (Compensation for Loss or Damage)  
Article 4 A person who intentionally or negligently infringes on the business 
inter ests of another person through u nfair competition is held liable to compensate 
damage s resulting therefrom; provided, however, that this Article does not apply to 
damages r esulting from the act of using t rade secrets after the rights prescribed in 
Article 15 have extinguished pursuant to the same Article.  
 (Presumption of Amount s for Damag es) 
Article 5 (1) When a person whose business interests have been infringed due to the 
unfair competition listed in Article 2, paragraph (1), items (i) to (x) or (xvi) (with 
regard to the unfair competition listed in items (iv) to (ix) of the sam e paragra ph, 
limited to unfair c ompetition that involves a technical s ecret) (hereinafter referred 
to as the "infringed party" in this paragraph) makes a claim for compensation for 
damages suffered due to the infringement, from a person who has intentionally or 7 
 negligently infringed on the business interests, if the infringer has transferred 
things that constituted the act of inf ringement, the quantity of the t hings 
transferred (hereinafter referred to as the "transferred quantity" in this paragraph) 
multiplied by t he am ount of profit per unit of the t hings that the infringed party 
could have sold in the absence of the act of infringement may be fixed as the amount 
of damages suffered by the infringed party, within the limits of an amount 
proportionate to the infring ed party's ability to sell or con duct other acts concerning 
the t hings; provided, however, that if there are circumstances that would have 
prevented the infringed party from selling a number of things equivalent to all or 
part of the transferred quantity, an amount proportionate to the number of t hings 
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  compensation 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 infringe d on has suffered . 
 (3) A person whose business interests hav e been infringed on due to the u nfair 
competition listed in Article 2, paragraph (1), items (i) to (ix), (xiii) or (xvi) may make 
a claim for compensation for damages against a person who has int entionally 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 i tems for the classification  of 
unfair competition listed 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  perta ining to the infringement;  
 (iv) unfair competition listed in Article 2, paragraph (1), item (xiii) - use of a domain 
name pertaining to the infringement; and  
 (v) unfair c ompetition listed in Article 2, paragraph (1), item (xvi) - use of a 
trademark perta ining 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 ) 8 
 Article 5 -2 If any of the act s prescribed  in Article 2, paragraph (1), item (iv), ( v), or 
(viii) (limited  to acts of acquiring trade secrets ) have been conducted with regard to a 
technical secret  (limited to a technical secret  regarding  manufacturing methods or 
other information specified by Cabi net Order ; the same appl ies hereinafter in this 
Article)  and a person that has conducted  the act produces  things  through using  
technical secret s, or conducts other  acts specified by Cabinet Order as that from 
which it  can be clearly understood that the technical 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  Specific  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 no t being 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 proving 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 fi nds it necessary for determining the presence of justifiable grounds 
as prescribed in the proviso to the preceding paragraph, it may have the holder of 
the documents present them. In such a case, no person may request 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 prescribed in the second sentence of the preceding 
paragraph and to hear opinions with regard to whether justifiable grounds 
prescribed in t he proviso to paragraph (1) are present, 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' agents (excluding counsel or assistants in court), 
employees, or ot her workers; the same applies hereinafter), their counsel, or their 
assistants in court.  
 (4) The provisions of the preceding three paragraphs apply mutatis mutandis to the 
presentation of the object of any inspection that is necessary for proving the act of 
infringement in litigation involving the infringemen t of business interests due to 
unfair competition.  9 
  
 (Expert Opinion s for the Calculation of Damages)  
Article 8 In litigation involving  the infringement of business interests due 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 . 
 (Determinati on of Reasonable 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 1 0 (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 secret s for any purpose other than conducting 
the litigation, or to disclose them  to any person other than one subject to  the order 
unde r this paragraph which relates to the trade secret s; provided, however, that this 
does not apply if the party, etc., counsel, or assistant in court had already acquired or 
owned the trade secret s 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 secret s owned by the party is written in an already -submitted  or a 
to-be-submitted  brief, or is included in the conte nts 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 sec rets under the 
preceding item are likely to become hindered by the use of the trade secret s for any 
purpose other than those for conducting the litigation or by the disclosure  of the 
trade secret s, and it is necessary to restrict the use or disclosure of the trade secret s 
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 person to whom the protective  order  would be issued;  
 (ii) facts that are sufficient for identifying the trade secret s that would be  made the 
subject of the protective order ; and  10 
  (iii) facts that fall within the grounds set forth  in the respective items of the 
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 protective 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 i n 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 judic ial 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 secret s 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 A rticle 92, paragraph (1) of the Code 
of Civil Procedure (Act No. 109 of 1996) 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 orders have been rescinded), and a party has requested to inspect, etc. a 
portion of the record that contains the secret prescribed under the same paragraph, 
if the person who followed the procedures for fi ling the request has not had a 
protective o rder issued against them in the litigation , the court clerk must, 
immediately after the request has been filed, notify the party who filed the motion 
under the same paragraph (excluding the person filing the request; the same applies 
in paragraph (3) of the fact that the request has been filed).  
 (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 11 
 same par agraph  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  
decision 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 who have filed a motion under Article 92, paragraph (1) of the 
Code of Civil Procedure to allow the person who fil ed 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 competition , 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 if the c ourt, 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 bus iness activities based on the trade secret s, 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 intere sts 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 case, no p erson 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 assistant 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 
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 Upon 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 measures for restoring the business reputation of that person, in 12 
 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, paragraph  (1), against the act of using t rade secrets among 
the acts of unfair c ompetition listed in Article 2, paragraph (1), items (iv) to (ix), is 
extinguished by prescription if the person conducting the act does so continuously 
and the owner 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 applies when twenty years ha ve elapsed from the time the act 
began.  
  
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 similar 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 similar 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 goods 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 permission 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 
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 that is a uthorized 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 
certification purpos es which is specified by Ord er of the Ministry of Economy, Trade 
and Industry (hereinafter referred to as the " official markings of a foreign national 13 
 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 , deliver, displ ay 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 officia l 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 for 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 international organ ization (meaning an intergovernmental 
international organization or an equivalent organization specified by Ord er of the 
Ministry of Economy, Trade and Industry; the same appl ies hereinafter in this 
Article) which is specified by Ord er of the Ministry of E conomy, 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 tha t international 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.  
 (Proh ibition 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 
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 official s, etc., use their  position  to influence another foreign public official , etc. 
to act or refrain from acting in relation to the performance of official duties, i n 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 14 
 foreign special laws to carry out specific business affairs in the public interest;  
 (iii) any person that engages in th e 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 voting sh ares 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 one or mo re 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 business af fairs under the authority of the 
national or local government of a foreign state or an international organization and 
is delegated by them.  
Chapter IV Miscellaneous Provisions  
 (Exclusion from Application)  
Article 19 (1) The provisions of Articles 3  throug h 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 listed in Article 2 , paragraph (1), items (i), (ii), (xiv), and (xvi):  
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 ingredien t, 
which has become a generic term) or  an 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 act 
of transferring, delivering, displayin g for the purpose of transfer or 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 
providing services while indicating or usi ng a Generic Term, etc. in the way that this 
is normally done, in the case of u nfair competition listed in items (xiv) and (xvi) of 
the same paragraph);  
 (ii) unfair competition listed in Article 2, paragraph (1), items (i), (ii), and (xvi):  
the act of usi ng 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 pur pose; the same applies hereinafter), or the act of transferring, 
delivering, displaying for the p urpose of transfer or delivery, exporting, importing, or 
providing through a telecommunications line goods that use one's own name with no 15 
 wrongful purpose (including an act of providing services while using one's own name 
with no wr ongful purpose, in the case of u nfair competition listed in the same items);  
 (iii) unfair competition  set forth  in Article 2, paragraph (1), item (i): the act by a 
person that has used a n indication of goods or business  that is identical or similar to 
another person's  indicatio n 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 b usiness  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 p urpose ; 
 (iv) unfair competition  set forth  in Article 2, paragraph (1), item (ii) - the act by a 
person that has used a n 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 th at the goods imitate d 
the configuration  of another person's goods , and was without gross negligence in not 
knowing the fact) in transferring , leasing, displaying for the purpose of transfer  or 
lease, exporting, or importing the goods;  
 (vi) unfair competit ion listed in Article 2, paragraph (1), item (iv) to (ix) - the ac t by 
a person who has acquired t rade secrets through a transaction (limited to a person 
who, at the time of acquiring the trade s ecret, was without knowle dge that the 
disclosure of the trade  secret was an act of improper d isclosure or that there had 
been an intervening act of wrongful acquisition or act of i mproper disclosure with 
regard to that t rade secret, and was without gross negligence in not knowing the 
fact), of using or disclosing th e trade secret within the scope of title acquired through 
the transaction;  
 (vii) unfair competition listed in Article 2, paragraph (1), item (x) - the act of 
transferring, delivering, displaying for the purpose of transfer or delivery, exporting, 16 
 importin g or providing through a telecommunications line things created by the act 
of using trade s ecrets after the rights prescribed in Article 15 have extinguished 
pursuant to the same Article;  
 (viii) unfair competition listed in Article 2, paragraph (1), items  (xi) and (xii) - the 
act of transferring, delivering, displaying for the purpose of transfer or delivery, 
exporting, importing or providing through a telecommunications line, a device 
prescribed in items (xi) and (xii) of the same paragraph or a recording  medium on 
which a Program prescribed in those items has been recorded or a Machine on which 
a Program prescribed in the same items has been stored, which is us ed for testing or 
research for 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 
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, deli vers, displays for the 
purpose of transfer  or delivery, exports, imports, or provides through 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 goo ds or business  that is identical or similar to other person's  indication 
of goods or business , and the person that has succeeded to a business regarding the 
indication of goods or business  (including the person that personally  assigns, 
delivers, displays f or the purpose of transfer  or delivery, exports, imports or provides 
through a telecommunications 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 ne cessary 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 pr ocedures 
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 le gal 
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 pursua nt to the provisions of this Act are enacted, revised, or abolished, the 
Cabinet O rder or Ministerial Order  may, to the extent deemed reasonably necessary 17 
 for the enactment, revision or abolition, specify required transitional measures 
(including transitio nal 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 mo re 
than twenty million yen, or both:  
 (i) a person who acquires trade secrets through an act of fraud, etc. (meaning the 
act of deceiving, assaulting, or intimidating a person; the same applies hereinafter in 
this Article) or through the usurpation of mana gement (meaning the act of stealing 
assets, breaking into a facility, making unauthorized 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 
management that the owner of trade secrets maintains; the same applies hereinafter 
in this Article) for the purpose of wrongful  gain or causing damage to the o wner;  
 (ii) a person who uses or discloses t rade secrets acquired through an act of fraud, 
etc. or through the usurpation of management, for the purpose of wrongful gain or 
causing damage to the owner;  
 (iii) a person to whom the o wner of trade secrets has disclosed a trade s ecret, and 
who, for the purpose of wrongful  gain or causi ng damage to the o wner, obtains a 
trade s ecret by any of the following means, in breach of the legal duties regarding 
the management of the trade s ecret;  
 (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 recording 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 recording 
medium containing trade secrets , etc., and disguising this act as if the description or 
record in the reco rding medium conta ining the trade secret s, etc. had been deleted.  
 (iv) a person to whom the o wner of t rade secrets has disclosed  the trade s ecret and 
who, for the purpose of wrongful gain or causing damage t o the o wner, uses or 
discloses trade s ecrets obtained through the means set forth in "a" to "c" of the 
preceding item, in breach of the legal duty regarding the management of th e trade 
secret;  
 (v) a person who is the officer (meaning a council member, director, executive officer, 
executive member, inspector or auditor, or other equivalent person; the same applies 
in the following ite m) or employee of the o wner of t rade secrets, to wh om the o wner 
has disclosed the trade s ecret and who, for the purpose of wrongful gain or causing 
damage to th e owner, uses or discloses the trade s ecret, in breach of the legal duty 18 
 regarding the management of the trade s ecret (e  
xcluding the person listed in the preceding item);  
 (vi) a person who was the o fficer or employee of the owner of trade s ecrets, to whom 
the o wner had dis closed a tra de secret and who, for the purpose of wrongful  gain or 
causing damage to the o wner, has offered to disclose the trade s ecret, or received a 
request to use or disclose the trade secret, while holding that position, in breach of 
the legal duty re garding the management of the trade s ecret, and uses or discloses it 
after leaving that position (excluding the person listed in item (iv));  
 (vii) a person who, for the purpose of wrongful gain or causing damage t o the o wner, 
uses or discloses t rade s ecrets acquired by a disclosure that constitutes an offence 
prescribed in item (ii) or the preceding three items or paragraph (3), item (ii) (limited 
to the part regarding a disclosure that constitutes an offence prescribed in item (ii) 
and the preceding three items);  
 (viii) a person who, for the purpose of wrongful gain or causing damage t o the o wner, 
uses or discloses t rade secrets acquired, knowing that there has been an intervening 
disclosure that constitutes an offence prescribed in item (ii) or items (iv) through th e 
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 who, for the purpose of wrongful  gain or causing damag e to the o wner, 
assigns, delivers, displays for the purpose of transfer or delivery, exports, imports, or 
provides thr ough a telecommunications line t hings created by an act conducted by 
the same person or another person that constitutes an offence prescri bed in item (ii) 
or items (iv) through the preceding item or paragraph (3), item (iii)  (limited to an act 
of using a technical s ecret; hereinafter referred to as an "act of illegal use" in this 
item and paragraph (1), item (ii) of the following Article) (e xcluding a person who 
has received the things by tra nsfer without knowing that the t hings were created by 
an act of illegal use and transferred, delivered, displayed for the purpose of transfer 
or delivery, exported, imported, or provided through a telecom munications 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 person who, for a wrongful p urpose, commits any act of unfair c ompetition 
listed in Article 2, paragraph (1), item (i) or (xiv);  
 (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 who, for the purpose of wrongful gain, or for the purpose of causing 19 
 damage to another person who is using t echnological restriction measures for their 
business purp oses, commits any act of unfair c ompetition listed in Article 2 , 
paragraph (1), item (xi) or (xii);  
 (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 
(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 not 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 re ceiving party 
has the purpose of use outside Japan that constitutes  the offences; or  
 (iii) a person who uses trade s ecrets of an o wner conducting business within Japan 
in a way that constitutes offences 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 prescribe d 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 (i x)) also apply to a person who commits the offences ou tside 
Japan in connection with trade s ecrets of an o wner conducting business within 
Japan.  
 (7) The offence prescribed in paragraph (2), item (vi) also applies  to a person that 
commits the offence outsi de 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 20 
 reward for the criminal act s which constitute the offences prescribed in paragraphs 
(1), (3), and (4); and  
 (ii) assets  acquired as profits  from the  assets  set forth  in the preceding 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 provisions 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 
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 Act".  
 (12) When the assets  set forth  in each item of paragraph (10) cannot be confiscated 
or it is deem ed 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 the 
offender regarding the assets  or other circumstances, the equivalent value thereof 
may be collected f rom 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 busi ness 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 part regarding 
paragraph (1), items (ii), (vii), and (viii) of the same Article), or (iii) (limited to t he 
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 pa rt 
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 bi llion yen;  
 (ii) paragraph (1), item (i), (ii), (vii), (viii), or (ix) (excluding cases where a person 
that has committed an act of illegal use concerning 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 " specified act of illegal use" in this item 
and paragraph (3)) falls under the category ) or paragraph (4) (li mited 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 illegal use falls 21 
 under the category) ) of the same Article - a fine not more than fi ve 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 a gainst the offender for an 
offence prescribed in paragraph (2), item (vi) of the same Article also ha s effect with 
respect to the corporation  or the person, 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 
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 wh ere a person 
that has committed a specified act of illegal use falls under the category ), paragraph 
(2), paragraph (3), item (i) (limited to the part regarding 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 Article) 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 illegal use falls under the 
category) or paragraph (3), item (i) (limited to the part regarding paragraph (1), item 
(i) of the same Article), (ii) (limited to t he 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, paragrap h (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 t hat will identify all or part of the information that constitutes 
the trade secret s 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 r evealed 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 advance. 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 22 
 the matter is indispensable as proof of the offence or for the defense of the accused 
but that there is a risk that revealing the matter in open court would signif icantly 
hinder the accused's or other persons' business activities that are based on trade 
secret s, 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 cou rt, 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 
expression , to use in lieu of the name or other expression for the matter that allows 
trade secret s 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 
revealed in open court, or the case has no longer come under the case prescribed in 
paragraph (1) because appl icable 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 th e 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 chargi ng 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 allows  trade secrets  to be identified . In 
this case, the public prosecutor must show the charging instrumen t 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 judge may limit the questions or statements. The same 
applies to questions for the accused by persons con cerned 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 prec eding 
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 examines a 23 
 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 matter 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 secret s; 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 accused questions provided in Article 311, paragraphs (2) and (3) of the 
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), Article 273, paragraph (2), Article 274 and Article 
303 of the Code of Criminal Procedure apply mutatis m utandis to the proceedings for 
asking for a statement  of the accused under the provisions of the preceding 
paragraph. In this case, the phrase "the accused or defense counsel" in Article 157, 
paragraph (1), Article 158, paragraph (3) and Article 159, parag raph (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 proceedings 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 Compe tition 
Prevention Act"; "documents which contain the results of the examination of 
witnesses or other persons, inspections, seizure or search, and objects 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 Produce 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 accus ed 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 24 
 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 ev idence 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 ) 
Articl e 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  
 (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 Evidence)  
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, par agraph (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 prescribed in 
Article 23, paragraph (1) or (3) would significantly hinder the victim's, accused's, or 
other pe rsons' business activities based on the trade secret s, 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; 
provided, however, that for a request that the opportunity be provided in such a way 
that the accused does no t 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 provis ions of Part II, 
Chapter III, Section 2, Subsection 1, Division 2 of the Code of Criminal Procedure 
(including as applied mutatis mutandis  pursuant to the provision s of Article 316 -28, 
paragraph  (2) of the same  Code).  
 (Delegation to Rules of the Supreme C ourt)  
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 preceding Article 
are specified by Rules of the Supreme Court.  
Chapter VII Special Provisions on  Procedu res 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; 25 
 the same appl ies in Article 34) which are the assets  set forth  in each item of Articl e 
21, paragraph (10) belongs to a person other than the accused (hereinafter referred 
to as a " third party" in this Article), and the third 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 third party are to be 
confiscated pursuant to  the provisions of Article 21, parag raph (10) and the third 
party is not allowed to participate in the proceedings of the case under public 
prosecution.  
 (3) The provisions of Article 18, paragraphs (3) through (5) of the Organized Crime 
Punishment Act apply mutatis mutandis to  cases where t he assets  on which there 
exists superficies, a mortgage, or any other rights of a third party are to be 
confiscated and the relevant rights should continue to exist pursuant  to the 
provisions of Article 15, paragraph (2) of the Organized Crime Punishment A ct 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 ba sed 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 Competi tion 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 r egard to the execution of confiscation of claim s, etc.  
Chapter VIII Procedures for Preservation  
 (Order for Provisional Remedy  in Anticipation of Confiscation)  
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 , 26 
 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 confiscation  to prohibit the 
disposition of the assets. 
 (2) If a court has issued or intends to issue a n order for provisional remedy  in 
anticipation of confiscation with regard to assets  on which there exists 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 publi c 
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 
preceding two paragraphs, even befo re 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, limite d 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 Commission ). 
 (4) Beyond  what is provided for in the preceding three paragraphs, the disposition 
under these p rovisions are governed by the provisions  of the prohibition of the 
disposition pursuant to the order for provisional remedy  in anticipation of 
confiscation 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 judge 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 equiv alent value  under Chapter IV, Sections 2 and 3 of the Organized Crime 
Punishment Act.  27 
 Chapter IX Procedures for International Mutual Legal Assistance in the Execution 
of Judicial Decision s and Preservation for Confiscation and Collection  of Equivalent 
Valu e 
 (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 confiscation 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:  
 (i) when it would be deemed impossible to impose a punishment under Japanese 
laws and regula tions  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 requested 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 judicial decision on 
confiscation or preservation for confiscation concerning the offence for which 
assistanc e is requested under Japanese laws and regulations , if the act constituting 
the offence for which assistance is requested 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  concernin g the offence for which assistance is requested under 
Japanese laws and regulations , if the act constituting the offence for which 
assistance is requested 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 request 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 28 
 equivalent value , except for a request based on a judicial decision 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 offence for which assistance is requested 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 . 
 (Confiscation Considered  as Collection  of Equivalent Value ) 
Article 38 (1) In cases  of a request for assistance for execution of a final and binding 
decision  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 ass istance 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), who se 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 o r 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.  
 (Treatm ent 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 t ransfer 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 pro mulgation.  
 (Transitional Measures)  29 
 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; p rovided, 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 Arti cle 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 set forth  in Article 2, paragraph (1), item (ii) 
(excluding an act that falls under item (i) of the sa me paragraph); or  
 (ii) among the acts listed in Article 2, paragraph (1), item (xiv), the act of using an 
indication on services, in an advertisement thereof, or in trade documents or 
electronic correspondence thereof, in a way that is likely to mislead a s to the quality, 
contents, purpose, or quantity of the services, or the act of providing services while 
using the indication.  
Article 4 The provisions of Articles 3 to 5, Article 14, and Article 15 of the new Act do 
not apply to acts of u nfair competition  listed in Article 2, paragraph (1), items (iv) to 
(vi), item (viii), and item (ix) of the new Act in connection with an act of wrongful 
acquisition prescribed in item (iv) of the same paragraph or an act of improper 
disclosure prescribed in item (viii) of  the same paragraph that took place before Ju ne 
15, 1991, if the acts of u nfair 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 i tem (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 prescrib ed 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 listed in Article 2, paragraph (1), item (ii) or (xiv) that comm enced 
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, paragraphs (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 30 
 obtained the permission prescribed in Article 4, paragraph (4) of the former Act  as of 
the time this 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 u nder 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 fo r 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 o f a private international organization  as a 
trademark , which is prescribed in Article 17 of the new Act , if the act commences  
before this Act comes into effect.  
Article 10 The provisions of Article 21 (excluding the part under Article 21, 
paragraph (2), it em (vi i)) and Article 22 do not apply  to the continuation of an act 
that falls under the act set forth  in the Supplementary Provisions of this Act , Article 
3, item (ii), if the act commenced before this Act comes into effect.  
Article 11 With regard to a re quest prescribed in Article 3 of the former Act  made by 
a foreign national prescribed in the same Article against an act that was committed 
before this Act comes into effect, prior provisions are to continue to apply . 
 (Transitional Measures for the Applic ation 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 provide d for in the Supplementary Provisions of this Act , 
Articles 2  through 11 and Article 13, the transitional measures necessary for 
enforcement of this Act are specified by Cabinet Order.