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Unfair Competition Prevention Act (Act No.47 of 1993)  
 
Table of Contents  
Chapter I General Provisions (Article s 1 and 2)  
Chapter II Demands for Injunctions and Damages (Article s 3 to 15)  
Chapter III Acts Prohibited pursuant to  International Agre ement s (Article s 16 
to 18)  
Chapter IV Miscellaneous Provisions (Articles 19 to 20) 
Chapter V Penal Provisions (Articles 21and 22)  
Chapter VI Special Provisions on  Criminal Proceedings (Articles 23 to 31)  
Chapter VII Special Provisions  on Procedures Concern ing Confiscation (Articles 
32 to 34)  
Chapter VIII Preservation Proceedings  (Articles 35 and 36)  
Chapter IX Procedures for International Mutual Legal Assistance in Execution 
of Judicial Decision and in Preservation , for Confiscation and 
Collection (Articles  37 to 40)  
Supplementary Provisions  
 この不正競争防止法の翻訳は、 平成二十七年法律第五十四号 までの改正（平成２
８年１月１日施行）について作成したものです。  
この法令の翻訳は公定訳ではありません。法的効力を有するのは日本語の法令自
体であり、翻訳はあくまでその理解を助けるための参考資料です。この翻訳の利用
に伴って発生した問題について、一切の責任を負いかねますので、法律上の問題に
関しては、官報に掲載された日本語の法令を参照してください。  
 
  This English translation of the Unfair Competition Pre vention Act has been 
prepared (up to the revisions of Act No. 54 of 2015  (Effective January  1, 201 6)). 
  This is an unofficial translation. Only the original Japanese texts of laws and 
regulations have legal effect, and the translations are to be used sole ly as 
reference material 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 m aterial 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 t he Official Gazette.  2 
 Chapter I General Provisions  
 
 (Purpose)  
Article 1  The purpose of this Act is to provide measures , etc.  for the prevention of 
Unfair Competition  and for the compensation of damage s caused by Unfair 
Competition , in orde r to ensure fair competition among business operators and 
proper  implementation of international agreements related thereto, and thereby 
contribute to the sound development of the national economy.  
 
 (Definitions)  
Article 2 (1) The term " Unfair Competition " as used in this Act means any of the 
following:  
 (i) the act of creating confusion with  another person's goods or business by 
using an Indication of Goods or Business (mean ing a name, trade name, 
Trademark , Mark , container or packag ing for  goods pertainin g to  a person's 
operations , or any other indication of a person's goods or business; the same 
appl ies hereinafter) that is identical or similar to the another person ’s Indication 
of Goods or Business  that is well -known among consumers as that of the another  
person , or by assigning, delivering, displaying for the purpose of assignment or 
delivery, exporting, importing or providing through a telecommunication s line 
those  goods that use said 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 assigning, delivering, displaying for the purpose of assignment or delivery, 
exporting, importing , or providing through a telecommunication s line those 
goods that  use said indication ; 
 (iii) the act of assigning , leasing, displaying for the purpose of assignment or 
leasing, exporting or importing  goods that Imitate  the configuration of another 
person's goods (excluding configuration that is indispensa ble for ensuring the 
function of said goods);  
 (iv) the act of acquiring a Trade Secret  by theft, fraud, duress , or other 
wrongful means (hereinafter referred to as the "Act of Wrongful Acquisition"), or 
the act of using or disclosing (including the disclo sure in confidence to a specific 
person or persons; the same appl ies hereinafter)  a Trade Secret  through an Act of 
Wrongful Acquisition ; 
 (v) the act of acquiring a Trade Secret  with the knowledge , or with gross 
negligence in not knowing , that there has be en an intervening  Act of Wrongful 
Acquisition , or the act of using or disclosing a Trade Secret  so acquired;  
 (vi) the act of using or disclosing a n acquired  Trade Secret  after  having learned, 
or with gross negligence in not having learned , subsequent to i ts acquisition, 
that there had been an intervening  Act of Wrongful Acquisition ; 3 
  (vii) the act of using or disclosing a Trade Secret  that has been disclosed by the 
business operator that owns said Trade Secret  (hereinafter referred to as the 
"Owner ") for t he purpose of acquiring a wrongful gain, or causing damage to said 
Owner ; 
 (viii) the act of acquiring a Trade Secret  with the knowledge , or with gross 
negligence in not knowing , that said Trade Secret 's disclosure is  an Act of 
Improper Disclosure  (meaning , in the case prescribed in the preceding item, the 
act of disclosing a Trade Secret  for the purpose prescribed in said item, or the act 
of disclosing a Trade Secret  in breach of a legal duty to maintain secrecy; the 
same appl ies hereinafter)  or that there  has been an intervening Act of Improper 
Disclosure  with regard to  said Trade Secret , or the act of using or disclosing a  
Trade Secret  so acquired ; 
 (ix) the act of using or disclosing an acquired Trade Secret  after having learned, 
or with gross negligence  in not having learned , subsequent to its acquisition, 
that said Trade Secret 's disclosure was  an Act of Improper Disclosure  or that 
there had been an intervening Act of Improper Disclosure  with regard to said 
Trade Secret ; 
 (x) the act of assigning, deliv ering, displaying for the purpose of assignment or 
delivery, exporting, importing, or providing through a  telecommunications line 
Things  created  by the acts listed in item (iv) to the preceding item (limited to an 
act of using  a Technical Secret  (meaning a Trade Secret  which is technical 
information ; the same appl ies hereinafter); hereinafter referred to as an "Act of 
Unauthorized  Use" in this item)  (excluding an act of assigning, delivering, 
displaying for the purpose of assignment or delivery, exporting, importing, or 
providing through a  telecommunications line said Things  by a  person who has 
received  said Things  by assignment  (limited to a person who, at the time of 
receiving said Things  by assignment, had no knowledge  that the Things  were 
created  by an Act of Unauthorized Use , and such lack of knowledge was not 
based on gross negligence )); 
 (xi) the act of assigning , delivering, displaying for the purpose of assignment or 
delivery, exporting, or importing,  a device (including a machine  that  incorporates 
said device and a set of parts for said device  that can be easily assembled ) with a 
function that makes it possible to  view images , hear sound, or run Program s, or 
record images, sound , or Program s (hereinafter referred to as " to View Images, 
etc." in this item) which are restricted by Technological Restriction Measures  
that are used for business  purposes  (excluding Technological Restriction 
Measures  used by another person to restrict all but specific persons from viewing 
images , hearing sound,  or running Program s, or recording images, sound , or 
Program s), by circumventing  the effect iveness  of said Technological Restriction 
Measures , or a recording medium  on which a Program  with said function 
(including a combination  of said Program  with other Program s) ha s been 4 
 recorded  or Machine  on which a Program with said function (including a 
combination of said Program with other Programs) has been re store d; or the act 
of providing a Program  with said function through a telecommunication s line (if 
said device or Program  has a combination of functions other  than said function, 
this is  limited to an act done in order to provide  said device or Program  for the 
purpose of  making it possible to  View Images, etc. by circumventing  the 
effectiveness  of said Technological Restrict ion Measures ); 
(xii) the act of assigning , delivering, displaying for the purpose of assignment 
or delivery, exporting or importing , other than  to specific  person s, a device 
(including a machine that incorporates said device and a set of parts for said 
device that can be easily assembled ) with a  function that makes it possible to 
view images , hear sound,  or run Program s, or record images, sound , or Program s 
(hereinafter referred to as " to View Images, etc." in this item) which are 
restricted by Technologica l Restriction Measures  that are used by another person 
for business purposes  to restrict all but specific persons from viewing images , 
hearing sound,  or running Program s, or recording images, sound , or Program s, 
by circumventing the effect iveness  of said Technological Restriction Measures  or 
a recording medium  on which a Program  with said function (including a 
combination of said Program  with other Program s) has been recorded  or Machine 
on which a Program with said function (including a combination of said Program 
with other Programs) has been restore d; or the act of providing a Program  with 
said function through a telecommunication s line, other than to specifi c person s 
(if said device or Program  has a combination of functions other than said function, 
this is limited to an act done in order to provide said device or Program  for the 
purpose of making it possible to View Images, etc. by circumventing  the 
effectiveness of said Technological Restriction Measures ); 
 (xiii) the act of acquiring or holding a right to use a Domain Name  that is 
identical or similar to another person's Specific Indication of Goods or Business 
(meaning  a name, trade name, Trademark , Mark , or any other indication of goods 
or business pertaining to  a person's operation ), or the act of usi ng any said 
Domain Name , for the purpose of acquiring a wrongful gain or causing damage to 
another person;  
 (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 likely to cause a misconception as to  the place of origin, quality, contents, 
manufacturing process, purpose , or quantity of said goods, or the quality, 
contents, purpose , or quantity of said services, or the act of assigning, delivering, 
displaying for the purpose of assignment 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 a false allegation that is injurious to the 5 
 business reputation of another person with which one is in a competitive 
relationship;  
  (xvi) an act by the agent  or representative, or a person who was, within one 
year of the date of the act, an agent or representative , of the holder of a right to a 
Trademark  (said right is limited to a right that is equivalent to a Trademark  
right; hereinafter simply referred to as a " Right" in this item) in a country of the 
Union established by the Paris Convention ( meaning  the Paris Convention as 
defined in Article 4 , paragraph  (1), item  (ii) of the Trademark Act (Act No. 127 of 
1959)) or in a member of the World Trade Organization or in a contracting party 
to the Trademark Law Treaty, without  justifiable  grounds  and without  the 
consent of the holder of said Right ; which constitutes  the use of a Trademark  that 
is identical or similar to the Trademark  under said Right  on identical or similar 
goods or services regarding  said Right ; which constitutes the assign ment , 
delivery, display for the purpose of ass ignment or delivery , export, import or 
provision through a telecommunications line  of goods  that are  similar or 
identical to the goods regarding  said Right  and on which said Trademark  has 
been used ; or which constitutes the provi sion of  services that are i dentical or 
similar to the services regarding  said Right , using said 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 " Mark " as used in this Act means a mar k 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 said shape, which can be perce ived through the human senses  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 identical to  another person's goods, based on the configuration 
of said goods.  
 (6) The term " Trade Secret " as used in this Act means technical or business 
information useful for business  activities , such as manufacturing or marketing 
methods , that is kept secret and that is not publicly known.  
(7) The term " Technological Res triction Measures " as used in this Act means 
measures which restrict images from being viewed,  sound  from being heard , or 
Program s from being run , or images, sound , or Program s from being recorded, by 
Electromagnetic Means  (meaning  electronic means, magnet ic means , or other 
means that cannot be perceived  through  the human  senses ), by a means  of 
recording or onto a recording medium  along with the image, sound, or Program  or 
transmitting signals  to which a Viewing Machine, etc.  (meaning a  machine used 
for vie wing images , hearing sound,  or running Program s, or recording images, 
sound , or Program s; the same appl ies hereinafter) has a specific reaction , or by a 6 
 means of converting  images, sound , or Program s and recording on a recording 
medium  or transmitting them , in a way that requires a  specific conversion by the 
Viewing Machine, 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 mea ns letters, numbers, signs , 
or other symbols or combination 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 Demands for Injunction , Damages  
 
 (Right to Demand  Injunction)  
Article 3 (1) A person whose business interests have been infringed or are likely 
to be infringed due to Unfair Competition  may make a demand to  suspend or 
prevent th at infringement , against the person that infringed or is likely to 
infringe said business interests.  
 (2) When  making  the demand  under  the preceding paragraph,  the person whose 
business interests have been infringed or are likely to be infringed due to  Unfair 
Competition  may demand  the destruction of Things  that constituted the act of 
infringement (including Things  created through the act of infringement; the 
same appl ies in Article 5 , paragraph  (1)), removal of equipment used for the act 
of infringement, or other act requir ed for suspen ding  or preventi ng the 
infringement.  
 
(Damages)  
Article 4  A person who intentionally or negligently infringes the business 
interests of another person through Unfair Competition  is liable to compensate 
damages resulting therefrom ; provided,  however, that this Article does not apply 
to damages resulting from  the act of using  a Trade Secret  after the rights 
prescribed in Article 15 have extinguished pursuant to said Article.  
 
 (Presumption of Amount of Damage)  
Article 5 (1) When  a person whose bu siness interests have been infringed due to 
the Unfair Competition  listed in Article 2 , paragraph  (1), items (i) to (x) or (xv i) 
(with regard to the Unfair Competition  listed in items (iv) to (ix) of the same 
paragraph, limited to  Unfair Competition  that i nvolves a Technical Secret ) 
(hereinafter referred to as the " Infringed Party " in this paragraph) claims 
compensation  of damages  suffered  by it due to said infringement , from a person 7 
 who has intentionally or negligently infringed said business interests, if the 
infringer has assigned  Things  that constituted  the act of infringement, the 
quantity of the Things  assigned  (hereinafter referred to as the "  Assig ned 
Quantity " in this paragraph) multiplied by the amount of profit per unit of the 
Things  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 Infringed Party 's 
ability to sell or conduct other acts concer ning said Things ; provided, h owever, 
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 Assigned 
Quantity , an amount proportionate to the number of Things  correspon ding to 
said circumstances is deducted.  
 (2) When a person whose business interests have been infringed due to Unfair 
Competition  claim s compensation of damage s suffered by it  from  a person who 
intentionally or negligently infringed said business interests , if said person has  
earned  a profit through the act of infringement, said amount of profit is 
presumed to be the amount of damage s that  the person whose business interests 
were infringed  has suffered . 
 (3) A person whose business interests have been infri nged due to the Unfair 
Competition  listed in Article 2 , paragraph  (1), items (i) to (ix), (xii i) or (xv i) may  
claim  compensation of damage against  a person who has intentionally or 
negligently infringed said business interests, in an  amount equivalent to t he 
amount of money that the infringed  party should have been entitled to receive for  
the act prescribed in the relevant of  the following items for the classification of 
Unfair Competition  listed therein, as the amount of damages suffered  by the 
infringed p arty: 
 (i) Unfair Competition  listed in Article 2 , paragraph  (1), item s (i) or (ii)  - use of 
an Indication of Goods or Business  pertaining to said infringement;  
 (ii) Unfair Competition  listed in Article 2 , paragraph (1), item (iii)  - use of a 
Configuratio n of Goods  pertaining to said infringement;  
 (iii) Unfair Competition  listed in Article 2 , paragraph (1), item s (iv) to (ix ) - use 
of a Trade Secret  pertaining to said infringement;  
 (iv) Unfair Competition  listed in Article 2 , paragraph (1), item (xii i) - use of a 
Domain Name  pertaining to said infringement; and  
 (v) Unfair Competition  listed in Article 2 , paragraph (1), item (xv i) - use of a 
Trademark  pertaining to said infringement.  
 (4) The provisions of the preceding paragraph do not preclude a claim f or 
compensation  of damages exceeding the amount prescribed in that paragraph. In 
such a case, if the person who infringed said business interests did not do so 
intentionally or through gross negligence, the court may take this into 
consideration in determi ning the amount of damages  to be compensated . 8 
  
(Presumption of Act of Using Technical S ecret by Person who A cquired said 
Technical Secret)  
Article 5 -2 If any of the act s prescribed in Article 2, paragraph (1), item (iv), ( v), 
or (viii) (limited to an act o f acquiring a Trade Secret ) has been conducted  with 
regard to a Technical Secret  (limited to a Technical Secret  regarding  
manufacturing methods or other information specified by Cabinet Order ; the 
same appl ies hereinafter in this Article)  and a person who has conducted  said act 
conducts production  of Things  created  by the act of using said Technical Secret  or 
other  act specified by Cabinet Order as an act from which it  can be understood 
obviously  that  Technical Secret  has been used (hereinafter referred to as the 
"Production, etc." in this Article), said person is presumed to have conducted the 
Production, etc. as an act prescribed in each said item (limited to an act of using 
a Trade Secret ). 
 
 (Obligation  to Clarify  Specific  Conditions ) 
Article 6  In litiga tion 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 his/her business 
interests have been infringed or  are likely to be infringed by Unfair Competition , 
to have constituted  an act of infringement , the opponent  must clarify the specific 
conditions  of his/her own acts; provided, h owever, that this does not apply when 
the opponent  has reasonable grounds for n ot 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, at the motion of a party, order a party to 
submit  any documents necessary for proving the act of infringement or 
calculating the amount of damages caused by said act of infringement ; provided,  
however, that this does not apply if the holder of the documents has justifiable  
grounds for refusing to submit them.  
 (2) If the court finds  it necessary for determining the presence of the justifiable  
grounds prescribed in the proviso to the preceding paragraph, it may require the 
holder of the documents to present  said documents. In such a case, no person 
may request disclosure of the presen ted 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 the justifiable  
groun ds prescribed in  the proviso to paragraph (1) are present, the court  may 
disclose  said documents  to the Parties, etc.  (meaning the  part ies (or if a party is a 
judicial person , its representative ) or the parties' agent s (excluding  counsel or 9 
 assistant s in c ourt) , employee s, or other workers; the same appl ies 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 observation  that is  necess ary for proving 
said act of infringement in litigation involving the infringement of business 
interests due to  Unfair Competition . 
 
 (Expert Opinion for Calculation of Damages)  
Article 8  In litigation involving  the infringement of business interests due to  
Unfair Competition , if the court, at the motion of a party, orders an expert 
opinion on the matters necessary for calculating the damages caused by the act of 
said infringement, the parties shall explain the matters necessary for forming an 
expert opinion  to the expert witness . 
 
 (Determination of Reasonable Damages)  
Article 9  In litigation involving  the infringement of business interests due to 
Unfair Competition , if the court finds  that damage 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 said facts, the court may determine a 
reasonable amount of damage based on the entire import  of oral argument and 
the results of the examination of evidence.  
 
 (Protective Order s) 
Article 10 (1)  In litigation involving  the infringement of business interests due to 
Unfair Competition , if a prima facie showing has been made that a Trade Secret  
owned by a party to the litigation  falls under both of the following grounds, the 
court may, at the motion 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  for any purpose other 
than in conducting the litigation, or to disclose it to a person other than a person 
subject to  the order under this paragraph which relates to said Trade Secret ; 
provided, however, that this does not apply if the party, etc., counsel, or assistant 
in court had already acquired or owned the Trade Secret  by means other than the 
reading of the b rief prescribed in item (i) or the examination or disclosure of 
evidence prescribed in the same item  by the time at which said motion was made : 
 (i) the Trade Secret  owned by the party is written in an already -submitted  or a 
to-be-submitted  brief, or is included in the contents of already -examined or 
to-be-examined evidence (including documents disclosed pursuant to Article 7 , 
paragraph  (3) or a document disclosed pursuant to Article 13 , paragraph  (4)); and  
 (ii) the party's business activities that are based on the Trade Secret  under the 
preceding item are likely to become hindered by the use of said Trade Secret  for 
any purposes other than those for conducting the litigation or by the disclosure  of 10 
 said Trade Secret , and it is necessary to restrict the use  or disclosure of said 
Trade Secret  in order to prevent this.  
 (2) A motion for the order under  the preceding paragraph (hereinafter referred 
to as the " Protective Order") must be made in writing and include the following 
matters:  
 (i) the person to whom t he Protective Order  would  be issued;  
 (ii) facts that are sufficient for identifying the Trade Secret  that would be  made 
the subject of the Protective Order ; and  
 (iii) facts that fall within the grounds listed in the respective items of the 
preceding par agraph.  
 (3) When issuing a Protective Order , the court shall 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 motion for a Protective Order , the party may file an 
immediate appeal against the judicial decision.  
 
 (Rescission of Protective Order)  
Article 11 (1)  A person who filed a motion for a Protective Order  or a p erson 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 prescr ibed in the preceding Article , paragraph  (1) has not been met 
or is no longer  being  met.  
 (2) When the court makes  a judicial  decision on a motion to rescind  a Protective 
Order , it shall serve a written ruling  on the person who filed the motion and the 
opponent . 
 (3) An immediate appeal may be filed  against a judicial decision on the motion 
to rescind  a Protective Order . 
 (4) A judicial decision to rescind a Protective Order  does not take effect until it 
becomes final and binding.  
 (5) If a court has made a judicial decision rescind ing a Protective Order , and, 
during the same litigation in which the Protective Order  was issued, a Protective 
Order  for the protection of said Trade Secret  was issued against any person other 
than the  person who filed the motion  for the rescission of the Protective Order  or 
the opponent , the court shall immediately notify that person of the judicial 
decision rescind ing the Protective Order . 
 
 (Notice of Request to Inspect  Case Record)  
Article 12 (1) If a court has made  a ruling un der Article 92 , paragraph  (1) of the 
Code of Civil Procedure (Act No. 109 of 1996) with regard to the case record in 11 
 litigation  in which a Protective Order  has been issued (excluding litigation  in 
which all the Protective Order s have been rescinded), and a  party has  request ed 
to inspect , etc. a portion of the record that contains the secret prescribed under  
the same paragraph, if the person who followed the procedure s for filing said 
request has not had a Protective Order  issued against him/her in the litig ation , 
the court clerk shall, immediately after the request  has been filed , notify the 
party who filed the motion under the same paragraph (excluding the person 
filing  said request ; the same appl ies in paragraph (3) of the fact that said request 
has been filed). 
 (2) In a case referred to in the preceding paragraph, the court clerk must not 
allow the person  who 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 s ame paragraph  until two weeks have elapsed since the date of the 
request (if a motion  is filed  for a Protective Order  against the person who 
followed the procedure s for filing  the request on or before said date, until the 
date on which the judicial  decisio n on the motion becomes final and binding).  
 (3) The provisions of the preceding two paragraphs shall 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 filed  the request under 
paragraph (1) to inspect , etc. the part  of the record that contains the secret.  
 
 (Suspension of Open Examination of Parties)  
Article 13 (1)  In litigation involving the infringement of business interests due to 
Unfair Competiti on, 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 said infringement and falls under a Trade 
Secret held by the party, and i f the court, by the unanimous consent of the judges, 
finds that the party, etc. is unable to give a sufficient statement regarding the 
matter because it is clear that giving a statement regarding the matter in open 
court would significantly hinder the part y's business activities that are based on 
said Trade Secret, and that, without said 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 said infringement of business interests 
due to Unfair Competition which should be made based on the determination of 
said matter, the court may, by ruling, conduct a n examination on the matter 
without opening it to the public.  
 (2) The court must  hear the opinions of the Pa rties, 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 person may request disclosure of the 12 
 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 said 
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 alo ng with the reason therefor to the members of the public before 
having them leave the courtroom. When the examination on said 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 
injured,  the court may order the person who has intentionally or negligently 
engaged in Unfair Competition and thereby injured the business reputation of 
that person to take the ne cessary measures for restoring the business reputation 
of that person, in lieu of or in addition to compensation of damages.  
 
 (Extinctive Prescription)  
Article 15  The right to demand the suspension or prevention of infringement 
under the provisions of Art icle 3, paragraph (1), against the act of using a Trade 
Secret among the  acts of Unfair Competition listed in Article 2, paragraph (1), 
items (iv) to (ix), is extinguished by prescription if the person conducting said act 
conducts said act continuously and  the holder of said right whose business 
interests have been infringed or are likely to be infringed by said act does not 
exercise the right within three years from  the time when the person comes to 
know of said fact and the identity  of the person conducti ng said act. The same 
appl ies when twenty years have elapsed from the time said act began.  
 
 
Chapter III Acts Prohibited pursuant to International Agreement  
 
 (Prohibition on Commercial Use of Foreign State's National Flag)  
Article 16 (1) No person shall u se, as a Trademark, anything that is identical or 
similar to a foreign state's national flag, armorial bearing, or any other emblem 
specified by Ordinance of the Ministry of Economy, Trade and Industry 
(hereinafter referred to as the "Foreign State 's Natio nal Flag, etc.") (such 
identical or similar thing is hereinafter referred to as the "Emblem Similar to a 
Foreign State 's National Flag, etc."), nor shall any person assign, deliver, display 
for the purpose of assignment or delivery, export, import, or prov ide through a 
telecommunications line goods that use an Emblem Similar to a Foreign State 's 13 
 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 shall 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 th e Foreign State 's National Flag, etc.  
 (2) In addition to what is prescribed in the preceding paragraph, no person shall 
use the foreign state's national armorial bearings  specified by Ordinance of the 
Ministry of Economy, Trade and Industry which is refer red to in the preceding 
paragraph (hereinafter referred to as the "A rmorial Bearings  of a Foreign State") 
in a manner that is likely to cause a misconception as to the place of origin of 
goods ; nor shall any person assign, deliver, display for the purpose of assignment 
or delivery, export, import or provide through a telecommunications line goods 
that use the Armorial Bearings of a Foreign State ; or provide services while 
using the Armorial Bearings of a Foreign State in said manner; provided, 
however, this  shall not apply when permission has been obtained from the 
government agency of the foreign state that is authorized to grant permission to 
use the Armorial Bearings of a Foreign State.  
 (3) No person shall use anything that is identical or similar to the  seal or sign 
that the national or local government of a foreign state uses for supervising or 
certification purposes which is specified by Ordinance of the Ministry of Economy, 
Trade and Industry (hereinafter referred to as the "Sign of a Foreign National  
Government, etc.") (such identical or similar thing is hereinafter referred to as 
the "Sign 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 said Sign of a Foreign National Government, etc. is used ; nor 
assign, deliver, display for the purpose of assignment or delivery, export, import 
or provide through a telecommunications line, goods that use a Sign Similar to 
that of a Foreign National Government , etc. as their Trademark or provide 
services while using a Sign Similar to that of a Foreign National Government, etc. 
as a Trademark; provided, however, that this shall 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 Sign of a Foreign National 
Government, etc.  
 
 (Prohibition of Commercial Use of Mark of International Organization)  
Article 17 No person shall use anything that is identical or similar to a Mark 
representing an International Organization (meaning an intergovernmental 
international organization or an equivalent organization specified by Ordinance 
of the Ministry of Economy, Trade and Industry; the same appl ies hereinafter in 
this Article) which is specified by Ordinance of the Ministry of Economy, Trade 14 
 and Industry (such identical or similar thing is hereinafter referred to as the 
"Mark Similar to that of an International Organization") as a Trademark, in a 
manner that is likely to cause a misconce ption as to the existence of a 
relationship with that International Organization ; or assign, deliver, display for 
the purpose of assignment or delivery, export, import or provide through a 
telecommunications line, goods that use a Mark Similar to that of a n 
International Organization as their Trademark or provide services while using a 
Mark Similar to that of an International Organization as a Trademark, in said 
manner; provided, however, that this shall not apply when the permission of said 
International O rganization has been obtained.  
 
(Prohibition against Provision of Wrongful Gain to Foreign Public Officials)  
Article 18 (1) No person shall give, or offer or promise to give, any money or other 
benefit to a Foreign Public Official , etc. in order to have th e Foreign Public 
Official, etc. act or refrain from acting in relation to the performance of official 
duties, or in order to have the Foreign Public Officials, etc., use his position  to 
influence another Foreign Public Official, etc. to act or refrain from  acting in 
relation to the performance of official duties , in order to obtain a 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 th e following  persons : 
 (i) any person who engage s in public service for national or local foreign 
government s; 
 (ii) any person who engage s in the business affairs of an entity established 
under  foreign special laws to carry out specific business affairs in  the public 
interest;  
 (iii) any person who engage s in the business affairs of an enterprise in which 
one or more of the national or local governments of foreign states directly owns a 
number of voting shares or an amount of capital subscription that exce eds 50 
percent of that enterprise's total issued voting shares or total amount of capital 
subscription, or in which the majority of the Officers (meaning directors, 
auditors, council members, inspectors, liquidators, and other persons engaged in 
management  of the business) are appointed or designated by one or more of the 
national or local foreign governments, and to which special rights and interests 
are granted by the national or local government of the foreign states for 
performance of its business, or a  person specified by Cabinet Order as an 
equivalent person;  
 (iv) any person who engage s in public service s for an International 
Organization (meaning an international organization which is formed by 
governments or intergovernmental international  organizat ions); or  
 (v) any person who engage s in the business affairs under the authority of the 15 
 national or local government of a foreign state or an International Organization  
and is delegated by them . 
 
 
Chapter IV Miscellaneous Provisions  
 
 (Exclusion from Appl ication)  
Article 19 (1) The provisions of Articles 3 to 15, Article 21 (excluding the part 
under  Article 21, paragraph (2), item (vii)), and Article 22 shall not apply to the 
acts prescribed in each of the following items for the classification of Unfair 
Competition listed 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 Things  made from grapes or using 
grapes as an ingredient, 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 t he way 
that this is normally done, or the act of assigning, delivering, displaying for the 
purpose of assignment or delivery, exporting, importing, or providing through a 
telecommunications line goods that use or indicate a generic name in the way 
that thi s is normally done (including the act of providing services while 
indicating or using a Generic Term, etc. in the way that this is normally done, in 
the case of Unfair Competition listed in items (xiv) and (xvi) of said paragraph);  
 (ii) Unfair Competition  listed in Article 2, paragraph (1), items (i), (ii), and 
(xvi): the act of using one's own name with no Wrongful Purpose (meaning the 
purpose of acquiring a wrongful gain, the purpose of causing damage to others, or 
any other Wrongful Purpose; the same ap plies hereinafter), or the act of 
assigning, delivering, displaying for the purpose of assignment or delivery, 
exporting, importing, or providing through a telecommunications line goods that 
use one's own name with no Wrongful Purpose (including an act of providing 
services while using one's own name with no Wrongful Purpose, in the case of 
Unfair Competition listed in the same item s); 
 (iii) Unfair Competition listed in Article 2, paragraph (1), item (i): the act by a 
person who has used an Indication of G oods or Business that is identical or 
similar to another person's Indication of Goods or Business, since before said 
other person's Indication of Goods or Business became well -known among 
consumers ; or by a person who has succeeded to a business regarding said 
Indication of Goods or Business, in using said Indication of Goods or Business 
with no Wrongful Purpose, or in assigning, delivering, displaying for the purpose 
of assignment or delivery, exporting, importing, or providing through a 
telecommunications  line goods that use said Indication of Goods or Business with 16 
 no Wrongful Purpose;  
 (iv) Unfair Competition listed in Article 2, paragraph (1), item (ii) - the act by a 
person who has used an Indication of Goods or Business that is identical or 
similar to  another person's Indication of Goods or Business, since before said 
other person's Indication of Goods or Business became famous ; or by a person 
who has succeeded to a business regarding said Indication of Goods or Business, 
in using said Indication of Go ods or Business with no Wrongful Purpose, or in 
assigning, delivering, displaying for the purpose of assignment or delivery, 
exporting, importing, or providing through a telecommunications line goods that 
use said Indication of Goods or Business with no Wr ongful Purpose;  
 (v) Unfair Competition listed in Article 2, paragraph (1), item (iii): any of the 
following acts:  
(a) the act of assigning, leasing, displaying for the purpose of assignment or 
lease, exporting or importing goods that Imitate the Configura tion of Goods for 
which three years have elapsed since the date they were first sold in Japan; or  
 (b) the act by a person who has received goods that Imitate the configuration 
of another person's goods through  assignment (limited to the person who, at the  
time of receiving said goods through  assignment, was without knowledge that 
the goods Imitated the configuration of another person's goods, and was without 
gross negligence in not knowing said fact) in assigning, leasing, displaying for 
the purpose of ass ignment or lease, exporting, or importing said goods;  
 (vi) Unfair Competition listed in Article 2, paragraph (1), item (iv) to (ix) - the 
act by a person who has acquired a Trade Secret through a transaction (limited to 
the person who, at the time of acqu iring said Trade Secret, was without 
knowledge that the disclosure of the Trade Secret was an Act of Improper 
Disclosure or that there had been an intervening Act of Wrongful Acquisition or 
Act of Improper Disclosure with regard to that Trade Secret, and w as without 
gross negligence in not knowing said fact), in using or disclosing the Trade Secret 
within the scope of title  acquired through said transaction;  
 (vii) Unfair Competition listed in Article 2, paragraph (1), item (x) - the act  of 
assigning, deliv ering, displaying for the purpose of assignment or delivery, 
exporting, importing or providing through a telecommunications line  Things  
created by the act of using a Trade Secret after the rights prescribed in Article 15 
have extinguished pursuant to said Article;  
 (viii) Unfair Competition listed in Article 2, paragraph (1), items (xi) and (xii) - 
the act of assigning, delivering, displaying for the purpose of assignment or 
delivery, exporting, importing or providing through a telecommunications line, a 
Device prescribed in items (xi) and (xii) of said paragraph or a recording  medium 
on which a Program prescribed in the same items has been recorded  or a Machine  
on which a Program prescribed in the same items has been re stored , which is 
used for testing or r esearch for Technological Restriction Measures,.  17 
  (2) A person whose business interests have been infringed or are likely to be 
infringed through any of the acts listed in item (ii) or (iii) of the preceding 
paragraph may request the person specified in ea ch of the following items for the 
classification of acts listed in the relevant item, to use an appropriate indication 
in order to prevent confusion with his/her goods or business:  
 (i) acts listed in item (ii) of the preceding paragraph: the person using his/her 
own name (including the person who by himself/herself  assigns, delivers, 
displays for the purpose of assignment or delivery, exports, imports, or provides 
through a telecommunications line goods that use his/her own name); or  
 (ii) acts listed in i tem (iii) of the preceding paragraph: the person using the 
Indication of Goods or Business that is identical or similar to other person's 
Indication of Goods or Business, and the person who has succeeded to a business 
regarding said Indication of Goods or Business (including the person who by 
himself/herself  assigns, delivers, displays for the purpose of assignment or 
delivery, exports, imports or provides through a telecommunications line, goods 
that use said Indication of Goods or Business).  
 
 (Delegation  to Cabinet Order)  
Article 19 -2 (1) In addition to what is provided for in this Act, matters necessary 
for the adjustment of procedures between preservation for confiscation and 
disposition of delinquency that relate to disposition of delinquency shall be 
specified by Cabinet Order.  
 (2) In addition to what is provided for in this Act, matters necessary for 
procedures concerning intervention of a third party and a judicial decision under 
Article 32, procedures concerning preservation of confiscation and pre servation 
of collection under Chapter VIII, and p rocedures for international mutual legal 
assistance under Chapter IX (excluding matters prescribed in the preceding 
paragraph)  shall be specified by the Rules of the Supreme Court.  
 
 (Transitional Measures)  
Article 20  If Cabinet Order or Ordinance of the Ministry of Economy, Trade and 
Industry pursuant to the provisions of this Act is enacted, revised, or abolished, 
said order or ordinance may, to the extent deemed reasonably necessary for said 
enactment, rev ision or abolition, specify required transitional measures 
(including transitional measures concerning penal provisions).  
 
 
Chapter V Penal Provisions  
 
 (Penal Provisions)  
Article 21 (1) A person who falls under any of the following items shall be 18 
 punished  by imprisonment with required labor for not more than ten years, a fine 
of not more than twenty million yen, or both:  
 (i) a person who acquires a Trade Secret through an Act of Fraud, etc. 
(meaning the act of deceiving, assaulting, or intimidating a pers on; the same 
appl ies hereinafter in this Article) or through the Usurpation of Management 
(meaning the act of stealing property, 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 a 
Trade Secret maintains; the same appl ies hereinafter in this Article) for the 
purpose of acquiring a wrongful gain or ca using damage  to said Owner;  
 (ii) a person who uses or discloses a Trade Secret acquired through an Act of 
Fraud, etc. or through the Usurpation of Management, for the purpose of 
acquiring a wrongful gain or causing damage  to said  Owner;  
 (iii) a person to  whom the Owner of a Trade Secret has disclose d the Trade 
Secret, and who, for the purpose of acquiring a wrongful gain or causing damage  
to said  Owner, obtains the Trade Secret by any of the following means, in breach  
of the legal duty regarding  the manag ement of the Trade Secret;  
 (a) misappropriating  a Recording Medium Containing a Trade Secret, etc. 
(meaning a document, a drawing, or a recording medium in which a Trade Secret 
is described or recorded; the same appl ies hereinafter in this item) or a n object 
that represents a Trade Secret;  
 (b) reproducing a description or a record from a Recording Medium 
Containing a Trade Secret, etc., or a n object  that represents a Trade Secret;  
 (c) not deleting a description or a record that should be deleted from a 
Recording Medium Containing a Trade Secret, etc., and disguising this act as if 
the description or record in the recording medium containing the Trade Secret, 
etc. had been deleted.  
 (iv) a person to whom the Owner of a Trade Secret has disclosed  said Trade  
Secret and who, for the purpose of acquiring a wrongful gain or causing damage  
to said  Owner, uses or discloses a Trade Secret obtained through the means set 
forth in "a" to "c" of the preceding item, in breach of the legal duty regarding  the 
management o f the 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 appl ies in the following item) or employee of the Owner of a Trade Sec ret, to 
whom the Owner has disclosed  the Trade Secret and who, for the purpose of 
acquiring a wrongful gain or causing damage  to said  Owner, uses or discloses 
said Trade Secret, in breach of the legal duty regarding  the management of the 
Trade Secret (excl uding the person listed in the preceding item);  
 (vi) a person who was the Officer or employee of the Owner of a Trade Secret, to 19 
 whom the Owner had disclosed  the Trade Secret and who, for the purpose of 
acquiring a wrongful gain or causing damage  to said  Owner, has offer ed to 
disclose said Trade Secret, or receive d a request to use or disclose said Trade 
Secret , while at that job , in breach of the legal duty regarding  the management of 
the Trade Secret, and uses or discloses it after leaving that job (excl uding the 
person listed in item (iv));  
 (vii) a person who, for the purpose of acquiring a wrongful gain or causing 
damage  to said  Owner, uses or discloses a Trade Secret acquired by a disclosure 
that constitutes an offence prescribed in item (ii) or the p receding 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 acquiring a wrongful gain or causing 
damage  to said  Owner, uses or discloses a Trade Secret acquired know ing that 
there has been an intervening disclosure that constitutes an offence prescribed 
in item (ii) or items (iv) through the preceding item or paragraph (3), item (ii) 
(limited to the pa rt 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 acquiring a wrongful gain or causing 
damage  to said  Owner, assigns, delivers, displays for th e purpose of assignment 
or delivery, exports, imports, or provides through a telecommunications line 
Things  created  by an act of said person or another person  that constitutes an 
offence prescribed in item (ii) or items (iv) through the preceding item or 
paragraph (3), item (iii) (limited to an act of using a Technical Secret; hereinafter 
referred to as an "Act of Illegal Use" in this item and paragraph (1), item (ii) of 
the following Article) (excluding a person who has received said Things  by 
assignment w ithout know ing that said Things  were created by an Act of Illegal 
Use and assigned, delivered, displayed for the purpose of assignment or delivery, 
exported, imported, or provided through a telecommunications line said Things ). 
 (2) A person who falls unde r any of the following items shall 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 Purpose, commits any act of Unfair 
Competition listed in Article 2, paragraph (1), item (i) or (xiv);  
 (ii) a person who, for the purpose of acquiring a 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  said reputation or fame,  commits any act 
of Unfair Competition listed in Article 2, paragraph (1), item (ii);  
 (iii) a person who, for the purpose of acquiring a wrongful gain, commits any 
act of Unfair Competition listed in Article 2, paragraph (1), item (iii);  
 (iv) a person wh o, for the purpose of acquiring a wrongful gain , or for the 
purpose of causing damage to another person who is using Technological 20 
 Restriction Measures for his/her business  purposes , commits any act of Unfair 
Competition listed in Article 2, paragraph (1),  item (xi) or (xii);  
 (v) a person who makes a false indication on goods or services or in an 
advertisement thereof or in trade documents, or electronic correspondence, that 
is likely to cause a misconception as to the place of origin, quality, contents, 
manufacturing process, purpose , or quantity of said goods, or the quality, 
contents, purpose, or quantity of said services (excluding a person listed in item 
(i)); 
 (vi) a person who violates a Protective Order; or  
 (vii) a person who violates any provision  of Article 16, 17, or 18, paragraph (1).  
 (3) A person who falls under any of the following items shall 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 who commit s offen ces prescribed in paragraph (1), item (i) or (iii) 
for the purpose of use outside Japan;  
 (ii) a person who makes  a disclosure that constitutes offences prescribed in 
paragraph (1), item (ii) or items (iv) through (viii) know ing that the receiving 
party ha s the purpose of use outside Japan that constitutes  said offences; or  
 (iii) a person who use s a Trade Secret of an Owner 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 shall be punished.  
 (5) The offences prescribed in paragrap h (2), item (vi) may not be prosecuted 
without a complaint.  
 (6) The offences prescribed in each item of paragraph (1) (excluding item (ix)), 
paragraph (3), item (i) or (ii) or paragraph (4) (excluding the part  regarding  
paragraph (1), item (ix)) shall als o apply to a person who commit s said offences 
outside Japan in connection with a Trade Secret of an Owner conducting business 
within Japan.  
 (7) The offence prescribed in paragraph (2), item (vi) shall also apply to a person 
who commit s said offence outsid e Japan.  
 (8) The offence prescribed in paragraph (2), item (vii) (limited to the part under  
Article 18, paragraph (1)) shall 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 property listed in the following items may be confiscated:  
 (i) property caused or acquired by means of a criminal acts , or acquired  as 
reward for the criminal acts which  constitute the offences prescribed in 21 
 paragraphs (1), (3), and (4); and  
 (ii) property acquired  as the fruit of the property listed in the preceding item, 
property acquired  as consideration of the property listed in the same item, 
property received  in exc hange for  these property, and other property acquired  
pursuant to the holding or disposition of the property listed 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 is deemed to be replaced with "each item 
of Article 21, paragraph (10) of the Unfair Competition Prevention Act".  
 (12) When the property listed in each item of paragraph (10) cannot be 
confiscated or it is deemed to be inappropriate to confiscate said property due to 
the nature of said property, the condition of its use, existence or non -existence of 
rights of any person other than the offender regarding said property or other 
circumstances , the equivalen t value thereof  may be collected from the offender.  
Article 22 (1) When the representative of a judicial person , or the agent, 
employee, or other worker of a judicial person or of any person has committed the 
violation listed in any of the provisions of the following items with regard to the 
business of said judicial person or said person, in addition to the offender being 
subject to punishment, said judicial person shall be punished by the fine 
prescribed in said items, and said person shall 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 
the part regarding paragraph (1), items (ii), (vii), and (viii) of the same Article) or 
paragraph (4) (limited to the part regarding paragraph (3), item (i) (limited to 
the part regarding paragraph (1), item (i)  of the same Article), (ii) (limited to the 
part regarding paragraph (1), items (ii), (vii), and (viii) of the same Article) and 
(iii) (limited to the part regarding paragraph (1), items (ii), (vii), and (viii) of the 
same Article) of the same Article) of the same Article  - fine not more than one 
billion yen;  
 (ii) paragraph (1), item (i), (ii), (vii), (viii), or (ix) (excluding cases where a 
person who 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 an "Specified Act 
of Illegal Use" in this item and paragraph (3)) fa lls under the category ) or 
paragraph (4) (limited to the part regarding paragraph (1), item (i), (ii), (vii), 22 
 (viii), or (ix) of the same Article (excluding cases where a person who has 
committed an Specified Act of Illegal Use falls under the category) ) of the same 
Article - fine not more than five hundred million yen;  
 (iii) paragraph (2) of the preceding Article - fine not more than three hundred 
million yen.  
 (2) In a case referred to in the preceding paragraph, a complaint prescribed in 
paragraph (5) o f the preceding Article which is filed against the offender for an 
offence prescribed in paragraph (2), item (vi) of the same Article shall also have 
effect with respect to the judicial person or the person, and a complaint filed 
against the judicial perso n or the person shall also have effect with respect to  
said offender.  
 (3) The period of prescription for the punishment  by fine to which a judicial 
person or person is subject pursuant to the provisions of paragraph (1) in regard 
to violation under paragr aph (1), item (i), (ii), (vii), (viii), or (ix) ( excluding cases 
where a person who has committed an 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 th e 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 who has 
committed an Specified Act of Illegal Use falls under the category) or paragraph 
(3), item (i) (limited to the part regardi ng paragraph (1), item (i) of the same 
Article), (ii) (limited to the part regarding paragraph (1), item (ii), (vii), or (viii) 
of the same Article), or (iii) (limited to the part regarding paragraph (1), item (ii), 
(vii), or (viii) of the same Article) of  the same Article)  of the same Article , is the 
same as that for the offences referred to in the provisions of the same Article.  
 
 
Chapter VI Special Provisions on Criminal Proceedings  
 
 (Protective Rulings for Trade Secrets)  
Article 23 (1) When the court i s handling a case involving  a crime prescribed in 
Article 21, paragraph (1), (3) or (4) or a crime prescribed in paragraph (1) of the 
preceding Article (excluding item (iii)), the victim, the victim ’s statutory agent, 
or the attorney entrusted by either of  these persons files a petition not to reveal a 
matter in open court that will identify  all or part of the information that 
constitutes the Trade Secret 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 said matters will not be revealed in open court , setting the 
scope for this . 23 
  (2) The petition referred to in the preceding paragraph must be made to the 
public prosecutor in advance. In such a case, the public p rosecutor shall notify as 
such to the court 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 not to reveal a matter 
in ope n court that would allow all or part of the information that constitutes a 
Trade Secret held by the accused or other persons to be identified, if the court 
finds that the matter is indispensable as proof of the offence or for the defense of 
the accused but  that there is a risk that revealing the matter in open court would 
significantly hinder the accused ’s or other persons' business activities that are 
based on the Trade Secret, and if the court finds it to be appropriate , upon 
hearing the opinions of the o pponent, the court may rule that said matters will 
not be revealed in open court , setting the scope of this . 
 (4) When  the court has made a ruling prescribed in paragraph (1) or the 
preceding paragraph (hereinafter referred to as the "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 the constituent information of a Trade Secret to be 
identified ("matter that allows the constituent information of a Trade Secret to 
be identified" means a matter that allows all or part of the information that 
constitutes a Trade Secr et to be identified, which shall  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 the con stituent information of a Trade 
Secret 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 applicable penal 
statutes have been withdrawn or altered pursuant to Article 312 of the Code of 
Criminal Procedure (Act No. 131 of 1948), the court must  rescind, in a ruling, the 
all or part of the Protective Ruling and the all or part of the ruling prescribed in 
the preceding paragraph regarding  said Protective Ruling (hereinafter referr ed 
to as the "Ruling on a Term of Address, etc.") .  
 
 (Special Provisions on Manner of Reading Out Charging Sheet)  
Article 24  If a Protective Ruling has been issued, the charging sheet must be read 
out, under Article 291, paragraph (1) of the Code of Crimi nal Procedure , in a 
manner that does not reveal the matter that allows the constituent information 
of a Trade Secret to be identified. In this case, the public prosecutor must  show 
the charge sheet to the accused.  
 
 (Limiting Examinations)  24 
 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 the 
constituent information of a Trade Secret to be identified, unless limiting said 
examinations  or statements could mater ially interfere with proof of the offence 
or could be substantially detrimental to the defense of the accused, the presiding 
judge may limit said questions or statements. The same appl ies to questions for 
the accused by persons concerned in the case.  
 (2) The provisions of Article 295, paragraphs (4) and (5) of the Code of Criminal 
Procedure apply mutatis mutandis when the public prosecutor or attorney  acting 
as defense counsel has disobeyed  an order under the provisions of the preceding 
paragraph.  
 
 (Exami nation of Witnesses on Day Other Than Trial Date)  
Article 26 (1)  When the court has issued a Protective Ruling, if the court 
examines a witness, expert witness, 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 witness, the 
interpreter, or the translator, or questions for the accused or statement s of the 
accused will include the matter that allows the constituent information of a 
Trade Secret to be identified and that revealing said matter in open court would 
significantly hinder the victim ’s, accused ’s, or other persons' business activities 
that are based on the Trade Secret ; and the court finds that doing so is 
unavoidable in order to prevent said risk, the court may conduct said 
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 o f Criminal Procedure apply mutatis 
mutandis to the proceedings for asking the 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, pa ragraph (3) and 
Article 159, paragraph (1) of the Code of Criminal Procedure is deemed to be 
replaced with "defense counsel, the co -defendants, or their defense counsel"; "the 
accused and defense counsel" in Article 158, paragraph (2) of said Code is deeme d 
to be replaced with "defense counsel, the co -defendants, and their defense 
counsel"; "the trial date" in Article 273, paragraph (2) of said Code is deemed to 
be replaced with "the date of the proceedings for asking the statement of the 
accused under the provisions of Article 26, paragraph (1) of the Unfair 
Competition Prevention Act"; "the trial date" in Article 274 of said Code is 25 
 deemed to be replaced with "the date, time, and location of the proceedings for 
asking the statement of the accused under the provisions of Article 26, 
paragraph (1) of the Unfair Competition Prevention Act"; "documents which 
contain the results of the examination of witnesses or other persons, inspections, 
seizure or search, and objects seized" in Article 303 of said Code is de emed to be 
replaced with "documents which contain the results of the proceedings for asking 
the statement  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 is deemed to be replaced with the " documentary evidence".  
 
 (Examination of Witness es on Day Other Than Trial Date) 
Article 26 (1) If the court has issued a Protective Ruling , and the court  examines 
a witness, expert witness, interpreter , or translator , or 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 witness , the interpreter , or 
the translator, or questions for the accused  or statements of the accused  will 
include the matter that allows the constituent information of a Trade Secret  to be 
identified  and that revealing said matter in open court would significan tly 
hinder the victim’s, accused ’s, or other persons ' business activities that  are based 
on the Trade Secret ; and the court finds that doing so is un avoidable  in order to 
prevent  said risk,  the court may  conduct said 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 , parag raph  (1), Article 273 , paragraph  (2), 
Article 274 and Article 303 of the Code of Criminal Procedure apply mutatis 
mutandis to the proceedings for asking the statement  of the accused  under the 
provision s 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 , paragraph  (1) of the Code of Criminal Procedure is deemed to be 
replaced with  "defense counsel , the co -defendants , or their defense  counsel (s)"; 
"the accused  and defense  counsel" in Article 158 , paragraph  (2) of said Code is 
deemed to be replaced with  "defense counsel, the co -defendants , and their 
defense  counsel (s)"; "the trial date" in Article 273 , paragraph  (2) of said Code is 
deemed to be replaced  with  "the date of the proceedings for  asking the statement 
of the accused  under the provision s of Article 26 , paragraph  (1) of the Unfair 
Competition Prevention Act"; "the trial date" in Article 274 of said Code is 
deemed to be replaced with  "the date, ti me, and location of the proceedings for 
asking the statement of the accused  under the provision s of Article 26 , 
paragraph  (1) of the Unfair Competition Prevention Act"; "documents which 26 
 contain the results of the examination of witnesses or other persons, inspections, 
seizure or search, and objects seized" in Article 303 of said Code is deemed to be 
replaced with  "documents which contain the results of the proceedings  for asking 
the statement  of the accused  under the provision s of Article 26 , paragraph  (1) of 
the Unfair Competition Prevention Act"; and "documentary or material evidence" 
in the same Article is deemed to be replaced with  the "documentary evidence".  
 
 (Order to Produce or Show Document that Outlines Matters for Examining ) 
Article 27  If the cour t 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 
the statement of the accused  will be conducted on a day other than a trial date 
pursuant to the provision s of the pr eceding 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  examining  or state ments  to 
be made by the persons concerned in the case  or the ques tions for  the accused . 
 
 (Special Provisions on  the Manner of  Reading Out Documentary Evidence)  
Article 28  If a Protective Ruling  has been issued , the documentary evidence must 
be read out, under  the provision s of Article 305 paragraph (1) or (2) of the Co de of 
Criminal Procedure , in a manner that  does not reveal  the matter that allows the 
constituent information of a Trade Secret  to be identified . 
 (Ruling s in Pretrial Conference Procedures ) 
Article 29 The following acts may be taken in pretrial conference  procedures  and 
the 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 the 
statement 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 for Protective  Handling  of Trade Secret in Disclosure of Evidence)  
Article 30 (1)  If the public prosecutor or defense  counsel finds that , in providing 
an opportunity to inspect document ary or material evidence pursuant to the 
provision s of Article 299 , paragraph  (1) of the Code of Criminal Procedure in a 
case prescribed in Article 23 , paragraph  (1), there is a risk that revealing  a 
matter that allows all or part of the information that constitutes a Trade Secret  
to be identified as  prescribed in Article 23 , paragraph  (1) or (3) would  
significantly hinder the victim’s, accused ’s, or other persons ' business activities 
that are  based on the Trade S ecret , 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 said 27 
 matters , unless said matters are necessa ry 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 not learn of said matters , this is limited solely to  matters that are 
not written in the charging sheet.  
 (2) The provision s of the preceding paragraph apply mutatis mutandis if the 
public prosecutor or defense counsel  discloses evidence under  the provisions of 
Part II, Chapter III, Section 2, Subsection 1, Division 2 of the Code of Criminal 
Procedure (including as appl ied mutatis mutandis  pursuant to the provision s of 
Article 316 -28, paragraph  (2) of said Code).  
 
 (Delegation to Rules of Supreme Court)  
Article 31 In addition to  what is provided for in this A ct, matters necessary for  
the enforcement of the provisions referred to in  Articles 23 to the preceding 
Article are specified by the Rules of the Supreme Court.  
 
 
Chapter VII Special Provisions on  Procedures Concerning Confiscation  
 
 (Procedures for Confis cation of Property of Third Party)  
Article 32 (1) If a Claim, etc. (meaning property other than real property and 
movables; the same appl ies in Article 34) which is the property listed in each 
item of Article 21, paragraph (10) belongs to a person other th an 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 provision s of the preceding paragraph also apply if the property on 
which there exists superficies, a mortgage, or any other rights of a Third Party  is 
to be confiscated pursuant to  the provisions of Article 21, paragraph (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 the case where the property on 
which there exists superficies , a mortgage, or any other rights of a Third Party  is 
to be confiscated and the relevant rights should be continue d to exist pursuant  to 
the provisions of Article 15, paragraph (2) of the Organized Crime Punishment 
Act as applied mutatis mutandis pursuant to Article 21, paragraph (11).  
 (4) In addition to the matters otherwise provided by  this Act, the provisions of 
the Act on Emergency Measures on Criminal Procedure to Confiscate Items 
Owned by Third Parties (Act No. 138 of 1963) apply mutatis mutandis to the 
procedures for confiscation of property prescribed in paragraphs (1) and (2).  28 
   
(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 2 1, paragraph (10), and 
the provisions of Article 20 of the Organized Crime Punishment Act apply 
mutatis mutandis to the case where a request for registration of a transfer of 
rights is to be made to the relevant organization based on a judicial decision to  
confiscate the property 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 is deemed to be replaced with "Chapter VIII of the Unfair Competition 
Prevention Act ". 
 
 (Special Provisions on  Criminal Compensation)  
Article 34  The provisions of Article 4, paragraph (6) of the Criminal 
Compensation Act (Act No. 1 of 1950) apply mutatis mutandis to the contents of 
compensation under the same Act with regard to the execu tion of confiscation of 
Claims, etc.  
 
 
Chapter VIII  Preservation Proceedings  
 
 (Protective Order in Anticipation of Confiscation)  
Article 35 (1) With regard to the case under public prosecution concerning the 
offence s prescribed in Article 21, paragraphs (1), (3), and (4), if a court finds that 
there are reasonable grounds to consider that the relevant property is  the 
property which may be confiscated pursuant to paragraph (10) of the same 
Article ( hereinafter referred to as the " Property to be Confiscated ") and it is 
necessary for the confiscation of said property, the court may issue a protective 
order in anticipation of confiscation  to prohibit the disposition of said property , 
at the requ est of a public prosecutor or by its own authority.  
 (2) In cases where a court has issued or intends to issue a protective order in 
anticipation of confiscation with regard to property on which there exists 
superficies, a mortgage, or any other rights, if the court finds that there are 
reasonable grounds to consider tha t said rights will be extinguished through the 
confiscation and it is necessary for the confiscation of said property, or if the 
court finds that there are reasonable grounds to consider that said rights are 
fake, the court may issue an ancillary protectiv e order separately to prohibit the 
disposition of said rights , at the request of a public prosecutor or by its own 
authority.  
 (3) If a judge  finds that there are the grounds and necessity prescribed in the 
preceding two paragraphs, even before the institu tion of prosecution, the judge 29 
 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 the 
judicial police officer who is a police officer, limited to a perso n who is a police 
inspector or in a higher rank designated by the National Public Safety 
Commission or the Prefectural Public Safety Commission ). 
 (4) In addition to  what is provided for in the preceding three paragraphs, the 
disposition under these provis ions shall be governed by  the provisions  of the 
prohibition of the disposition pursuant to the protective order in anticipation of 
confiscation and the ancillary protective order under Chapter IV, Sections 1 and 
3 of the Organized Crime Punishment Act.  
 
 (Protective Order in Anticipation of Collection)  
Article 36 (1) With regard to the case under public prosecution concerning the 
offence s prescribed in Article 21, paragraphs (1), (3), and (4), if there are 
reasonable grounds to consider that the collection 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 , the 
court may issue a protective order in anticipation of collectio n to prohibit the 
accused to  dispos e the property , at the request of a public prosecutor or by its 
own authority.  
 (2) If a judge finds that there are the grounds and necessity prescribed in the 
preceding paragraph, even before the institution of prosecuti on, the judge may 
conduct the disposition prescribed in the same paragraph , at the request of a 
public prosecutor.  
 (3) In addition to  what is provided for in the preceding two paragraphs, the 
disposition under these provisions shall be governed by  the provisions  of the 
prohibition of the disposition pursuant to the protective order in anticipation of 
collection under Chapter IV, Sections 2 and 3 of the Organized Crime 
Punishment Act.  
 
 
Chapter IX Procedures for International Mutual Legal Assistance in 
Exec ution of Judicial Decision and Preservation for Confiscation 
and Collection  
 
 (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, or preservation of 
property for confiscation or collection with regard to a criminal case of said 
foreign state ( limited to the case where the act constituting the offence  which is 
alleged to have been committed in said case constitutes the offence s prescribe d in 30 
 Article 21, paragraph (1), (3), or (4) if said act were to be committed in Japan ), 
unless the relevant case falls under any of the following items, assistance may be 
provided for said request:  
 (i) when it would be deemed impossible to impose a punish ment under 
Japanese laws and regulations  if the act constituting the Offence for which 
Assistance is Requested (meaning an offence which is alleged to have been 
committed in a request for assistance; the same appl ies hereinafter in this 
paragraph) were to be committed in Japan ; 
 (ii) when the 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 property regarding the request would not be subject to a judicial 
decision on confiscation or preservation for confiscation con cerning 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 ; 
 (iv) with regard to assistance for execution of a final and bin ding decision  
concerning collection or assistance through  preservation for collection , when the 
case would not be one that a court may issue  a judicial decision on collection or 
preservation for collection concerning 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  concernin g confiscation , a person who has  reasonable 
grounds to consider that said person has the property 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 , a person who 
is subject to said judicial decision , was unable to claim said person's rights in the 
proceedings for said judicial decision  due to grounds not attributable to said 
person; or  
 (vi) with regard to assistance through  preserv ation for confiscation or 
collection,  except for the request based on a judicial decision on preservation for 
confiscation or collection which was rendered by a court or a judge of a 
requesting country or the request after the final and binding decision  on 
confiscation or collection, when there is no reasonable ground to suspect that the 
act constituting the Offence for which Assistance is Requested has been 
committed or when it is deemed that there is no grounds prescribed in Article 35, 
paragraph (1) or p aragraph (1) of the preceding Article  if said act were to be 
committed in Japan . 31 
  (2) In providing assistance for execution of a final and binding decision  on 
confiscation regarding the property on which there exists superficies, a mortgage, 
or any other r ights, if said right was to be  continued to exist s upon confiscation of 
said property under Japanese laws and regulations, said rights shall be 
continued.  
 
 (Confiscation that is Deemed to be Collection)  
Article 38 (1)  In the case of  a request for assistan ce for execution of a final and 
binding decision  to confiscate , in lieu of the property listed in each item of Article 
21, paragraph (10), the property whose value is equivalent to the value of said 
property and which is held by the person who was subject to said judicial decision, 
said final and binding  decision  are deemed to be the final and binding decision  to 
collect the value of said property from said person , in providing assistance 
pursuant to this Act.  
 (2) The provisions of the preceding paragraph apply mutatis mutandis to a 
request for assistance through  preservation for confiscation of the property, in 
lieu of the property listed in each item of Article 21, paragraph (10), whose value 
is equivalent to the value of said property.  
 
 (Transfer of Pro perty in Providing Assistance to Requesting Country)  
Article 39 If a foreign state , which has made a request for assistance for 
execution of a final and binding decision on confiscation or collection prescribed 
in Article 37, paragraph (1) , makes a request  for transfer of property or an 
equivalent sum of money in providi ng said assistance, all or part of said property 
or equivalent sum of money may be transferred.  
 
 (Treatment of Assistance Pursuant to Organized Crime Punishment Act)  
Article 40 In addition to what is provided for in the preceding three Articles, 
assistance under Article 37 and transfer under the preceding Article shall be 
governed by  the provisions of assistance and transfer under Chapter VI of the 
Organized Crime Punishment Act.  
 
 
Supplemen tary Provisions [Extract]  
 
 (Effective Date)  
Article 1  This Act shall come into effect on the day specified by Cabinet Order, 
within a period not exceeding one year from the day of its promulgation.  (Came 
into effect  on May 1, 1994, by Cabinet Order No. 44  of 1994)  
 
 (Transitional Measures)  32 
 Article 2  Except as otherwise provided, the provisions of the post -revision Unfair 
Competition Prevention Act (hereinafter referred to as the "New Act") also apply 
to matters that arose before this Act came into effect; provided, however, that 
this does not preclude any effect that had arisen based on the pre -revision 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 Ar ticle 5 
shall not apply to the continuation of any of the following acts that were 
commenced before this Act came into effect:  
 (i) an act that falls under the act listed in Article 2, paragraph (1), item (ii) 
(excluding an act that falls under item (i) of  the same 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 ca use a 
misconception as to the quality, contents, purpose, or quantity of said services, or 
the act of providing services while using  said indication.  
Article 4 The provisions of Articles 3 to 5, Article 14, and Article 15 of the New 
Act shall not apply to acts of Unfair 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 pr escribed in item (viii) of the same paragraph that 
took place before June 15, 1991, if said acts of Unfair Competition are committed 
on or after said date (excluding an act that falls under the following items), or to 
the continuation of the act of using a  Trade Secret prescribed in item (vii) of the 
same paragraph that was commenced before said date:  
 (i) the act of disclosing a Trade Secret as prescribed in Article 2, paragraph (1), 
items (iv) to (vi), item (viii), and item (ix) of the New Act; or  
 (ii) the act of acquiring a Trade Secret as prescribed in Article 2, paragraph (1), 
item (v) and (viii) of the New Act, and the act of using a Trade Secret that was 
acquired through said act.  
Article 5  The provisions of Article 7 of the New Act apply to litigati on filed after 
this Act comes into effect, and with regard to litigation filed before this Act comes 
into effect, the provisions then in force shall remain applicable.  
Article 6 The provisions of Article 14 shall not apply to the continuation of an act 
that falls under the act listed in Article 2, paragraph (1), item (ii) or (xiv) that 
was commenced before this Act comes into effect (excluding an act that falls 
under item (i) of the same paragraph).  
Article 7  A person who has obtained a permission prescribe d in Article 4, 
paragraphs (1) to (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) to (3) or the proviso to Article 17 of th e New 
Act. 33 
 Article 8 The provisions of Article 16 of the New Act shall not apply to a person 
who has 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 Art icle 17 of the New Act shall not apply to the 
continuation of anything that falls under the category of the act of using a Mark 
Similar to that of an International Organization (excluding a Mark 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 "Mark Similar to that of a Private International Organizati on") 
as a Trademark, or the act of assigning, delivering, displaying for the purpose of 
assignment or delivery, exporting, importing, providing through a 
telecommunications line  goods that use a Mark Similar to that of a Private 
International Organization as a Trademark  or providing services using a Mark 
Similar to that of a Private International Organization as a Trademark, which is 
prescribed in Article 17 of the New Act, if said act is commenced before this Act 
comes into effect.  
Article 10 The provision s of Article 21 (excluding the part under  Article 21, 
paragraph (2), item (vi)) and Article 22 of the New Act shall not apply to the 
continuation of an act that falls under the act listed in Article 3, item (ii) of the 
Supplementary Provisions of this Act,  if said act was commenced before this Act 
comes into effect.  
Article 11 With regard to a request prescribed in Article 3 of the Former Act 
made by a foreign national prescribed in the same Article against an act that was 
committed before this Act comes in to effect, the provisions then in force shall 
remain applicable.  
 
 (Transitional Measures for Application of Penal Provisions)  
Article 13  With regard to application of the penal provisions to an act that was 
committed before this Act comes into effect, the  provisions then in force shall 
remain applicable.  
 
 (Delegation to Cabinet Order)  
Article 14 In addition to what is provided for in Articles 2 to 11 and Article 13 of 
the Supplementary Provisions of this Act, the transitional measures necessary 
for enforc ement of this Act shall be specified by Cabinet Order.