WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/JPN/O/3 
14 February 2007 
 (07-0639) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
 
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
JAPAN
 
  The present document reproduces the text
1 of the Unfair Competition Act (Act No. 47 
of 19 May 1993, as last amended by Act No. 75 of 29 June 2005 (which entered into force 
on 1 November 2005)), as notified by Japan under Article 63.2 of the Agreement (see document 
IP/N/1/JPN/6). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
JAPON  
 
 Le présent document contient le texte1 de la Loi sur la concurrence déloyale (Loi n° 47 du 
19 mai 1993, telle qu'elle a été modifiée par la Loi n° 75 du 29 juin 2005 (qui est entrée en vigueur le 1
er novembre 2005)), notifiée par le Japon au titre de l'article 63:2 de l'Accord (voir le document 
IP/N/1/JPN/6). 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
JAPÓN  
  En el presente documento se reproduce el texto
1 de la Ley sobre la Competencia Desleal (Ley 
Nº 47 de 19 de mayo de 1993, modificada por últi ma vez por la Ley Nº 75 de 29 de junio de 2005, 
que entró en vigor el 1º de noviembre de 2005), notifi cado por el Japón en virtud de lo dispuesto en el 
párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/JPN/6). 
 
                                                      
1 In English only. The text in the original language is available for consultation by interested 
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le 
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas 
podrán consultar en la Secretaría de la OMC el texto en su idioma original. IP/N/1/JPN/O/3 
Page 2  
 
  Unfair Competition Prevention Act 
(Act No.47 of May 19, 1993, as last ame nded by Act No. 75 of June 29, 2005) 
[ENTRY INTO FORCE: November 1, 2005] 
 
Article 1 (Purpose) 
 The purpose of this Act is to provide for ma tters such as measures for the prevention of 
unfair competition and compensation for damages caused by unfair competition, in order to ensure fair competition among business operators and accurate implementation of international agreements related thereto, and thereby contribute to the sound development of 
the national economy. 
 
Article 2 (Definitions) 
(1) The term "unfair competition" as used in  this Act shall mean any of the following:  
(i) acts of creating conf usion with another person's goods or business  by using an 
indication of goods or business (which means a name, trade  name, trademark, mark, or 
container or package of goods used in relation  to a person's business, or any other 
indication of a person's goods or business; the sa me shall apply hereinaf ter) that is identical 
or similar to said person's indication of  goods or business that is well-known among 
consumers or other purchasers , or by assigning, de livering, displaying for the purpose of 
assignment or delivery, exporting, importi ng or providing through an electric 
telecommunication line the goods using such an indication; (ii) acts of using as one's own an indication of goods  or business that is identical or similar 
to another person's famous indication of goods  or business, or the act of assigning, 
delivering, displaying for the purpose of assi gnment or delivery, exporting, importing or 
providing through an electric te lecommunication line the goods using such an indication; 
(iii) acts of assigning, leasing, displaying for the purpose of assignment or leasing, 
exporting or importing goods which imitate the configuration (excludi ng configuration that 
is indispensable for ensuring the functi on of said goods) of another person's goods; 
(iv) acts of acquiring a trade se cret by theft, fraud, dure ss or other wrongful means 
(hereinafter referred to as "act s of wrongful acquisition"), or th e act of using or disclosing a 
trade secret so acquired (includi ng the act of disclosing such trade secret in confidence to a 
specific person or persons; the same shall apply hereinafter); 
(v) acts of acquiring a trade secret with the knowledge that such trade secret has been 
acquired through acts of wrongful acquisition or without the knowledge of such matter due 
to gross negligence, or acts of using or  disclosing a trade secret so acquired; 
(vi) acts of using or disclosing a trade secret after becoming aware or not becoming aware 
of such matter due to gross negligence;, subseque nt to its acquisition, that such trade secret 
was acquired through wrongful acquisition (vii) acts of using or disclosing a trade secret , which has been disclosed by the business 
operator holding such trade secret (hereinafter referred to as the "holder"), for the purpose 
of unfair business competition or  otherwise acquiring an illici t gain, or causing injury to 
such holder; (viii)  acts of acquiring a trade secret with th e knowledge or, without the knowledge due to 
gross negligence, that there has been an improper disclosure of such trade secret (which 
means, in the case prescribed in the preceding item, acts of disclosing a trade secret for the 
purpose prescribed in said item, or acts of disc losing a trade secret in breach of a legal duty 
to maintain secrecy; the same shall apply here inafter) or that such trade secret has been  IP/N/1/JPN/O/3 
 Page 3 
 
 
  acquired through improper disclosure, or acts of using or disclosi ng a trade secret so 
acquired; (ix) acts of using or disclosing an acquired trade secret afte r becoming aware or not being 
aware of such matter due to gross negligence, subsequent to its acqui sition, that there has 
been improper disclosure of such trade secret  or that such trade secret has been acquired 
through improper disclosure; (x) acts of assigning, delivering, displaying fo r the purpose of assignment or delivery, 
exporting or importing (a) devices (including m achines incorporating such devices) having 
the sole function of enabling the viewing of images or hearing of sounds, the running of 
programs, or the recording of images, so unds or programs which are restricted by 
technological restriction measures that ar e used in business (excluding technological 
restriction measures used  to restrict all but specific pers ons from viewing images or hearing 
sounds, running programs, or recording imag es, sounds or programs), by obstructing the 
effect of such technological rest riction measures, or (b) data storage media or machines on 
which programs having only such function (inc luding other types of programs combined 
with such programs) have been recorded, or acts of providing programs having only such 
function through an electric  telecommunication line; 
(xi) acts of assigning, delivering,  displaying for the purpose of assignment or delivery, 
exporting or importing to all but specific persons (a) devices (including machines 
incorporating such devices) having the sole fu nction of enabling the viewing of images or 
hearing of sounds, the running of programs, or the recording of images, sounds or programs 
which are restricted by technological restric tion measures that are used in business to 
restrict all but said specific persons from  viewing images or hearing sounds, running 
programs, or recording images, sounds or pr ograms, by obstructing the effect of such 
technological restriction measures, or (b) data storage media or machines on which 
programs having only such function (including  other types of programs combined with 
such programs) have been recorded, or th e act of providing progr ams having only such 
function through an electric  telecommunication line; 
(xii) acts of acquiring or holding a right to use a domain name(s) that is identical or similar 
to another person's specific indication of goods  or services (which means a name, trade 
name, trademark, mark, or any other indication of  a person's goods or services), or the acts 
of using any such domain name(s), for the pur pose of acquiring an illi cit gain or causing 
injury to another person; (xiii)  acts of misrepresenting information on goods  or services, or in an advertisement 
thereof or in a document or correspondence us ed for a transaction related thereto, in a 
manner that is likely to mislead the public as to the place of origin, quality, contents, 
manufacturing process, use or quantity of such goods , or the quality, contents, purpose or 
quantity of such services, or the act of assigning, delivering, displaying for the purpose of assignment or delivery, exporting, importi ng or providing through an electric 
telecommunication line, goods with such an i ndication or providing serv ices with such an 
indication; 
(xiv)  acts of making or circulating a false alle gation that is injurious to the business 
reputation of another person in a competitive relationship; (xv) acts by an agent, representative, or a person who was, within one y ear of the date of 
the act, an agent or representative of an owner of a right relating to a trademark (such right 
shall be limited to a right equivalent to a trad emark right; hereinafter simply referred to as a 
"right" in this item) in a c ountry of the Union established by the Paris Convention (which 
means the Paris Convention as defined in Ar ticle 4(1)(ii) of the Trademark Act (Act IP/N/1/JPN/O/3 
Page 4  
 
  No. 127 of 1959)) or in a Member  of the World Trade Organization or in a contracting 
party to the Trademark Law Treaty, without a legitimate reason and the consent of the 
owner of such right, using a trademark identical or similar to the trademark relating to such 
right in respect of goods or servi ces identical or similar to those relating to such right, or the 
act of assigning, delivering, displaying for th e purpose of assignment or delivery, exporting, 
importing or providing through an electric telecommunication line goods using such 
trademark, which are identical or similar to the goods relating to such  right, or providing 
services using such trademark, which are identica l or similar to the services relating to such 
right.  
(2) The term "trademark" as used in this Act shall mean a trademark as defined in 
Article 2(1) of the Trademark Act. (3) The term "mark" as used in this Act shall mean a mark as defined in Article 2(1) of the 
Trademark Act. (4) The term "configuration of goods" as used in this Act shall mean the external and internal 
shape of goods and the pattern, color, gloss, an d texture combined with such shape, which 
may be perceived by consumers or other purch asers when making ordinary use of the goods. 
(5) The term "imitate" as used in this Act shal l mean an act of crea ting goods of practically 
identical configuration as that  of another person's goods, base d on the configur ation of the 
goods of said person.  
(6) The term "trade secret" as used in this Act shall mean technical or business information 
useful for commercial activities  such as manufacturing or ma rketing methods that is kept 
secret and that is  not publicly known. 
(7) The term "technological restri ction measures" as used in this Act shall mean measures 
which restrict the viewing of images or h earing of sounds, or running of programs, or 
recording of images, sounds or programs th rough electromagnetic means (which means 
electronic means, magnetic means or other m eans that are imperceptible by humans), and 
which adopt a method of recording on data stor age media or transmitting signals that make 
machines for viewing and hearing (which me ans machines used for viewing images or 
hearing sounds, running programs,  or recording images, sounds or programs; the same shall 
apply hereinafter) react in a specific manner alon g with the images, sounds or programs, or a 
method of recording on data storage media or transmitting converted images, sounds or 
programs, which require specific conversion by the machines for viewing and hearing. 
(8) The term "program" as used in this Act shall mean instructions given to a computer, 
combined so as to obtain a certain result. (9) The term "domain name(s)" as used in this Ac t shall mean letters, numbers, signs or other 
symbols or any combination thereof that co rrespond to the numbers, signs, letters or any 
combination thereof assigned to identify each computer on the Internet. (10) The term "articles" as used in th is Act includes computer programs. 
 
Article 3 (Right to seek an injunction) 
(1) A person whose business interests have been  infringed or are likel y to be infringed by 
unfair competition may seek an injunction suspending or preven ting the infringement against 
the person that infringed or is likely to infringe such business interests. 
(2) A person whose business interests have been  infringed or are likel y to be infringed by 
unfair competition may seek, upon s eeking an injunction pursuant to the preceding paragraph, 
destruction of the articles that constituted the act of infringement (including articles created 
by the act of infringement; the same shall apply in Article 5(1)), removal of the equipment  IP/N/1/JPN/O/3 
 Page 5 
 
 
  used for the act of infringement, or other ac ts required for suspensi on or prevention of the 
infringement.  
Article 4 (Damages)   
 A person who intentionally or negligently in fringes on the business interests of another 
person by unfair competition shall be liable for damages resulting therefrom. However, this Article shall not apply to damage s resulting from the use of a trade secret after the rights 
prescribed in Article 15 have extingu ished pursuant to the said Article. 
 
Article 5 (Presumption of am ount of damages, etc.) 
(1) Where a person whose business interests have  been infringed by unfair competition listed 
in Items 1 to 9 or Item 15 of Article 2(1) (with  regard to the unfair competition listed in Items 
4 to 9 of the same paragraph, only unfair compe tition that involves a te chnical secret [which 
means a manufacturing method or other technical information us eful for business activities 
that is kept secret and not publ icly known]) (hereinafter referred to as the "infringed person" 
in this paragraph) claims damages caused by such an infringement from a person who has 
intentionally or negligently infringed such busin ess interests, and where the infringer has sold 
or otherwise transferred the articles constitutin g the act of infringement, the quantity of the 
articles sold or transferred (hereinafter refe rred to as the "transferred quantity" in this 
paragraph) multiplied by the amount of profit per unit of the articles that the infringed person 
could have sold in the absence of the infringement may be de emed as the amount of damages 
suffered by the infringed person, provided it does  not exceed the amount attainable by the 
infringed person's capability to sell or conduct other acts concer ning said arti cles. However, 
where there are any circumstances that would have prevented the infringed person from 
selling the quantity of articles equivalent to al l or part of the transferred quantity, an amount 
corresponding to the quantity relevant to such circumstances shall be deducted. 
(2) Where a person whose business interests ha ve been infringed by unfair competition 
claims damages caused by a person who intentiona lly or negligently infringed such business 
interests and received profits through the act of  infringement, the amount of such profits shall 
be presumed to be the amount of damages suffered by the person whose business interests 
were infringed. 
(3) A person whose business interests have been infringed by unfair competition listed in 
Items 1 to 9, Item 12, or Item 15 of Article 2(1) may claim, from the person who has 
intentionally or negligently infringed such busin ess interests, an amount equivalent to the 
amount of money that should be  awarded against the acts pr escribed respectively in the 
following items for the classification of unfai r competition listed therein, as the amount of 
damages suffered by the infringed person: 
(i)  unfair competition listed in Items 1 or 2 of Ar ticle 2(1) - use of an indication of goods 
or business pertaining to such infringement; (ii) unfair competition listed in Item 3 of Article  2(1) - use of a configuration of goods 
pertaining to such infringement; 
(iii)  unfair competition listed in Items 4 to 9 of  Article 2(1) - use of a trade secret 
pertaining to such infringement; (iv) unfair competition listed in Item 12 of Article 2(1) - use of a domain name pertaining 
to such infringement; and 
(v)  unfair competition listed in Item 15 of Articl e 2(1) - use of a trademark pertaining to 
such infringement. IP/N/1/JPN/O/3 
Page 6  
 
  (4) The provisions of the preceding paragrap h shall not preclude a claim for damages 
exceeding the amount prescribed in the paragraph. In such a case, if the person who infringed 
such business interests did not do so intentiona lly or through gross negligence, the court may 
take this into consideration in determining the amount of damages. 
 
Article 6 (Obligation to clearly indicate the specific manner)  
 In a lawsuit for the infringement of business interests by unfair competition, where a person 
alleging that his/her business interests have been  infringed or are likely to be infringed by 
unfair competition asserts that the act of infringement was constituted by a specific manner of 
article or process, the adverse party must, in order to deny this allegation, clarify the specific 
manner of his/her own act. However, this do es not apply when the adverse party has 
reasonable grounds for not being able to disclose such information.  
Article 7 (Production of documents, etc.) 
(1) In a lawsuit for the infringement of busin ess interests by unfair competition, the court 
may, upon motion of a party, order a party to produce any documents necessary for proving 
the act of infringement or assessing th e amount of damages caused by such act of 
infringement. However, this does not apply when  the holder of the documents has justifiable 
grounds for refusing to produce them. 
(2) Where the court finds it necessary for determ ining the presence of a justifiable reason 
prescribed in the proviso to the preceding paragraph, it may require the holder of the 
documents to produce said documents. In such a case, no person may request disclosure of 
the produced documents. (3) In the case of the preceding paragraph, where the court finds it necessary to disclose the 
documents prescribed in the second sentence of the preceding paragraph and to hear the 
opinions of a party, etc. (which means a pa rty [in the case of a juridical person, its 
representative], an agent [excluding a counsel or  an assistant], an employee, or other workers 
of a party; the same shall apply hereinafter), it  may disclose said documents to the party, etc. 
(4) The provisions of the preceding three paragraphs shall apply mutatis mutandis to the 
production of the objects of inspection necessary  for proving the alleged act of infringement 
in a lawsuit for the infringement of  business interests by unfair competition. 
 
Article 8 (Expert opinion for damage assessment) 
  In a lawsuit for the infringement of busin ess interests by unfair competition, where the 
court, upon motion of a party, orde rs an expert opinion to be gi ven with respect to the matters 
necessary for assessing the damages caused by the act of infringement, the parties shall 
explain to the expert witness the matters  necessary for giving the expert opinion. 
 
Article 9 (Award of reasonable damages) 
 In a lawsuit for the infringement of busin ess interests by unfair competition, where damages 
were found and it is extremely difficult to prove the facts nece ssary for proving the amount of 
damages due to the nature of said facts, the court may awar d a reasonable amount of damages 
based on the overall purpor t of the oral arguments and the results of the examination of 
evidence.  
Article 10 (Protective order) 
(1) In a lawsuit for the infringement of busine ss interests by unfair co mpetition, where there 
is prima facie evidence showing that a trade se cret held by a party of the lawsuit falls under  IP/N/1/JPN/O/3 
 Page 7 
 
 
  both of the following grounds, the court may, upon motion of the party and by means of a 
ruling, order a party, etc., a counsel, or an assist ant not to use the trade secret for any purpose 
other than pursuing the lawsuit or to disclo se it to a person other than those who have 
received the order prescribed in this paragraph with regard to said trade secret; however, this 
does not apply when the party, etc., the counsel, or the assistant had already acquired or held 
the trade secret by means other than the readin g of the brief prescribed in Item 1 or the 
examination or disclosure of evidence prescribed in the same item: 
(i) the trade secret held by the party is writte n in an already-produced or a to-be-produced 
brief, or included in the contents of alr eady-examined or to-be-examined evidence 
(including documents disclosed pursuant to Ar ticle 7(3) or a document disclosed pursuant 
to Article 13(4)); and (ii) the party's business activities based on the trade secret under the preceding item are 
likely to become hindered by the use of said trade secret for purposes other than pursuing the lawsuit or its disclosure, and it is necessary to restrict the use or disclosure of the trade 
secret in order to prevent this. 
(2) A motion for the order prescribed in the preced ing paragraph (hereinafter referred to as 
the "protective order") shall be made in  writing and include the following matters: 
(i)    the person who was issu ed the protective order;  
(ii)  facts that are sufficient for identifying the trade secret to be made the subject of the 
protective order; and 
(iii) facts that fall within the grounds listed in the respective items of the preceding 
paragraph. 
(3) When issuing a protective order, the court shall serve a decision letter on the person who 
was issued the protective order. 
(4) A protective order takes effect when a deci sion letter is served on the person who was 
issued the protective order. (5) When the court dismisses a motion for a protective order, the party may lodge an 
immediate appeal against the decision.  
Article 11 (Cancellation of  a protective order)  
(1) A movant for a protective order or a person who was issued a protective order may file a 
motion for cancellation of the protective order with  the court where the record of the case is 
kept (when no such court exists, the court that issued the protective order) on the ground that 
the requirement prescribed in the preceding article is not met or is no longer met. 
(2) When the court makes a decision on a moti on for cancellation of a protective order, it 
shall serve a decision letter on the movant and the adverse party. 
(3) An immediate appeal may be lodged against a decision on the motion for cancellation of a 
protective order. (4) A decision to cancel a protective order shall not take effect until the decision becomes 
final and binding. 
(5) Where a court has made a decision to cancel a protective order, if  the court had, during 
the same lawsuit in which the protective order was issued, issued a protective order for the protection of the trade secret ag ainst any person other than the movant for cancellation of the 
protective order or the adverse pa rty, it shall immediately notify th at person of the decision to 
cancel the protective order. 
 IP/N/1/JPN/O/3 
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  Article 12 (Notice of a request for inspection, etc. of the record of the case) 
(1) Where a court has made a ruling under Article  92(1) of the Code of Civil Procedure 
(Act No. 109 of 1996) with regard to the record of the case pert aining to the lawsuit in which 
a protective order has been issued  (excluding a lawsuit in which all the protective orders have 
been cancelled), if there was a request for insp ection, etc. of the portion of the record that 
represents the secret prescribed in the same paragraph by a party, and the person who performed the procedure for such request has not been issued a protective order in the 
lawsuit, the court clerk shall, immediately after the request, notify the party who filed the motion under the same paragraph (excluding the requester; the same shall apply in 
Paragraph 3) of the fact th at such a request was made. 
(2) In the case of the preceding paragraph, th e court clerk must not allow the party who 
performed the procedure for the request under the same paragr aph to conduct inspection, etc. 
of the portion of the record that represents th e secret until two weeks have passed since the 
date of the request (if a motion for a protectiv e order against the pers on who performed the 
procedure for the request was filed on or before such date, until the date when the decision on 
the motion becomes final and binding). (3) The provisions of the preceding two paragraphs shall not apply when there is consent 
among all parties who filed a motion under Article 92(1) of the Code of  Civil Procedure to 
allow the party who made the request under Paragraph 1 to conduct inspection, etc. of the 
portion of the record that represents the secret. 
 
Article 13 (In camera examin ation of the parties)  
(1) In a lawsuit for the infringement of bus iness interests by unfair competition, where a 
party, etc. is to be examined as a party itself  or a legal representative or as a witness with 
regard to a matter that serves as the basis for determining th e presence or absence of the 
infringement and falls under a trade secret held by the part y, and when the court, by the 
unanimous consent of the judges,  finds that the party, etc. is unable to give sufficient 
statements regarding the matter because it is cl ear that giving statements regarding the matter 
in open court will significantly hinder the pa rty's business activities that are based on the 
trade secret, and that, without said statements by the party, the court is unable to make an 
appropriate decision on the pr esence or absence of infringe ment on business interests by 
unfair competition which should be made based on the determination of said matter, it may 
conduct the examination on the matter in camera by means of a ruling. (2) The court shall hear the opinion of the pa rty, etc. before making the ruling under the 
preceding paragraph. 
(3) In the case of the preceding paragraph, the court may order the party, etc. to produce a 
document that outlines the matters to be stat ed. In such a case, no  person may request 
disclosure of the produced document. (4) Where the court finds it necessary to disc lose the document under the second sentence of 
the preceding paragraph and to hear the opini on of the party, etc., the counsel, or the 
assistant, it may disclose the document to such person. 
(5) Where the court will conduct examination on a matter in camera pursuant to the provision 
of Paragraph 1, it shall render a j udgment to that effect and the reason thereof to the members 
of the public present before making them leav e the courtroom. When the examination on the 
matter ends, the court shall have the memb ers of the public re enter the courtroom. 
  IP/N/1/JPN/O/3 
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  Article 14 (Measures to restore business reputation)  
 The court may order a person who has intentiona lly or negligently committed an act of unfair 
competition and thereby injured the business re putation of another person to take, upon the 
request of the person whose business reputation has been so injured, necessary measures for 
restoring the business reputation of that person in lieu of or in addition to compensation for 
damages.  
Article 15 (Statute of limitations)  
 The right to seek, pursuant to the provision of  Article 3(1), suspension or prevention of 
infringement committed through an act of usi ng a trade secret among the acts of unfair 
competition listed in Articles 2(1)(iv) to (ix)  shall be extinguished by prescription when the 
person who commits such an act continues the act and the right- holder whose business 
interests have been infringed or are likely to be infringed by such act does not exercise the 
right within three years from th e time that the right-holder become s aware of such fact and of 
the person committing such act. The same shall apply when ten years have elapsed from the 
time of commencement of such act.  
Article 16 (Prohibition of commercial use of foreign national flags, etc.)  
(1) No person shall use, as a trademark, a mark iden tical to a flag, a crest,  or other emblem of 
a foreign state, which is specified by an Ordi nance of the Ministry of Economy, Trade and 
Industry (such emblem is hereinafter referred to as a "state emblem of a foreign state") or a 
mark similar to a state emblem (such identical or similar mark is hereinafter referred to as a "mark similar to a state emblem of a foreign state"), or shall sell or otherwise transfer, deliver, display for the purpose of assignment or delivery, export, import or provide through 
an electronic telecommunication line goods usi ng a mark similar to a state emblem of a 
foreign state as a trademark, or shall provide se rvices using a mark similar to a state emblem 
of a foreign state as a trademark. However, th is 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 dispositio n similar to permission) for use of the state 
emblem of a foreign state. 
(2) In addition to the provision of the preceding paragraph, no person shall use, in a manner 
that is likely to mislead the public as to th e place of origin of goods , a state emblem of a 
foreign state that is specified by an Ordina nce of the Ministry of Economy, Trade and 
Industry under the preceding paragraph (hereinaft er referred to as a "foreign state emblem"), 
or shall sell or otherwise tran sfer, deliver, display for the pur pose of assignment or delivery, 
export, import or provide through an elec tronic telecommunication line, goods using a 
foreign state emblem, or shall provide services  using a foreign state emblem. However, this 
shall not apply when permission has been obt ained from the government agency of the 
foreign state that is authori zed to grant permission to use the foreign state emblem. 
(3) No person shall use a mark identical to a s eal or a sign of a foreign, state, or local 
government used for supervision or certific ation purposes, which is specified by an 
Ordinance of the Ministry of Economy, Trad e and Industry (such a seal or a sign is 
hereinafter referred to as a "foreign government sign") or a mark similar to a foreign 
government sign (such identical or similar mark is hereinafter referred to as a "mark similar 
to a foreign government sign") as a trademark on goods or for services that are identical or 
similar to goods or services for which such fo reign government sign is used, or shall sell or 
otherwise transfer, deliver, disp lay for the purpose of assignment or delivery, export, import 
or provide through an electronic telecommuni cation line, goods using a foreign government IP/N/1/JPN/O/3 
Page 10  
 
  sign as a trademark, or shall pr ovide services using a foreign government sign as a trademark. 
However, this shall not apply when perm ission has been obtained from the government 
agency of the foreign state that is authori zed to grant permission for use of the foreign 
government sign. 
 
Article 17 (Prohibition of commercial use of  a mark of an international organization) 
 No person shall use, in a manner which is likely to mislead the public as to the existence of a 
relationship with any international organi zation (which means an intergovernmental 
international organization or an equivalent organization specified by an Ordinance of the 
Ministry of Economy, Trade and In dustry; hereinafter the same shall apply in this article), a 
mark identical or similar to a mark repres enting an international organization, which is 
specified by an Ordinance of the Ministry of Economy, Trade and Industry (such identical or 
similar mark is hereinafter referred to as a "mark similar to an international organization 
mark") as a trademark, or shall sell or otherwise transfer, deliv er, display for the purpose of 
assignment or delivery, export, import or pr ovide through an electronic telecommunication 
line, goods using a mark similar to  an international or ganization mark as a trademark, or shall 
provide services using a mark similar to an international organizati on mark as a trademark. 
However, this shall not apply when the perm ission of such internat ional organization has 
been obtained. 
 
Article 18 (Prohibition of provisi on of illicit profit, etc. to foreign public officials, etc.) 
(1) No person shall give, or offer or promise to give, any money or other benefits to a foreign 
public officer for the purpose of having the forei gn public officer act or refrain from acting in 
a particular way in relation to his/her duties, or having the fo reign public officer use his/her 
position to influence another foreign public officer to act or refrain from acting in a particular 
way in relation to that officer's duties, in order to obtain illicit ga ins in business with regard to 
international commercial transactions. (2) The term "foreign public officer" as used in the preceding paragraph shall mean any of the 
following: 
(i) a person who engages in public services for a foreign, state, or local government; 
(ii)  a person who engages in services for an entity established under a special foreign law 
to carry out specific affairs in the public interest;  (iii) a person who engages in the affairs of an  enterprise of which the number of voting 
shares or the amount of capital subscription di rectly owned by one or more of the foreign, 
state, or local governments exceeds 50 percent of that enterprise's tota l issued voting shares 
or total amount of subscribed capital, or of  which the number of officers (which means 
directors, auditors, secretaries,  and liquidators and other persons engaged in management of 
the business) appointed or design ated by one or more of the fo reign, state, or local foreign 
governments exceeds half of that enterprise's to tal number of officers, and to which special 
rights and interests are granted by the foreign state or loca l governments for performance of 
its business, or a person specified by a Ca binet Order as an equivalent person; 
(iv) a person who engages in public services for an international organization (which means 
an international organization constituted by governments or intergovernmental international 
organizations); or (v) a person who engages in the affairs under th e authority of a foreign, state, or local 
government or an internationa l organization, and which have  been delegated by such 
organization. 
  IP/N/1/JPN/O/3 
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  Article 19  (Exclusion fr om application, etc.)  
(1) The provisions of Articles 3 to 15, Ar ticle 21 (excluding the part concerning 
Article 21(1)(xi)) and Article 22 shall not apply to the acts prescribed respectively in the following items for the classification of  unfair competition listed therein: 
(i) unfair competition listed in Articles 2(1)(i), (i i), (xiii) and (xv)   the act of using or 
indicating in a normally used manner a comm on name for goods or business (excluding the 
name of a place of origin of goods made from grapes or using grapes as an ingredient, 
which has become a common name) or an indi cation of goods or busin ess that is commonly 
used for identical or similar goods or business (hereinafter collectively referred to as a 
"common name, etc."), or the act of assigni ng, delivering, displaying for the purpose of 
assignment or delivery, exporting, importi ng or providing through an electronic 
telecommunication line, goods us ing or indicating a common name, etc. in a normally used 
manner (including an act of providing services  using or indicating a common name, etc. in 
a normally used manner, in the case of unfair co mpetition listed in Items (xiii) and (xv) of 
the same paragraph); 
(ii) unfair competition listed in Articles 2(1)(i), (ii) and (xv)   the act of using one's own 
name without a wrongful purpose (which mean s a purpose of obtaining  an illicit gain, a 
purpose of causing damages to others, or any other wrongful purpose; hereinafter the same 
shall apply), or the act of assigning, deliveri ng, displaying for the purpose of assignment or 
delivery, exporting, importing or providing th rough an electronic te lecommunication line, 
goods using one's own name without a wrongful  purpose (including an act of providing 
services using one's own name without a wrongful purpose, in the case of unfair 
competition listed in the same items); (iii) unfair competition listed in Article 2(1)(i) - the act of a person, who has used an 
indication of goods or business th at is identical or similar to  another person's indication of 
goods or business before said person's indication became well-known among consumers and other purchasers or who has succeeded to  a business pertaining to said person's 
indication, using such indication of goods or business without a wrongful purpose, or the 
act of said person assigning, delivering, di splaying for the purpose of assignment or 
delivery, exporting, importing or providing th rough an electronic te lecommunication line, 
goods using such indication of goods or  business without a wrongful purpose; 
(iv) unfair competition listed in Article 2(1)(ii)  - the act of a person, who has used an 
indication of goods or business th at is identical or similar to  another person's indication of 
goods or business before said person's indication became famous among consumers and other purchasers or who has succeeded to a business pertaining to said person's indication, 
using such indication of goods or business w ithout a wrongful purpose, or the act of said 
person assigning, delivering, displaying for the purpose of assignment or delivery, 
exporting, importing or providi ng through an electronic telecommunication line, goods 
using such indication of goods or business without a wrongful purpose; 
 (v)  unfair competition listed in Article 2(1)(iii) - any of the following acts: 
(a)  the act of assigning, leasi ng, displaying for the purpose of assignment or lease, 
exporting or importing goods that imitate th e configuration of goods for which three 
years have elapsed from the date th ey were first sold in Japan; or 
(b)  the act of a person who ha s received goods that imitate the configuration of another 
person's goods by transfer (lim ited to a person who, at the tim e of receiving such goods 
by transfer, had no knowledge that the goods  imitated the configuration of another 
person's goods, and such lack of knowledge  was not based on gross negligence) IP/N/1/JPN/O/3 
Page 12  
 
  assigning, leasing, displaying for the purpose of assignment or lease, exporting or 
importing such goods; 
(vi) unfair competition listed in Articles 2(1)(iv)  to (ix) - the act of a person, who has 
acquired a trade secret through a transaction (limited to a person who, at the time of 
acquiring such trade secret, had no knowledge th at there had been an improper disclosure 
of such trade secret or that such trad e secret had been ac quired through wrongful 
acquisition or improper disclosure, and such lack of knowledge was not based on gross 
negligence), using or disclosing the trade se cret within the scope of authority acquired 
through such transaction; 
(vii) unfair competition listed in Articles 2(1)(x) and (xi) - the act of assigning, delivering, 
displaying for the purpose of assignment or delivery, exporting or importing devices 
prescribed in Articles 2(1)(x) and (xi) or data storage media or machines on which 
programs have been recorded prescribed in the same items that are used for experiment or research of technological restriction measures , or the act of providing said program through 
an electronic telecommunication means. 
(2) A person whose business interests have been  infringed or are like ly to be infringed 
through any of the acts listed in Items 2 or 3 of the preceding paragraph may request a person, who is specified respectively in the follo wing items for the classi fication of acts listed 
therein, to use an appropriate indication for preventing confusion with his/her goods or 
business: 
(i) acts listed in Item 2 of the preceding paragraph - a person using his/her own name 
(including a person who personally sells or otherwise transfers, delivers, displays for the 
purpose of assignment or delivery, exports, imports or provides through an electronic 
telecommunication line, goods us ing his/her own name); or 
(ii) acts listed in Item 3 of the preceding para graph - a person using an indication of goods 
or business identical or simila r to another person's indicatio n of goods or business, and a 
person who succeeds to a business pertaining to such an indication of goods or business 
(including a person who personally sells or otherwise transfers, delivers, displays for the 
purpose of assignment or delivery, exports, imports or provides through an electronic 
telecommunication line, goods using such an indication of goods or business). 
 
Article 20 (Transitional measures)   
  In the case of enacting, revi sing, or abolishing a Cabinet Or der or an Ordinance of the 
Ministry of Economy, Trade and Industry based on the provisions of this Act, such order or 
ordinance may, to the extent deemed reasonably necessary for such enactment, revision or 
abolition, specify required tran sitional measures (including tran sitional measures concerning 
penal provisions).  
Article 21 (Penal Provisions)  
(1) Any person who falls under 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 
Articles 2(1)(i) or (xiii); (ii) a person who, for a purpose of acquiring an illicit  gain through the us e of reputation or 
fame pertaining to another person's famous i ndication of goods or bus iness or for injuring 
said reputation or fame, commits any act of unfair competition listed in Article 2(1)(ii); 
(iii) a person who misrepresents information on goods  or with respect to services, or in an 
advertisement thereof or in a document or correspondence used for a transaction related  IP/N/1/JPN/O/3 
 Page 13 
 
 
  thereto, in a manner that is likely to mislead the public as to the place of origin, quality, 
contents, manufacturing process, use, or qua ntity of such goods, or the quality, contents, 
purpose, or quantity of such services (ex cept for a person prescribed in Item 1); 
(iv) a person who uses or discloses a trade secr et acquired by a fraudulen t or other unlawful 
act (which means an act of d eceiving, using physical violen ce against, or intimidating a 
person; the same shall apply hereinafter) or an act violating control obligations (which 
means an act of stealing a document or a data  storage medium containing a trade secret 
[hereinafter referred to as "a medium contai ning a trade secret"], trespassing on a facility 
where a trade secret is kept, making an una uthorized access [an act of unauthorized access 
prescribed in Article 3 of the Unauthorized  Computer Access Act (Act No. 128 of 1999)], 
or violating the control of a trade secret maintained by its holder in any other way) for a 
purpose of unfair competition; (v)  a person who acquires a trade secret by any of the following methods through a 
fraudulent or other unlawful act or an act violating control obligations for a purpose of 
using or disclosing it in a manner prescribed in the preceding item: 
(a)  acquiring a medium containing a trade secr et that was under the c ontrol of the holder; 
or (b)  reproducing information contained in a me dium containing a trade secret that was 
under the control of the holder; 
(vi) a person to whom a trade secret was disclosed by its holder, and who, for a purpose of 
unfair competition, uses or di scloses it after unlawfully ta king possession of or making a 
document or a data storage medium containi ng the trade secret, by any of the following 
methods, through a fraudulent or other unlawful act  or an act violati ng control obligations, 
or through an embezzlement or other acts of br eaching the duty to keep safe custody of the 
medium containing the trade secret: 
(a)   unlawfully taking possession of a medium containing a trade secret that was under 
the control of the holder; or (b)   reproducing information contained in a medium containing a trade secret that was 
under the control of the holder; 
(vii) a person who is an officer (which m eans a director, opera ting officer, managing 
partner, secretary, auditor, or an equivalent  person; the same shall apply in the following 
item) or an employee of a trade secret holder fr om whom a trade secret has been disclosed, 
and, for a purpose of unfair competition, uses or  discloses it in breach of the duty to keep 
safe custody of the trade secret (except for a person prescribed in the preceding item); 
(viii)  a person who is an officer or  an employee of a trade secr et holder from whom a trade 
secret has been disclosed, and, for a purpose of unfair competition, offers  to disclose it in 
breach of the duty to keep safe  custody of the trade secret or  receives a request to use or 
disclose it while in office, a nd uses or discloses it after leaving the job (except for a person 
prescribed in Item 6); (ix) a person who, for a purpose of unfair comp etition, uses or discloses a trade secret 
acquired by criminal disclosure prescr ibed in Item 4 or Items 6 to 8; 
   (x)   a person who violates a protective order; or 
   (xi)  a person who violates any prov ision of Articles 9, 17, or 18(1). 
(2) 
A person who, for a purpose of acquiring an illicit gain, commits any act of unfair 
competition listed in Article 2(1)(iii) shall be  punished by imprisonment with work for not 
more than three years or a fine of not more than three million yen, or both. 
(3) The offenses prescribed in Paragraph 1, Item s 4 to 10 may not be prosecuted without a 
complaint. IP/N/1/JPN/O/3 
Page 14  
 
  (4) The offenses prescribed in Paragraph 1, Item 4 or Items 6 to 9 shall also apply to a person 
who committed them outside Japan for a trade secr et that had been kept within Japan at the 
time of the fraudulent or other unlawful act or th e act violating control obligations, or at the 
time the trade secret was disclosed by its holder. 
(5) The offense prescribed in Paragraph 1, It em 10 shall also apply to a person who 
committed it outside Japan. (6)  The offense prescribed in Paragraph 1, Item 11 (limited to the part pertaining to 
Article 18(1)) shall be governed by Article 3 of the Penal Code (Act No. 45 of 1965). 
(7)  The provisions of Paragraphs 1 and 2 shall not preclude applicati on of penal provisions 
under the Penal Code or any other acts. 
 
Article 22  
(1) When a representative of a juridical person , or an agent, employee or any other of a 
juridical person or an individual has committed a violation prescribed in any of the provisions 
of the following items with regard to the busine ss of said juridical person or said individual, 
not only the offender but also sa id juridical person shall be puni shed by the fine specified by 
the respective items, or said individual shall be punished by the fine pres cribed in the relevant 
article: 
(i) Paragraph 1, Items 1 to 3 or Item 11 of the preceding article - a fine of not more than 
three hundred million yen: 
(ii) Paragraph 1, Items 4, 5, 9, or 10 of the preced ing article - a fine of  not more than one 
hundred and fifty million yen; and (iii) Paragraph 2 of the preceding article - a fine  of not more than one hundred million yen. 
(2) In the case referred to in the preceding paragraph, a complaint filed against said 
offender pertaining to an offense prescribed in Paragraph 1, Items 4, 5, 9, or 10 of the 
preceding article shall also be effective agai nst the juridical person or the individual, 
and a complaint filed against the juridical  person or the individual shall also be 
effective against said offender. 
 
Supplementary Provisions (Extract)  
 
Article 1 (Entry into force)  
 This Act shall enter into force on the day specified by a Cabinet Order within a period not 
exceeding one year from the day of promul gation.(Entered into force on May 1, 1994, by 
Cabinet Order No. 44 of 1994)  
Article 2 (Transitional measures)   
 Except as otherwise provided, the provision s of the Unfair Competition Prevention Act 
(hereinafter referred to as the "N ew Act") as revised by this Act shall apply to the matters that 
arose before the enforcement of this Act. Howe ver, this does not preclude the effects that had 
arisen from the Unfair Competition Prevention Act before the revision (hereinafter referred to 
as the "Former Act"). 
 
Article 3  
 The provision of Article 3, the main clause of  Article 4, and Article 5 of the New Act shall 
not apply to continuation of any of the fo llowing acts that were commenced before the 
enforcement of this Act.  IP/N/1/JPN/O/3 
 Page 15 
 
 
  (i)  an act that falls under Article  2(1)(ii) of the New Act (exc luding an act that falls under 
Item 1 of the same paragraph); or (ii) among the acts listed in Article  2(1)(xiii) of the New Act, the act of misrepresenting 
information with respect to services, or in an  advertisement thereof, or in a document or 
correspondence used for a transaction related th ereto, in a manner that is likely to mislead 
the public as to the quality, contents, purpose or quantity of such services, or the act of providing services with such an 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( 1)(iv) to (vi), (viii) and (ix) of the New Act 
pertaining to wrongful acquisition prescribed in Item 4 of the same paragraph or improper 
disclosure prescribed in Item 8 of the same  paragraph that took place before June 15, 1991, 
when such acts of competition are committed afte r such date (excluding acts listed in the 
following items), or to continuation of an act of using a trade secret prescribed in Item 7 of 
the same paragraph that was commenced before such date: 
(i)   the act of disclosing a trade s ecret prescribed in Article 2(1)(i v) to (vi), (vi ii) and (ix) of 
the New Act; or (ii) the act of acquiring a trade secret prescrib ed in Article 2(1)(v) and (viii) of the New 
Act, and the act of using a trade secr et that was acquired through such act. 
 
Article 5 
  The provisions of Article 7 of the New Act shall apply to lawsuits filed after the 
enforcement of this Act, and with regard to laws uits filed before the enforcement of this Act, 
the provisions then in force shall remain applicable. 
 
Article 6  
  The provisions of Article 14 of the New Act sh all not apply to continuation of an act that 
falls under Article 2(1)(ii) or  (xiii) of the New Act that  was commenced before the 
enforcement of the Act (excluding an act that  falls under Item 1 of the same paragraph). 
 
Article 7  
  A person who has obtained the permission prescrib ed in Article 4(1) to (3) or Article 4-2 of 
the Former Act before the enforcement of this Act is deemed to have obtained the permission 
respectively prescribed in the provisos to Articl e 16(1) to (3) or the proviso to Article 17 of 
the New Act. 
 
Article 8  
  The provision of Article 16 of the New Act sh all not apply to a person who has obtained the 
permission prescribed in Article 4(4) of the Fo rmer Act before the enforcement of this Act. 
 
Article 9 
   The provision of Article 17 of the New Act shall not apply to conti nuation of an act that 
falls under the act of using a ma rk similar to an internationa l organization mark (excluding a 
mark identical or similar to a crest, a flag, or other emblem, 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; he reinafter referred to as a "mark similar to a 
private international organization mark") as a trademark, or assigning, delivering, displaying IP/N/1/JPN/O/3 
Page 16  
 
  for the purpose of assignment or delivery, exporting, importing or providing through an 
electronic telecommunication line, goods using a mark similar to a pr ivate international 
organization mark as a trademark, or providing services using a mark similar to a private 
international organization mark as a trademark, which is prescribed in Article 17 of the New 
Act, if such an act is commenced before the enforcement of this Act. 
 
Article 10  
  The provision of Article 21 (excluding the part pertaini ng to Article 21(1)(xi)) and 
Article 22 of the New Act shall not apply to continuation of an act that falls under 
Article 3(ii) of the Supplementary Provisions of  this Act, when such an act was commenced 
before the enforcement of this Act.  
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 the 
enforcement of this Act, the provisions then in force shall remain applicable. 
 
Article 13 (Transitional measures fo r application of penal provisions) 
  With regard to application of the penal provisions to an act that was committed before the 
enforcement of this Act, the provisions then in force shall remain applicable. 
 
Article 14 (Delegation to  a Cabinet Order)   
  In addition to the matters provided for in Articles 2 to 11 and Article 13 of the 
Supplementary Provisions of this Act, the transitional measures necessary for enforcement of 
this Act shall be specif ied by a Cabinet Order. 
 
Supplementary Provisions  (Extract from Act No. 116 of December 14, 1994) 
 
Article 1 (Entry into force) 
  This Act shall enter into force on July 1,  1995. However, the prov isions listed in the 
following items shall enter into force on the dates specified in the respective items: 
(i) the provisions of Article 1 of this Act revi sing Article 30(3) of the Patent Act, the  
provisions of Article 5 of this Act (excludi ng the provisions revisi ng Articles 10(3), 13(1), 
44(2) and 63-2 of the Trademark Act), and the provisions of Article 9 - July 1, 1995 or the 
day on which the Marrakech Agreement Establ ishing the World Trade Organization takes 
effect in Japan (hereinafter referred to as  the "Effective Date"), whichever is later. 
 
Article 13 (Transitional measures fo r application of penal provisions) 
  With regard to application of the penal provisions to an act that was committed before the 
enforcement of the respective revision provisions in this Act or an act that is committed after the enforcement of the respective revision provisions in this Act but pertains to matters to 
which the provisions then in force are to rema in applicable pursuant to the Supplementary 
Provisions of this Act, the respective provisi ons then in force shall remain applicable. 
 
Article 14 (Delegation to  a Cabinet Order)   
  In addition to the matters provided for in Articles 2 to 13 of the Supplementary Provisions 
of this Act, the transitional measures necessary  for enforcement of this Act shall be specified 
by a Cabinet Order.  IP/N/1/JPN/O/3 
 Page 17 
 
 
   
Supplementary Provisions  (Extract from Act No. 68 of June 12, 1996) 
 
Article 1 (Entry into force)  
  This Act shall enter into force on April 1, 1997. However, the prov isions listed in the 
following items shall enter into force on the dates specified in the respective items: 
(i) the provisions of Article 1 of  this Act revising Article 4(1)(ii) and (v) of the Trademark 
Act, revising Article 9(1) of the same Act, adding a heading before Article 9-2 of the same 
Act, adding an article after Arti cle 9-2 of the same Act, revising Article 13(1) of the same 
Act, and revising Article 53-2 of the same Act, and the provisions of Article 6 of this Act - 
the day on which the Trademark Law Treaty takes effect in Japan. 
 
Article 21 (Delegation to a Cabinet Order) 
 In addition to the matters provided for in Artic les 2 to 20 of the Supplementary Provisions of 
this Act, the transitional measures necessary for enforcement of this Act shall be specified by a Cabinet Order. 
 
  
Supplementary Provisions (Act No. 111 of September 28, 1998) 
 
  This Act shall enter into force on the day on whic h the Convention on Co mbating Bribery of 
Foreign Public Officials in International Bu siness Transactions takes effect in Japan. 
 
Supplementary Provisions (Extract from Act No. 33 of April 23, 1999) 
 
  This Act shall enter in to force on October 1, 1999. 
 
Supplementary Provisions (Act No. 51 of May 26, 2004) 
 
  This Act shall enter in to force on January 1, 2005. 
 
Supplementary Provisions (Extract from Act No. 120 of June 18, 2004) 
 
Article 1 (Entry into force)   
  This Act shall enter into force on April 1, 2005. 
 
Article 2  (Principle of transitional measures)  
  Except as otherwise provided, the provisions (excluding the penal prov isions) of the Court 
Organization Act, the Code of Civil Procedure,  the Act on the Cost of  Civil Procedure, the 
Patent Act, the Utility Model Act, the De sign Act, the Trademark Act, the Unfair 
Competition Prevention Act, and the Copyright Act as revised by this Act shall also apply to 
the matters that arose before the enforcement of this Act. However, this does not preclude the effects that have arisen from the provisions of these acts before th e revision by this Act. 
 IP/N/1/JPN/O/3 
Page 18  
 
  Supplementary Provisions (Extract from Act No. 75 of June 29, 2005) 
 
Article 1  (Entry into force)  
  This Act shall enter into force on the day specified by a Cabinet Order within a period not 
exceeding one year from the day of promulgation. However, the provisions of Articles 3, 13, and 14 of the Supplementary Provisions of this  Act shall enter into force on the day on which 
the Act for Partial Revision of th e Penal Code to Respond to an Increase in International and 
Organized Crimes and Advancement of Informa tion Processing (Act No.   of 2005) enters 
into force or the day on which this Act en ters into force, whichever is later. 
 
Article 2 (Transitional measures)    
  The provision of Article 2(1)(iii) of the Unfair Competition Prevention Act as revised 
pursuant to the provision of Article 1 of this Act shall apply to the acts listed in the same item that were committed after the enforcement of this  Act, and with regard to the acts listed in 
Article 2(1)(iii) of the Unfair Competition Prevention Act before the revision pursuant to 
Article 1 of this Act that were committed before the enforcement of this Act, the provisions 
then in force shall remain applicable. 
 
Article 3 
  The provisions of Article 9(1) to (3), Article  10, and Article 11 of the Act for Punishment of 
Organized Crimes, Control of Crime Proceed s and Other Matters (Act No. 136 of 1999; 
hereinafter referred to as the "Organized Crime Punishment Act") shall also apply to an act 
committed after the enforcement of this Act with regard to assets arising from or acquired through a criminal act constituting any of the offenses listed in the following provisions 
(including a criminal act committed outside Japan, which would constitute any of these 
offenses if it were committed in Japan and wh ich constitutes an offense under the laws and 
regulations of the place of the act) that was co mmitted before the enforcement of this Act in 
order to acquire illicit gains, or assets acquired as a reward for said criminal act: Article 14(1)(i) to (vi)-2, or (vii) of the Unfair Co mpetition Prevention Act (excluding the part 
pertaining to Article 11(1) of the same Act) before the revision pursuant to the provision of 
Article 1 of this Act; Article 200-2(1) of the Patent Act before the revision pursuant to the 
provision of Article 2 of this Act; Article 60-2(1)  of the Utility Model Ac t before the revision 
pursuant to the provision of Article 3 of this Act; Article 73-2(1) of th e Design Act before the 
revision pursuant to the provision of Article 4 of this Act;Article 81-2(1) of the Trademark 
Act before the revision pursuant to the provision of Article 5 of this Act;Article 122-2 of the 
Copyright Act before the revision pursuant to the provision of Article 6; or Article 60-2(1) of 
the Utility Model Act before the revision pursuant to the provisi on of Article 3 of the Act for 
Partial Revision of the Patent Act, etc. (Act  No. 26 of 2003) before the revision pursuant to 
the provision of Article 6 of the Supplementary Provisions of this Act where said provision of 
Article 3 is to remain applicable pursuan t to the provision of Article 4(1) of the 
Supplementary Provisions of the Act for Partial Re vision of the Patent Act, etc. (such Utility 
Model Act shall be referred to as the "Former Utility Model Act of 1992" in Article 6 of the 
Supplementary Provisions of this Act).In this ca se, these assets shall be deemed as criminal 
gains under Article 2(2)(i) of the Organized Crime Punishment Act. 
 
Article 4  
  Where the Act for Partial Revision of the Penal Code to Respond to an Increase in 
International and Organized Crimes and Advan cement of Information Processing enters into  IP/N/1/JPN/O/3 
 Page 19 
 
 
  force after this Act, when applying the provision  of Article 2(2)(iii) of the Organized Crime 
Punishment Act from the day on which this Act en ters into force until the day before the day 
on which the Act for Partial Revision of the Penal Code to Respond to an Increase in International and Organized Crimes and Advan cement of Information Processing enters into 
force, "Article 11(1)" in the same pa ragraph shall read "Article 18(1)" and 
"Article 14(1)(vii)" in the same para graph shall read "A rticle 21(1)(xi)." 
 
Article 5 (Delegation to a Cabinet Order)   
  In addition to the matters provided for in  the preceding three articles, the transitional 
measures necessary for enforcement of this Act shall be specified by a Cabinet Order. 
 
__________