WORLD TRADE  
ORGANIZATION  IP/N/1/JPN/4 
25 November 2005 
 
 (05-5602) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English 
 
 
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
JAPAN 
 
 The following communication, dated 12 July 2005, is being circulated at the request of the 
Delegation of Japan. 
_______________ 
  
 Please find attached the updated text of Japanese laws as listed below.  The English version, 
which is a provisional translation, is available solely  for number 1. below.  Only relevant articles are 
extracted for numbers 2. (1)-(11) below.   This is for notification under Ar ticle 63.2 of the TRIPS Agreement. 
 
1. Main Dedicated Intellectual Property Laws and Regulations
 
 
Customs Tariff Law (Law No. 54 of 15 Ap ril 1910, as last amended by Law No. 22 
of 31 March 2005 (which entered into force on 1 April 2005)). 
2. Other Laws and Regulations (See Annex)  
 
(1) Anti-monopoly Act Concerning Prohibition of Private Monopoly and 
Maintenance of Fair Trade 
(2) Cabinet Ordinance on Organization of Executive Office of Fair Trade 
Commission 
(3) Civil Code 
(4) Code of Civil Procedure 
(5) Code of Civil Preservative Procedure (6) Penal Code (7) Code of Criminal Procedure (8) Law Concerning the Cost of Civil Procedure 
(9) Administrative Litigation Act 
(10) Rule of Civil Procedure 
(11) Rule of Criminal Procedure. IP/N/1/JPN/4 
Page 2  
 
 ANNEX
 
 
OTHER LAWS AND REGULATIONS  
 
 
 
TITLE 
DATE OF ADOPTION AND ENTRY  
INTO FORCE 
  
 
BRIEF DESCRIPTION 
Trademarks   
Regulation under the Trademark Law  
(Ordinance No. 13 of the Ministry of International Trade and Industry of 8 March 
1960, as last amended by Ordinance No. 28 of the 
Ministry of International Trade and Industry of 2 March 2004)   Entry into force: 1 April 2004   The Regulation implements the Trademark Law 
(Law No. 127 of 13 April 1959, as last amended by law No. 398 of 10 September 2003). 
Geographical indications   
Standard for Indication in Relation to Geographic 
Indication  
(Notification No. 4 of the National Tax 
Administration of 28 December 1994)   Entry into force: 1 July 1995   The standard implements paragraph 1 of Article 
23 of the TRIPS Agreement. 
Act against Unjustifiable Premiums and 
Misleading Representations  
(Law No. 134 of 15 May 1962, as last amended by law No. 89 of 12 November 1993)   
Entry into force: 1 October 1994 The Act prevents inducement of customers by 
means of misleading representations, etc., in terms of ensuring fair competition. Among the actions provided for in pa ragraph 2(a) of Article 
22 of the TRIPS Agreement, false representations 
of the place of origin misleading consumers in 
general are prohibited by Article 4 (Prohibition of 
Misleading Representation) of the Act.   
Industrial designs 
  
Regulation under the Design Law  
(Ordinance No. 12 of the Ministry of International Trade and Industry of 8 March 1960, as last amended by Ordinance No. 28 of the 
Ministry of International Trade and Industry 
of 2 March 2004)   Entry into force: 1 April 2004 The Regulation implements the Design Law 
(Law No. 125 of 13 April 1959, as last amended by Law No. 398 of 10 September 2003)  IP/N/1/JPN/4 
 Page 3 
 
 
  
 
TITLE 
DATE OF ADOPTION AND ENTRY  
INTO FORCE 
  
 
BRIEF DESCRIPTION 
Patents (including plant variety protection) 
  
Regulation under the Patent Law  
(Ordinance No. 10 of the Ministry of 
International Trade and Industry of 8 March 
1960, as last amended by Ordinance No. 28 of the Ministry of International Trade and Industry of 2 March 2004)   
Entry into force: 1 April 2004 
  The Regulation implements the Patent Law (Law 
No. 121 of 13 April 1959 as last amended by 
Law No. 398 of 10 September 2003) 
Anti-monopoly Act Concerning Prohibition of 
Private Monopoly and Maintenance of Fair Trade 
(Law No. 54 of 14 April 1947, as last amended by Law No. 35 of 27 April 2005) 
  Entry into force: January 2006(scheduled) Article 100 of the Act (R evocation of Patent 
Rights or Patent Licences) provides that it is the court that makes the declaration of revocation of 
patent rights or patent licences. Therefore, an 
opportunity for judicial review of decisions to revoke or forfeit a patent shall be available. This provision implements Article 32 of the TRIPS Agreement. 
 
 
Protection of undisclosed information   
National Public Service Law  
(Law No. 120 of 21 October 1947, as last 
amended by Law No. 33 of 15 June 1994) 
  Entry into force: 1 September 1994   Article 100 of the Law contains provisions 
relating to paragraph 3 of  Article 39 of the TRIPS 
Agreement. 
Prevention of the abuse of intellectual 
property rights   
National Public Service Law  
(Law No. 120 of 21 October 1947, as last amended by Law No. 54 of 31 March 1995) 
  
Entry into force: 1 April 1996   Article 100 of the Law contains provisions 
relating to paragraphs 3 an d 4 of Article 40 of the 
TRIPS Agreement. IP/N/1/JPN/4 
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TITLE 
DATE OF ADOPTION AND ENTRY 
INTO FORCE 
  
 
BRIEF DESCRIPTION 
Anti-monopoly Act Concerning Prohibition of 
Private Monopoly and Maintenance of Fair Trade 
(Law No. 54 of 14 April 1947, as last amended by Law No. 35 of 27 April 2005)   Entry into force: January 2006(scheduled) The Act aims at promoting fair and free 
competition. The measures which are provided 
for in paragraph 2 of Article 40 of the TRIPS Agreement are implemented by Articles 3 (Prohibition of Private Monopolization and Unreasonable Restraint of Trade), 6 (Prohibition of Particular International Agreement or 
Contract) and 19 (Prohibition of Unfair Trade 
Practices) of the Act. Supply of information to the Member (paragraphs 3 and 4 of Article 40 of the TRIPS Agreement) shall be done within the limits of Article 39 of the Act (Duty of the 
Personnel of the Fair Trade Commission to 
preserve trade secrets).     
Cabinet Ordinance on Organization of Executive 
Office of Fair Trade Commission  
(Cabinet Ordinance No. 373 of 30 August 1952, 
as last amended by Cabinet Ordinance No. 109 
of 1 April 2005)   Entry into force: 1 April 2005   Fair Trade Commission is in charge of 
consultations and supply of information (paragraphs 3 and 4 of Article 40 of the TRIPS 
Agreement) based on Article 10 of the 
Ordinance.  
Civil judicial procedures and remedies   
The Constitution of Japan  
  Promulgation: 3 November 1946 
  
Entry into force: 3 May 1947   Article 82 of the Constitution provides that the 
judicial procedures shall be open to the public and this provision relates to Article 42 of the 
TRIPS Agreement. 
Civil Code  
(Law No. 89 of 27 April 1894, as last amended 
by Law No. 147 of 1 December 2004) 
  Entry into force: 1 April 2005   Articles 703 and 709 of the Code are general 
provisions of damages, and implement Articles 
45 and 48 of the TRIPS Agreement.  IP/N/1/JPN/4 
 Page 5 
 
 
  
 
 
TITLE 
DATE OF ADOPTION AND ENTRY 
INTO FORCE 
  
 
BRIEF DESCRIPTION 
Code of Civil Procedure  
(Law No. 109 of 26 June 1996, as last amended by Law No. 152 of 3 December 2004)   Entry into force: 1 April 2005  
 The Code is the general law on civil procedure 
and Articles 54, 61, 138, 139, 181, 196, 197, 207, 208, 220, 223, 224, and 232 of the Code relate to Articles 42, 43, 45, and 48 of the TRIPS Agreement. 
State Redress Law  
(Law No. 125 of 27 October 1947) 
  Entry into force: 27 October 1947   Article 1 of the Law relates to paragraph 2 of 
Article 48 of the TRIPS Agreement. 
Provisional judicial measures   
Civil Code  
(Law No. 89 of 27 April 1894, as last amended by Law No. 147 of 1 December 2004)   
Entry into force: 1 April 2005 
  Article 709 of the Code re lates to paragraph 7 of 
Article 50 of the TRIPS Agreement. 
Code of Civil Preservative Procedure  
(Law No. 91 of 22 December 1989, as last amended by Law No. 152 of 3 December 2004) 
  
Entry into force: 1 April 2005   Articles 3, 13, 14, 17, 23, 24, 26, 27, 29, and 37 
of the Code provide the provisional measures and implement Article 50 of the TRIPS Agreement. 
Special requirements related to border 
measures 
  
Civil Code  
(Law No. 89 of 27 April 1894, as last amended by Law No. 147 of 1 December 2004) 
  
Entry into force: 1 April 2005   Article 709 of the Code relates to Article 56 of 
the TRIPS Agreement. IP/N/1/JPN/4 
Page 6  
 
  
 
 
TITLE 
DATE OF ADOPTION AND ENTRY 
INTO FORCE 
  
 
BRIEF DESCRIPTION 
Criminal procedures   
Penal Code  
(Law No. 45 of 24 April 1907, as last amended 
by Law No. 156 of 8 December 2004)   Entry into force: 1 January 2005  Article 19 of the Code provides that a thing 
which is a constituent element of a criminal act or 
a thing which has been used or was intended to use in the commission of a criminal act, etc. may be confiscated and this provision implements Article 61 of the TRIPS Agreement. 
 
 
Any administrative procedures and remedies not covered above   
The Constitution of Japan  
  
Promulgation: 3 November 1946   Entry into force: 3 May 1947   
 Paragraph 2 of Article 37 and paragraphs 2 and 3 
of Article 76 of the Constitution relate to the 
general obligation of enforcement of intellectual property rights provided for in Article 41 of the TRIPS Agreement. 
Code of Civil Procedure  
(Law No. 109 of 26 June 1996, as last amended by Law No. 152 of 3 December 2004)   Entry into force: 1 April 2005 The Code is the general law of civil procedure 
and Article 91 of the Code  relates to paragraph 4 
of Article 63 of the TRIPS Agreement, and Articles 180, 181, 202, 247, 253, 255, 281, and 311 of the Code relate to  Article 41 of the TRIPS 
Agreement. 
  
Code of Criminal Procedure  
(Law No. 131 of 10 July 1948, as last amended 
by Law No. 156 of 8 December 2004) 
  Entry into force: 1 January 2005    Articles 43, 44, 46, 293, 297, 298, 304 to 306, 
308, 309, 317, 342, 372, and 405 of Code of 
Criminal Procedure relate to Article 41 of the 
TRIPS Agreement. 
Law Concerning the Cost of Civil Procedure  
(Law No. 40 of 6 April 1971, as last amended by 
Law No. 152 of 3 December 2004)   Entry into force: no later than 12 May 2006    
 Table No. 1 based on paragraph 1 of Article 3 of 
the Law relates to paragraph 2 of Article 41 of 
the TRIPS Agreement.  IP/N/1/JPN/4 
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TITLE 
DATE OF ADOPTION AND ENTRY 
INTO FORCE 
  
 
BRIEF DESCRIPTION 
Administrative Litigation Act  
(Law No. 139 of 16 May 1962, as last amended 
by Law No. 155 of 3 December 2004)    Entry into force: 1 April 2005   Article 3 of the Act relates to paragraph 4 of 
Article 41 of the TRIPS Agreement. 
Rule of Civil Procedure  
(Rule No. 5 of the Supreme Court of 17 
December 1996, as last amended by Rule No. 5 
of the Supreme Court of 9 February2005)   Entry into force: 7 March2005   Article 33 of the Rule relates to paragraph 4 of 
Article 63 of the TRIPS Agreement, and Articles 
113, 115, and 157 of the Rule relate to Article 41 
of the TRIPS Agreement. 
Rule of Criminal Procedure  
(Rule No. 32 of the Supreme Court of 1 December 1948, as last amended by Rule No. 10 of the Supreme Court of 22 June 2005)   
Entry into force: 1 November 2005 
  Articles 34, 35, 53, 211 and 222 of the Rule 
relate to Article 41 of the TRIPS Agreement. 
 
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