WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO 
IP/N/1/JPN/U/1 
29 February 2012 
 (12-1092) 
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 Prevention Act (Act 
No. 47 of 19 May 1993)2, which entered into force on 1 December 2011, as notified by Japan on 
19 February 2012 under Article 63.2 of th e Agreement (see document IP/N/1/JPN/10). 
 
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 texte
1 de la Loi sur la prévention de la concurrence déloyale 
(Loi n° 47 du 19 mai 1993)2, qui est entrée en vigueur le 1er décembre 2011, et a été notifiée par le 
Japon le 19 février 2012 au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/JPN/10). 
 
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)2, que entró en vigor el 1º de diciembre de 2011, notificado por el 
Japón el 19 de febrero de 2012 en virtud de lo dis puesto en el párrafo 2 del artículo 63 del Acuerdo 
(véase el documento IP/N/1/JPN/10). 
                                                      
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. 
2 Earlier versions were circulated in documents IP/N/1/JPN/O/3 and IP/N/1 /JPN/O/4./Les versions 
antérieures ont été distribuées dans  les documents IP/N/1/JPN/O/3 et IP/N/1/JPN/O/4./En los documentos 
IP/N/1/JPN/O/3 e IP/N/1/JPN/O/4 se distribuyeron las versiones anteriores.   
   IP/N/1/JPN/U/1 
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Unfair Competition Prevention Act （Act No.47 of 1993 ） 
 
 
 
 
Unfair Competition Prevention Act (Act No. 47 of 1993) 
  Table of Contents 
 
Chapter I General Provisions (Article 1 and 2) Chapter II Injunctions and Damages, etc. (Article 3 to Article 15) Chapter III Prohibited Acts based on International Agreement (Article 16 to Article 18) Chapter IV Miscellaneous Provisions (Article 19 and 20) Chapter V Penal Provisions (Article 21and 22) 
Chapter VI Special Measures for Criminal Procedures (Article 23 to Article 31) 
Supplementary Provisions 
 
 
Chapter I General Provisions 
 
Article 1 (Purpose) 
 
 The purpose of this Act is to provide for matte rs 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. 
 この不正競争防止法の翻訳は、平成二十三年法律第六十二号までの改正（平成２３
年１２月１日施行）について作成したものです。 
この法令の翻訳は公定訳ではありません。法的効力を有するのは日本語の法令自体
であり、翻訳はあくまでその理解を助けるための参考資料です。この翻訳の利用に伴って発生した問題について、一切の責任を負いかねますので、法律上の問題に関して
は、官報に掲載された日本語の法令を参照してください。 
 
  This English translation of the Unfair Competition Prevention Act has been prepared (up to 
the revisions of Act No. 62 of 2011 (Effective December 1, 2011 )). 
  This is an unofficial translation. Only the original Japanese texts of laws and regulations have 
legal effect, and the translations are to be u sed solely as reference ma terial to aid in the 
understanding of Japanese laws and regulations.  
  The Government of Japan shall not be respons ible for the accuracy, reliability or currency of 
the legislative material provided in this Webs ite, or for any consequence resulting from use of 
the information in this Website. For all purposes of interpreting and appl ying law to any legal 
issue or dispute, users should consult the orig inal Japanese texts publis hed in the Official 
Gazette.  IP/N/1/JPN/U/1 
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  Article 2 (Definitions) 
 
(1)  The term "unfair competition" as used in  this Act means any of the following: 
 (i) acts of creating confusion 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 same shall apply hereinafter) that is identical or similar to said person's indication of goods or 
business that is well-known among consumers or ot her purchasers, or by assigning, delivering, 
displaying for the purpose of assignment or deliver y, exporting, importing 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 assignment or delivery, exporting, importing or providing through an electric 
telecommunication 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 (exc luding configuration that is indispensable for 
ensuring the function of said goods) of another person's goods;  
(iv) acts of acquiring a trade secret by theft, fraud, duress or other wrongful means (hereinafter 
referred to as "acts of wrongful acquisition"), or the act of using or disclosing a trade secret so 
acquired (including 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 knowle dge that such trade secret has been acquired 
through acts of wrongful acquisition or without the k nowledge 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;, subsequent to its acquisition, that such trade secret was acquired 
through wrongful acquisition; 
 (vii) acts of using or disclosing a trade secret, whic h has been disclosed by the business operator 
holding such a trade secret (hereinafter referred to  as the "holder"), for the purpose of acquiring an 
illicit gain, or causing injury to such holder; 
 
(viii)  acts of acquiring a trade secret with the know ledge or, without the knowledge due to gross 
negligence, that there has been an improper disclosure of such tr ade secret (which means, in the case 
prescribed in the preceding item, acts of disclosin g a trade secret for the pu rpose prescribed in said 
item, or acts of disclosing a trade secret in breach of a legal duty to maintain secrecy; the same shall 
apply hereinafter) or that such trade secret has been acquired through improper disclosure, or acts of 
using or disclosing a trade secret so acquired; 
 (ix) acts of using or disclosing an acquired trade secret after becoming aware or not being aware 
of such matter due to gross negligence, subsequent  to its acquisition, 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 for the purpose of assignment or delivery, exporting 
or importing (a) devices (including machines incorporating such devices and a set of parts of such a device that can be easily assembled) having the functi on of enabling the viewing of images or hearing  IP/N/1/JPN/U/1 
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  of sounds, the running of programs, or the record ing of images, sounds or programs (hereinafter 
referred to as the "viewing of images, etc." in this item) which are restricted by technological 
restriction measures that are used in business (excluding technological restriction measures used to restrict all but specific persons from viewing images or hearing sounds, running programs, or 
recording images, sounds or programs), by obstructing the effect of such technological restriction 
measures, or (b) data storage media or machines  on which programs having such function (including 
other types of programs combined with such programs) have been recorded, or acts of providing programs having such function through an electric telecommunication line (if such a device or program also has another function than such a func tion, the acts shall be limited to those in which 
such a device or program are provided for enabling the viewing of images, etc. by obstructing the 
effect of such technological restriction measures.); 
 (xi) acts of assigning, delivering, displaying for the purpose of assignment or delivery, exporting 
or importing to all but specific persons (a) devi ces (including machines incorporating such devices 
and a set of parts of such a device that can be easily assembled) having the function of enabling the 
viewing of images or hearing of sounds, the running of programs, or the recording of images, sounds 
or programs  (hereinafter referred to as the "viewing of images, etc." in this item) which are restricted by technological restriction measures that are used in  business to restrict all but said specific persons 
from viewing images or hearing sounds, running progr ams, or recording imag es, sounds or programs, 
by obstructing the effect of such technological restriction measures, or (b) data storage media or machines on which programs having such a function (including other types of programs combined 
with such programs) have been recorded, or th e act of providing programs having such function 
through an electric telecommunication line (if such a device or program also has another function than 
such function, the acts shall be limited to those in which such a device or program are provided for 
enabling the viewing of images, etc. by obstructing the effect of such technological restriction measures.); 
 
(xii) acts of acquiring or holding a right to use a doma in name(s) that is identical or similar to 
another person's specific indicati on 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 purpose of acquiring an illicit gain or causing injury to another person;  
(xiii)  acts of misrepresenting information on goods or ser vices, or in an advertisement thereof or in 
a document or correspondence used for a transaction related thereto, in a manner that is likely to 
mislead the public as to the place of origin, qualit y, 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 assignmen t or delivery, exporting, importing or providing 
through an electric telecommunication line, goods w ith such an indication or providing services with 
such an indication;  (xiv)  acts of making or circulating a false allegation 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 year of the date of the act, 
an agent or representative of an owner of a right rela ting to a trademark (such right shall be limited to 
a right 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 (which means the Paris Convention as 
defined in Article 4(1)(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 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  services identical or similar to those relating to 
such right, or the act of assigning, delivering, di splaying for the purpose of assignment or delivery, 
exporting, importing or providing through an electric telecommunication line goods using such IP/N/1/JPN/U/1 
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  trademark, which are identical or similar to the goods relating to such right, or providing services 
using such trademark, which are identical or similar to the services relating to such right.  
 (2)   The term "trademark" as used in this Act means a trademark as defined in Article 2(1) of the 
Trademark Act. 
 
(3)   The term "mark" as used in this Act means a ma rk as defined in Article 2(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 comb ined with such shape, which may be perceived by 
consumers or other purchasers when making ordinary use of the goods.  (5)   The term "imitate" as used in this Act means an act of creating goods of practically identical 
configuration as that of another person's goods, based on the configuration of the goods of said 
person.  
 (6)   The term "trade secret" as used in this Act mean s technical or business information useful for 
commercial activities such as manufacturing or marketi ng methods that is kept secret and that is not 
publicly known.  
(7)   The term "technological restriction measures" as used in this Act means measures which 
restrict the viewing of images or hearing of sounds , or running of programs, or recording of images, 
sounds or programs through electromagnetic mean s (which means electronic means, magnetic means 
or other means that are imperceptible by humans) , and which adopt a method of recording on data 
storage media or transmitting signals that make  machines for viewing and hearing (which means 
machines used for viewing images or hearing soun ds, running programs, or recording images, sounds 
or programs; the same shall apply hereinafter) react in a specific manner along with the images, 
sounds or programs, or a method of recording on da ta storage media or transmitting converted images, 
sounds or programs, which require specific convers ion by the machines for viewing and hearing. 
 (8)   The term "program" as used in this Act means instructions given to a computer, combined so 
as to obtain a certain result. 
 (9)   The term "domain name(s)" as used in this Act means letters, numbers, signs or other symbols 
or any combination thereof that correspond to the nu mbers, signs, letters or any combination thereof 
assigned to identify each computer on the Internet. 
 
(10)   The term "articles" as used in this Act includes computer programs. 
 
 Chapter II Injunctions and Damages, etc. 
 
Article 3 (Right to seek an injunction)  
 (1)   A person whose business interests have been infri nged or are likely to be infringed by unfair 
competition may seek an injunction suspending or pr eventing the infringement against the person that 
infringed or is likely to infringe such business interests.  
(2)   A person whose business interests have been infri nged or are likely to be infringed by unfair 
competition may seek, upon seeking an injunction pursua nt to the preceding paragraph, destruction of 
the articles that constituted the act of infringeme nt (including articles created by the act of 
infringement; the same shall apply in Article 5(1)),  removal of the equipment used for the act of 
infringement, or other acts required for suspension or prevention of the infringement.  IP/N/1/JPN/U/1 
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  Article 4 (Damages)  
 
 A person who intentionally or negligently infri nges on the business interests of another person 
by unfair competition shall be liable for damages resu lting therefrom. However, this Article shall not 
apply to damages resulting from the use of a trade secr et after the rights prescribed in Article 15 have 
extinguished pursuant to the said Article. 
 
Article 5 (Presumption of amount of damages, etc.) 
 
(1)   Where a person whose business interests have b een 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 competition that  involves a technical secret [which means a 
manufacturing method or other technical information useful for business activities that is kept secret and not publicly known]) (hereinafter referred to as  the "infringed person" in this paragraph) claims 
damages caused by such an infringement from a pe rson who has intentionally or negligently infringed 
such business interests, and where the infringer h as sold or otherwise transferred the articles 
constituting the act of infringement, the quantity of the articles sold or transferred (hereinafter referred 
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 deemed 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 se ll or conduct other acts concerning said articles. 
However, where there are any circumstances that  would have prevented the infringed person from 
selling the quantity of articles equivalent to all 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 have  been infringed by unfair competition claims 
damages caused by a person who intentionally or negligently infringed su ch 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 pers on 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 business interests, an amount equivalent to the amount of money that 
should be awarded against the acts prescribed respec tively in the following items for the classification 
of unfair 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 Article 2( 1) – use of a trademark pertaining to such 
infringement.  (4)   The provisions of the preceding paragraph sh all not preclude a claim for damages exceeding 
the amount prescribed in the paragraph. In such a case, if the person who infringed such business IP/N/1/JPN/U/1 
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  interests did not do so intentionally or through gross negligence, the court may take this into 
consideration in determining the amount of damages.  
Article 6 (Obligation to clarify the specific conditions (of infringement))  
  In a lawsuit for the infringement of business in terests 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 specific conditions of article or process, the adverse party must, in order to deny this allegation, clarify the specific conditions of 
his/her own act. However, this does 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 business in terests by unfair competition, the court may, 
upon motion of a party, order a party to produ ce any documents necessary for proving the act of 
infringement or assessing the amount of damages caused  by such act of infringement. However, this 
does not apply when the holder of the documents ha s justifiable grounds for refusing to produce them. 
 (2)   Where the court finds it necessary for determining the presence of a justifiable reason 
prescribed in the proviso to the preceding paragra ph, 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, wh ere the court finds it necessary to disclose the 
documents prescribed in the second sentence of the pr eceding paragraph and to hear the opinions of a 
party, etc. (which means a party [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 para graphs 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 calculation of damages) 
 
 In a lawsuit for the infringement of business in terests by unfair competition, where the court, 
upon motion of a party, orders an expert opinion to be given with respect to the matters necessary for 
calculating the damages caused by the act of infringe ment, the parties shall explain to the expert 
witness the matters necessary fo r giving the e xpert opinion. 
 
Article 9 (Determination of reasonable damages) 
 
 In a lawsuit for the infringement of business interests by unfair competition, where damages 
were found and it is extremely difficult to prove  the facts necessary for proving the amount of 
damages due to the nature of said facts, the c ourt may determine a reasonable amount of damages 
based on the overall purport of the oral arguments and the results of the examination of evidence. 
 
Article 10 (Protective order) 
 
(1)   In a lawsuit for the infringement of business interests by unfair competition, where there is 
prima facie evidence showing that a trade secret held by a party of the lawsuit falls under 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 assistant not to use the tr ade secret for any purpose other than pursuing the  IP/N/1/JPN/U/1 
 Page 9 
 
 
  lawsuit or to disclose it to a person other than t hose 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 mean s other than the reading 
of the brief prescribed in item 1 or the examinati on or disclosure of evidence prescribed in the same 
item: 
 
(i) the trade secret held by the party is written in  an already-produced or a to-be-produced brief, 
or included in the contents of already-examined  or to-be-examined evidence (including documents 
disclosed pursuant to Article 7(3) or a docume nt disclosed pursuant to Article 13(4)); and 
 
(ii) the party's business activities based on the trad e 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 pr eceding paragraph (hereinafter referred to as the 
"protective order") shall be made in writing and include the following matters:  (i) the person to whom the protective order is to be issued;  
 (ii) facts that are sufficient for iden tifying the trade secret to be made the subject of the protective 
order; and 
 (iii) facts that fall within the grounds listed in th e respective items of the preceding paragraph. 
 (3)   When issuing a protective order, the court sh all serve a decision letter on the person to whom 
the protective order was issued. 
 (4)   A protective order takes effect when a d ecision letter is served on the person to whom the 
protective order was issued.  (5)   When the court dismisses a motion for a prot ective order, the party may lodge an immediate 
appeal against the decision. 
 
Article 11 (Rescission of protective order)  
 
(1)   A movant for a protective order or a person to whom a protective order was issued may file a 
motion for rescission of the protective order with th e court where the case record kept (when no such 
court exists, the court that issued the protective order) on the ground that the requirement prescribed 
in the preceding Article1 is not met or is no longer met.  (2)   When the court makes a decision on a motion for rescission 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 rescission of a 
protective order.  (4)   A decision to rescind a protective order shall not take effect until the decision becomes final 
and binding. 
 (5)   Where a court has made a decision to rescind a protective order, if the court had, during the 
same lawsuit in which the protective order was issu ed, issued a protective order for the protection of IP/N/1/JPN/U/1 
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  the trade secret against any person other than the movant for rescission of the protective order or the 
adverse party, it shall immediately notify that pers on of the decision to rescind the protective order. 
 
Article 12 (Notice, etc. of a request for inspection, etc. of the case record)  
 (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 case record pe rtaining to the lawsuit in which a protective order 
has been issued (excluding a lawsuit in which all the protective orders have been rescinded), if there 
was a request for inspection, 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 fo r such request has not 
been issued a protective order in the lawsuit, th e court clerk shall, immediately after the request, 
notify the party who filed the motion under the sam e paragraph (excluding the requester; the same 
shall apply in paragraph 3) of the fact that such a request was made. 
 (2)   In the case of the preceding paragraph, the court clerk must not allow the party who 
performed the procedure for the request under the sa me paragraph to conduct inspection, etc. of the 
portion of the record that represents the secret unt il two weeks have passed since the date of the 
request (if a motion for a protective order agains t the person 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 paragra phs 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 paragra ph 1 to conduct inspection, etc. of the portion of the record that 
represents the secret.  Article 13 (In camera examination of the parties) 
 
(1)   In a lawsuit for the infringement of busin ess interests by unfair competition, where a party, 
etc. is to be examined as a party itself or a legal re presentative or as a witness with regard to a matter 
that serves as the basis for dete rmining the presence or absence of the infringement and falls under a 
trade secret held by the party, and when the court,  by the unanimous consent of the judges, finds that 
the party, etc. is unable to give sufficient statemen ts regarding the matter because it is clear that giving 
statements regarding the matter in open court w ill significantly hinder the party's business activities 
that are based on the trade secret, and that, without sai d statements by the party, the court is unable to 
make an appropriate decision on the presence or  absence of infringement 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 party, 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 stated. 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 opinion 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 judgment to that effe ct and the reason thereof to the members of the  IP/N/1/JPN/U/1 
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  public present before making them leave the courtr oom. When the examination on the matter ends, 
the court shall have the members of the public reenter the courtroom.  
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 reputati on 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 using a trade secret among the acts of unfair competition listed in Articles 2(1)(iv) to (ix) shall be exti nguished 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 the time that the 
right-holder becomes aware of such fact and of th e person committing such act. The same shall apply 
when ten years have elapsed from the time of commencement of such act.  
 Chapter III Prohibited Acts based on International Agreement 
 
Article 16 (Prohibition of commercial use of foreign national flags, etc.) 
 
(1)   No person shall use, as a trademark, a mark identical to a flag, armorial bearing, or other 
emblem of a foreign state, which is specified by an Ordinance 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 using a mark similar to a state emblem of  a foreign state as a trademark, or shall provide 
services using a mark similar to a state emblem of a foreign state as a trademark. However, this shall 
not apply when permission has been obtained from th e government agency of the foreign state that is 
authorized to grant permission (including an admi nistrative disposition 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 the place of origin  of goods, a state emblem of a foreign state that 
is specified by an Ordinance of the Ministry of Economy, Trade and Industry under the preceding 
paragraph (hereinafter referred to as a "foreign state emblem"), 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 using a foreign state emblem, or shall provide services using a foreign state emblem. However, this shall not apply when permission has been obtained from the 
government agency of the foreign state that is aut horized to grant permission to use the foreign state 
emblem.  (3)   No person shall use a mark identical to a seal or  a sign of a foreign, state, or local government 
used for supervision or certification purposes, which is specified by an Ordinance of the Ministry of 
Economy, Trade 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 si gn (such identical or similar mark is hereinafter 
referred to as a "mark similar to a foreign govern ment sign") as a trademark on goods or for services 
that are identical or similar to goods or services for which such foreign government sign is used, or 
shall sell or otherwise transfer, deliver, display for the purpose of assignment or delivery, export, IP/N/1/JPN/U/1 
Page 12  
 
  import or provide through an electronic teleco mmunication line, goods using a foreign government 
sign as a trademark, or shall provide services using a foreign government sign as a trademark. However, this shall not apply when permission h as been obtained from the government agency of the 
foreign state that is authorized to grant perm ission 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 organization (w hich means an intergovernmental international 
organization or an equivalent organization specified  by an Ordinance of the Ministry of Economy, 
Trade and Industry; hereinafter the same shall apply in  Article), a mark identical or similar to a mark 
representing an international organization, which is  specified by an Ordinance of the Ministry of 
Economy, Trade and Industry (such identical or sim ilar mark is hereinafter referred to as a "mark 
similar to an international organization mark") as a trademark, 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 using a mark  similar to an international organization mark 
as a trademark, or shall provide services using a mark similar to an international organization mark as 
a trademark. However, this shall not apply when the permission of such international organization has 
been obtained.  
Article 18 (Prohibition of provision of illicit profit, etc. to foreign public officials, etc.) 
 
(1)   No person shall give, or offer or promise to gi ve, 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 havi ng the foreign public officer use his/her position to 
influence another foreign public officer to act or re frain from acting in a particular way in relation to 
that officer's duties, in order to obtain illicit gain s in business with regard to international commercial 
transactions.  (2)   The term "foreign public officer" as used  in the preceding paragraph means 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 directly owned by one or more of the foreign, state, or local governments exceeds 50 percent of that enterprise's  total issued voting shares or total amount of 
subscribed capital, or of which the number of offi cers (which means directors, auditors, secretaries, 
and liquidators and other pe rsons engaged in management of the bu siness) appointed or designated by 
one or more of the foreign, state, or local forei gn governments exceeds half of that enterprise's total 
number of officers, and to which special rights and interests are granted by the foreign state or local 
governments for performance of its business, or a person specified by a Cabinet Order as an 
equivalent person;  (iv) a person who engages in public services for an international organization (which means an 
international organization cons tituted by governments or inte rgovernmental international 
organizations); or  (v) a person who engages in the affairs under the authority of a foreign, state, or local 
government or an international organization, and wh ich have been delegated by such organization.  IP/N/1/JPN/U/1 
 Page 13 
 
 
   Chapter IV Miscellaneous Provisions 
 
Article 19 (Exclusion from application, etc.)  
 
(1)   The provisions of Articles 3 to 15, Article 21 (excluding the part pert aining Article 21(2)(vii)) 
and Article 22 shall not apply to the acts prescr ibed respectively in the following items for the 
classification of unfair competition listed therein:  (i) unfair competition listed in Article 2(1)(i), (ii), (xiii) and (xv) – the act of using or indicating 
in a normally used manner a common name for goods or business (excluding the name of a place of 
origin of goods made from grapes or using gr apes as an ingredient, which has become a common 
name) or an indication of goods or business that is  commonly used for identical or similar goods or 
business (hereinafter collectively referred to as a "common name, etc."), or the act of assigning, delivering, displaying for the purpose of assignmen t or delivery, exporting, importing or providing 
through an electronic telecommunication line, goods  using 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 unfai r competition listed in items (xiii) and (xv) of the 
same paragraph);  (ii) unfair competition listed in Article 2(1)(i), (ii)  and (xv) – the act of using one's own name 
without a wrongful purpose (which means a purpose of acquiring an illicit gain, a purpose of causing 
damages to others, or any other wrongful purpose; he reinafter the same shall apply), or the act of 
assigning, delivering, displaying for the purpose of  assignment or delivery, exporting, importing or 
providing through an electronic telecommunication 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 comp etition 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 that is identical or similar to a nother 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, displaying for the 
purpose of assignment or delivery, exporting, importing or providing through an electronic 
telecommunication line, goods using such indica tion of goods or business without a wrongful 
purpose;  (iv) unfair competition listed in Article 2(1)(ii) – th e act of 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 
before said person's indication became famous am ong 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, displaying for the purpose of assignment or delivery, exporting, importing or providing through an electronic 
telecommunication line, goods using such indica tion 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, leasing, displaying for the purpose of assignment or lease, exporting or 
importing goods that imitate the configuration of goods for which three years have elapsed from the 
date they were first sold in Japan; or  (b) the act of a person who has received goods that imitate the configurati on of another person's 
goods by transfer (limited to a person who, at the time of receiving such goods by transfer, had no IP/N/1/JPN/U/1 
Page 14  
 
  knowledge that the goods imitated the configurati on of another person's goods, and such lack of 
knowledge was not based on gross negligence) assi gning, leasing, displaying for the purpose of 
assignment or lease, exporting or importing such goods;  (vi) unfair competition listed in Article 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 that there had been an improper discl osure of such trade secret or that such trade 
secret had been acquired through wrongful acquisiti on or improper disclosure, and such lack of 
knowledge was not based on gross negligence), using or disclosing the trade secret within the scope of 
authority acquired thro ugh such transaction; 
 
(vii) unfair competition listed in Article 2(1)(x) and (xi) – the act of assigning, delivering, 
displaying for the purpose of assignment or deliver y, exporting or importing devices prescribed in 
Article 2(1)(x) and (xi) or data storage media or  machines on which programs have been recorded 
prescribed in the same ite ms 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 likely 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 following items for the classification 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 paragra ph – a person using his/he r 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 using 
his/her own name); or 
 
(ii) acts listed in item 3 of the preceding paragra ph – a person using an indication of goods or 
business identical or similar to another person's indication of goods or bus iness, and a person who 
succeeds to a business pertaining to such an indica tion 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, revising, or abolishing a Cabinet Order 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 fo r such enactment, revision or abolition, specify 
required transitional measures (including tran sitional measures concerning penal provisions). 
 
Chapter V Penal Provisions 
 
Article 21 (Penal Provisions)  
 
(1)   Any person who falls under any of the followi ng items shall be punished by imprisonment 
with work for not more than ten years, a fine of not more than ten million yen, or both:  
(i) a person who acquires a trade secret by an act of fraud or others (which means an act of 
deceiving, assaulting, or intimidating a person; the same  shall apply hereinafter in this Article) or an 
act violating control obligations (which means an  act of stealing property, trespassing on a facility, 
making an unauthorized 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  IP/N/1/JPN/U/1 
 Page 15 
 
 
  maintained by its holder in any other way; the same  shall apply hereinafter in this Article) for the 
purpose of acquiring an illicit gain or inflicting a loss to its holder.  (ii) a person who uses or discloses a trade secret acquired by an act of fraud or others, or an act 
violating control obligations for a purpose of acquiring  an illicit gain or inflicting a loss to its holder. 
 
(iii) a person to whom a trade secret was disclosed by its holder, and who, for the purpose of 
acquiring an illicit gain or inflicting a loss to its holder, obtains the trade secret by any of the 
following methods, in breach of the duty to  keep safe custody of the trade secret: 
 
(a) embezzling a medium containing a trade secret (meaning a document, a drawing or a data 
storage medium in which a trade secret is described or recorded; the same shall apply hereinafter in 
this item) or a property which represents a trade secret  (b) reproducing a description or a record contained in a medium containing a trade secret, or a 
property which represents a trade secret 
 (c) not deleting a description or a record contained in a medium containing a trade secret which 
should be deleted, and disguising this act as if th e description or record contained in the medium 
containing the trade secret had been deleted   
(iv) a person to whom a trade secret was disclosed by its holder, and who, for the purpose of 
acquiring an illicit gain or inflicting a loss to its hol der, uses or discloses in breach of the duty to keep 
safe custody of the trade secret th e trade secret that was obtained through the methods posted in "a" to 
"c" in the item above in breach of the dut y to keep safe custody of the trade secret 
 
(v) a person who is an officer (which means a director, operating officer, managing partner, 
secretary, auditor, or an equivalent person to them; the same shall apply in the following item) or an 
employee of a trade secret holder from whom the tr ade secret has been disclosed, and, for the purpose 
of acquiring an illicit gain or inflicting a loss to its holder, 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) 
 
(vi) a person who is an officer or an employee of a trade secret holder from whom a trade secret 
has been disclosed, and, for a purpose of acquiring an illicit gain or inflicting a loss to its holder, 
offers to disclose it in breach of th e duty to keep safe custody of th e trade secret or receives a request 
to use or disclose it while in offi ce, and uses or discloses it after le aving the job (except for a person 
prescribed in item 4) 
 
(vii) a person who, for the purpose of acquiring an illic it gain or inflicting a loss to its holder, uses 
or discloses a trade secret acquired by disclosure wh ich is an offence prescribed in item 2 or the 
previous 3 items  (2)   Any person who falls under any of the followi ng 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 use of reputation or fame 
pertaining to another pers on's famous indication of goods or busi ness or for injuring said reputation or 
fame, commits any act of unfair competition listed in Article 2(1)(ii);  IP/N/1/JPN/U/1 
Page 16  
 
  (iii) a person who, for the purpose of acquiring an illicit gain, commits any act of unfair 
competition listed in Article 2(1)(iii);  (iv) a person who, for a purpose of acquiring an illicit gain or for a purpose of inflicting a loss to 
another person who is using technological restric tion measures for business, commits any act of unfair 
competition listed in Articles 2(1)(x) or (xi); 
 (v) a person who misrepresents information on goo ds or with respect to services, or in an 
advertisement thereof or in a document or corresponde nce used for a transaction related thereto, in a 
manner that is likely to mislead the public as to th e place of origin, quality, contents, manufacturing 
process, use, or quantity of such goods, or the quality, c ontents, purpose, or quantity of such services 
(except for a person prescribed in item 1);  (vi) a person who violates a protective order; or 
 
(vii) a person who violates any provision of Articles 16, 17, or 18(1). 
 (3)   The offenses prescribed in paragraph 1, item 6 of the preceding paragraph may not be 
prosecuted without a complaint.  (4)   The offenses prescribed in item 2 or items 4 to 7 of paragraph 1 shall also apply to a person 
who committed them outside Japan for a trade secret th at had been kept within Japan at the time of the 
act of fraud or others or the act violating control obligations, or at the time the trade secret was 
disclosed by its holder.  (5)   The offense prescribed in item 6 of paragraph 2 shall also apply to a person who committed it 
outside Japan. 
 (6)   The offense prescribed in item 7 of paragr aph 2 (limited to the part pertaining to 
Article 18(1)) shall be governed by Article 3 of the Penal Code (Act No. 45 of 1907). 
 (7)   The provisions of paragraphs 1 and 2 shall not preclude application 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 th e provisions of items 1, 2 or 
7 of paragraph 1, or paragraph 2 of the preceding Article with regard to the business of said juridical 
person or said individual, not only the offender but also said juridical person shall be punished by a 
fine of not more than three hundred million yen, or said individual shall be punished by the fine 
prescribed in the relevant Article.  
(2)   In the case referred to in the preceding paragraph, a complaint filed against said offender 
pertaining to an offense prescribed in items 1, 2, and 7 of paragraph 1, and item 6 of paragraph 2 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. 
 
(3)   The period of prescription of a penalty of fine to be imposed a judicial person or individual 
pursuant to the provisions of paragraph 1 in regard to an act of violation of items 1, 2 or 7 of 
paragraph 1 or paragraph 2 of th e preceding Article shall be the sa me as that for the offenses 
prescribed in the provisions of the preceding Article.   IP/N/1/JPN/U/1 
 Page 17 
 
 
   Chapter VI Special Measures for Criminal Litigation Proceedings 
 
Article 23 (Protective Rulings of trade secret, etc.) 
 
(1)   The court may, where it handles cases pertaining to the crimes prescribed in Article 21(1) or 
the crimes prescribed in the preceding Article (1) (lim ited to the part related to Article 21(1)(i), (ii) 
and (vii)), when the victim or a legal representative of said victim, or lawyer who has been delegated 
by these persons requests that matters specifying th e whole of or part of the information that 
constitutes the trade secret of the case shall not be revealed in an open court, when the court believes 
it to be appropriate upon hearing the opinions of th e accused or his/her counsel, with determining the 
scope, decide, that the matters shall not be revealed in an open court. 
 (2)   A request prescribed in the preceding paragraph shall be made to the public prosecutor in 
advance. In such case, the public prosecutor shall notify as such to  the court together with the 
prosecutor's opinion. 
 
(3)   The court may, where it handles cases prescribed in paragraph 1, when the public prosecutor 
or the accused or his/her counsel requests that ma tters specifying the whole of or part of the 
information that constitutes a trade se cret held by the accused or other persons shall not be revealed in 
an open court, when the court finds that the ma tters are indispensable for proving the case or the 
defense of the accused and that there is a risk th at revealing the matters in an open court will 
significantly hinder the business activiti es of the accused or other pers ons that are based on the trade 
secret and when the court believes it to be appr opriate upon hearing the opinions of the opponent, 
with determining the scope, decide, that the matte rs shall not be revealed  in an open court. 
 (4)   The court may, where it has made a ruling prescribed in paragraph 1 or the preceding 
paragraph (hereinafter referred to as "protective rulings"), when the court deems it necessary, upon 
hearing the opinions of the public prosecutor a nd the accused or his/her counsel, determine, on a 
ruling, a provisional name or other expression in lieu of the name or other expression pertaining to the 
matters specifying constituent information of a trade secret ("matters specifying the constituent 
information of a trade secret" mean  matters specifying whole or part of information that constitutes a 
trade secret which shall not be revealed in an ope n court pursuant to the protective rulings; the same 
shall apply hereinafter). 
 (5)   The court shall, where it has made a protectiv e ruling, when the court has found that it is 
inappropriate that the matters specifying the cons tituent information of a trade secret shall not be 
revealed in an open court or when the case has ceased to be the case prescribed in paragraph 1 
because applicable penal statutes have been withdraw n or altered pursuant to Article 312 of the Code 
of Criminal Procedure (Act No. 131 of 1948), rescind,  on a ruling, the whole or part of the protective 
rulings and the whole or part of a ruling prescribed in the preceding paragraph (hereinafter referred to 
as "ruling on a provisional name, etc.") pertaining to the protective rulings.  
Article 24 (Special Measures of reading out the charging sheet) 
 
 Where a protective ruling has been given, reading out the charging sheet under Article 291(1) of the Code of Criminal Procedure shall be conduc ted by a measure which does not reveal the matters 
specifying constituent information of a trade secret. In this case, the public prosecutor shall show the 
charge sheet to the accused. 
 IP/N/1/JPN/U/1 
Page 18  
 
  Article 25 (Limitation on questions, etc.) 
 
(1)   The presiding judge may, where a protective ru ling has been given, when questions or 
statements by persons concerned w ith the trial include the matters specifying constituent information 
of a trade secret, except when limitations on such qu estions or statements may interfere considerably 
with proving the case or may substantially harm the defense of the accused, limit such questions or 
statements. The same shall apply questions for the accused by persons concerned in the trial. 
 (2)   The provisions of Article 295(4) and (5) of th e Code of Criminal Procedure shall apply 
mutatis mutandis to cases in which the public prosecuto r or the counsel who is a lawyer has failed to 
obey an order pursuant to the provi sion of the preceding paragraph. 
 
Article 26 (Examination of the witness and others on a day other than the trial date)  
(1)   The court may, where it has made a protectiv e ruling, or when it examines a witness, an 
interpreter or a translator or when the accu sed makes a statement voluntarily, upon hearing the 
opinions of the public prosecutor and the accused or hi s/her counsel, when 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 statem ents of the accused include the matters specifying 
constituent information of trade secret and reveali ng such matters in an open court will significantly 
hinder the business activities of the victim, the accu sed or other persons that are based on the trade 
secret, and it is avoidable in order to prevent such risk, conduct the examina tion or the procedure of 
asking the accused questions provided in Article 311(2) and (3) of the Code of Criminal Procedure on 
a day other than the trial date.  (2)   The provisions of Article 157(1) and (2), Article 158(2) and (3), Article 159(1), 
Article 273(2), Article 274 and Article 303 of the C ode of Criminal Procedure shall apply mutatis 
mutandis to the procedure of asking the accused qu estions pursuant to the provision of the preceding 
paragraph. In this case, "the accused or his/ her counsel" in Article 157(1), Article 158(3) and 
Article 159(1) of the Code of Criminal Procedure sh all be read as "the counsel, the co-defendants or 
his/her counsel"; "the accused and his/her counsel" in Article 158(2) of said Code shall be read as "the 
counsel, the co-defendants and his/her counsel"; "the trial date" in Article 273(2)  of said Code shall be 
read as "the date of the procedure of asking th e accused questions pursuant  to the provision of 
Article 26(1) of the Unfair Competition Prevention Ac t"; "the trial date" in Article 274 of said Code 
shall be read as "the date, time and location of th e procedure of asking the accused questions pursuant 
to the provision of Article 26(1) of the Unfa ir Competition Prevention Act"; "documents which 
contain the results of the examination of witnesses or  other persons, results of inspections, search or 
seizure, and objects seized" in Article 303 of said C ode shall be read as "documents which contain the 
results of the procedure of asking the accused quest ions pursuant to the provision of Article 26(1) of 
the Unfair Competition Prevention Act"; and "documenta ry or material evidence" in the same Article 
shall be read as the "documentary evidence". 
 
Article 27 (Order to produce or show a document  that outlines the matters of questions, etc.) 
  When the court deems it necessary in making a ruling on a provisional name, etc. or in 
determining that the examination or the procedure of asking the accused questions shall be conducted 
on a day other than the trial date pursuant to the pr ovision of the preceding Article (1), the court may 
order for the public prosecutor and the accused or hi s/her counsel to show a document that outlines of 
the matters to be questioned or stated or asked to the accused by persons concerned in the trial. 
  IP/N/1/JPN/U/1 
 Page 19 
 
 
  Article 28 (Special Measures of reading out the documentary evidence) 
 
 Where a protective ruling has been given, read ing out the documentary evidence pursuant to 
the provision of Article 305(1) or (2) of the Code  of Criminal Procedure shall be conducted by a 
method which does not reveal the matters speci fying constituent information of trade secret. 
 
Article 29 (Ruling in the pretrial arrangement proceeding, etc.) 
 
 The following actions may be taken in the pret rial arrangement proceeding and the inter-trial 
arrangement proceeding:  
(i) Protective  rulings or ruling on a prov isional name, etc., or ruli ng to rescind these rulings; or 
 (ii) Determining that the examination or the proce dure of asking the accused questions shall be 
conducted on a day other than the trial date pursuant to the provision of Article 26(1). 
 
Article 30 (Request of secrecy of trade secret in the disclosure of evidence) 
 
(1)   The public prosecutor and the counsel may, in providing the opportunity to inspect documents 
or articles of evidence pursuant to the provision of Article 299(1) of the Code of Criminal Procedure with regard to cases prescribed in Article 23(1), when they find that there is a risk that revealing the 
matters specifying constituent information of a trade secret prescribed in Article 23(1) or (3) in an 
open court will significantly hinder the business activiti es of the victim, the accused or other persons 
that are based on the trade secret, notify the opponent of such risk and request particular care to be 
taken so that such matters are not disclosed to  those concerned (including the accused), unless such 
matters are necessary for proving the case or the crim inal investigation, or for the defense of the 
accused; provided, however, that with regard to requ esting particular care to be taken so that such 
matters are not disclosed to the accused, this shall apply only to such matters other than those written 
in the charging sheet.  (2)   The provision of the preceding paragraph shall apply mutatis mutandis to cases in which the 
public prosecutor or the counsel di scloses evidence pursuant to the provi sions of Part II, Chapter III, 
Section 2, Subsection 1, Division 2 of the Code of  Criminal Procedure (including cases to which these 
provisions apply pursuant to the provisio n of Article 316-28(2) of said Code). 
 
Article 31 (Delegation to a Rules of th e Supreme Court of Criminal Procedure) 
 
 In addition to what is provided for in this Act, necessary matters concerning the enforcement 
of the provisions of Articles 23 to the preceding Artic le shall be specified by the Supreme Court Rules 
of Criminal Procedure.   
Supplementary Provisions (Extract)  
 
Article 1 (Entry into force) 
 
 This Act shall enter into force on the day sp ecified by a Cabinet Order within a period not 
exceeding one year from the day of promulgation. 
(Entered into force on May 1, 1994, by Cabinet Order No. 44 of 1994) 
 IP/N/1/JPN/U/1 
Page 20  
 
  Article 2 (Transitional measures)  
 
 Except as otherwise provided, the provisions of the Unfair Competition Prevention Act (hereinafter referred to as the "New Act") as revised by this Act shall apply to the matters that arose 
before the enforcement of this Act. However, this  does not preclude the effects that had arisen from 
the Unfair Competition Prevention Act before the re vision (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 following act s that were commenced before the enforcement of 
this Act.  (i) an act that falls under Article 2(1)(ii) of the New Act (excluding 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 thereto, 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 sa me 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 after 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 sa me paragraph that was commenced before such date: 
 
(i) the act of disclosing a trade secret prescribed in Article 2(1)(iv) to (vi), (viii) and (ix) of the 
New Act; or  (ii) the act of acquiring a trade secret prescribed in  Article 2(1)(v) and (viii) of the New Act, and 
the act of using a trade secret that was acquired through such act. 
 
Article 5 
 
 The provisions of Article 7 of the New Act shal l apply to lawsuits filed after the enforcement 
of this Act, and with regard to la wsuits 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 shall 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). 
  IP/N/1/JPN/U/1 
 Page 21 
 
 
  Article 7  
 
 A person who has obtained the permission prescribed  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 Article 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 shall not apply to a person who has obtained the 
permission prescribed in Article 4(4) of the Form er Act before the enforcement of this Act. 
 
Article 9 
 
 The provision of Article 17 of the New Act shall not apply to continuation of an act that falls 
under the act of using a mark similar to an interna tional 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 designate d by the competent minister as prescribed in 
Article 4-2 of the Former Act; hereinafter referred to as a "mark similar to a private international 
organization mark") as a trademark, or assigning,  delivering, displaying for the purpose of assignment 
or delivery, exporting, importing or providing through an electronic telecommunication line, goods 
using a mark similar to a private international orga nization mark as a trademark, or providing services 
using a mark similar to a private international or ganization 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  pertaining to Article 21(2)(vi)) 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 be fore 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 agai nst an act that was committed before the enforcement of this Act, 
the provisions then in force shall remain applicable. 
 
Article 13 (Transitional measures for application of penal provisions) 
 
 With regard to application of the penal provi sions 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 Artic les 2 to 11 and Article 13 of the Supplementary 
Provisions of this Act, the transitional measures necessary for enforcement of this Act shall be 
specified by a Cabinet Order. 
 
 
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