WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/JPN/O/4 
19 September 2008 
 (08-4394) 
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. 55 of 7 June 2006 (which entered into force 
on 1 January 2007)), as notified by Japan under Article 63.2 of the Agreement (see document 
IP/N/1/JPN/9). 
 
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 modifi ée pour la dernière fois  par la Loi n° 55 du 7 juin 2006 (qui est 
entrée en vigueur le 1er janvier 2007)), notifiée par le Japon au titr e de l'article 63:2 de l'Accord (voir 
le document IP/N/1/JPN/9). 
 
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 última  vez por la Ley Nº 55 de 7 de junio de 2006, que 
entró en vigor el 1º de enero de 2007), notificado por el Japón en virtud de lo dispuesto en el párrafo 2 
del artículo 63 del Acuerdo (véase el documento IP/N/1/JPN/9). 
                                                      
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/4 
Page 2  
 
  Unfair Competition Prevention Act  
(Act No.47 of May 19, 1993, as last ame nded by Act No. 55 of June 7, 2006) 
[ENTRY INTO FORCE: January 1, 2007] 
 
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 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 hereinaf ter) that is identical or similar to said 
person's indication of goods or business th at is well-known among consumers or other 
purchasers, or by 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; 
(ii)  acts of using as one’s own an indication of goods  or business that is identical or similar to 
another person's famous indicati on of goods or business, or th e 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 configur ation (excluding 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 su ch 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 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;, 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 trade secret (hereinafter referre d to as the “holder”), for the purpose of unfair 
business competition or otherwise acquiring an illic it 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 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 disclosing a trade secret in breach of a legal duty to maintain secrecy; the same shall apply herein after) 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, subse quent to its acquisition, that there has been 
improper disclosure of such trade secret or th at such trade secret has been acquired through 
improper disclosure;  IP/N/1/JPN/O/4 
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  (x)  acts of assigning, delivering, displaying for th e purpose of assignment or delivery, exporting 
or importing (a) devices (including machines 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, sounds or programs 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 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 acts of providing programs having only such function 
through an electric telecommunication line;  
(xi) acts of assigning, delivering, displaying for th e purpose of assignment or delivery, exporting 
or importing to all but specific persons (a) de vices (including machines 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, sounds or programs which are 
restricted by technological restriction measures th at are used in business to restrict all but 
said specific persons from viewing images or  hearing sounds, running programs, or 
recording images, sounds or programs, by obs tructing 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 the act of providing programs having only such function through an electric 
telecommunication line;  
(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 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 purpose of acquiring an illicit 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 used for a tran saction 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, importing or providing through an electric telecommunication line, 
goods with such an indication or provi ding services with such an indication;  
(xiv) acts of making or circulating a false allegation th at 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 relating to a trademark (such right shall be 
limited to a right equivalent to a trademark ri ght; hereinafter simply referred to as a "right" 
in this item) in a country of the Union estab lished 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 Organizati on 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, displaying for the 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 identical or simila r to the services relating to such right.  
(2)  The term “trademark” as used in this Act mean s a trademark as defined in Article 2(1) of the 
Trademark Act. 
(3)  The term “mark” as used in this Act means a mark as defined in Article 2(1) of the Trademark 
Act. IP/N/1/JPN/O/4 
Page 4  
 
  (4)  The term “configuration of goods” as used in th is 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 means technical or business information useful for 
commercial activities such as manufacturing or marketing methods that is kept se cret 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 runn ing of programs, or recording of images, sounds 
or programs through electromagnetic means (whi ch 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 sounds, running programs, or recording images, 
sounds or programs; the same shall apply herein after) react in a specific manner along with the 
images, sounds or programs, or a method of recording on data storage media or transmitting converted images, sounds or programs, which re quire specific conversion 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, num bers, signs or other symbols or 
any combination thereof that correspond to the num bers, 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 likely to be infringed by unfair 
competition may seek an injunction suspending or preventing 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 likely to be infringed by unfair 
competition may seek, upon seeking an injunction purs uant to the preceding paragraph, destruction 
of the articles that constituted the act of infringe ment (including articles created by the act of 
infringement; the same shall apply in Article 5(1)),  removal of the equipmen t used for the act of 
infringement, or other acts required for suspension or prevention of the infringement. 
 
Article 4 (Damages)   
  A person who intentionally or negligently infringes on the business interests of another person by 
unfair competition shall be liable for damages resul ting 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 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 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 pers on" in this paragraph) 
claims damages caused by such an infringement from a person who has intentionally or negligently 
infringed such business interests, and where the in fringer has 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  IP/N/1/JPN/O/4 
 Page 5 
 
 
  infringement may be deemed as the amount of dama ges suffered by the infringed person, provided 
it does not exceed the amount attainable by the in fringed person's capability to sell or conduct other 
acts concerning said articles. However, where th ere 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 in tentionally or negligently infri nged such business interests and 
received profits through the act of infringement, th e 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 business interests, an amount equivalent to the amount of money that should be awarded against the acts prescribed respectively 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 Artic le 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 shall not preclude a claim for damages exceeding the 
amount prescribed in the paragraph. In such a case, if the person who in fringed such business 
interests did not do so intentionally or through gr oss 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 inte rests 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 allegati on, clarify the specific conditions of his/her own act. 
However, this does not apply when the adverse pa rty 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 produce any documents necessary for proving the act of infringement or assessing the amount of damages cau sed by such act of infringement. However, 
this does not apply when the holder of the doc uments has justifiable grounds for refusing to 
produce them. 
(2)  Where the court finds it necessary for determin ing 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 re quest 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 preceding 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. IP/N/1/JPN/O/4 
Page 6  
 
  (4)  The provisions of the preceding three paragra phs shall apply mutatis mutandis to the production 
of the objects of inspection necessar y 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 interests by unfair co mpetition, 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 expert opinion. 
 Article 9 (Determination of reasonable damages)  
  In a lawsuit for the infringement of business in terests by unfair competition, where damages were 
found and it is extremely difficult to prove the fa cts necessary for proving the amount of damages due 
to the nature of said facts, the court may dete rmine a reasonable amount of damages based on the 
overall purport of the oral arguments and th e results of the examination of evidence. 
 
Article 10 (Protective order)  
(1)  In a lawsuit for the infringement of business in terests 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 
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 means other than the 
reading 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 written in an  already-produced or a to-be-produced brief, 
or included in the contents of already-exam ined or to-be-examined evidence (including 
documents disclosed pursuant to Article 7(3) or a document 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 preceding paragraph (hereinafter referred to as the 
“protective order”) shall be made in wr iting and include the following matters: 
(i) the person to whom the protective order is to be issued;  
(ii) facts that are sufficient for identif ying 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 sha ll serve a decision letter on the person to whom the 
protective order was issued. 
(4)  A protective order takes effect when a deci sion letter is served on the person to whom the 
protective order was issued. 
(5)  When the court dismisses a motion for a protective 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 pr otective order) on the ground that the requirement 
prescribed in the preceding Article1 is not met or is no longer met.  IP/N/1/JPN/O/4 
 Page 7 
 
 
  (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 issued, is sued a protective order for the protection of the 
trade secret against any person other than the m ovant for rescssion 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 pertaini ng 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 w ho 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 sa me 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 cour t 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 the secret until two weeks have passed since the date of the request (if a 
motion for a protective order against the person w ho performed the procedure for the request was 
filed on or before such date, until the date wh en 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 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 business inter ests by unfair competition, where a party, etc. is 
to be examined as a party itself or a legal representa tive or as a witness with regard to a matter that 
serves as the basis for determining the presence or  absence of the infringement and falls under a 
trade secret held by the party, and when the cour t, by the unanimous consent of the judges, finds 
that the party, etc. is unable to give sufficient st atements regarding the matter because it is clear that 
giving statements regarding the matter in open co urt will significantly hinder the party'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 th e presence or absence of infringement on business 
interests by unfair competition which should be ma de 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 part y, etc. before making the ruling under the preceding 
paragraph. 
(3)  In the case of the preceding paragraph, the c ourt 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 disclose 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 eff ect and the reason thereof to the members of the IP/N/1/JPN/O/4 
Page 8  
 
  public present before making them leave the courtroom. 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 intentionally  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 extinguished by  prescription when the person who commits such an 
act continues the act and the right-holder whose busin ess 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 the pers on 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 id entical to a flag, a crest, 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 ot herwise transfer, deliver, display for the purpose of 
assignment or delivery, export, import or provi de 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 the government agency of the foreign state 
that is authorized to grant permission (incl uding an administrative disposition similar to 
permission) for use of the state emblem of a foreign state. 
(2)  In addition to the provision of the preceding pa ragraph, 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 fo reign state emblem, or shall provide services 
using a foreign state emblem. However, this sha ll not apply when permission has been obtained 
from the government agency of the foreign state that is authorized 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 si gn 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 "mar k 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 foreign government 
sign is used, 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 government sign as a trademark, or shall provide services using a foreign government sign 
as a trademark. However, this shall not appl y when permission has been obtained from the 
government agency of the foreign state that is aut horized to grant permission for use of the foreign 
government sign. 
  IP/N/1/JPN/O/4 
 Page 9 
 
 
  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 give , any money or other benefits to a foreign public 
officer for the purpose of having the foreign public officer act or refrain from acting in a particular 
way in relation to his/her duties, or having th e foreign 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 gains in business with regard to international 
commercial transactions. 
(2)  The term “foreign public officer” as used in th e 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 ente rprise 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 ente rprise's total issued voting shares or total 
amount of subscribed capital, or of which the number of officers (which means directors, auditors, secretaries, and liquidators and ot her persons engaged in  management of the 
business) appointed or designated by one or more  of the foreign, 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 local government s 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 which have been delegated by such 
organization. 
 
Article 19 (Exclusion from application, etc.)  
(1)  The provisions of Articles 3 to 15, Article 21 (e xcluding the part pertaining Article 21(2)(vi)) 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 Article 2(1)(i), (ii), (x iii) 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 grapes 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 assignment 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 IP/N/1/JPN/O/4 
Page 10  
 
  of providing services using or indicating a common name, etc. in a normally used manner, in 
the case of unfair 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 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, 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 purpo se (including an act of providing services 
using one’s own name without a wrongful purpo se, 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 that is identical or sim ilar to another person’s indication of goods or 
business before said person's indication beca me 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 
indication 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 sim ilar to another person's indication of goods or 
business before said person's indication b ecame 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 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 
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, leasing, displaying for the purpose of assignment or lease, exporting 
or importing goods that imitate the configur ation of goods for which three years have 
elapsed from the date they we re first sold in Japan; or  
(b) the act of a person who has received goods that imitate the configuration of another 
person’s goods by transfer (limited to a pers on who, at the time of receiving such goods 
by transfer, had no knowledge that the goods  imitated the configuration of another 
person’s goods, and such lack of know ledge was not based on gross negligence) 
assigning, leasing, displaying for the purpose of assignment or lease, exporting or importing such goods;  
(vi) unfair competition listed in Article 2(1)(iv) to (i x) – the act of a person, who has acquired a t 
rade secret through a transaction (limited to a pe rson who, at the time of acquiring such trade 
secret, had no knowledge that there had been an  improper disclosure of such trade secret or 
that such trade secret ha d been acquired through wrongf ul acquisition or improper 
disclosure, and such lack of knowledge w as not based on gross negligence), using or 
disclosing the trade secret within the scope of  authority acquired through such transaction;  
(vii)  unfair competition listed in Article 2(1)(x) a nd (xi) – the act of assigning, delivering, 
displaying for the purpose of assignment or  delivery, exporting or importing devices 
prescribed in Article 2(1)(x) and (xi) or da ta 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 infringe d or are likely to be infringed through any of 
the acts listed in items 2 or 3 of the preceding pa ragraph may request a person, who is specified 
respectively in the following items for the classificati on of acts listed therein, to use an appropriate 
indication for preventing confusion with his/her goods or business:  IP/N/1/JPN/O/4 
 Page 11 
 
 
  (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 tran sfers, delivers, displays for the purpose of 
assignment or delivery, exports, impor ts or provides through an electronic 
telecommunication line, goods using his/her own name); or  
(ii)   acts listed in item 3 of the preceding paragraph – a person using an i ndication of goods or 
business identical or similar to another pe rson’s indication 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 othe rwise 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 Ca binet 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 for such enact ment, revision or abolition, specify required 
transitional measures (including transitiona l 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 ten years, a fine of not more than ten million yen, or both: 
(i)  a person who uses or discloses a trade secret acquired by an act of fraud or others (which 
means an act of deceiving, assaulting or intim idating a person; the same shall apply 
hereinafter) or an act violating control oblig ations (which means an act of stealing a 
document or a data storage medium containing a trade secret [hereinafter referred to as “a medium containing a trade secret”], trespassing on a facility where a trade secret is kept, 
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 maintained by its holder in any ot her way) for a purpose of unfair competition; 
(ii)  a person who acquires a trade secret by any of the following methods through an act of fraud 
or others or an act violating control obligati ons for a purpose of using or disclosing it in a 
manner prescribed in the preceding item: 
(a)  acquiring a medium containing a trade secret under the control of a holder; or 
(b) reproducing information in a medium containing a trade secret under the control of a 
holder; 
(iii) a person to whom a trade secret was disclosed  by its holder, and who, for a purpose of 
unfair competition, uses or discloses it after taking possession of or making a document or a data storage medium containing the trade secret, by any of the following methods, through 
an act of fraud or others or an act violati ng control obligations, or through embezzlement or 
other acts of breaching the duty to keep safe cu stody of the medium containing the trade 
secret: 
(a)  taking possession of a medium containing a trade secret under the control of the holder; or 
(b)  reproducing information contained in a medium  containing a trade secret under the control 
of the holder; 
(iv) 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 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 fo r a person prescribed in the preceding item); 
(v)   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 unfair co mpetition, 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, and uses or discloses it after leaving the job (except for a person prescribed 
in item 3); IP/N/1/JPN/O/4 
Page 12  
 
  (vi)  a person who, for a purpose of unfair competition, uses or discloses a trade secret acquired 
by disclosure which is an offence prescribed in item 1 or items 3 to 5; 
(2)  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 use of reputation or fame 
pertaining to another person’s famous indica tion of goods or business or for injuring said 
reputation or fame, commits any act of unfair competition listed in Article 2(1)(ii);  
(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 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 
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 (ex cept for a person prescribed in item 1);  
(v)  a person who violates a protective order; or  
(xi) a person who violates any provision of Articles 16, 17, or 18(1). 
(3)  The offenses prescribed in paragraph 1, item 5 of the preceding paragraph may not be prosecuted 
without a complaint. 
(4)  The offenses prescribed in item 1 or items 3 to 6 of paragraph 1 shall also apply to a person who 
committed them outside Japan for a trade secret that 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 5 of paragra ph 2 shall also apply to a person who committed it 
outside Japan. 
(6)  The offense prescribed in item 6 of paragraph 2 (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 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 committe d a violation prescribed in any of  the provisions of items 1, 2 
or 6 paragraph 1, or paragraph 2 of the preced ing 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 paragr aph, a complaint filed against said offender 
pertaining to an offense prescribed in items 1,2, a nd 6 of paragraph 1, and item 5 of paragraph 2 of 
the preceding Article shall also be effective against 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 judici al person or individual 
pursuant to the provisions of paragraph 1 in regard  to an act of violation of items 1,2 or 6 of 
paragraph 1 or paragraph 2 of th e preceding Article shall be the same as that for the offenses 
prescribed in the provisions of the preceding Article.  
  IP/N/1/JPN/O/4 
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  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.(E ntered into force on May 1, 1994, by Cabinet 
Order No. 44 of 1994) 
 
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 Ac t shall apply to the matters that arose before the 
enforcement of this Act. However, this does not pr eclude the effects that had arisen from the Unfair 
Competition Prevention Act before the revision (her einafter 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 acts 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 theret o, 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 (v i), (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 Ar ticle 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 shall appl y to lawsuits filed after the enforcement of this 
Act, and with regard to lawsuits filed before the en forcement of this Act, the provisions then in force 
shall remain applicable.  
Article 6  
  The provisions of Article 14 of the New Act shall no t 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 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. 
 IP/N/1/JPN/O/4 
Page 14  
 
  Article 8  
  The provision of Article 16 of the New Act sha ll 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 internationa l organization mark (excluding a mark identical or 
similar to a crest, a flag, or other emblem, abbreviatio n, or name of an intern ational intergovernmental 
organization that is designated by the competent mi nister 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 telecomm unication line, goods using a mark similar to a 
private international organization mark as a trademar k, or providing services using a mark similar to a 
private international organization mark as a trademar k, which is prescribed in Article 17 of the New 
Act, if such an act is commenced be fore the enforcement of this Act. 
 
Article 10  
  The provision of Article 21 (excluding the part pert aining 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 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 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.  
Supplementary Provisions (Extract fr om Act No. 116 of December 14, 1994)  
 
Article 1 (Entry into force)  
  This Act shall enter into force on July 1, 1995. Ho wever, the provisions 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 revisi ng Article 30(3) of the Patent Act, the provisions 
of Article 5 of this Act (excluding the pr ovisions revising 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 Establishing th e World Trade Organization takes effect in 
Japan (hereinafter referred to as the “Effective Date”), whichever is later. 
 
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 the respective revising provisions in this Act or an act that is committed after the 
enforcement of the respective revising provisions in this Act but pertains to matters to which the 
provisions then in force are to remain applicable pursuant to the Supplementary Provisions of this 
Act, the respective provisions then in force shall remain applicable. 
  IP/N/1/JPN/O/4 
 Page 15 
 
 
  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 enforcem ent of this Act shall be specified by a Cabinet 
Order.  
 
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 provisions listed in the following 
items shall enter into force on the dat es specified in the respective items: 
(i)   the provisions of Article 1 of this Act revisi ng 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 Article 9-2 of the same Act, revising Article 13(1) of the same Act, 
and revising Article 53-2 of the same Act, and th e provisions of Article 6 of this Act – the 
day on which the Trademark Law Treaty takes effect in Japan. 
 
Article 20 (Transitional measures for application of penal provisions) 
  With regard to application of the penal pr ovisions to an act that was committed before the 
enforcement of the respective revising provisions in this Act or an act that is committed after the 
enforcement of the respective revising provisions in this Act but pertains to matters to which the 
provisions then in force are to remain applicable pursuant to the Supplementary Provisions of this 
Act, the respective provisions then in force shall remain applicable. 
 
Article 21 (Delegation to a Cabinet Order)  
  In addition to the matters provided for in Articles 2 to 20 of the Supplementary Provisions of this 
Act, the transitional measures necessary for enforcem ent 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 which the Convention on Combating Bribery of Foreign 
Public Officials in International Busi ness Transactions takes effect in Japan. 
 
Supplementary Provisions (Extract from Act No. 33 of April 23, 1999)  
 
  This Act shall enter into force on October 1, 1999. 
 
Supplementary Provisions (Extract fr om Act No. 160 of December 22, 1999) 
 Article 1 (Entry into force) 
  This Act (excluding Article 2 and Article 3) sha ll enter into force on January 6, 2001. However, the 
provisions listed in the following items shall enter in to force on the dates sp ecified in the respective 
items: 
(i)   the provisions of Article 995 (limited to the pa rt pertaining to the revising provisions in the 
Supplementary Provisions of the Act for Par tial Revision of the Act on the Regulation of 
Nuclear Source Material, Nuclear Fuel Material and Reactors), Article 1305, Article 1306, Article 1324(2), Article 1326(2) and Artic le 1344 – the day of promulgation; 
 
 IP/N/1/JPN/O/4 
Page 16  
 
  Supplementary Provisions (Extract from Act No. 81 of June 29, 2001) 
 Article 1 (Entry into force) 
  This Act shall enter into force on the day specifi ed by a Cabinet Order within a period not exceeding 
six months from the day of promulgation. 
(Entered into force on December 25, 2001 by Cabinet Order No. 387 of 2001) 
 
Article 2 (Transitional measures for application of penal provisions) 
  With regard to application of the penal pr ovisions to an act that was committed before the 
enforcement of this Act, the provisions then in force shall remain applicable. 
 
Article 3 (Delegation to a Cabinet Order) 
  In addition to the matters provided for in th e preceding Article, the transitional measures necessary 
for enforcement of this Act shall be specified by a Cabinet Order.  
Supplementary Provisions (Extract from Act No. 46 of May 23, 2003) 
 Article 1 (Entry into force) 
  This Act shall enter into force on the day specifi ed by a Cabinet Order within a period not exceeding 
one year from the day of promulgation. (Entered into force on January 1, 2004 by Cabinet Order No. 310 of 2003) 
 
Article 2 (Transitional measures) 
  The provisions of Article 9 of the Unfair Compe tition Prevention Act revised by this Act shall not 
apply to a case for which oral arguments have concl uded at a high court or district court in the second 
instance before the enforcement of this Act or to a case for which an agreemen t has been made before 
the enforcement of this Act not to file an appeal  to the court of second instance, while reserving the 
right to file a final appeal, against a judgment rende red by a summary court or a judgment rendered by 
a district court in the first instance.  (Partial revision by Act No. 75 of 2005)  
Article 3 (Delegation to a Cabinet Order) 
  In addition to the matters provided for in th e preceding Article, the transitional measures necessary 
for enforcement of this Act shall be specified by a Cabinet Order.  
Supplementary Provisions (Act No. 51 of May 26, 2004)  
     This Act shall enter into 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 provisions) of the Court 
Organization Act, the Code of Civil Procedure, the Ac t on the Cost of Civil Procedure, the Patent Act, 
the Utility Model Act, the Design Act, the Tradem ark 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 the revision by this Act.   IP/N/1/JPN/O/4 
 Page 17 
 
 
  Article 3 (Transitional measures in line with  partial revision of the Patent Act, etc.) 
  The following provisions shall not apply to a case for which court proceedings have been completed 
before the enforcement of this Act, to a case for which oral arguments have concluded at a high court 
or district court in the second instance before the enforcement of this Act or to a case for which an 
agreement has been made before the enforcement of this Act not to file an appeal to the court of 
second instance, while reserving the right to file a final appeal, against a judgment rendered by a 
summary court or a judgment rendered by a district court in the first instance: 
(i) to (iii)  omitted 
(iv) the provisions of Articles 10 to 12 of the Unfair Competition Prevention Act revised by the 
provisions of Article 8. 
(Partial revision by Act No. 75 of 2005) 
 
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 specifi ed 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 th e day on which the Act for Partial 
Revision of the Penal Code to Respond to an Incr ease in International and Organized Crimes and 
Advancement of Information Processing (Act No.   of 2005) enters into force or the day on which this 
Act enters 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 provi sions 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 Proceeds and Other Matters (Act No. 136 of 1999; hereinafter 
referred to as the “Organized Crime Punishment Ac t”) 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 followi ng provisions (including a criminal act committed 
outside Japan, which would constitute any of these o ffenses if it were committed in Japan and which 
constitutes an offense under the laws and regulatio ns of the place of the act) that was committed 
before the enforcement of this Act in order to ac quire illicit gains, or assets acquired as a reward for 
said criminal act: Article 14(1)(i) to (vi)-2, or  (vii) of the Unfair Competition 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 Act before the revision 
pursuant to the provision of Article 3 of this Act; Ar ticle 73-2(1) of the 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 th is 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 provision 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 Artic le 3 is to remain applicable pursuant to the 
provision of Article 4(1) of the Supplementary Provis ions of the Act for Partial Revision of the Patent 
Act, etc. (such Utility Model Act shall be referre d to as the “Former Utility Model Act of 1992” in 
Article 6 of the Supplementary Provisions of this Act).In this case, these assets shall be deemed as 
criminal gains under Article 2(2)(i) of the Organized Crime Punishment Act. IP/N/1/JPN/O/4 
Page 18  
 
   
Article 4  
  Where the Act for Partial Revision of the Penal C ode to Respond to an Increase in International and 
Organized Crimes and Advancement of Information Pr ocessing enters into 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 enters into force until the day befo re the day on which the Act for Partial Revision of 
the Penal Code to Respond to an Increase in Intern ational and Organized Crim es and Advancement of 
Information Processing enters into force, “Artic le 11(1)” in the same paragraph shall read 
“Article 18(1)” and “Article 14(1)(vii)” in the sa me paragraph shall read “Article 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 sh all be specified by a Cabinet Order. 
 
Supplementary Provisions (Extract fr om Act No. 87 of July 26, 2005) 
 
  This Act shall enter into force on the day of enforcement of the Companies Act. 
 (Entered into force on May 1, 2006)  
Supplementary Provisions (Extract fr om Act No. 55 of June 7, 2006) 
 
Article 1 (Entry into force) 
  This Act shall enter into force on the day specifi ed by a Cabinet Order within a period not exceeding 
one year from the day of promulgation. However, the provisions listed in the following items shall 
enter into force on the dates sp ecified in the respective items: 
 (Entered into force on April 1, 2007, by Cabinet Order No. 340 of 2006) 
(i)   omitted 
(ii)  the provisions of Article 1 of this Act re vising Article 2(3), Article 38, Article 44-3 and 
Article 55 of the Design Act, deleting the title of  Article 69 of said Act, adding a title to said 
Article, revising said Article, adding one Article immediately following said Article and revising Article 74 of said Act; the provisions of  Article 2 of this Act revising Article 2, 
Article 101, Article 112-3 and Artic le 175 of the Patent Act, deleting the title of Article 196 
of said Act, adding a title to said Article , revising said Article, adding one Article 
immediately following said Article and revising Article 201 of said Act; the provisions of 
Article 3 of this Act; the provisions of Article 4 of this Act revising Article 2(3), Article 37 
and Article 67 of the Trademark Act, deleti ng the title of Article 78 of said Act, adding a 
title to said Article, revising said Article, adding one Article immediately following said 
Article and revising Article 82 of said Act; the provisions of Article 5 of this Act; the 
provisions of paragraph (3) of the following Article; and the provisions of Article 3(2), 
Article 4, Article 5(2), Article 9, Article 12, Article 13 and Article 16 of the Supplementary 
Provisions – January 1, 2007; 
(iii) the provisions of Article 10 and Article 15 of the Supplementary Provisions – the day on 
which the Act for Partial Revision of the Penal Code to Respond to an Increase in 
International and Organized Crimes and Advanc ement of Information Processing (Act No.   
of 2006) enters into force or the day specified in the preceding item (hereinafter referred to 
as the “partial enforcement date”), whichever is later. 
 
Article 10 (Transitional measures on assets, etc.  arising from a criminal act committed before 
the enforcement) 
The provisions of Article 9(1) to (3), Artic le 10, and Article 11 of the Organized Crime 
Punishment Act shall also apply to an act committed after the partial enforcement date 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 co mmitted outside Japan, wh ich would constitute any  IP/N/1/JPN/O/4 
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  of these offenses if it were committed in Japan a nd which constitutes an offense under the laws and 
regulations of the place of the act) that was committed  before the partial enforcement date in order to 
acquire illicit gains or assets acquired as a reward  for said criminal act: Article 69 of the Design Act 
before the revision pursuant to the provisions of Ar ticle 1;Article 56 of the Utility Model Act before 
the revision pursuant to the provisions of Article 3; Article 21(2) of the Unfair Competition 
Prevention Act before the revision pursuant to the pr ovisions of Article 5; Article 56(1) of the Utility 
Model Act before the revision pursuant to the provisi ons of Article 3 of the Supplementary Provisions 
of the Act for Partial Revision of the Patent Act,  etc. (Act No. 26 of 1993) before the revision 
pursuant to the provisions of Article 12 of the Supplementary Provisions of this Act where said provisions of Article 3 are to remain applicable pursuant to the provisions 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 hereinafter be referred to as the “Forme r Utility Model Act of 1993”). In this case, these 
assets shall be deemed as the criminal gains under Article 2(2)(i) of the Organized Crime Punishment Act.  Article 11 (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 Articles 2 to 11 of the Supplementary Provisions and the preceding Article, the transitional measures necessary fo r enforcement of this Act shall be specified 
by a Cabinet Order. 
 
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