WORLD TRADE  
ORGANIZATION  IP/N/1/JPN/7 
17 March 2008 
 
 (08-1180) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
JAPAN 
 
  The following communication, dated 29 September 2006, is being circulated at the request of the Delegation of Japan. 
_______________ 
 
  Please find attached the updated text of Main  Dedicated Intellectual Property Laws and 
Regulations and Other Laws a nd Regulations as listed below. 
  This is for notification under Ar ticle 63.2 of the TRIPS Agreement. 
 
 Please find attached a flexible disk containing the English text data which is a provisional translation of the Main Dedicated Inte llectual Property Laws and Regulations. 
  Main Dedicated Intellectual Property Laws and Regulations: 
 
- Copyright Law 
1 
 - The Seeds and Seedlings Act 
2 
 - Standard for Indication in Rela tion to Geographical Indications 
3 
 
 Other Laws and Regulations (see the Annex):  
- Law Concerning the Cost of Civil Procedure 
4 
 
- Act Against Unjustifiable Premiums and Misleading Representations 4 
 - Cabinet Ordinance on Organization of Executive Office of Fair Trade Commission 
4 
 
 
                                                      
1 See document IP/N/1/JPN/C/5. 
2 See document IP/N/1/JPN/P/7. 
3 See document IP/N/1/JPN/G/1. 
4 Indicated in italics  in the Annex. IP/N/1/JPN/7 
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  ANNEX
 
 
 
LIST OF OTHER LAWS AND REGULATIONS  
  
TITLE 
DATE OF ADOPTION 
ENTRY INTO FORCE:   
BRIEF DESCRIPTION  
Trademarks 
  
Regulation under the Trademark Law  
 
(Ordinance No. 13 of the Ministry of International Trade and Industry 
of 8 March 1960, as last amended by Ordinance 
No. 28 of the Ministry of Economy, Trade and Industry of 2 March 2004)  Entry into force: 1 April 2004 
 
 The Regulation implements the Trademark Law 
(Law No. 127 of 13 April 1959, as last amended by law No. 398 of 10 September 2003). 
Geographical indications   
Standard for Indication in Relation to 
Geographical Indications   
 
(Notification No. 4 of the National Tax Agency of 28 December 1994, as last amended by the Notification No. 9 of the National Tax Agency of 28 April 2006) 
  
Entry into force: 1 May 2006   The standard implements paragraph 1 of Article 
23 of the TRIPS Agreement. 
Act against Unjustifiable Premiums and 
Misleading Representations  
 
(Law No. 134 of 15 May 1962, as last amended by law No. 35 of 27 April 2005)   Entry into force: 4 January 2006 The Act prevents inducement of customers by 
means of misleading representations, etc., in terms of ensuring fair competition. Among the 
actions provided for in paragraph 2(a) of 
Article 22 of the TRIPS Agreement, false representations of the place of origin misleading consumers in general are prohibited by Article 4 (Prohibition of Misleading Representation) of 
the Act. 
  
  IP/N/1/JPN/7 
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TITLE 
DATE OF ADOPTION 
ENTRY INTO FORCE:   
BRIEF DESCRIPTION  
Industrial designs 
  
Regulation under the Design Law  
 (Ordinance No. 12 of the Ministry of International Trade and Industry 
of 8 March 1960, as last amended by Ordinance 
No. 30 of the Ministry of Economy, Trade and Industry of 29 March 2005)   Entry into force: 1 April 2005   The Regulation implements the Design Law 
(Law No. 125 of 13 April 1959, as last amended by Law No. 120 of 18 June 2004) 
Patents (including plant variety protection)   
Regulation under the Patent Law  
 
(Ordinance No. 10 of the Ministry of 
International Trade and Industry of 8 March 1960, as last amended by Ordinance No. 30 of the Ministry of Economy, Trade and Industry of 29 March 2005) 
  
Entry into force: 1 April 2005  The Regulation implements the Patent Law (Law 
No. 121 of 13 April 1959 as last amended by 
Law No. 79 of 4 June 2004). 
Act Concerning Prohibition of Private Monopoly 
and Maintenance of Fair Trade (Anti-monopoly 
Act) 
 
(Law No. 54 of 14 April 1947, as last amended by Law No. 35 of 27 April 2005)   Entry into force: 4 January 2006 
 
 Article 100 of the Act (Revocation of Patent 
Rights or Patent Licences) provides that it is the court that makes the declaration of revocation of 
patent rights or patent licences. Therefore, an 
opportunity for judicial review of decisions to revoke or forfeit a patent shall be available. This provision implements Article 32 of the TRIPS Agreement. 
Protection of undisclosed information  
National Public Service Law   
(Law No. 120 of 21 October 1947, as last 
amended by Law No. 33 of 15 June 1994) 
  
Entry into force: 1 September 1994   Article 100 of the Law contains provisions 
relating to paragraph 3 of  Article 39 of the TRIPS 
Agreement. IP/N/1/JPN/7 
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TITLE 
DATE OF ADOPTION 
ENTRY INTO FORCE:   
BRIEF DESCRIPTION  
Prevention of the Abuse of Intellectual 
Property Rights   
National Public Service Law   
 
(Law No. 120 of 21 October 1947, as last 
amended by Law No. 54 of 31 March 1995)   Entry into force: 1 April 1996 Article 100 of the Law contains provisions 
relating to paragraphs 3 a nd 4 of Article 40 of the 
TRIPS Agreement. 
Act Concerning Prohibition of Private Monopoly 
and Maintenance of Fair Trade (Anti-monopoly  
Act)  
 (Law No. 54 of 14 April 1947, as last amended by Law No. 35 of 27 April 2005)   Entry into force: 4 January 2006 The Act aims at promoting fair and free 
competition. The measures which are provided 
for in paragraph 2 of Article 40 of the TRIPS 
Agreement are implemented by Articles 3 (Prohibition of Private Monopolization and Unreasonable Restraint of Trade), 6 (Prohibition of Particular International Agreement or Contract) and 19 (Prohibition of Unfair Trade 
Practices) of the Act. Supply of information to 
the Member (paragraphs 3 and 4 of Article 40 of the TRIPS Agreement) shall be done within the limits of Article 39 of the Act (Duty of the Personnel of the Fair Trade Commission to 
preserve trade secrets).  
Cabinet Ordinance on Organization of Executive 
Office of Fair Trade Commission   
 
(Cabinet Ordinance No. 373 of 30 August 1952, 
as last amended by Cabinet Ordinance No. 177 of 26 April 2006)   Entry into force: 1 May 2006 Fair Trade Commission is in charge of 
consultations and supply of information (paragraphs 3 and 4 of Article 40 of the TRIPS 
Agreement) based on Article 10 of the 
Ordinance.  
Civil Judicial Procedures and Remedies 
  
The Constitution of Japan  
 Promulgation: 3 November 1946 
 
Entry into force: 3 May 1947  Article 82 of the Constitution provides that the 
judicial procedures shall be open to the public and this provision relates to Article 42 of the 
TRIPS Agreement. 
 
  IP/N/1/JPN/7 
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TITLE 
DATE OF ADOPTION 
ENTRY INTO FORCE:   
BRIEF DESCRIPTION  
Civil Code   
 
(Law No. 89 of 27 April 1896, as last amended by Law No. 73 of 15 June 2006)  Entry into force: The date which shall be fixed by 
a Cabinet Order no later than a year and six 
months from the date of the promulgation of this Law.  Articles 703 and 709 of the Code are general 
provisions of damages, and implement Articles 45 
and 48 of the TRIPS Agreement. 
Code of Civil Procedure  
 
(Law No. 109 of 26 June 1996, as last amended 
by Law No. 102 of 21 October 2005)   Entry into force: 1 October 2007 The Code is the general law on civil procedure 
and Articles 54, 61, 138, 139, 181, 196, 197, 
207, 208, 220, 223, 224, and 232 of the Code 
relate to Articles 42, 43, 45, and 48 of the TRIPS Agreement. 
State Redress Law   
 
(Law No. 125 of 27 October 1947) 
  Entry into force: 27 October 1947   Article 1 of the Law rela tes to paragraph 2 of 
Article 48 of the TRIPS Agreement. 
Provisional Judicial Measures   
Civil Code  
 (Law No. 89 of 27 April 1896, as last amended by 
Law No. 73 of 15 June 2006) 
Entry into force:  The date which shall be fixed by a Cabinet Order no later than a year and six months from the date of the promulgation of this Law. 
 Article 709 of the Code relates to paragraph 7 of 
Article 50 of the TRIPS Agreement. 
Code of Civil Preservative Procedure  
 (Law No. 91 of 22 December 1989, as last amended by Law No. 50 of 2 June 2006)  
Entry into force:  The date which shall be fixed by 
a Cabinet Order no later than two years and six months from 2 June 2006.   Articles 3, 13, 14, 17, 23, 24, 26, 27, 29, and 37 of 
the Code provide the provisional measures and implement Article 50 of the TRIPS Agreement. IP/N/1/JPN/7 
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TITLE 
DATE OF ADOPTION 
ENTRY INTO FORCE:  
BRIEF DESCRIPTION 
Special Requirements related to Border Measures   
Civil Code  
 
(Law No. 89 of 27 April 1896, as last amended by Law No. 73 of 15 June 2006)   Entry into force:  The date which shall be fixed 
by a Cabinet Order no later than a year and six 
months from the date of the promulgation of this Law.   Article 709 of the Code relates to Article 56 of 
the TRIPS Agreement. 
Criminal Procedures 
  
Penal Code  
 (Law No. 45 of 24 April 1907, as last amended by Law No. 36 of 8 May 2006) 
  
Entry into force: 28 May 2006   
 Article 19 of the Code provides that a thing which 
is a constituent element of a criminal act or a thing which has been used or wa s intended to use in the 
commission of a criminal act, etc. may be 
confiscated and this prov ision implements Article 
61 of the TRIPS Agreement. 
Any administrative procedures and remedies 
not covered above  
  
The Constitution of Japan  
 
Promulgation: 3 November 1946   Entry into force: 3 May 1947   Paragraph 2 of Article 37 and paragraphs 2 and 3 
of Article 76 of the Constitution relate to the 
general obligation of enforcement of intellectual property rights provided for in Article 41 of the TRIPS Agreement. 
Code of Civil Procedure  
 
(Law No. 109 of 26 June 1996, as last amended by Law No. 102 of 21 October 2005)   Entry into force: 1 October 2007 The Code is the general law of civil procedure and 
Article 91 of the Code relates to paragraph 4 of 
Article 63 of the TRIPS Agreement, and Articles 180, 181, 202, 247, 253, 255, 281, and 311 of the Code relate to Article 41 of the TRIPS Agreement.  IP/N/1/JPN/7 
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TITLE 
DATE OF ADOPTION 
ENTRY INTO FORCE: 
  
BRIEF DESCRIPTION  
 
Code of Criminal Procedure  
 
(Law No. 131 of 10 July 1948, as last amended by Law No. 36 of 8 May 2006)   Entry into force: 28 May 2006  Articles 43, 44, 46, 293, 297, 298, 304 to 306, 
308, 309, 317, 342, 372, and 405 of Code of 
Criminal Procedure relate to Article 41 of the TRIPS Agreement. 
Law Concerning the Cost of Civil Procedure  
 
(Law No. 40 of 6 April 1971, as last amended by 
Law No. 87 of 26 July 2005)   Entry into force: 1 May 2006    Table No. 1 based on paragraph 1 of Article 3 of 
the Law relates to paragraph 2 of Article 41 of 
the TRIPS Agreement. 
Administrative Litigation Act  
 
(Law No. 139 of 16 May 1962, as last amended by Law No. 102 of 21 October 2005)    Entry into force: 1 October 2007 
 Article 3 of the Act relates to paragraph 4 of 
Article 41 of the TRIPS Agreement. 
Rule of Civil Procedure  
 (Rule No. 5 of the Supreme Court of 17 December 1996, as last amended by Rule No. 2 of the Supreme Court of 8 February 2006) 
 
Entry into force: 1 May 2006  Article 33 of the Rule re lates to paragraph 4 of 
Article 63 of the TRIPS Agreement, and Articles 113, 115, and 157 of the Rule relate to Article 41 of the TRIPS Agreement. 
Rule of Criminal Procedure  
 
(Rule No. 32 of the Supreme Court of 1 December 1948, as last amended by Rule No. 6 of the Supreme Court of 12 May 2006)   
Entry into force: 24 May 2006 Articles 34, 35, 53, 211 and 222 of the Rule 
relate to Article 41 of the TRIPS Agreement. 
 
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