Unfair Competition Prevention Act(Act No. 47 of May 19, 1993)
Table of Contents
Chapter I General Provisions (Articles 1 and 2)
Chapter II Demands for Injunctions and Damages, etc. (Article 3 to Article 15)
Chapter III Acts Prohibited pursuant to International Agreements (Article 16
to Article 18)
Chapter IV Miscellaneous Provisions (Articles 19 and 20)
Chapter V Penal Provisions (Articles 21and 22)
Chapter VI Special Measures for Criminal Proceedings (Article 23 to Article
31)
Supplementary Provisions
Chapter I General Provisions(Purpose)
Article 1 The purpose of this Act is to provide measures, etc. for the preventionof unfair competition and for the compensation of damage caused by unfair
competition, in order to ensure fair competition among business operators andproper implementation of international agreements related thereto, andthereby contribute to the sound development of the national economy.
(Definitions)
Article 2 (1) The term "unfair competition" as used in this Act means any of thefollowing:(i) the act of creating confusion with another person's goods or business byusing an indication of goods or business(meaning a name, trade name,trademark, mark, container or packaging for goods which is connected with aperson's operations, or any other indication of a person's goods or business;the same shall apply hereinafter) that is identical or similar to an indicationof goods or business that is well-known among consumers as that of anotherperson, or by assigning, delivering, displaying for the purpose of assignment
or delivery, exporting, importing or providing through a telecommunications
line goods that uses such an indication;(ii) the act of using an indication of goods or business that is identical orsimilar to another person's famous indication of goods or business as one's
own, or of assigning, delivering, displaying for the purpose of assignment ordelivery, exporting, importing, or providing through a telecommunications

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line goods that use such an indication;(iii) the act of assigning, leasing, displaying for the purpose of assignment orleasing, exporting or importing goods that imitate the configuration ofanother person's goods (excluding configuration that is indispensable for
ensuring the function of said goods);(iv) the act of acquiring a trade secret by theft, fraud, duress, or other wrongfulmeans (hereinafter referred to as an "act of wrongful acquisition"), or the actof using or disclosing (including the disclosure in confidence to a specificperson or persons; the same shall apply hereinafter) a trade secret throughan act of wrongful acquisition;(v) the act of acquiring a trade secret with the knowledge, or with grossnegligence in not knowing, that there has been an intervening act ofwrongful acquisition, or the act of using or disclosing a trade secret so
acquired;(vi) the act of using or disclosing an acquired trade secret after having learned,or having been grossly negligent in not learning, subsequent to its
acquisition, that there has been an intervening act of wrongful acquisition;(vii) the act of using or disclosing a trade secret that has been disclosed by thebusiness operator that owns said trade secret (hereinafter referred to as the"owner") for the purpose of acquiring a wrongful gain, or causing injury tosuch owner;(viii) the act of acquiring a trade secret with the knowledge, or with grossnegligence in not knowing, that such trade secret's disclosure is an act ofimproper disclosure (meaning, in the case prescribed in the preceding item,
the act of disclosing a trade secret for the purpose prescribed in said item, or
the act of disclosing a trade secret in breach of a legal duty to maintainsecrecy; the same shall apply hereinafter) or that there has been anintervening act of improper disclosure with regard to such trade secret, orthe act of using or disclosing a trade secret so acquired;(ix) the act of using or disclosing an acquired trade secret after having learned,or having been grossly negligent in not learning, subsequent to its
acquisition, that such trade secret's disclosure was an act of improper
disclosure or that there has been an intervening act of improper disclosure
with regard to such trade secret;(x) the act of assigning, delivering, displaying for the purpose of assignment ordelivery, exporting, or importing, a device (including a machine thatincorporates such device and a set of parts for such device that can be easily
assembled) with a function that makes it possible to view images, hear sound,or run programs, or record images, sound, or programs (hereinafter referred
to as "to view images, etc." in this item) which are restricted by technologicalrestriction measures that are used for business purposes (excluding2

technological restriction measures used to restrict all but specific persons
from viewing images, hearing sound, or running programs, or recording
images, sound, or programs), by interfering with the effectiveness of suchtechnological restriction measures, or a data storage medium or machine on
which a program with such function (including a combination of such a
program with other programs) has been recorded; or the act of providing a
program with such function over a telecommunications line (if such device orprogram has a combination of functions other than such function, this islimited to an act done in order to provide such a device or program for the
purpose of making it possible to view images, etc. by interfering with theeffectiveness of such technological restriction measures);(xi) the act of assigning, delivering, displaying for the purpose of assignment ordelivery, exporting or importing, other than to specific persons, a device(including a machine that incorporates such device and a set of parts for suchdevice that can be easily assembled) with a function that makes it possible toview images, hear sound, or run programs, or record images, sound, or
programs (hereinafter referred to as "to view images, etc." in this item) which
are restricted by technological restriction measures that are used forbusiness purposes to restrict all but specific persons from viewing images,
hearing sound, or running programs, or recording images, sound, or
programs, by interfering with the effectiveness of such technologicalrestriction measures or a data storage medium or machine on which a
program with such function (including a combination of such a program withother programs) has been recorded; or the act of providing a program withsuch function over a telecommunications line, other than to a specific person(if such device or program has a combination of functions other than suchfunction, this is limited to an act done in order to provide such device orprogram for the purpose of making it possible to view images, etc. byinterfering with the effectiveness of such technological restriction measures);(xii) the act of acquiring or holding a right to use a domain name that is
identical or similar to another person's specific indication of goods or services(meaning a name, trade name, trademark, mark, or any other indication of
goods or services which is connected with a person's operation), or the act ofusing any such domain name, for the purpose of acquiring a wrongful gain or
causing injury to another person;(xiii) the act of making an indication on goods or services, or in an
advertisement thereof or in trade documents, or correspondence, in a waythat is likely to cause a misconception about the place of origin, quality,
contents, manufacturing process, use, or quantity of such goods, or thequality, contents, purpose, or quantity of such services, or the act ofassigning, delivering, displaying for the purpose of assignment or delivery,3

exporting, importing, or providing over a telecommunications line goods so
indicated, or the act of providing services so indicated;(xiv) the act of making or circulating a false allegation that is injurious to thebusiness reputation of another person with which one is in a competitive
relationship;(xv) an act by the agent or representative, or a person who was, within one
year of the date of the act, an agent or representative, of the owner of a rightto a trademark (such right is limited to a right that is equivalent to a
trademark right; hereinafter simply referred to as a "right" in this item) in acountry of the Union established by the Paris Convention (which means theParis Convention as defined in Article 4, paragraph (1), item (ii) of theTrademark 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 without the consent of the owner of such right, whichconstitutes the use of a trademark that is identical or similar to thetrademark under such right on goods or services identical or similar to thoseconnected with such right, which constitutes the assignment, delivery,
display for the purpose of assignment or delivery, export, import or provision
through a telecommunications line of goods that are similar or identical to
the goods connected with that right and on which such trademark has been
used, , or which constitutes the provision of services that are identical orsimilar to the services connected with such right, using such trademark.
(2) The term "trademark" as used in this Act means a trademark as defined in
Article 2, paragraph (1) of the Trademark Act.
(3) The term "mark" as used in this Act means a mark as defined in Article 2,paragraph (1) of the Trademark Act.
(4) The term "configuration of goods" as used in this Act means the external andinternal shape of goods and the pattern, color, gloss, and texture combinedwith such shape, which can be perceived through the human senses by
consumers when ordinary use is made of the goods.
(5) The term "imitate" as used in this Act means the act of creating goods ofpractically identical configuration to that of another person's goods, based on
the configuration of said goods.
(6) The term "trade secret" as used in this Act means technical or businessinformation useful for business activities, such as manufacturing or marketing
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 images from being viewed, sound from being heard, or
programs from being run, or images, sound, or programs from being recorded,by electromagnetic means (meaning electronic means, magnetic means, orother means that cannot be perceived through the human senses), by a means4

of recording or onto a data storage medium along with the image, sound, or
program or transmitting signals to which a viewing machine, etc. (meaning amachine used for viewing images, hearing sound, or running programs, orrecording images, sound, or programs; the same shall apply hereinafter) has a
specific reaction, or by a means of converting images, sound, or programs andrecording on a data storage device or transmitting them, in a way that requires
a specific conversion by the viewing machine, etc.
(8) The term "program" as used in this Act means a set of instructions to acomputer so that a specific result can be obtained.
(9) The term "domain name" as used in this Act means letters, numbers, signs, orother symbols or combination thereof that correspond to the combination of
numbers, signs, letters assigned to identify individual computers on theInternet.
(10) The term "articles" as used in this Act includes programs.
Chapter II Demands for Injunction, Damages, etc.
(Right to demand an injunction)
Article 3 (1) A person whose business interests have been infringed or are likely
to be infringed due to unfair competition may make a demand to suspend or
prevent that infringement, against the person that infringed or is likely to
infringe such business interests.
(2) When making the demand under the preceding paragraph, the person whosebusiness interests have been infringed or are likely to be infringed due to
unfair competition may demand the destruction of articles that gave rise to theact of infringement (including articles created through the act of infringement;
the same shall apply in Article 5 (1)), removal of equipment used for the act of
infringement, or other action required for suspending or preventing theinfringement.
(Damages)
Article 4 A person who intentionally or negligently infringes on the businessinterests of another person through unfair competition is liable to compensate
damages resulting therefrom; provided, however, that this Article does not
apply to damages resulting from the act of using a trade secret after the rights
prescribed in Article 15 have extinguished pursuant to said Article.
(Presumption of the amount of damage, etc.)
Article 5 (1) When a person whose business interests have been infringed due tothe unfair competition listed in Article 2, paragraph (1), items (i) to (ix) or (xv)(with regard to the unfair competition listed in items (iv) to (ix) of the same5

paragraph, only unfair competition that involves a technical secret (meaning a
manufacturing method or other technical information useful for businessactivities, which is kept secret and not publicly known)) (hereinafter referred
to as the "infringed party" in this paragraph) claims compensation for thedamages suffered by it due to such infringement, from a person who has
intentionally or negligently infringed such business interests, if the infringer
has transferred articles that gave rise to the act of infringement, the quantityof the articles transferred (hereinafter referred to as the "number transferred"in this paragraph) multiplied by the amount of profit per unit of the articles
that the infringed party could have sold in the absence of the act of
infringement may be fixed as the amount of damages suffered by the infringed
party, within the limits of an amount proportionate to the infringed party's
ability to sell or conduct other acts concerning said articles; provided, however,that if there are circumstances that would have prevented the infringed party
from selling a number of articles equivalent to all or part of the number
transferred, an amount proportionate to the number of articles corresponding
to such circumstances is deducted.
(2) When a person whose business interests have been infringed due to unfair
competition claims compensation for damages suffered by it from a person who
intentionally or negligently infringed such business interests, if such person
has earned a profit through the act of infringement, such amount of profit ispresumed to be the amount of damages that the person whose businessinterests were infringed has suffered.
(3) A person whose business interests have been infringed due to the unfair
competition listed in Article 2, paragraph (1), items (i) to (ix), (xii) or (xv) may
claim compensation against a person who has intentionally or negligently
infringed such business interests, in an amount equivalent to the amount ofmoney that the infringed party should have been entitled to receive for the act
prescribed in the relevant of the following items for the classification of unfair
competition listed therein, as the amount of damages suffered by the infringed
party:(i) unfair competition listed in Article 2, paragraph (1), items (i) or (ii) - use of
an indication of goods or services pertaining to such infringement;(ii) unfair competition listed in Article 2, paragraph (1), item (iii) - use of aconfiguration of goods pertaining to such infringement;(iii) unfair competition listed in Article 2, paragraph (1), items (iv) to (ix) - useof a trade secret pertaining to such infringement;(iv) unfair competition listed in Article 2, paragraph (1), item (xii) - use of adomain name pertaining to such infringement; and(v) unfair competition listed in Article 2, paragraph (1), item (xv) - use of a
trademark pertaining to such infringement.
6(4) The provisions of the preceding paragraph do not preclude a claim forcompensation of damages exceeding the amount prescribed in that paragraph.
In such a case, if the person who infringed such business interests did not do so
intentionally or through gross negligence, the court may take this into
consideration in determining the amount of damages to be compensated.
(Duty to clarify specific circumstances)
Article 6 In litigation involving the infringement of business interests throughunfair competition, if the opponent denies the specific circumstances of thearticle or process which is being asserted, by the person alleging that his/herbusiness interests have been infringed or are likely to be infringed by unfair
competition, to have given rise to an act of infringement, the opponent mustclarify the specific circumstances of his/her own actions; provided, however,that this does not apply when the opponent has reasonable grounds for not
being able to clarify this.
(Submission of documents, etc.)
Article 7 (1) In litigation involving the infringement of business interests due to
unfair competition, the court may, at the motion of a party, order a party tosubmit any documents necessary for proving the act of infringement orassessing the amount of damages caused by such act of infringement; provided,
however, that this does not apply when the holder of the documents has
justifiable grounds for refusing to submit them.
(2) If the court finds it necessary for determining the presence of the justifiablegrounds prescribed in the proviso to the preceding paragraph, it may require
the holder of the documents to present said documents. In such a case, no
person may request disclosure of the presented documents.
(3) In a case under the preceding paragraph, if the court finds it necessary todisclose the documents prescribed in the second sentence of the preceding
paragraph and to hear opinions with regard to whether the justifiable grounds
set forth in the proviso to paragraph (1) are present, the court may disclose
said documents to the parties, etc. (meaning the parties (or if a party is a
corporation, its representative) or the parties' agents (excluding counsel orassistants in court), employees, or other workers; the same shall apply
hereinafter), their counsel, or their assistants in court.
(4) The provisions of the preceding three paragraphs shall apply mutatis
mutandis to the presentation of the object of any observation that is necessary
for proving the relevant act of infringement in litigation involving theinfringement of business interests due to unfair competition.
(Expert opinion for calculation of damages)
7Article 8 In litigation involving the infringement of business interests due to
unfair competition, if the court, at the motion of a party, orders an expert
opinion on the matters necessary for calculating the damages caused by the actof infringement, the parties shall explain the matters necessary for forming anexpert opinion to the expert witness.
(Determination of reasonable damages)
Article 9 In litigation involving the infringement of business interests due to
unfair competition, if it is found that damage has been suffered but it isextremely difficult to prove the facts necessary for proving the amount ofdamage due to the nature of said facts, the court may determine a reasonableamount of damage based on the entire import of oral argument and the resultsof the examination of evidence.
(Protective orders)
Article 10 (1) In litigation involving the infringement of business interests due
to unfair competition, if a prima facie showing has been made that a trade
secret held by a party to the litigation falls under both of the following grounds,
the court may, at the motion of the party and by means of a ruling, order aparty, etc., counsel, or an assistant in court not to use the trade secret for any
purpose other than in conducting the litigation, nor to disclose it to a person
other than a person subject to the order under this paragraph which involves
said trade secret; provided, however, that this does not apply if the party, etc.,
counsel, or assistant in court had already acquired or held the trade secret bymeans other than the reading of the brief prescribed in item (i) or theexamination or disclosure of evidence prescribed in the same item:(i) the trade secret held by the party is written in an already-submitted or a tobe-submitted brief, or included in the contents of already-examined or to-beexamined evidence (including documents disclosed pursuant to Article 7,paragraph (3) or a document disclosed pursuant to Article 13, paragraph (4));and(ii) the party's business activities that are based on the trade secret under thepreceding item are likely to become hindered by the use of said trade secretfor purposes other than conducting the litigation or by its disclosure, and itis necessary to restrict the use or disclosure of said trade secret in order toprevent this.
(2) A motion for the order prescribed in the preceding paragraph (hereinafterreferred to as the "protective order") must be made in writing and include thefollowing matters:(i) the person against whom the protective order would be issued;(ii) facts that are sufficient for identifying the trade secret that would be made8the subject of the protective order; and(iii) facts that fall within the grounds listed in the respective items of thepreceding paragraph.
(3) When issuing a protective order, the court shall serve a written ruling on the
person against whom the protective order has been issued.
(4) A protective order takes effect when a written ruling is served on the person
against whom the protective order has been issued.
(5) If the court dismisses a motion for a protective order, the party may lodge an
immediate appeal against the judicial decision.
(Rescission of a protective order)
Article 11 (1) A person who filed a motion for a protective order or a person
against whom a protective order has been issued may file a motion to rescind
the protective order with the court where the case record is kept (when no suchcourt exists, the court that issued the protective order) on the grounds that arequirement prescribed in the preceding Article, paragraph (1) has not been
met or is no longer being met.
(2) When the court makes a judicial decision on a motion to rescind a protective
order, it shall serve a written ruling on the person who filed the motion and theopponent.
(3) An immediate appeal may be lodged against a judicial decision on the motion
to rescind a protective order.
(4) A judicial decision to rescind a protective order does not take effect until it
becomes final and binding.
(5) If a court has made a judicial decision rescinding a protective order, and,during the same litigation in which the protective order was issued, aprotective order for the protection of the same trade secret was issued against
any person other than the person who filed the motion for the rescission of theprotective order or the opponent, the court shall immediately notify that
person of the judicial decision rescinding the protective order.
(Notice, etc. of a request to inspect, etc. the case record)
Article 12 (1) If a court has made a ruling under Article 92, paragraph (1) of theCode of Civil Procedure (Act No. 109 of 1996) with regard to the case record inlitigation in which a protective order has been issued (excluding litigation inwhich all the protective orders have been rescinded), and a party has requested
to inspect, etc. a portion of the record that contains the secret prescribed in thesame paragraph, if the person who followed the procedures for making such
request has not had a protective order issued against him/her in the litigation,
the court clerk shall, immediately after the request has been made, notify the
party who filed the motion under the same paragraph (excluding the person
9making said request; the same shall apply in paragraph 3) of the fact that sucha request has been made.
(2) In a case referred to in the preceding paragraph, the court clerk must notallow the party who followed the procedures for making the request under thesame paragraph to inspect, etc. the portion of the record that contains thesecret under the same paragraph until two weeks have passed since the date of
the request (if a motion is filed for a protective order against the person who
followed the procedures for making the request on or before such date, until
the date on which the judicial decision on the motion becomes final andbinding).
(3) The provisions of the preceding two paragraphs shall not apply when there isconsent among all parties who have filed a motion under Article 92, paragraph(1) of the Code of Civil Procedure to allow the party who has made the request
under paragraph (1) to inspect, etc. the portion of the record that contains thesecret.
(Suspension of the open examination of the parties)
Article 13 (1) In litigation involving the infringement of business interests due
to unfair competition, if a party, etc. is to be examined as a party to the case,statutory agent, or witness with regard to a matter that serves as the basis fordetermining the presence or absence of the infringement and falls under atrade secret held by the party, and if the court, by the unanimous consent of
the judges, finds that the party, etc. is unable to give a sufficient statement
regarding the matter because it is clear that giving a statement regarding thematter in open court would significantly hinder the party's business activities
that are based on the trade secret, and that, without said statement by the
party, etc., the court will be unable to make the appropriate judicial decisionfrom other evidence only on the presence or absence of infringement ofbusiness interests due to unfair competition which should be made based on
the determination of said matter, the court may, by ruling, conduct a public
examination on the matter without opening it to the public.
(2) The court shall hear the opinions of the parties, etc. before making the rulingunder the preceding paragraph.
(3) In a case under the preceding paragraph, if the court finds it necessary, it
may order a party, etc. to present a document that outlines the matters to bestated. In such a case, no person may request disclosure of the presented
document.
(4) If the court finds it necessary to disclose the documents under the second
sentence of the preceding paragraph and to hear the opinions of the parties,
etc., the counsel, or the assistant in court, the court may disclose the document
to such person.
10(5) If the court will conduct an examination on a matter without opening it to the
public pursuant to the provisions of paragraph (1), it shall make a statement tothat effect along with the reason therefor to the members of the public before
having them leave the courtroom. When the examination on the matter ends,
the court shall allow the members of the public to reenter the courtroom.
(Measures to restore business reputation)
Article 14 At the request of a person whose business reputation has been injured,
the court may order the person who has intentionally or negligently engaged in
unfair competition and thereby injured the business reputation of that person
to take the necessary measures for restoring the business reputation of that
person, in lieu of or in addition to compensation for damages.
(Extinctive prescription)
Article 15 The right to demand the suspension or prevention of infringement
under the provisions of Article 3, paragraph (1), against an act of unfair
competition listed in Article 2, paragraph (1), items (iv) to (ix) which involves
the act of using a trade secret, is extinguished by prescription if the person
committing such an act commits such act continuously and the holder of suchright whose business interests have been infringed or are likely to be infringed
by such act does not exercise this right within three years of learning of suchfact and learning of the person committing such act. The same shall apply
when ten years have elapsed from the time such act began.
Chapter III Acts Prohibited pursuant to International Agreement(Prohibition on the commercial use of a foreign state's national flag, etc.)
Article 16 (1) No person shall use, as a trademark, anything that is identical orsimilar to a foreign state's national flag, armorial bearing, or any otheremblem specified by Ordinance of the Ministry of Economy, Trade and Industry(hereinafter referred to as a "foreign state's national flag, etc.") (such identicalor similar thing is hereinafter referred to as an "emblem similar to a foreignstate's national flag, etc."), nor shall any person assign, deliver, display for the
purpose of assignment or delivery, export, import, or provide through atelecommunications line goods that use an insignia similar to a foreign state's
national flag, etc. as their trademark, or provide services while using anemblem similar to a foreign state's national flag, etc. as a trademark; provided,
however, that this shall not apply when permission has been obtained from thegovernment agency of the foreign state that is authorized to grant permission(including an administrative disposition similar to permission; the same shallapply hereinafter) for use of the foreign state's national flag, etc.
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(2) In addition to what is prescribed in the preceding paragraph, no person shalluse the foreign state's national armorial bearings specified by Ordinance of the
Ministry of Economy, Trade and Industry which is referred to in the preceding
paragraph (hereinafter referred to as the "armorial bearings of a foreign state")in a manner that is likely to cause a misconception as to the place of origin ofgoods, nor shall any person assign, deliver, display for the purpose of
assignment or delivery, export, import or provide through atelecommunications line, goods that use the armorial bearings of a foreignstate or provide services while using the armorial bearings of a foreign state insuch manner; provided, however, this shall not apply when permission has
been obtained from the government agency of the foreign state that is
authorized to grant permission to use the armorial bearings of a foreign state.
(3) No person shall use anything that is identical or similar to the seal or signthat the national or local government of a foreign state uses for control or
certification purposes which is specified by Ordinance of the Ministry of
Economy, Trade and Industry (hereinafter referred to as the "sign of a foreign
national government, etc.") (such identical or similar thing is hereinafterreferred to as a "sign similar to that of a foreign national government, etc.") asa trademark on goods or for services that are identical or similar to goods orservices for which such sign of a foreign national government, etc. is used, nor
assign, deliver, display for the purpose of assignment or delivery, export,
import or provide through a telecommunications line, goods that use a sign
similar to that of a foreign national government, etc. as their trademark or
provide services while using a sign similar to that of a foreign national
government, etc. as a trademark; provided, however, that this shall not apply
when permission has been obtained from the government agency of the foreignstate that is authorized to grant permission for use of the sign of a foreign
national government, etc.
(Prohibition of commercial use of the mark of an international organization)
Article 17 No person shall use anything that is identical or similar to a markrepresenting an international organization (meaning an intergovernmental
international organization or an equivalent organization specified by
Ordinance of the Ministry of Economy, Trade and Industry; the same shallapply hereinafter in this Article) which is specified by Ordinance of the
Ministry of Economy, Trade and Industry (such identical or similar thing ishereinafter referred to as a "mark similar to that of an internationalorganization") as a trademark, in a manner which is likely to cause a
misconception as to the existence of a relationship with that internationalorganization, nor assign, deliver, display for the purpose of assignment ordelivery, export, import or provide through a telecommunications line, goods
12that use a mark similar to that of an international organization as theirtrademark or provide services while using a mark similar to that of aninternational organization as a trademark, in such a manner; provided,
however, that this shall not apply when the permission of such internationalorganization has been obtained.
(Prohibition against wrongfully benefitting, etc. a foreign public official, etc.)
Article 18 (1) No person shall give, or offer or promise to give, any money orother benefit to a foreign public officer, etc. for the purpose of having theforeign public officer, etc. act or refrain from acting in a particular way inconnection with his/her duties, or having the foreign public officer, etc. use
his/her position to influence another foreign public officer to act or refrain fromacting in a particular way in relation to the duties of that foreign public officer
etc., in order to obtain a wrongful gain in business with regard to internationalcommercial transactions.
(2) The term "foreign public officer, etc." as used in the preceding paragraphmeans any of the following:(i) a person engaged in public service for the national or local government of aforeign state;(ii) a person engaged in the business affairs of an entity established under aspecial foreign law to carry out specific business affairs in the public
interest;(iii) a person engaged in the business affairs of an enterprise in which one ormore of the national or local governments of foreign states directly owns anumber of voting shares or an amount of capital subscription that exceeds 50
percent of that enterprise's total issued voting shares or total amount ofsubscribed capital, or in which the majority of the officers (meaning directors,
auditors, council members, inspectors, liquidators, and other persons
engaged in management of the business) are appointed or designated by one
or more of the national or local governments of the foreign states, and towhich special rights and interests are granted by the national or local
government of the foreign states for performance of its business, or a person
specified by a Cabinet Order as an equivalent person;(iv) a person engaged in public service for an international organization(meaning an international organization formed by governments orintergovernmental international organizations); or(v) a person engaged in the business affairs under the authority of the nationalor local government of a foreign state or an international organization, whichhave been delegated to such person by such organization.
Chapter IV Miscellaneous Provisions
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(Exclusion from application, etc.)
Article 19 (1) The provisions of Articles 3 to 15, Article 21 (excluding the part
pertaining to Article 21, paragraph (2), item (vii)), and Article 22 shall not
apply to the acts prescribed in each of the following items for the classificationof unfair competition listed in the relevant item:(i) unfair competition listed in Article 2, paragraph (1), items (i), (ii), (xiii), and(xv): the act of using or indicating a generic term 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 generic term) or an indication of
goods or business that is in common usage for identical or similar goods orbusiness (hereinafter collectively referred to as a "generic term, etc.") in theway that this is normally done, or the act of assigning, delivering, displaying
for the purpose of assignment or delivery, exporting, importing, or providing
through a telecommunications line, goods that use or indicate a generic namein the way that this is normally done (including the act of providing services
while indicating or using a generic term, etc. in the way that this is normallydone, in the case of unfair competition listed in items (xiii) and (xv) of thesame paragraph);(ii) unfair competition listed in Article 2, paragraph (1), items (i), (ii), and (xv):the act of using one's own name with no wrongful purpose (meaning the
purpose of acquiring a wrongful gain, the purpose of causing damage toothers, or any other wrongful purpose; the same shall apply hereinafter), or
the act of assigning, delivering, displaying for the purpose of assignment ordelivery, exporting, importing, or providing through a telecommunications
line goods that use one's own name with no wrongful purpose (including an
act of providing services while using one's own name with no wrongful
purpose, in the case of unfair competition listed in the same item);(iii) unfair competition listed in Article 2, paragraph (1), item (i): the act of aperson who has used an indication of goods or business that is identical orsimilar to another person's indication of goods or business, since before said
other person's indication of goods or business became well-known among
consumers, or of a person who has succeeded to a business connected withsuch indication of goods or business, in using such indication of goods orbusiness with no wrongful purpose, or in assigning, delivering, displaying forthe purpose of assignment or delivery, exporting, importing, or providing
through a telecommunications line goods that use such indication of goods orbusiness with no wrongful purpose;(iv) unfair competition listed in Article 2, paragraph (1), item (ii) - the act of aperson who has used an indication of goods or business that is identical orsimilar to another person's indication of goods or business, since before said14other person's indication of goods or business became famous, or of a person
who has succeeded to a business connected with such indication of goods orbusiness, in using such indication of goods or business with no wrongful
purpose, or in assigning, delivering, displaying for the purpose of assignment
or delivery, exporting, importing, or providing through a telecommunications
line goods that use such indication of goods or business with no wrongful
purpose;(v) unfair competition listed in Article 2, paragraph (1), item (iii): any of thefollowing acts:(a) the act of assigning, leasing, displaying for the purpose of assignment orlease, exporting or importing goods that imitate the configuration of goods
for which three years have elapsed since the date they were first sold inJapan; or(b) the act of a person who has received goods that imitate the configurationof another person's goods by assignment (limited to a person who, at thetime of receiving such goods by assignment, was without knowledge thatthe goods imitated the configuration of another person's goods, and waswithout gross negligence in not knowing this) in assigning, leasing,displaying for the purpose of assignment or lease, exporting, or importing
such goods;(vi) unfair competition listed in Article 2, paragraph (1), item (iv) to (ix) - theact 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, waswithout knowledge that the disclosure of the trade secret was an act ofimproper disclosure or that there had been an intervening act of wrongfulacquisition or act of improper disclosure with regard to that trade secret, andwas without gross negligence in not knowing this), in using or disclosing thetrade secret within the scope of authority acquired through such transaction;(vii) unfair competition listed in Article 2, paragraph (1), item (x) and (xi) - theact of assigning, delivering, displaying, exporting, importing or providing
through a telecommunications line, a device prescribed in Article 2,paragraph (1), item (x) and (xi) or data storage medium or machine on whicha program prescribed in the same items has been recorded, which is used fortesting or research in technological restriction measures,.
(2) A person whose business interests have been infringed or are likely to be
infringed through any of the acts listed in item (ii) or (iii) of the preceding
paragraph may request the person specified in each of the following items forthe classification of acts listed in the relevant item, to use an appropriate
indication in order to prevent confusion with his/her goods or business:(i) acts listed in item (ii) of the preceding paragraph: the person using his/her
own name (including the person who personally assigns, delivers, displays
15

such goods for the purpose of assignment or delivery, exports such goods,
imports such goods, or provides such goods through a telecommunications
line goods that use his/her own name); or(ii) acts listed in item (iii) of the preceding paragraph: the person using theindication of goods or business that is identical or similar to the otherperson's indication of goods or business, and the person who has succeeded toa business connected to such indication of goods or business (including theperson who personally assigns, delivers, displays for the purpose of
assignment or delivery, exports, imports or provides through atelecommunications line, goods that use such indication of goods or business).
(Transitional measures)
Article 20 If a Cabinet Order or an Ordinance of the Ministry of Economy, Tradeand Industry pursuant to the provisions of this Act is enacted, revised, or
abolished, such order or ordinance may, to the extent deemed reasonably
necessary for such enactment, revision or abolition, specify required
transitional measures (including transitional measures concerning penal
provisions).
Chapter V Penal Provisions(Penal Provisions)
Article 21 (1) A person who falls under any of the following items shall bepunished 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 through an act of fraud, etc. (meaning
the act of deceiving, assaulting, or intimidating a person; the same shallapply hereinafter in this Article) or through the usurpation of control(meaning the act of stealing property, trespassing on a facility, making
unauthorized access (meaning the act of unauthorized access prescribed in
Article 3 of the Unauthorized Computer Access Act (Act No. 128 of 1999)), orin any other way prejudicing the control that the owner of a trade secretmaintains; the same shall apply hereinafter in this Article) for the purpose of
acquiring a wrongful gain or causing injury to such owner;(ii) a person who uses or discloses a trade secret acquired through an act offraud, etc. or through the usurpation of control, for the purpose of acquiringa wrongful gain or causing injury to such owner;(iii) a person to whom the owner of a trade secret has revealed the trade secret,and who, for the purpose of acquiring a wrongful gain or causing injury tosuch owner, obtains the trade secret by any of the following means, in breachof the duty pertaining to the control of the trade secret:16

(a) embezzling a medium containing a trade secret, etc. (meaning a document,a drawing, or a data storage medium in which a trade secret is described orrecorded; the same shall apply hereinafter in this item) or a property that
represents a trade secret;(b) reproducing a description or a record from a medium containing a trade
secret, etc., or a property that represents a trade secret;(c) not deleting a description or a record that should be deleted from a
medium containing a trade secret, etc., and disguising this act as if thedescription or record in the medium containing the trade secret, etc. had
been deleted.
(iv) a person to whom the owner of a trade secret has revealed such trade
secret and who, for the purpose of acquiring a wrongful gain or causing
injury to such owner, uses or discloses a trade secret obtained through themeans set forth in "a" to "c" of the preceding item, in breach of the duty
pertaining to the control of the trade secret(v) a person who is the officer (meaning a council member, director, executive
officer, executive member, inspector or auditor, or other equivalent person;
the same shall apply in the following item) or employee of the owner of a
trade secret, to whom the owner has revealed the trade secret and who, forthe purpose of acquiring a wrongful gain or causing injury to such owner,
uses or discloses such trade secret, in breach of the duty pertaining to thecontrol of the trade secret (other than a person prescribed in the precedingitem);(vi) a person who is the officer or employee of the owner of a trade secret, towhom the owner has revealed the trade secret and who, for the purpose of
acquiring a wrongful gain or causing injury to such owner, offers to disclosesuch trade secret, or receives a request to use or disclose such trade secretwhile at that job in breach of the duty pertaining to the control of the trade
secret, and uses or discloses it after leaving that job (other than a personprescribed in item (iv))(vii) a person who, for the purpose of acquiring a wrongful gain or causing
injury to such owner, uses or discloses a trade secret acquired by a disclosurethat constitutes an offence prescribed in item (ii) or the preceding three
items(2) A 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 Article 2, paragraph (1), item (i) or (xiii);(ii) a person who, for the purpose of acquiring a wrongful gain through the useof the reputation or fame of another person's famous indication of goods or17

business or for the purpose of injuring said reputation or fame, commits any
act of unfair competition listed in Article 2, paragraph (1), item (ii);(iii) a person who, for the purpose of acquiring a wrongful gain, commits any
act of unfair competition listed in Article 2, paragraph (1), item (iii);(iv) a person who, for the purpose of acquiring a wrongful gain or for the
purpose of inflicting a loss on another person who is using technologicalrestriction measures in his/her business, commits any act of unfair
competition listed in Article 2, paragraph (1), item (x) or (xi);(v) a person who makes a false representation on goods or services or in an
advertisement thereof or in trade documents, or correspondence, that is
likely to cause a misconception 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 (other than a personprescribed in item (i));(vi) a person who violates a protective order; or(vii) a person who violates any provision of Articles 16, 17, or 18, paragraph (1).
(3) The offenses prescribed in paragraph (1) and item 6 of the preceding
paragraph may not be prosecuted without a complaint.
(4) The offenses prescribed in paragraph (1), item (ii) and (iv) to (vii) shall also
apply to a person who has committed such offense outside Japan in connection
with a trade secret that was under control within Japan at the time of the actof fraud, etc. or the usurpation of control, or at the time the trade secret was
revealed by its owner.
(5) The offense prescribed in paragraph (2), item (vi) shall also apply to a person
who has committed such offense outside Japan.
(6) The offense prescribed in paragraph (2), item (vii) (limited to the part
pertaining to Article 18, paragraph (1)) shall be governed by Article 3 of thePenal Code (Act No. 45 of 1907).
(7) The provisions of paragraphs (1) and (2) shall not preclude application ofpenal provisions under the Penal Code or any other Act.
Article 22 (1) When the representative of a juridical person or the agent,employee, or other worker of a juridical person or individual has committed theviolation prescribed in any of the provisions of paragraph (1), items (i), (ii), or(vii), or paragraph (2) of the preceding Article with regard to the business of
said juridical person or said individual, in addition to the offender being
subject to punishment, said juridical person shall be punished by a fine of not
more than three hundred million yen, and said individual shall be punished by
the fine prescribed in the relevant Article:(2) In a case referred to in the preceding paragraph, a complaint filed against theoffender for an offense prescribed in paragraph (1), item (i), (ii), or (vii) or
18

paragraph (2), item (vi) of the preceding Article is also effective against thejuridical person or the individual, and a complaint filed against the juridical
person or the individual is also effective against said offender.
(3) The period of prescription for the punishment by fine to which a judicial
person or individual is subject pursuant to the provisions of paragraph (1) inregard to an act of violation under paragraph 1, item (i), (ii), or (vii) or
paragraph 2 of the preceding Article is the same as that for the offenses
prescribed in the provisions of the preceding Article.
Chapter VI Special Measures for Criminal Proceedings(Protective rulings for trade secrets, etc.)
Article 23 (1) When the court is handling a case involving a crime prescribed in
Article 21, paragraph (1) or a crime prescribed in paragraph (1) of thepreceding Article (limited to the part pertaining to Article 21, paragraph (1),item (i), (ii), and (vii)), and the victim, the victim's statutory agent, or theattorney entrusted by either of these persons files a petition not to reveal amatter in open court that would allow the identification of all or part of theinformation that constitutes the trade secret pertaining to the case, if the court
finds it to be appropriate upon hearing the opinions of the accused or defense
counsel, the court may set the scope for this, and rule that such matters will
not be revealed in open court.
(2) The petition referred to in the preceding paragraph must be made to the
public prosecutor in advance. In such case, the public prosecutor shall notify
the court of this, together with the prosecutor's opinion.
(3) When the court is handling a case prescribed in paragraph (1) and the publicprosecutor, the accused, or defense counsel files a petition not to reveal amatter in open court that would allow all or part of the information that
constitutes a trade secret held by the accused or other persons to be identified,
if the court finds that the matter is indispensable as proof of the offense or forthe defense of the accused but that there is a risk that revealing the matter inopen court would significantly hinder the accused's or other persons' businessactivities that are based on the trade secret, and if the court finds it to beappropriate upon hearing the opinions of the opponent, the court may set thescope for this, and rule that such matters will not be revealed in open court.
(4) If the court has made a ruling prescribed in paragraph (1) or the preceding
paragraph (hereinafter referred to as a "protective ruling"), and the court finds
it to be necessary, upon hearing the opinions of the public prosecutor and theaccused or defense counsel, the court may decide, in a ruling, on a term ofaddress or other expression to use in lieu of the name or other expression forthe matter that allows the constituent information of a trade secret to be19

identified ("matter that allows the constituent information of a trade secret tobe identified" means a matter that allows all or part of the information that
constitutes a trade secret to be identified, which will not be revealed in open
court pursuant to a protective ruling; the same shall apply hereinafter).
(5) If the court has issued a protective ruling but has come to find that it isinappropriate for the matter that allows the constituent information of a trade
secret to be identified not to be revealed in open court, or the case has ceased
to be a case prescribed in paragraph (1) because applicable penal statutes havebeen withdrawn or altered pursuant to Article 312 of the Code of Criminal
Procedure (Act No. 131 of 1948), the court shall rescind, in a ruling, the wholeor part of the protective ruling and the whole or part of the ruling prescribed in
the preceding paragraph (hereinafter referred to as a "ruling on a term ofaddress, etc.") pertaining to such protective ruling.
(Special provisions on the manner of reading out the charging sheet)
Article 24 If a protective ruling has been issued, the charging sheet must be readout under Article 291, paragraph (1) of the Code of Criminal Procedure in amanner that does not reveal the matter that allows the constituent informationof a trade secret to be identified. In this case, the public prosecutor shall show
the charge sheet to the accused.
(Limiting examinations, etc.)
Article 25 (1) If a protective ruling has been issued and examinations orstatements by persons concerned in the case include the matter that allows theconstituent information of a trade secret to be identified, unless limiting suchexaminations or statements could materially interfere with proof of the offense
or could be substantially detrimental to the defense of the accused, thepresiding judge may limit such questions or statements. The same shall apply
to questions for the accused by persons concerned in the case.
(2) The provisions of Article 295, paragraphs (4) and (5) of the Code of Criminal
Procedure shall apply mutatis mutandis when the public prosecutor or
attorney-at-law defense counsel has failed to obey an order pursuant to theprovisions of the preceding paragraph.
(Examination of witnesses, etc. on a day other than a trial date)
Article 26 (1) When the court has issued a protective ruling, if the court
examines a witness, expert witness, interpreter, or translator, or if the accused
makes a statement voluntarily, and, upon hearing the opinions of the publicprosecutor and the accused or defense counsel, the court finds that there is arisk that examinations or statements of the witness, the expert witness, theinterpreter, or the translator, or questions for the accused or statements of the20

accused will include a matter that allows the constituent information of a trade
secret to be identified and that revealing such matter in open court would
significantly hinder the victim's, accused's, or other persons' business activities
that are based on the trade secret, and the court finds that doing so isunavoidable in order to prevent such risk, the court may conduct theexamination or the proceedings for asking the accused questions provided in
Article 311 (2) and (3) of the Code of Criminal Procedure on a day other than atrial date.
(2) The provisions of Article 157, paragraphs (1) and (2), Article 158, paragraphs(2) and (3), Article 159, paragraph (1), Article 273, paragraph (2), Article 274
and Article 303 of the Code of Criminal Procedure shall apply mutatis
mutandis to the proceedings for asking the statement of the accused's pursuant
to the provisions of the preceding paragraph. In this case, the phrase "theaccused or defense counsel" in Article 157, paragraph (1), Article 158,
paragraph (3) and Article 159, paragraph (1) of the Code of Criminal Procedure
is deemed to be replaced with "defense counsel, the co-defendants, or theirdefense counsel"; "the accused and defense counsel" in Article 158, paragraph(2) of said Code is deemed to be replaced with "defense counsel, the codefendants, and their defense counsel"; "the trial date" in Article 273,
paragraph (2) of said Code is deemed to be replaced with "the date of theproceedings for asking the statement of the accused pursuant to the provisionsof Article 26, paragraph (1) of the Unfair Competition Prevention Act"; "thetrial date" in Article 274 of said Code is deemed to be replaced with "the date,time, and location of the proceedings for asking the statement of the accused
pursuant to the provisions of Article 26, paragraph (1) of the Unfair
Competition Prevention Act"; "documents which contain the results of theexamination of witnesses or other persons, inspections, seizure or search, andobjects seized" in Article 303 of said Code is deemed to be replaced with"documents which contain the results of the proceedings for asking thestatement of the accused pursuant to the provisions of Article 26, paragraph(1) of the Unfair Competition Prevention Act"; and "documentary or material
evidence" in the same Article is deemed to be replaced with the "documentary
evidence".
(Order to produce or show a document that outlines the matters for examining,etc.)
Article 27 If the court finds it to be necessary in issuing a ruling on a term ofaddress, etc. or in deciding that the examination or the proceedings for asking
the statement of the accused will be conducted on a day other than a trial datepursuant to the provisions of the preceding Article, paragraph (1), the court
may order the public prosecutor and the accused or defense counsel to produce21

a document that outlines the matters involved in the examining or statements
to be made by the persons concerned in the case or the statement the accused
will be asked to give.
(Special provisions on the manner of reading out documentary evidence)
Article 28 If a protective ruling has been issued, the documentary evidence must
be read out as under the provisions of Article 305 paragraph (1) or (2) of theCode of Criminal Procedure in a manner that does not reveal a matter thatallows the constituent information of a trade secret to be identified.
(Rulings in pretrial conference procedures, etc.)
Article 29 The following actions may be taken in pretrial conference procedures
and the interim conference procedures:(i) A protective ruling, a ruling on a term of address, etc., or a ruling rescinding
these rulings; or(ii) A determination that the examination or the proceedings for asking thestatement of the accused will be conducted on a day other than a trial datepursuant to the provisions of Article 26, paragraph (1).
(Request for protective handling of a trade secret in the disclosure of evidence)
Article 30 (1) If the public prosecutor or defense counsel finds that, in providing
an opportunity to inspect documents or articles of evidence pursuant to theprovisions of Article 299, paragraph (1) of the Code of Criminal Procedure in acase prescribed in Article 23, paragraph (1), there is a risk that revealing amatter that allows all or part of the information that constitutes a trade secret
to be identified as prescribed in Article 23, paragraph (1) or (3) would
significantly hinder the victim's, accused's, or other persons' business activities
that are based on the trade secret, the public prosecutor or defense counsel
may notify the opponent of this risk and request that the opportunity beprovided in such a way that the parties concerned (including the accused) do
not learn of such matters, unless such matters are necessary for proving theoffense or investigating the offense, or for the defense of the accused; provided,
however, that for a request that the opportunity be provided in such a way thatthe accused does not learn of such matters, this is limited solely to mattersthat are not written in the charging sheet.
(2) The provisions of the preceding paragraph shall apply mutatis mutandis
when the public prosecutor or defense counsel discloses evidence pursuant to
the provisions of Part II, Chapter III, Section 2, Subsection 1, Division 2 of theCode of Criminal Procedure (including as applied mutatis mutandis pursuant
to the provisions of Article 316-28, paragraph (2) of said Code).

22

(Delegation to Supreme Court Rules)
Article 31 Beyond what is provided for in this Act, necessary matters concerning
the enforcement of the provisions of Articles 23 to the preceding Article shallbe specified by Supreme Court Rules.
Supplementary Provisions [Extract] [Extract](Effective date)
Article 1 This Act shall come into effect on the day specified by Cabinet Order,
within a period not exceeding one year from the day of its promulgation.
(Transitional measures)
Article 2 Except as otherwise provided, the provisions of the post-revision Unfair
Competition Prevention Act (hereinafter referred to as the "New Act") also
apply to matters that arose before this Act came into effect; provided, however,that this does not preclude any effect that had arisen based on the pre-revision
Unfair Competition Prevention Act (hereinafter referred to as the "Former
Act").
Article 3 The provisions of Article 3, the main clause of Article 4, and Article 5 of
the New Act shall not apply to the continuation of any of the following actsthat were commenced before this Act came into effect:(i) an act that falls under Article 2, paragraph (1), item (ii) of the New Act(excluding an act that falls under item (i) of the same paragraph); or(ii) among the acts listed in Article 2, paragraph (1), item (xiii) of the New Act,the act of making an indication on services, or in an advertisement thereof orin trade documents, or correspondence, in a way that is likely to cause a
misconception as to the quality, contents, purpose, or quantity of suchservices, or the act of providing services while making 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, paragraph(1), items (iv) to (vi), item (viii), and item (ix) of the New Act in connection withan act of wrongful acquisition prescribed in item (iv) of the same paragraph oran act of improper disclosure prescribed in item (viii) of the same paragraphthat took place before June 15, 1991, if such acts of unfair competition arecommitted on or after such date (excluding acts listed in the following items),
or to the continuation of the act of using a trade secret prescribed in item (vii)of the same paragraph that was commenced before such date:(i) the act of disclosing a trade secret as prescribed in Article 2, paragraph (1),items (iv) to (vi), item (viii), and item (ix) of the New Act; or23

(ii) the act of acquiring a trade secret as prescribed in Article 2, paragraph (1),item (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 apply to litigation filed
after this Act comes into effect, and with regard to litigation filed before thisAct comes into effect, the provisions then in force shall remain applicable.
Article 6 The provisions of Article 14 of the New Act shall not apply to thecontinuation of an act that falls under Article 2, paragraph (1), item (ii) or(xiii) of the New Act that was commenced before this Act comes into effect(excluding an act that falls under item (i) of the same paragraph).
Article 7 A person who has obtained a permission prescribed in Article 4,paragraphs (1) to (3) or Article 4-2 of the Former Act before this Act comes into
effect is deemed to have obtained a permission respectively prescribed in theprovisos to Article 16, paragraphs (1) to (3) or the proviso to Article 17 of the
New Act.
Article 8 The provisions of Article 16 of the New Act shall not apply to a person
who has obtained the permission prescribed in Article 4, paragraph (4) of theFormer Act as of the time this Act comes into effect.
Article 9 The provisions of Article 17 of the New Act shall not apply to thecontinuation of anything that falls under the category of the act of using amark similar to that of an international organization (excluding a markidentical or similar to the emblem, flag, or other insignia, abbreviation, orname of an international intergovernmental organization that is designated by
the competent minister as prescribed in Article 4-2 of the Former Act;
hereinafter referred to as a "mark similar to that of a private internationalorganization") as a trademark, or the act of assigning, delivering, displaying
for the purpose of assignment or delivery, exporting, importing, providing
through a telecommunications line, goods that use a mark similar to that of a
private international organization as a trademark or providing services using amark similar to that of a private international organization as a trademark,which is prescribed in Article 17 of the New Act, if such act is commenced
before this Act comes into effect.
Article 10 The provisions of Article 21 (excluding the part pertaining to Article
21, paragraph (2), item (vi)) and Article 22 of the New Act shall not apply tothe continuation of an act that falls under Article 3, item (ii) of the24Supplementary Provisions of this Act, if such an act was commenced before
this Act comes into effect.
Article 11 With regard to a request prescribed in Article 3 of the Former Act
made by a foreign national prescribed in the same Article against an act thatwas committed before this Act comes into effect, the provisions then in force
shall remain applicable.
(Transitional measures for application of penal provisions)
Article 13 With regard to application of the penal provisions to an act that wascommitted before this Act comes into effect, the provisions then in force shallremain applicable.
(Delegation to Cabinet Order)
Article 14 Beyond what is provided for in Articles 2 to 11 and Article 13 of the
Supplementary Provisions of this Act, the transitional measures necessary for
enforcement of this Act shall be specified by Cabinet Order.

25