Unfair Competition Prevention Act (Japan)

(Item (iv) law seventeenth nineteen Sun May 16, 1993) Unfair Competition Prevention Law

Act No. thirty two years in April, 1999 thirty Sun: final revision

(Law enforcement only until the final revision)

Thirty days in April, 1999 issue thirty two decades of the Act (effective yet)

To revise the whole of the Unfair Competition Prevention Act (Act No. fourteen years, 1954).

(Purpose)

Article 1 This Act shall, in order to ensure the correct implementation of international commitments in this regard and fair competition among businesses, take such action for damages related to unfair competition and prevention of unfair competition, the sound of the national economy and thereby to contribute to the development.

(Definition)

And "unfair competition" in this Act, means any of the following:. Widely recognized among consumers as (. Same or less. Refers to a product display or sales packaging container or other items pertaining to the business of the person name, trade names, trademarks, marks, products) an indication of goods of others the transfer of products using such an indication of products identical or similar to those that are, that using such an indication of its products, or delivering, displaying for the purpose of assignment or delivery, exporting, importing, a telecommunications line or products using the identical or similar and an indication of goods prominent of others as an indication of goods of self-two act of providing through, give rise to confusion with goods or business of others, using the indication of goods or except for the form that is essential to ensure the functionality of the product form of the act of transfer of three others, delivering, displaying for the purpose of assignment or delivery, exporting, importing or providing through an electric telecommunication line the goods in question (. act of stealing four acts to transfer the products to mimic), leasing, displaying for the purpose of transfer or leasing, exporting, or importing, fraud, to obtain trade secrets by means of fraud and other obsessive-compulsive (hereinafter referred to as " obtain trade secret that five. the same shall apply hereinafter). including a specific person while keeping the secret (the act of using a trade secret was acquired by acquisitions or illegal.) that "acquisitions unauthorized disclosure or acts obtain trade secret that after getting that six acts to know that action has been intervening to get the trade secrets not known by the gross negligence or, using a trade secret so acquired, or disclosed or of a trade secret from a business owned by a trade secret seven Acts to know that the intervention, using a trade secret so acquired, without knowledge or by gross negligence, to disclose (or. hereinafter referred to as the "holder") In the case shown, in order to obtain the benefit of the fraud-compete other unauthorized purposes, or to cause damage to its holders, trade secret disclosure act (viii) Any use of a trade secret, or disclose which is (. same shall apply hereinafter. act of disclosing a trade secret in violation of legal obligations or to protect the secret act of disclosing a trade secret for the purpose prescribed in the same item in the case prescribed in the preceding item) know that the act of unauthorized disclosure by the intervention such trade secret, or that serious or

Line of acquiring a trade secret by negligence do not know, you can use the trade secret so acquired, or disclosed or

Because

Know that the act of unauthorized disclosure was mediated by trade secret or that there was a act of unauthorized disclosure trade secret after it has been so acquired nine, using a trade secret so acquired, without knowledge or by gross negligence, or The act of disclosure

(. Except those used for others to Eizo, not to record sounds or programs or execution of a program or viewing of sound or Eizo to a person other than a specific person) means any technical limitations have been used in business ten equipment incorporating a device having only the features that enables Eizo, by obstructing the effect of technological restriction measures, such a record of the program or sound, or execution of a program or viewing of sound or Eizo has been limited by the equipment is ( the transfer of equipment and storage medium or a recording.), including those programs combined with other programs having the sole function of the or.), including a program or (, delivering, displaying for the purpose of assignment or delivery, the act of providing the program through an electronic telecommunication line, exporting, importing, or having only such function or

Of sound or Eizo has been limited by technological restriction measures that are used in business to others eleven is Eizo, not to record sounds or programs or execution of a program or viewing of sound or Eizo to a person other than the specific or having the sole function of the (. including equipment incorporating such equipment) device having a function to enable only Eizo, by obstructing the effect of such technological restriction measures, or sound recording of the execution of the program or programs or viewers transferred to persons other than the said specific equipment for the storage or recording medium (. including those combined with other programs such programs) program, delivering, displaying for the purpose of assignment or delivery, export or providing through an electronic telecommunication programs, or imported, or having the sole function of the

In order to obtain the benefit of twelve illegal purposes, or harm to others, pertaining to the business of the people say your name (specific indication of goods of others, trade names, trademarks, and what to display goods or services in other mark . act to get the right to use the domain name identical or similar), and holds or, to use the domain name or its

Country of origin of its products, quality, content, method of manufacture, the quality of its services, content, and such a display that is likely to mislead the public purpose or quantity or purpose or quantity of a document or correspondence used for a transaction or its advertising or goods or services thirteen , the act of transferring its display or products, delivering, displaying for the purpose of assignment or delivery, exporting, importing or providing through an electric telecommunication line, to provide services to its display or

Notice the fact that the act of false harm the business reputation of others in the competitive relationship fourteen, or disseminate

(Treaty of Paris fifteen Trademark Law No. 123 of the twenty - seventh). Act three years 1949 ( item (ii) Article 4, paragraph or Member States allies. means the Paris Convention as prescribed), the World Trade Organization Trademark Law agent or within one year prior to the date of the act or its agent or representative of a person who has the (. called "right" simply hereinafter in this item. limited to rights equivalent to the trademark rights) trademark rights with respect to the Parties to the Convention in identical or similar goods or services relating to such right trademark identical or similar to the trademark is a person who was a representative, without a justifiable reason, relating to such right without the consent of the person having the right to that the transfer of products identical or similar products and relating to such right to use the goods or services of, and using such trademark, or delivering, displaying for the purpose of assignment or delivery, exporting, importing, a telecommunications line or or providing services identical or similar to services provided through, relating to such right to use such trademark or

The "Trademarks" (2) In this Act, the Trademark Law, Article 2, Paragraph 1 refers to a trademark as defined in. And "mark" (3) In this Act, the Trademark Act, Article 2, Paragraph 1 refers to the mark as defined in.

And "configuration of goods" (4) In this Act, the pattern bound to its shape and external and internal shape of products may be perceived by In use for consumers in accordance with the usage of normal, color, texture and gloss refers to.

"Imitate" (5) In this Act, then, based on the configuration of the products of others, refers to creating goods in the form of substantially the same as this.

And "trade secrets" (6) In this Act, there is technical or business information useful production methods that are managed as a trade secret, business activities or other means of selling refers to is not publicly known.

"Means of technical limitations" (7) In this Act, the execution of the program or viewing of sound or Eizo by (. Refers to a method can not be recognized electronic means, by the perception of other human magnetic) electromagnetic method Eizo, which is a means to limit the recording of sound or program (. The same shall apply hereinafter. Eizo, the equipment used for the recording of sound or execution of a program or programs or viewing of sound or Eizo) or equipment for viewing and Eizo, a recording medium or to convert the program for viewing and sound equipment as required by the specific conversion method or Eizo, along with the program recorded on a recording medium or react in a specific sound, or is to be sent refers to a method due to, or to be sent.

"Program" as used in this Act, refers to the combined there were instructions given to a computer, to be able to obtain a certain result.

And "Domain Name" (9) The term, in the Internet, the number assigned to identify the electronic computer of the individual, the character corresponding to the combination of letters or symbols, numbers, refers to the binding of these codes or other symbols.

The term "articles" as is intended to include 10 programs in this Act.

(Right to demand an injunction)

A person whose fear is compromised business interests by unfair competition Article 3 It is the responsibility of the buyer or a person who is likely to violate or who infringed such business interests, stop or prevent such infringement can be.

A person whose fear is compromised business interests by unfair competition 2, be compromised, or die. Including those caused by the act of infringement (the occasion of a request under the provisions of the preceding paragraph, the component of the act of infringement may be requested to engage in any act that is necessary to stop or prevent infringement, including the removal of the equipment.) of the same act of infringement was subjected to in paragraph Gojo.

(Damages)

The person who infringed on the business interests of another person by the negligence of unfair competition and we will be liable for damages caused intentionally or by this Article IV. However, to damages resulting from the use of a trade secret after the rights prescribed in the same Article pursuant to the provisions of Article 15 has ceased to exist, this shall not apply.

(Presumption of amount of damages)

With regard to those listed in item (ix) of item (iv) unfair competition listed in item fifteenth or until the item (ix) from the first issue, Article 2, Paragraph 1 of Article 5 of the same paragraph (The secret on the technology as a trade secret ( persons who have been infringed upon the interests of business (hereinafter referred to by.) limited to those related to.) refers to is not publicly known there is information on the technology is useful for business activities and other production methods that are being managed In the case of claim for compensation for damages sustained by the self against an infringement.) referred to as "infringement under" in the section has been infringed on the business interests of negligent or willful act of infringement that such person When you transfer the thing was constituted, the quantity of things that the transferor (Toy "quantity transfer" in this paragraph of the things we were able to be sold if there is any circumstance under which the infringer under. c) the extent that it does not exceed the amount depending on the ability to perform other acts pertaining to the sale of the subject the infringer, the amount obtained by multiplying the amount of profit per unit volume, and the amount of damages sustained by the alleged infringer under can be. However, when there are circumstances that can not subject the infringer to sell a quantity equivalent to the transfer of all or part of the quantity, it shall deduct the amount depending on the quantity corresponding to the situation in question.

In the case of claim for compensation for damages sustained, self-infringement against an has been infringed, that business interests by unfair competition 2 has infringed on the business interests of negligent or intentional, that the person that When you are benefited by the act of infringement, the amount of profits that is, to estimate the amount of damage sustained by a person who is infringing such business interests.

Person to item (ix) from the first issue in Article 2, paragraph 3, has been infringed, that business interests by unfair competition set forth in the fifteenth or (xii) is, on the business interests of negligent or intentional as the amount of damages that the person who has infringed, has received a self, the money in the amount equivalent to the amount of money should be given for acts prescribed respectively in those items, depending on the classification of unfair competition listed in the following items be able to claim compensation. Third use of the configuration of goods relating to infringement of unfair competition listed in item (iii) of paragraph of Article 2 of the second use of the indication of goods relating to infringement of unfair competition listed in item (i) or (ii) paragraph (i) of Article 2 of the first Article 2, the fifth use of domain names relating to infringement of unfair competition listed in item 12 paragraph (i) of Article 2 of the fourth use of trade secrets relating to infringement of unfair competition listed in item (ix) from paragraph (1) (iv) Article use of trademark infringement relating to unfair competition listed in item fifteen of paragraph

4 The provisions of the preceding paragraph shall not preclude a claim for damages exceeding the amount prescribed in the paragraph. In this case, when there was no intentional or gross negligence to the person who infringed such business interests, the court may in determining the amount of damages, to take this into consideration.

(Obligation to express a specific embodiment)

One claims as one person who claimed in a lawsuit for the infringement of business interests by unfair competition under Article Sixth, there is a fear is compromised business interests by unfair competition, be compromised or that the component of the act of infringement in order to deny the concrete way, the other party shall be made to clarify the specific conditions or acts of self. However, when there are reasonable grounds for not being able to clarify where the opponent, this shall not apply.

(Submission of documents, etc.)

Article 7 The court, in a lawsuit for the infringement of business interests by unfair competition, upon the petition of a party, for proving the alleged act of infringement, in order to calculate the damages caused by such act of infringement or may order the submission of required documents. However, when there are reasonable grounds for refusing the submission of the person in possession of that document, this shall not apply.

(2) The court may, when it is deemed necessary for determining whether or not there are reasonable grounds as provided in the proviso to the preceding paragraph, it is possible to present the person in possession of the documents. In this case, you can not ask for the disclosure of the documents presented, any person.

(3) The court, In the case of the preceding paragraph, it is necessary to hear opinions by disclosing the documents of the second sentence of the preceding paragraph about whether or not there are reasonable grounds as provided in the proviso to paragraph, parties, etc. ( party (or, in the case of a juridical person, its representative).), or following the same counsel. says (. except counsel and counsel), servants, employees and other representatives of the parties or assistant for people, it may disclose such documents.

(4) The preceding three paragraphs, to prove the alleged act of infringement in a lawsuit for the infringement of business interests by unfair competition shall apply mutatis mutandis to the presentation of the subject necessary for verification.

(Expert opinion for calculation of damages)

When I ordered an expert opinion necessary for in a lawsuit for the infringement of business interests by unfair competition Article 8, upon the petition of a party, the court to calculate the damages caused by such act of infringement, the parties, expert witness contrast, must be an explanation of matters necessary for to give expert testimony in question.

(Certification of reasonable damages)

Extremely difficult due to the nature of such facts that, in the case that in a lawsuit for the infringement of business interests by unfair competition under Article 9, there was damage is observed, to prove the facts necessary to establish the amount of damages due to Sometimes, the court may on the basis of the results of examination of evidence and the entire import of oral argument, to certify the reasonable amount of damage.

(Protective order)

Court Article 10, in the case in a lawsuit for the infringement of business interests by unfair competition, trade secret if the party has held, there was a prima facie showing that fall under any of the following grounds, the court, the parties upon the petition of the decision by the parties, etc., counsel, and then used for purposes other than pursuing the lawsuit said a trade secret, an order under the provisions of this section relating to such trade secrets or it may order the effect should not be disclosed to persons other than the person who has received a. However, the parties, etc., to get through a method other than the trade secret disclosure or examination of the evidence referred to in said item of reading or writing assistant who is ready prescribed in paragraph or counsel prior to the time of the filing of the petition , If you have held, that this shall not apply. Fourth Article documents or trade secrets possessed by the parties to brief should be submitted or already submitted a have been described, have been disclosed in accordance with the provisions evidence of Article 7 paragraph (should be interrogated or given interrogation or already can contain trade secrets held by the party to the contents of the.), including a written disclosure pursuant to the provisions of the section. By trade secrets set forth in the preceding item will be used for purposes other than pursuing the lawsuit said, the trade secret is disclosed, or there is a risk of causing a hindrance to business activities are based upon such trade secrets, this it is necessary to restrict the use or disclosure of trade secret in order to prevent.

A petition for an order pursuant to the provisions of the preceding paragraph 2 (. Hereinafter referred to as a "protective order") shall be made in writing and include the following matters. Fact corresponding to the three grounds listed in the preceding paragraph (ii) facts sufficient to identify a trade secret protective order should be the subject of two persons who are to receive a protective order

3 In the case where a protective order has been issued, must be served upon the person to whom the protective order is a decision letter.

(4) The protective order, when delivery of the written decision from the person against whom the protective order is made, shall enter into force.

The decision dismissing the petition for a protective order 5, it is possible to file an immediate appeal.

(Rescission of protective order)

A person who has received a protective order, or who file a petition for a protective order Article 11, the court where the case record exists (or, in cases where there is no court where the case record exists, the court issued a protective order) to the grounds that met or is no longer met the requirements contrast, prescribed in the preceding Article, may file a petition for revocation of an order of confidentiality.

When the court makes a decision on a petition for rescission of a protective (2), shall be served upon the opponent and the person who filed the motion that a decision letter. Against a judicial decision on a petition for rescission of a protective 3, be subject to immediate appeal.

(4) A decision to rescind a protective order shall not become effective until it is finalized.

(5) The court, to whom the protective order pertaining to such trade secrets in litigation in the case where the decision to rescind the protective order, protective order shall have been issued in addition to the other party or person who has filed a petition for rescission of a protective If there is a person who has, against that person, shall immediately give notice of the decision to rescind the protective order.

(Notice of request for inspection, etc. of the case record)

Per case record pertaining to the (. Excluding the litigation hold instruction secret of all has been canceled) litigation protective order Article has been issued, the Code of Civil Procedure (No. 103 Ninth Law, 1996) of Article 92 paragraph in cases where there is a decision, from parties that paragraph who has not been issued a protective order in litigation such person, and there is a request for inspection, etc. of the part that represents the secret prescribed in, after the filing of the claim that when it is, a court clerk, the same paragraph , notify, immediately after such request when the request is made ​​(. same shall apply in paragraph. except the person who submitted the request) A party who has filed a petition for must.

In the case of the preceding paragraph 2, the court clerk shall not file a petition for a protective order against the person who performed the procedure for such request (until the day two weeks have elapsed from the day there was a request under that paragraph will be on or before that date in cases where other, should not let the secret part of the inspection, etc of the same paragraph, who until the final judicial decision on the petition), having conducted the proceedings of that request.

(3) The preceding two paragraphs, about letting the inspection, etc. of the secret part of the same paragraph, the person who made ​​the claim in paragraph in paragraph Article 92 Code of Civil Procedure the consent of all of the party who has filed a petition for When there is, do not apply.

(Such as the public stop questioning the parties)

For those that fall under the trade secrets in the possession of parties was a matter of such party in a lawsuit for the infringement of business interests by unfair competition Article will become the basis for the determination of the presence or absence of infringement, or the parties themselves In the case where the witness is examined as a witness or legal representative, the court, upon the unanimous vote of the judges, significant business activities are based upon such trade secrets by its parties, etc. to make statements concerning these matters in open court in The only other evidence of business by unfair competition should be the basis for determining such matters by, and can not be enough to make statements concerning these matters, lacking a statement that the risk of harm is clear that finds that a judgment may be proper for the presence or absence of infringement of the above benefits, it is possible in the decision, do not expose the interrogation of such matters.

(2) The court shall, in the determination of the preceding paragraph, shall hear the opinions of the parties, etc..

(3) The court, In the case of the preceding paragraph, and it is necessary, it may require a document stating the gist of the matters to be stated that the parties, etc.. In this case, you can not ask for the disclosure of the document presented, any person.

(4) When the court finds it necessary to hear opinions by disclosing the writing of the second sentence of the preceding paragraph, the parties, etc., a counsel, it is possible to disclose the document.

(5) The court, when you do not expose the interrogation of such matters pursuant to the provisions of paragraph 1, leave the court prior to the public, it shall render a judgment to that effect and the reason thereof. When the examination of such matters has been terminated, it shall be a public admission to the courtroom again.

(Measures to restore credibility)

A person who has injured the business reputation of others been unfair competition by the negligence, the court may, in its Article intentionally or upon the request of the person who has been so injured the business reputation of, in lieu of compensation for damages, it may order the necessary measures together with compensation for damages, to recover the business reputation of that person or.

(Extinctive prescription)

Right out of unfair competition listed in item (ix) (iv) of Article 2, paragraph 1 Article 15 claim to stop or prevent infringements pursuant to the provisions of Article 3, paragraph (1) for the act of using a trade secret, that carried out three years from the time know the person who held in the case where a person who acts to continue to act, there is a risk is compromised the interests of business, by its conduct, that is infringing or is acting on its facts and that If not, be extinguished by prescription. Even when ten years have passed since the time of commencement of such act, and in the same manner.

(Prohibition on the commercial use of the state emblem of a foreign)

The same or shall be prescribed by the Ordinance of the Ministry of Economy, Trade and Industry, there is insignia of other emblem or national flag of a foreign (. Referred to as "national flag" Foreign below) something similar "insignia similar emblem of a foreign state (hereinafter referred to as" Any person, Article 16 the transfer of products to use as a trademark.) that was used as a trademark insignia similar emblem of a foreign state, or delivering, displaying for the purpose of assignment or delivery, exporting, importing or providing through an electronic telecommunication line, must not provide services using a similar insignia as a trademark or emblem of a foreign state. However, when it receives the permission of the relevant foreign have the authority to perform (. Same or less. Including an administrative disposition similar to permission) permit the use of the emblem of a foreign state that this shall not apply.

In addition to those prescribed in the preceding paragraph, in such a way that is likely to mislead the public to the place of origin of goods, using the emblem of the foreign countries specified by the Ordinance of the Ministry of Economy, Trade and Industry of the same paragraph (. Called "emblem" Foreign below), or foreign, any person the transfer of goods using the emblem, delivering, displaying for the purpose of assignment or delivery, exporting, importing or providing through an electronic telecommunication line, or shall provide services to use the emblem or foreign. However, when having received the permission of the relevant foreign authorized to grant permission for use of its foreign arms, this shall not apply.

Three people something, or identical to those specified by an Ordinance of the Ministry of Economy, Trade and Industry, there is sign or seal for certification or for the supervision of the local government or a foreign government (. Hereinafter referred to as the "equal sign foreign government") the like (hereinafter referred to as " product is used as the trademark of goods or services identical or similar goods or services equal sign foreign government that has been used.) called "similar symbol such as foreign governments, was used as the trademark symbol similar to such foreign government or the transfer of, delivering, displaying for the purpose of assignment or delivery, exporting, importing or providing through an electronic telecommunication line, or shall provide services to use as the trademark symbol similar governments or foreign. However, when it receives the permission of the relevant foreign have the authority to permit the use of symbols such as foreign government that this shall not apply.

(Prohibition on the commercial use of the mark of international organizations)

In such a way that is likely to mislead the public that there is a relationship with (. Same shall apply hereinafter in this Article. Refers to the international organization specified by the Ordinance of the Ministry of Economy, Trade and Industry as being equivalent thereto international organizations and intergovernmental) international organizations, hear the opinions of Article 17, use as a trademark similar to those of (. hereinafter referred to as the "mark similar to an international organization"), used as a trademark or a mark identical or similar to an international organization specified by the Ordinance of the Ministry of Economy, Trade and Industry, there is a mark indicating the international organizations the transfer of products, delivering, displaying for the purpose of assignment or delivery, exporting, importing or providing through an electronic telecommunication line, or shall provide services using as a trademark, a mark similar to an international organization or . However, upon receiving the permission of this international organization, this shall not apply.

Against such foreign public officials, in order to obtain the benefits of the fraud on the officer for international commerce, its outer Any person, Article 18 (Prohibition of granting the benefit of the fraud against such foreign public officials) to Public Service country, that the purpose of letting the mediation can not act or refrain from acting on the duties, so as not to act or refrain from acting on their duties such as foreign public officials other using their positions, or grant a benefit of money or other, or its Do not make a promise or application.

Etc. "foreign public official" as used in the preceding paragraph 2 refers to the following persons. Foreign governments for more than two or thirty-one a person who engages in services was established by special laws and regulations of foreign countries to carry out specific affairs in the public interest; those who are engaged in official business of the foreign state or local governments for a or by local governments, are owned directly the amount of the investment or the number of such shares exceed fifty percent of the total amount of investment or the total number of shares with voting rights of shares outstanding, officers or directors ( , there is a business that is nominated or appointed by a majority.) means a corporate auditor, director, has been engaged in the management of the business person, except for these, as well as the liquidator and auditor, per performance of its business , an international organization formed by international organizations of an intergovernmental international organization four person specified by a Cabinet Order as an equivalent person engaged in the affairs of those who have been granted the rights and interests, especially from state or local governments or foreign government ( person who had the affairs under the authority of local governments or international organizations or foreign governments and those who are engaged in the public service of five.) say the same. in the next issue, to engage in and which have been delegated by these institutions

(Such as exemptions)

To Article 15 of Article 3 of Article 19, the provisions of Article (and. Excluding the part pertaining to paragraph 2, item 6) Article 21, according to the classification of unfair competition listed in the following items Te the acts prescribed respectively in those items, do not apply. A name of a place of origin of goods and materials or raw materials the common name of the business the grapes (goods or unfair competition listed in items (i) of Article 2, paragraph one, (ii) in item (xiii) and fifth in item (xiii) the third, used in a common manner.) collectively referred to as an indication of goods that are customarily used for business goods or identical or similar to or.) (hereinafter referred to as "such a common name," except those was a common name, display or the transfer of products used in the method, the commonly used like a common name, or the display or, delivering, displaying for the purpose of assignment or delivery, exporting, importing or providing through an electronic telecommunication line, in the case of unfair competition listed in item No. thirteenth and fifteenth act the same paragraph (includes any act to display in a common manner, such as a common name, or use to provide services. the purpose of other wrongful purpose to make the damage the purpose of obtaining a profit objective of unauthorized (illegal, in others the name of the self unfair competition listed in items (i) of Article 2, paragraph d) in item (xiii) and fifth in item (ii) the transfer of products to use instead of. same shall apply hereinafter). say, using name without a wrongful purpose, or self, delivering, displaying for the purpose of assignment or delivery, exporting, importing, through an electric telecommunication line or the act of providing (or, in cases of unfair competition listed in the same items. including an act of providing services using a name without a wrongful purpose, self) fraud set forth in paragraph Article the third products, etc. that the person who has succeeded to the business pertaining to the indication of goods or the person who uses the indication of goods of identical or similar indication of goods from the previous indication of goods of others competition is widely recognized among consumers the transfer of products used without a wrongful purpose display, was used without a wrongful purpose, such indication of its products, or delivering, displaying for the purpose of assignment or delivery, exporting, importing, through an electric telecommunication line or an indication of its products from the same young indication of goods of others before unfair competition listed in item (ii) of paragraph two Article the fourth act of providing to become famous

Correctly is a person who has succeeded to the business pertaining to the indication of goods or a person who uses such an indication of similar goods is used without a wrongful purpose, such indication of its products, was used without a wrongful purpose, an indication of goods or the act of transferring a product, delivering, displaying for the purpose of assignment or delivery, exporting, importing or providing through an electronic telecommunication line,

For items that are older than three years from the day were sold first in Japan, Lee acts listed in any of the following unfair competition listed in item (iii) of Article 2, paragraph five products that imitate the configuration of goods the act of transferring, leasing, displaying for the purpose of transfer or leasing, exporting, or importing

To a person with no gross negligence on the part of each thing, and did not know that it is items that mimics the form of products of others when they took over that (A person who accepts a product that mimics the form of products of another person, do not know Acts.) has limited the transfer of its products, leasing, displaying for the purpose of transfer or leasing, exporting, or importing

Act or obtain trade secret or that an act of unauthorized disclosure trade secret that when you get that (the person who acquires a trade secret through a transaction listed in item (ix) (iv) of paragraph of Article 2 Any use of a trade secret within the scope of the title.) limited to those who have no gross negligence on the part of each thing, and without knowing that the act of unauthorized disclosure by the intervention, do not know has been acquired through such transaction, to disclose or

These device or prescribed in item (xiii) and the first issue of the tenth Article 2, paragraph 1 used for experimental or research of technological restriction measures, unfair competition listed in item (xiii) and the first issue of the tenth paragraph of Article 2 of the seventh act was the transfer of equipment or a recording medium storing a program to the provision of item of delivering, displaying for the purpose of assignment or delivery, exporting, importing or providing through an electronic telecommunication line, said program or

A person whose fear is compromised business interests through any of the acts listed in items 2 or 3 of the preceding paragraph 2, be compromised or, to the persons specified respectively in those items according to the classification of the acts listed in each of the following items: may request that should be subjected to appropriate display contrast, to prevent confusion with the goods or business of the self. Transfer their goods using the name of the person who used the name of the self acts listed in item (ii) of the preceding paragraph a of (self, delivering, displaying for the purpose of assignment or delivery, exporting, importing, through an electric telecommunication line or such an indication of its products (the person who has succeeded to the business pertaining to the indication of goods and the person who uses the indication of goods identical or similar indication of goods of others acts listed.) to item (iii) of the preceding paragraph two, including those that provide . including those who transfer their goods using, delivering, displaying for the purpose of assignment or delivery, exporting, importing or providing through an electric telecommunication line)

(Transitional Measures)

In the case of enacting an Ordinance of the Ministry of Economy, Trade and Industry or the Cabinet Order in accordance with the provisions of this Act, the tenth, or abolished by the Ordinance of the Ministry of Economy, Trade and Industry or the cabinet order, to the extent deemed reasonably necessary due to such establishment, alteration or revocation , may be prescribed (. including transitional measures concerning penal provisions) required.

(Penal Provisions)

A person who falls under any of the following items Article 21, shall be liable to a fine of not more than ten million yen or imprisonment of ten years, or both. Acts such as fraud a (deceive the people, assaulting people, and so on. Refers to the act of intimidation or person. The same) by, in writing or trade secrets (have been described infringement or management, or recorded recording medium ( theft of. etc. ") medium containing a trade secret, hereinafter referred to as the" intrusion into the facility is being managed trade secrets act unauthorized access ( unauthorized computer access law issue one hundred twenty-eight Act ten years, 1999 ( ) Article III for the purpose of unfair competition, who used, disclosed, or a trade secret was acquired by. hereinafter the same). refers to acts prejudicial to public control of the holder of the other.) refers to the act of unauthorized access to prescribed

For a purpose of use or disclosure of the preceding item, by an act violating control obligations or acts such as fraud, one of the following: trade secrets of a medium containing a trade secret under the control of the holder who get in the way set forth in or be obtained. For the record contained in a medium containing a trade secret under the control of the holder (b), it is possible to create a duplicate that.

There is a person who has been shown from three holders of trade secrets, for the purpose of unfair competition, infringement by the act or acts such as fraud management, by the act violates the mission was under the control of the medium containing a trade secret misappropriation or other, under the control of the holder who Tokushi possession of a recording medium writing or trade secrets will be described in any of the methods listed in the next, or recorded, or create, the use of a trade secret, disclosed or (a) taking possession of a medium containing a trade secret. For the record contained in a medium containing a trade secret under the control of the holder (b), it is possible to create a duplicate that.

Its officers or employees there is a person who is operating four (. Same employees say executive director, directors, executive officers, the business, or an equivalent person to them auditor or auditor. In the next item.), (. except for those set forth in the preceding item) A person who, for the purpose of unfair competition, rebelled against the duty to manage its trade secrets, and the use of a trade secret, or disclosed

A person who is an officer or an employee of a person who is operating five, for the purpose of unfair competition, that during his tenure, contrary to the mission of its trade secrets under the control of the trade secret (. except for those set forth in item 3) A person who has submitted the application after use of the disclosure, receives a request to use or disclose trade secrets or that, that was leaving the job of a trade secret, or disclosed

For the purpose of unfair competition (vi) a person who, by acquiring a trade secret disclosure which is an offense to issue from the issue before the Third, the use of a trade secret, or disclosed or the first issue

A person who falls under any of the following items (2) shall be liable to a fine of not more than five million yen, or imprisonment of up to five years, or both. In order to obtain wrongful gain, using the prestige or credit according to the indication of goods prominent of others (ii) A person who was unfair competition listed in item (xiii)) or paragraph (Article 2, paragraph a wrongful purpose a , such credit or young

Correctly is the goods or (iv) a person who was unfair competition listed in item (iii) of Article 2, paragraph 1 in order to obtain wrongful gain, (iii) A person who was unfair competition listed in item (ii) Article 2, paragraph 1 for the purpose of harming reputation its place of origin of goods, goods or a document or correspondence used for a transaction or its advertising services

Quality, content, method of manufacture, the quality of its services, content, or be likely to mislead the public purpose or quantity of purpose or quantity of

(. Except for those set forth in item (i) A person who has made ​​a display of falsehood so that ) has violated the protective order five persons