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Unfair Competition Prevention Act (Act No. 47 of May 19, 
1993) 
Table of Contents 
Chapter I General Provisions (Articles 1 and 2) Chapter II Claims for Injunctions and Comp ensation for Loss or Damage (Articles 3 
to 15) 
Chapter III Acts Prohibited pursuant to In ternational Agreements (Articles 16 to 18) 
Chapter IV Miscellaneous Provisions (Articles 19 to 20) 
Chapter V Penal Provisions (Articles 21and 22) 
Chapter VI Special Provisions on Criminal Proceedings (Articles 23 to 31) Chapter VII Special Provisions on Procedur es Concerning Confiscation (Articles 32 
to 34) 
Chapter VIII Procedures for Preservation (Articles 35 and 36) Chapter IX Procedures for International Mutual Legal Assistance in Execution of 
Judicial Decision and in Preservation, for Confiscation and Collection of Equivalent この不正競争防止法の翻訳は、平成三十年法律第三十三号までの改正（平成３１
年７月１日施行）について作成したものです。 
この法令の翻訳は公定訳ではありません。法的効力を有するのは日本語の法令自
体であり、翻訳はあくまでその理解を助けるための参考資料です。この翻訳の利用
に伴って発生した問題について、一切の責任を負いかねますので、法律上の問題に関しては、官報に掲載された日本語の法令を参照してください。 
 
  This English translation of the Unfair Competition Prevention Act has been 
prepared (up to the revisions of Act No. 33 of 2018 (Effective July 1, 2019 )). 
  This is an unofficial translation. Only the original Japanese texts of laws and 
regulations have legal effect,  and the translations are to be used solely as 
reference material to aid in the understanding of Japanese laws and regulations.  
  The Government of Japan shall not be responsible for the accuracy, reliability 
or currency of the legislative material provided in this Website, or for any consequence resulting from use of the information in this Website. For all 
purposes of interpreting and applying law to any legal issue or dispute, users 
should consult the original Japanese te xts published in the Official Gazette. 2 
 Value (Articles 37 to 40) 
 Supplementary Provisions Chapter I General Provisions 
 (Purpose) 
Article 1 The purpose of this Act is to pr ovide measures, etc. for the prevention of 
unfair competition and for th e compensation for loss or damage caused by unfair 
competition, in order to ensure fair competition among companies, and proper 
implementation of international agreements related thereto, thereby contributing to 
the sound development of the national economy. 
 (Definitions) 
Article 2 (1) The term "unfair competition"  as used in this Act means any of the 
following: 
 (i) the act of creating confusion with another person's goods or business by using an 
indication of goods or business (meaning  a name, trade name, trademark, markings, 
containers or packaging for goods belonging to a business, or any other indication of 
a person's goods or business; the same a pplies hereinafter) t hat is identical or 
similar to the another person's  indication of goods or business that is well-known 
among consumers as belonging to that person, or by transferring, delivering, 
displaying for the purpose of transfer or delivery, exporting, importing or providing 
through a telecommunications line go ods that use the same indication; 
 (ii) the act of using an indication of goods or business that is identical or similar to 
another person's famous indication of goods or business as one's own, or of 
transferring, delivering, displa ying for the purpose of transfer or delivery, exporting, 
importing, or providing through a telecommu nications line goods that use the same 
indication; 
 (iii) the act of transferring, leasing, displa ying for the purpose of transfer or lease, 
exporting or importing goods that imitate the configuration of another person's 
goods (excluding that which is indispensable to its functioning); 
 (iv) the act of acquiring trade secrets by  theft, fraud, duress, or other wrongful 
means (hereinafter referred to as an "act of wrongful acquisition of trade secrets"), or 
the act of using or disclosing (including disc losing in confidence to a specific person 
or persons; the same applies hereinafter in the following item through item (ix), 
Article 19, paragraph (1), item (vi), and  Article 21, and in the Supplementary 
Provisions, Article 4, item (i) ) trade secrets acquired through an act of wrongful 
acquisition of trade secrets;  (v) the act of acquiring trade secrets with the knowledge,  or through gross 
negligence in not knowing, that there has been an intervening act of wrongful 
acquisition of trade secrets, or  the act of using or disclosi ng trade secrets acquired in 
such a way; 
 (vi) the act of using or disclosing acqu ired trade secrets afte r having learned, or 3 
 through gross negligence in not having learne d, subsequent to their acquisition, that 
there had been an intervening act of wrongful acquisition of trade secrets;  (vii) the act of using or disclosing trade secrets disclosed by the company that owns 
them (hereinafter referred to as the trade  secret owner) for the purpose of wrongful 
gain, or causing damage to  the trade secret owner; 
 (viii) the act of acquiring trade secrets wi th the knowledge, or with gross negligence 
in not knowing, that the trade secrets' disc losure is an act of improper disclosure of 
trade secrets (meaning, in the case pres cribed in the preceding item, the act of 
disclosing trade secrets for the purpose pr escribed in the same item, or the act of 
disclosing trade secrets in breach of a le gal duty to maintain secrecy; the same 
applies hereinafter) or that there has been an intervening act of improper disclosure 
of trade secrets with regard  to the relevant trade secrets, or the act of using or 
disclosing trade secrets acquired in such a way; 
 (ix) the act of using or disclosing acqu ired trade secrets afte r having learned, or 
through gross negligence in not having learne d, subsequent to their acquisition, that 
disclosing them was an act of improper disc losure of trade secrets or that there had 
been an intervening act of improper disclosu re of trade secrets with regard to the 
relevant trade secrets;  (x) the act of transferring, delivering, displaying for the purpose of transfer or 
delivery, exporting, importing, or provid ing through a telecommunications line 
things created by the acts set forth in item (iv) to the preceding item (limited to acts 
of using a technical secret (meaning tra de secrets which co nstitute technical 
information; the same applie s hereinafter); hereinafter referred to as an "act of 
unauthorized use" in this item) (excluding an act of transferring, delivering, displaying for the purpose of transfer or delivery, exporting, importing, or providing 
through a telecommunications line the thin gs by a person that has received the 
things by transfer (limited to persons that , at the time of receiving the things by 
transfer, had no knowledge that they were created by an act of unauthorized use, 
and such lack of knowledge was not due to gross negligence)); 
 (xi) the act of acquiring “shared data with limited access” by theft, fraud, duress, or other wrongful means (hereinafter referred to  as an “act of wrongful acquisition of 
“shared data with limited access””), or the act of using or disclosing “shared data 
with limited access” acquired through an a ct of wrongful acquisition of “shared data 
with limited access”; 
 (xii) the act of acquiring “shared data wi th limited access” with  the knowledge that 
there has been an intervening act of wrongful acquisition of “shared data with limited access”, or the act of using or disc losing “shared data with limited access” 
acquired in such a way; 
 (xiii) the act of disclosing acquired “s hared data with limited access” after having 
learned, subsequent to its acquisition, that there had been an intervening act of 
wrongful acquisition of “shared data with limited access”; 4 
  (xiv) the act of using (limited to an act co nducted in breach of the duties regarding 
the management of the “shared data with limited access”) or the act of disclosing “shared data with limited acce ss” disclosed by the company that owns it (hereinafter 
referred to as the owner of “shared data with limited access”) for the purpose of 
wrongful gain or causing damage to the ow ner of “shared data wi th limited access”; 
 (xv) the act of acquiring “shared data wi th limited access” with the knowledge that 
the disclosure of the “shared data with  limited access” is an act of improper 
disclosure of “shared data wi th limited access” (meaning, in the case prescribed in 
the preceding item, the act of disclosing “shared data with limited access” for the 
purpose prescribed in the same  item; the same applies hereinafter) or that there has 
been an intervening act of improper disclo sure of “shared data with limited access” 
with regard to the relevant “shared data wi th limited access”, or the act of using or 
disclosing “shared data with limite d access” acquired in such a way; 
 (xvi) the act of disclosing acquired “shar ed data with limite d access” after having 
learned, subsequent to its acquisition, t hat disclosing it is an act of improper 
disclosure of “shared data wi th limited access” or that there had been an intervening 
act of improper disclosure of “shared data  with limited access” with regard to the 
relevant “shared data with limited access”;  (xvii) the act of transferring, delivering, displaying for the purpose of transfer or 
delivery, exporting, or importing, a device (including a machine that incorporates the 
device and a set of parts for the device that  can be easily assembled) with a function 
that makes it possible to view images, hear sounds, run programs, or process 
information (limited to information record ed in an electronic or magnetic record 
(meaning a record used in computerized information processing which is created in electronic form, magnetic form, or any othe r form that is impossible to perceive 
through the human senses alone); the same applies hereinafter in this item, the 
following item, and paragraph (8)), or record images, sounds, programs, or any other information (hereinafter referred to as “to view images, etc.” in this item) which are 
restricted by technological re striction measures that are used for business purposes 
(excluding technological res triction measures used by an other person to restrict all 
but specified persons from viewing images , hearing sounds, running programs, or 
processing information, or recording images, sounds, programs, or any other 
information), by interfering with the effe ctiveness of the technological restriction 
measures, or a recording medium on which a program with the function (including a 
combination of the program with other progra ms) or code with the function (meaning 
commands given to a computer which only can produce a specific result; the same 
applies in the following item) has been recorded or a machine on which the program 
or the code with the function has been stored; or the act of providing the program or 
the code through a telecommunications li ne (if the device or program has a 
combination of functions other than the rele vant function, this is limited to an act 
conducted in order to provid e the device or program for the purpose of making it 5 
 possible to view images, etc. by interferin g with the effectiveness  of the technological 
restriction measures); or the act of providin g a service for making it possible to view 
images, etc. by interfering with the effe ctiveness of the tech nological restriction 
measures; 
 (xviii) the act of transferring, delivering, displaying for the purpose of transfer or 
delivery, exporting or importing, other than to specified persons, a device (including 
a machine that incorporates the device and a set of parts for the device that can be 
easily assembled) with a function that make s it possible to view  images, hear sounds, 
run programs, or process information, or record images, sounds,  programs, or any 
other information (hereinafter referred to as  “to view images, etc.” in this item) 
which are restricted by techno logical restriction measures that are used by another 
person for business purposes  to restrict all but specif ied persons from viewing 
images, hearing sounds, running programs, or processing information, or recording 
images, sounds, programs, or any other information, by interfering with the 
effectiveness of the technolo gical restriction measures or a recording medium on 
which a program with the function (including a combination of the program with 
other programs) or code with the function has been recorded or  a machine on which 
the program or the code has been stored; or the act of providing the program or the code through a teleco mmunications line, other than to sp ecified persons (if the device 
or program has a combination of functions other than the relevant function, this is 
limited to an act conducted in  order to provide the device  or program for the purpose 
of making it possible to view images, etc. by interfering with the effectiveness of the 
technological restriction meas ures); or the act of providing a service for making it 
possible to view images, etc. by interferin g with the effectiveness  of the technological 
restriction measures, other th an to specified persons; 
 (xix) the act of acquiring or holding a righ t to use a domain name that is identical or 
similar to another person's Specific indication of goods or business (meaning a name, trade name, trademark, markings, or any other indication of goods or business 
belonging to a business), or the act of using any of such domain name, for the 
purpose of wrongful gain or causing damage to another person;  (xx) the act of using an indication on goods or services, in an advertisement thereof, 
or in trade documents or ele ctronic correspondence thereof, in  a way that is likely to 
mislead as to the place of origin, quality, co ntent, manufacturing process, purpose, or 
quantity of the goods, or the quality, conten t, purpose, or quantity of the services, or 
the act of transferring, delivering, displayi ng for the purpose of transfer or delivery, 
exporting, importing, or providing thro ugh a telecommunications line goods so 
indicated, or the act of prov iding services so indicated; 
 (xxi) the act of making or circulating false allegations that harm the business 
reputation of another person that is a business competitor;  (xxii) an act by the agent or representative , or a person that was, within one year of 
the date of the act, an agent or representati ve of the holder of a right to a trademark 6 
 (the right is limited to a right that is e quivalent to a trademark  right; hereinafter 
simply referred to as a "right" in this it em) in a country belonging to the Union 
established by the Paris Convention (meani ng the Paris Convention as defined in 
Article 4, paragraph (1), item (ii) of the Trademark Act (Act No. 127 of 1959)) or in a 
country which is a member of the World Trade Organization or in a country which is 
a contracting party to the Trademark Law Treaty, without justifiable grounds and 
without the consent of the holder of th e right; which constitutes the use of a 
trademark that is identical or similar to the trademark under th e right on identical 
or similar goods or services regarding th e right; which constitutes the transfer, 
delivery, display for the purpose of transfe r or delivery, export,  import or provision 
through a telecommunications li ne of goods that are similar or identical to the goods 
regarding the right and on which the tradema rk has been used; or which constitutes 
the provision of services that are identica l or similar to the services regarding the 
right, using the trademark. 
 (2) The term "trademark" as used in th is Act means a trademark as defined in 
Article 2, paragraph (1) of the Trademark Act. 
 (3) The term "markings" as used in this Act means markings 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 and 
internal shape of goods and the pattern, colo r, gloss, and texture combined with the 
shape, which can be perceived by consumers when they use the goods in an ordinary way. 
 (5) The term "imitate" as us ed in this Act means the act of creating goods that are 
substantially similar to another person's goods, based on the configuration of the goods. 
 (6) The term "trade secret" as used in  this Act means te chnical or business 
information useful for business activities, such as manufacturing or marketing methods, that are kept secret and that are not publicly known. 
 (7) The term “shared data wi th limited access” as used in this Act means technical 
or business information that is accumulated in a reasonable amo unt by electronic or 
magnetic means (meani ng an electronic form, magnetic form, or any other form that 
is impossible to perceive through the huma n senses alone; the same applies in the 
following paragraph) as information provided to specified persons on a regular basis and that is managed (excluding information that is kept secret). 
 (8) The term "technologica l restriction measures" as u s e d  i n  t h i s  A c t  m e a n s  
measures which restrict images from being viewed, sounds from being heard, 
programs from being run, or information from being processed, or images, sounds, 
programs, or any other information from be ing recorded, by electronic or magnetic 
means, by means of recording onto a reco rding medium or transmitting signals to 
which a viewing device, etc. (meaning a device used for viewing images, hearing 
sounds, running programs, or processing in formation, or recording images, sounds, 7 
 programs, or any other information; the same  applies hereinafter in this paragraph) 
has a specific response, or by means of co nverting images, sounds, programs, or any 
other information and recording onto a reco rding medium or transmitting them, in a 
way that requires specific conver sion by the viewing device, etc. 
 (9) The term "program" as used in this A ct means a set of instructions to a computer 
so that a specific result can be obtained.  (10) The term "domain name" as used in this Act means letters, numbers, signs, or 
other symbols or a combination thereof t hat correspond to the combination of 
numbers, signs, letters assi gned to identify individual  computers on the Internet. 
 (11) The term "things" as used in this Act includes programs. 
Chapter II Claims for Injunctions an d Compensation for Loss or Damage 
 (Right to Claim for an Injunction) Article 3 (1) A person whose business interests have been infringed on or are likely to 
be infringed on due to unfair competition may make a claim to suspend or prevent 
that infringement, against the person that in fringed or is likely to infringe on the 
business interests. 
(2) When making the claim under the preceding paragraph, the person whose 
business interests have been infringed on or are likely to be infringed on due to unfair competition may make a claim to have things that constitute the act of 
infringement destroyed (including things created through the a ct of infringement; 
the same applies in Article 5, paragraph (1 )), to have equipment used for in act of 
infringement removed, or others actions ne cessary for suspending or preventing the 
infringement. 
 (Compensation for Loss or Damage) Article 4 A person that intentionally or negligently infringes on the business 
interests of another person through unfair competition is held liable to compensate 
damages resulting therefrom; provided, howeve r, that this Article does not apply to 
damages resulting from the act of using tra de secrets or “share d data with limited 
access” after the rights prescribed in Arti cle 15 have extinguished pursuant to the 
same Article.  (Presumption of Amounts for Damages) 
Article 5 (1) When a person whose business interests have been infringed due to the 
unfair competition set forth in Article 2, paragraph (1), items (i) through (xvi) or 
(xxii) (with regard to the unfair competition set forth in items (iv) through (ix) of the 
same paragraph, limited to unfair compet ition that involves a technical secret) 
(hereinafter referred to as the "infringed pa rty" in this paragraph) makes a claim for 
compensation for damages suffered due to the infringement, from a person that has 
intentionally or negligently infringed on the business interests, if the infringer has 
transferred things that constituted the act of infringement, the quantity of the things transferred (hereinaft er referred to as the "transferred quantity" in this 
paragraph) multiplied by the amount of profit per unit of the things that the 8 
 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 part y's ability to sell or conduct other acts 
concerning the things; provided, however, t hat if there are circumstances that would 
have prevented the infringed party from selling a number of things equivalent to all 
or part of the transferred quantity, an amount proportionate to the number of things corresponding to the circu mstances is deducted. 
 (2) When a person whose business interests have been infringed on due to unfair 
competition makes a claim for compensati on for damages suffered by it from a 
person that intentionally or negligently in fringed on the business interests, if the 
person has made a profit through the act of infringement, the amount of profit is 
presumed to be the amount of damages that the person whose business interests were infringed on has suffered. 
 (3) A person whose business interests hav e been infringed on due to the unfair 
competition set forth in Article 2, paragrap h (1), items (i) through (ix), items (xi) 
through (xvi), item (xix) or (xxii) may make a claim for compensation for damages 
against a person that has intentionally or negligently infringed on the business 
interests, in an amount equivalent to the amount of money that the infringed party 
should have been entitled to  receive for the act prescribe d in the relevant of the 
following items for the classi fication of unfair competitio n set forth therein, as the 
amount of damages suffered by the infringed party:  (i) unfair competition set forth in Article 2, paragraph (1), items (i) or (ii) - use of an 
indication of goods or business  pertaining to the infringement; 
 (ii) unfair competition set forth in Article 2, paragraph (1), item (iii) - use of a configuration of goods perta ining to the infringement; 
 (iii) unfair competition set forth in Article 2, paragraph (1), items (iv) through (ix) - 
use of trade secrets pertain ing to the infringement; 
 (iv) unfair competition set forth in Article 2, paragraph (1), items (xi) through (xvi) - 
use of “shared data with limited acce ss” pertaining to the infringement; 
 (v) unfair competition set forth in Articl e 2, paragraph (1), item (xix) - use of a 
domain name pertaining to the infringement; and 
 (vi) unfair competition set forth in Article 2, paragraph (1), item (xxii) - use of a 
trademark pertaining to the infringement.  (4) The provisions of the preceding paragraph do not preclude a claim for 
compensation of damages exceeding the am ount prescribed in that paragraph. In 
such a case, if the person that infringe d on the business inte rests did not do so 
intentionally or through gross negligence, th e court may take this  into consideration 
in determining the amount of damages to be compensated. 
 (Presumption of a Person Using a Technical Secret they Acquired) Article 5-2 If any of the acts prescribed in A rticle 2, paragraph (1), item (iv), (v), or 
(viii) (limited to acts of acquiring trade secrets) have been conducted with regard to a 9 
 technical secret (limited to a technical secret regarding manufacturing methods or 
other information specified by Cabinet Orde r; the same applies hereinafter in this 
Article) and a person that has conducte d the act produces things through using 
technical secrets, or conducts other acts specified by Cabinet Order as that from 
which it can be clearly understood that  the technical secret has been used 
(hereinafter referred to as the "production, etc." in this Article), the person is 
presumed to have conducted production, e tc. as an act prescribed in each item 
(limited to acts of using trade secrets). 
 (Obligation to Clarify Specific Conditions) Article 6 In litigations involving the infr ingement of business interests through 
unfair competition, if the opponent denies the specific conditions  of the things or 
process which is being asserted by the pers on alleging that their business interests 
have been infringed on, or are likely to be infringed on by unfair competition, the 
opponent must clarify the specific conditions of their own actions; provided, however, 
that this does not apply when the opponent has adequate grounds for not being able to clarify this. 
 (Submission of Documents) 
Article 7 (1) In litigation involving the infringement of business interests due to unfair competition, the court may, on the motion of a party, order another party to 
submit any documents necessary for proving the act of infringement or calculating 
the amount of damages caused by the act of infringement; provided, however, that this does not apply if the holder of the do cuments has justifiable grounds for refusing 
to submit them. 
 (2) If the court finds it necessary for determining whether or not the documents 
concerning the motion under the main clause of the preceding paragraph fall within 
the scope of documents referred to in the main clause of the same paragraph or 
whether or not there are reasonable grounds as provided in the proviso to the same 
paragraph, it may have the holder of the do cuments present them. In such a case, no 
person may request the disclosure of the presented documents. 
 (3) In the case referred to in the precedin g paragraph, if the court finds it necessary 
to disclose the documents referred to in the second sentence of the preceding 
paragraph and to hear opinions with re gard to whether or not the documents 
concerning the motion under the main clause of paragraph (1) fall within the scope of documents referred to in the main clause of the same paragraph or whether or not 
there are reasonable grounds as provided in the proviso to the same paragraph, the 
court may disclose the documents to the pa rties, etc. (meaning the parties (or if a 
party is a corporation, its representative) or  the parties' agents (excluding counsel or 
assistants in court), employees, or other workers; the same a pplies hereinafter), 
their counsel, or their assistants in court. 
 (4) In the case referred to in paragraph (2), where the court finds it necessary to 
hear an explanation based on expert know ledge by disclosing the documents as 10 
 provided in the latter sentence of para graph (2), the court may disclose the 
documents to a technical advisor as prov ided in Part I, Chapter V, Section 2, 
Subsection 1 of the Code of Civil Procedur e (Act No. 109 of 1996), with the consent of 
the parties. 
 (5) The provisions of the preceding pa ragraphs apply mutatis mutandis to the 
presentation of the object of any inspection that is necessary for proving the act of infringement in litigation involving the infringement of business interests due to 
unfair competition. 
 (Expert Opinions for the Calculation of Damages) Article 8 In litigation involving the infrin gement of business interests due to unfair 
competition, if the court, at the request of a party, orders an expert opinion on the 
matters necessary for calculating damages caused by the act of infringement, the 
parties must explain the matters necessary  for forming an expert opinion to the 
expert. 
 (Determination of Reasonable Damages) Article 9 In litigation involving the infrin gement of business interests due to unfair 
competition, if the court finds that damage  has actually incurred but it is extremely 
difficult for the court to prove the facts ne cessary for proving the amount of damage 
due to the nature of the fa cts, the court may determine a reasonable amount for 
damages based on the entire purport of oral argument and the results of the 
examination of evidence.  (Confidentiality Protective Orders) 
Article 10 (1) In litigation involving the infringement of business interests due to 
unfair competition, if a prima facie showin g has been made that  trade secrets owned 
by a party to the litigation fall under both of the following grounds, the court may, at 
the request of the party and by means of a ruling, order a party, etc., counsel, or an 
assistant in court not to us e the trade secrets for any pu rpose other than conducting 
the litigation, or to disclose them to any person other than one subject to the order 
under this paragraph which relates to the tra de secrets; provided, however, that this 
does not apply if the party, etc., counsel, or assistant in court had already acquired or owned the trade secrets by means other t han the reading of the brief prescribed in 
item (i) or the examination or disclosure of evidence prescribed in the same item by 
the time at which the request was made:  (i) the trade secrets owned by the party is written in an al ready-submitted or a 
to-be-submitted brief, or is included in the contents of already-examined or 
to-be-examined evidence (including docu ments 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 secrets under the 
preceding item are likely to become hindered by the use of the trade secrets for any purpose other than those for conducting th e litigation or by the disclosure of the 
trade secrets, and it is necessary to restrict the use or disclosure of the trade secrets 11 
 in order to prevent this. 
 (2) A petition for the order under the pr eceding paragraph (hereinafter referred to 
as the "protective order") must be made  in writing and include the following 
particulars: 
 (i) the person to whom the protective order would be issued; 
 (ii) facts that are sufficient for identifyin g the trade secrets that  would be made the 
subject of the protective order; and 
 (iii) facts that fall within the grounds set forth in the respective items of the 
preceding paragraph.  (3) When issuing a protective order, the court must serve a written ruling on the 
person to whom the protective order has been issued. 
 (4) A protective order takes effect when a wr itten ruling is served on the person to 
whom the protective order has been issued. 
 (5) If the court dismisses a petition for a protective or der, the party may file an 
immediate appeal against the judicial decision.  (Rescission of Protective Orders) 
Article 11 (1) A person that filed a petition for a protective order or a person to whom 
a protective order has been issued may file a motion to rescind the protective order with the court where the case record is ke pt (when no such court exists, the court 
that issued the protective order) on the grounds that a requirement prescribed in the 
preceding Article, paragraph (1) has not been met or is no longer being met.  (2) When the court makes a judicial decisi on on a motion to rescind a protective 
order, it must serve a written ruling on the person that filed the motion and the 
opponent.  (3) An immediate appeal may be filed agai nst a judicial decision on the motion to 
rescind a protective order. 
 (4) A judicial decision to rescind a prot ective 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, a protective order for the protection of the trade secrets was issued against any person other than the 
person that filed the motion for the rescission of the protective order or the opponent, 
the court must immediately notify that person  of the judicial decision rescinding the 
protective order. 
 (Notice of Requests to Inspect Case Records) 
Article 12 (1) If a court has made a ruling under Article 92, paragraph (1) of the Code 
of Civil Procedure with regard to the case record in a litigation in which a protective 
order has been issued (excluding a litigatio n in which all the protective orders have 
been rescinded), and a party has requested to inspect, e tc. a portion of the record 
that contains the secret prescribed under the same paragraph, if the person that 
followed the procedures for filing the requ est has not had a protective order issued 12 
 against them in the litigati on, the court clerk must, im mediately after the request 
has been filed, notify the party that fi led the motion under the same paragraph 
(excluding the person filing the request; the same  applies in paragrap h (3) of the fact 
that the request has been filed). 
 (2) In a case referred to in the precedin g paragraph, the court clerk must not allow 
the person that followed the procedures for filing the request under the same paragraph to inspect, etc. the part of the record that contains the secret under the 
same paragraph until two weeks have elapsed since the date of the request (if a 
petition is filed for a protective order agai nst the person that followed the procedures 
for filing the request on or before the da te, until the date on which the judicial 
decision on the motion becomes final and binding). 
 (3) The provisions of the preceding two paragraphs do not apply if there is consent among all parties that have filed a motion  under Article 92, paragraph (1) of the 
Code of Civil Procedure to allow the pers on that filed the request under paragraph 
(1) to inspect, etc. th e part of the record that contains the secret. 
 (Suspension of the Open Examination of 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 for determining 
the presence or absence of the infringement and falls under trade secrets held by the 
party, and if the court, by the unanimous co nsent of the judges, finds that the party, 
etc. is unable to give a sufficient statemen t regarding the matter because it is clear 
that giving a statement regarding the ma tter in open court would significantly 
hinder the party's business a ctivities based on the trade  secrets, and that, without 
the statement by the party, etc., the court will be unable to make the appropriate 
judicial decision solely from other evidence on the presence or absence of the 
infringement of business interests due to unfair competition which should be made 
based on the determination of the matter,  the court may, rule to conduct an 
examination on the matter without opening it to the public. 
 (2) The court must hear the opinions of the parties, etc. in advance before making the ruling under the preceding paragraph. 
 (3) In the case referred to in the preceding paragraph, if the court finds it necessary, 
it may order a party, etc. to present a do cument that outlines the matters to be 
stated. In such a case, no person may request the 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 cou rt may disclose the document to the person. 
 (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 must make a statement to that 
effect along with the reason therefor to the members of the public before having 13 
 them leave the courtroom. When  the examination on the ma tter ends, the court must 
allow the members of the public  to re-enter the courtroom. 
 (Measures to Restore Business Reputation) Article 14 Upon the request of a person whose business reputation has been harmed, 
the court may order the person that has intentionally or negligently engaged in 
unfair competition and thereby injured the business reputation of that person to 
take the necessary measures for restoring th e business reputation of that person, in 
lieu of or in addition to compensation of damages. 
 (Extinctive Prescription) Article 15 The right to claim the suspension or prevention of infringement under the 
provisions of Article 3, paragraph (1), ag ainst the act of using trade secrets among 
the acts of unfair competition set forth in Article 2, paragraph (1), items (iv) through 
(ix), is extinguished by prescription if the person conducting the act does so 
continuously and the trade secret owne r whose business interests have been 
infringed or are likely to be infringed on by  the act does not exe rcise the right within 
three years from the time when the person comes to know of the fact and the identity 
of the person conducting the act. The sa me applies when twenty years have elapsed 
from the time the act began.  (2) The provisions of the preceding para graph apply mutatis mutandis to the right 
to claim the suspension or prevention of infringement under the provisions of Article 
3, paragraph (1), against the act of using “shared data with limited access” among the acts of unfair competition set forth in Article 2, paragraph (1), items (xi) through 
(xvi). In this case, the term “the trade se cret owner” in the preceding paragraph will 
be replaced with “the owner of “s hared data with limited access”” 
Chapter III Acts Prohibited pursuant to International Agreements 
 (Prohibition on the Commercial Use of the National Flag of Foreign States) 
Article 16 (1) No person may use anything t hat is identical or similar to a foreign 
state's national flag, coat of  arms, or any other emblem specified by Order of the 
Ministry of Economy, Trade and Industry as their trademark (h ereinafter referred to 
as the "foreign state's national flag, etc.") (such identical or similar items are hereinafter referred to  as the "emblems similar to a foreign state's national flag, 
etc."), nor may any person tra nsfer, deliver, display for the purpose of transfer or 
delivery, export, import, or provide through a telecommunications line goods that use 
an emblem similar to a foreign state's nat ional flag, etc. as their trademark, or 
provide services while using an emblem similar to a foreign state's national flag, etc. 
as a trademark; provided, however, that th is does not apply when permission has 
been obtained from the government agency of the foreign state that is authorized to 
grant permission (including an administrative disposition similar to permission; the 
same applies hereinafter) for use of the foreign state's national flag, etc.  (2) Beyond what is prescribed in the preceding paragraph, no person may use a 
foreign state's coat of arms specified by Or der of the Ministry of Economy, Trade and 14 
 Industry which is referred to in the prec eding paragraph (hereinafter referred to as 
the "coat of arms of a foreign state") in a m anner that is likely to mislead as to the 
place of origin of goods; nor may any person transfer, deliver, display for the purpose of transfer or delivery, export, import or provide through a tele communications line 
goods that use the coat of arms of a foreig n state; or provide services while using the 
coat of arms of a foreign state in the same manner; provided, however, this does not apply when permission has been obtained from the government agency of the foreign 
state that is authorized to grant permission to  use the coat of arms of a foreign state. 
 (3) No person may use anything that is iden tical or similar to the seal or sign that 
the national or local government of a foreign state uses for supervision or 
certification purposes which is specified by  Order of the Ministry of Economy, Trade 
and Industry (hereinafter refe rred to as the "official mark ings of a foreign national 
government, etc.") (such iden tical or similar items are hereinafter referred to as the 
"official markings similar to that of a foreign national government, etc.") as a 
trademark on goods or for services that are identical or similar to goods or services 
for which the official marking of a foreign national government, etc. is used; nor 
transfer, deliver, display for the purpose of  transfer or delivery, export, import or 
provide through a telecommunications line,  goods that use an official marking 
similar to that of a foreign national govern ment, etc. as their trademark or provide 
services while using an official marking similar to that of a foreign national 
government, etc. as a trademark; provided, however, that this does not apply when 
permission has been obtained from the gove rnment agency of the foreign state that 
is authorized to grant permission for use of the official marking of a foreign national 
government, etc.  (Prohibition of the Commercial Use of Ma rkings of International Organizations) 
Article 17 No person may use anything that  is identical or similar to a marking 
representing an international organiza tion (meaning an intergovernmental 
international organization or an equivalent  organization specified by Order of the 
Ministry of Economy, Trade and Industry ; the same applies he reinafter in this 
Article) which is specified by Order of th e Ministry of Economy, Trade and Industry 
(such identical or similar items are herei nafter referred to as the "markings similar 
to that of an international organization") as  a trademark, in a manner that is likely 
to mislead as to the existence of a relation ship with that international organization; 
or transfer, deliver, display for the purpos e of transfer or delive ry, export, import or 
provide through a telecommunica tions line, goods that use markings similar to that 
of an international organization as their trademark or provide services while using 
markings similar to that of an internat ional organization as a trademark, in the 
same manner; provided, however, that this does not apply when the permission of 
the relevant international organization has been obtained.  (Prohibition against the Provision of Wron gful Gains to Foreign Public Officials) 
Article 18 (1) No person may give, or offer or promise to give, any money or other 15 
 benefit to a foreign public official, etc. in  order to have them act or refrain from 
acting in relation to the perf ormance of official duties, or in order to have the foreign 
public officials, etc., use thei r position to influence another foreign public official, etc. 
to act or refrain from acting in relation to  the performance of official duties, in order 
t o  m a k e  a n y  w r o n g f u l  g a i n  i n  b u s i n e s s  with regard to international commercial 
transactions.  (2) The term "foreign public official, etc." as used in the preceding paragraph means 
any of the following persons: 
 (i) any person that engages in public service for national or local foreign governments; 
 (ii) any person that engages in the business affairs of an entity established under 
foreign special laws to carry out specific business affairs in the public interest;  (iii) any person that engages in the business affairs of an enterprise in which one or 
more of the national or local governments of foreign states directly owns a number of 
voting shares or an amount of capital subscription that exceeds 50 percent of that enterprise's total issued voting shares or total amount of capital subscription, or in 
which the majority of the officers (meani ng 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 foreign 
governments, and to which sp ecial 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 Cabinet Order as an equivalent person; 
 (iv) any person that engages in public services for an international organization 
(meaning an international organization which is formed by governments or intergovernmental international organizations); or 
 (v) any person that engages in the business affairs under the authority of the 
national or local government of a foreign state or an international organization and 
is delegated by them. 
Chapter IV Miscellaneous Provisions 
 (Exclusion from Application) Article 19 (1) The provisions of Articles 3 through 15, Article 21 (excluding the part 
under Article 21, paragraph (2), item (vii)), and Article 22 does not apply to the acts 
prescribed in each of the following items fo r the classification of unfair competition 
set forth in the relevant item: 
 (i) unfair competition set forth in Article 2,  paragraph (1), items (i), (ii), (xx), and 
(xxii): the act of using or indicating a ge neric 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 or business (hereinafter collectively referred to as a "generic term, etc.") in the way that this is normally done, 
or the act of transferring, delivering, di splaying for the purpose of transfer or 16 
 delivery, exporting, importing, or providing through a telecommunications line goods 
that use or indicate a generic name in the way that this is normally done (including 
the act of providing services while indicating or using a ge neric term, etc. in the way 
that this is normally done, in the case of  unfair competition set forth in items (xx) 
and (xxii) of the same paragraph); 
 (ii) unfair competition set forth in Article 2,  paragraph (1), items (i), (ii), and (xxii): 
the act of using one's own name with no wrongful purpose (meaning the purpose of 
making any wrongful gain, the purpose of causing damage to others, or any other 
wrongful purpose; the same applies he reinafter), or the act of transferring, 
delivering, displaying for the purpose of tra nsfer or delivery, 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 set forth in the same 
items); 
 (iii) unfair competition set fo rth in Article 2, paragraph (1 ), item (i): the act by a 
person that has used an indication of goods or business that is identical or similar to 
another person's indication of goods or business, since before the other person's 
indication of goods or business became well-known among consumers; or by a person that has succeeded to a business regarding the indication of goods or business , of 
using the indication of goods or business with no wrongful purpose, or in 
transferring, delivering, displa ying for the purpose of transfer or delivery, exporting, 
importing, or providing through a telecommunications line goods that use the 
indication of goods or business with no wrongful purpose; 
 (iv) unfair competition set forth in Article 2, paragraph (1), item (ii) - the act by a 
person that has used an indication of goods or business that is identical or similar to 
another person's indication of goods or business, since before the other person's 
indication of goods or business became famous; or by a person that has succeeded to a business regarding the indication of goods or business, in using the indication of 
goods or business with no wrongful pu rpose, or in transferring, delivering, 
displaying for the purpose of transfer or delivery, exporting, importing, or providing 
through a telecommunications line goods that use the indication of goods or business 
with no wrongful purpose; 
 (v) unfair competition set forth in Articl e 2, paragraph (1), item (iii): any of the 
following acts: 
 (a) the act of transferring, leasing, displa ying for the purpose of transfer or lease, 
exporting or importing goods that imitate the configuration of goods for which three 
years have elapsed since the date they were first sold in Japan; or 
 (b) the act by a person that has received  goods that imitate the configuration of 
another person's goods through transfer (lim ited to a person that, at the time of 
receiving the goods through transfer, was wi thout knowledge that the goods imitated 
the configuration of another person's goods,  and was without gross negligence in not 17 
 knowing the fact) in transferring, leasing, displaying for the purpose of transfer or 
lease, exporting, or importing the goods;  (vi) unfair competition set forth in Article 2, paragraph (1), items (iv) through (ix) - 
the act by a person that has acquired trade  secrets through a trans action (limited to 
a person that, at the time of acquiring th e trade secrets, was without knowledge that 
the disclosure of the trade se crets was an act of improper disclosure of trade secrets 
or that there had been an intervening act of wrongful acquisition of trade secrets or 
an act of improper disclosure of trade secre ts with regard to t hat trade secrets, and 
was without gross negligence in not knowin g the fact), of using or disclosing the 
trade secrets within the scope of ti tle acquired through the transaction; 
 (vii) unfair competition set fo rth in Article 2, paragraph (1), item (x) - the act of 
transferring, delivering, displa ying for the purpose of transfer or delivery, exporting, 
importing or providing through a telecommu nications line things created by the act 
of using trade secrets after the rights pr escribed in Article 15, paragraph (1) have 
extinguished pursuant to the same paragraph;  (viii) unfair competition set forth in Articl e 2, paragraph (1), items (xi) through (xvi) 
- any of the following acts: 
 (a) the act by a person that has acquired  “shared data with limited access” through 
a transaction (limited to a person that, at the time of acquiring the “shared data with 
limited access”, was without knowledge that the disclosure of the “shared data with 
limited access” was an act of improper disclo sure of “shared data with limited access” 
or that there had been an intervening act of wrongful acquisition of “shared data 
with limited access” or an act of improper disclosure of “shared data with limited 
access” with regard to that “shared data with limited access”), of disclosing the 
“shared data with limited a ccess” within the scope of title acquired through the 
transaction; or 
 (b) the act of acquiring “shared data with  limited access” in which the information 
accumulated in a reasonable amount is the same as any information that has been 
made available to the public without compensation, or the act of using or disclosing 
such acquired “shared data with limited access”;  (ix) unfair competition set fo rth in Article 2, paragraph (1 ), items (xvii) and (xviii) - 
the act of transferring, delivering, displayi ng for the purpose of transfer or delivery, 
exporting, importing, a device  prescribed in items (xvii) and (xviii) of the same 
paragraph, a recording medium on which a program or code prescribed in those 
items has been recorded or a machine on which a program or co de prescribed in the 
same items has been stored, which is used for testing or research for technological 
restriction measures; or the act of prov iding the program or the code through a 
telecommunications line; or th e act of providing a service prescribed in those items, 
which is conducted for testing or research  on technological restriction measures. 
 (2) A person whose business interests have been infringed or are likely to be 
infringed through any of the acts set forth in item (ii) or (iii) of the preceding 18 
 paragraph may request the pers on specified in each of the following items for the 
classification of acts set fo rth in the relevant item, to use an appropriate indication 
in order to prevent confusion wi th their own goods or business: 
 (i) acts set forth in item (ii) of the pr eceding paragraph: the person using their own 
name (including the person that persona lly assigns, delivers, displays for the 
purpose of transfer or delivery, export s, imports, or provides through a 
telecommunications line goods that use their own name); or 
 (ii) acts set forth in item (iii) of th e preceding paragraph: the person using the 
indication of goods or business that is iden tical or similar to othe r person's indication 
of goods or business, and the person that has succeeded to a business regarding the 
indication of goods or business (including the person that personally assigns, 
delivers, displays for the purpose of transfer or delivery, exports, imports or provides through a telecommunications line, goods that use the indication of goods or 
business). 
 (Delegation to Cabinet Order) Article 19-2 (1) Beyond what is provided for in this Act, matters necessary for the 
adjustment of procedures between preservati on for confiscation and a disposition of 
delinquency that relate to disposition of de linquency are specified by Cabinet Order. 
 (2) Beyond what is provided for in th is Act, matters necessary for procedures 
concerning intervention of a third party and a judicial decision under Article 32, 
procedures concerning preservation of confis cation and preservation of collection of 
equivalent value under Chapter VIII, and pr ocedures for international mutual legal 
assistance under Chapter IX (excluding  matters prescribed in the preceding 
paragraph) are specified by the Rules of the Supreme Court.  (Transitional Measures) 
Article 20 If Cabinet Orders or Orders of the Ministry of Economy, Trade and 
Industry pursuant to the provisions of this Act are enacted, revised, or abolished, the 
Cabinet Order or Ministerial Order may, to the extent deemed reasonably necessary 
for the enactment, revision or abolitio n, specify required transitional measures 
(including transitional measures concerning penal  provisions). 
Chapter V Penal Provisions 
 (Penal Provisions) 
Article 21 (1) A person that falls under any of the following items will be punished by imprisonment with required labor for not more than ten years, a fine of not more 
than twenty million yen, or both: 
 (i) a person that acquires trade secrets through an act of fraud, etc. (meaning the 
act of deceiving, assaulting, or intimida ting a person; the same applies in the 
following item) or through the usurpation of management (meaning the act of 
stealing assets, breaking into a facility,  making unauthorized access (meaning the 
act of unauthorized access prescribed in Article 2, paragraph (4) of the Unauthorized 
Computer Access Act (Act No. 128 of 1999)), or in any other way prejudicing the 19 
 management that the trade secret owner maintains; the same applies in the 
following item) for the purpose of wrongful gain or causing damage to the trade secret owner;  (ii) a person that uses or discloses trade  secrets acquired thro ugh an act of fraud, 
etc. or through the usurpation of management, for the purpose of wrongful gain or 
causing damage to th e trade secret owner; 
 (iii) a person to whom the trade secret owner has disclosed trade secrets, and who, 
for the purpose of wrongful gain or ca using damage to the trade secret owner, 
obtains trade secrets by any of the following means, in breach of the legal duties regarding the management of the trade secrets; 
 (a) misappropriating a recording medium co ntaining trade secrets, etc. (meaning a 
document, a drawing, or a recording medium on which trade secrets are described or recorded; the same applies he reinafter in this item) or an object that represents 
trade secrets; 
 (b) reproducing a description or a record from a recording medi um containing trade 
secrets, etc., or an object t hat represents trade secrets; 
 (c) not deleting a descriptio n or a record that should be deleted from a recording 
medium containing trade secrets, etc., and disg uising this act as if the description or 
record in the recording medi um containing the trade secre ts, etc. had been deleted. 
 (iv) a person to whom th e trade secret owner has disc losed the trade secrets and 
who, for the purpose of wrongful gain or causing damage to th e trade secret owner, 
uses or discloses trade secrets obtained through the means set forth in "a" through 
"c" of the preceding item, in breach of the legal duty regarding the management of 
the trade secrets;  (v) a person that is the officer (meaning a council member, director, executive officer, 
executive member, inspector or auditor, or other equivalent person; the same applies 
in the following item) or employee of the trade secret owner, to whom the trade secret owner has disclosed th e trade secrets and who, fo r the purpose of wrongful 
gain or causing damage to the trade secret ow ner, uses or discloses the trade secrets, 
in breach of the legal duty regarding the management of the trade secrets (excluding 
the person set forth in the preceding item); 
 (vi) a person that was the officer or employ ee of the trade secret owner, to whom the 
trade secret owner had disclose d trade secrets and who, fo r the purpose of wrongful 
gain or causing damage to the trade secret owner, has offered to disclose the trade 
secrets, or received a request to use or di sclose the trade secrets , while holding that 
position, in breach of the legal duty rega rding the management of the trade secrets, 
and uses or discloses it after leaving that position (excluding the person set forth in 
item (iv)); 
 (vii) a person that, for the purpose of wron gful gain or causing damage to the trade 
secret owner, uses or disclose s trade secrets acquired by a disclosure that constitutes 
an offence prescribed in item (ii) or the preceding three items or paragraph (3), item 20 
 (ii) (limited to the part regarding a disclo sure that constitutes an offence prescribed 
in item (ii) and the preceding three items);  (viii) a person that, for th e purpose of wrongful gain or causing damage to the trade 
secret owner, uses or discloses trade secrets acquired, knowing that there has been 
an intervening disclosure that constitutes an offence prescribed in item (ii) or items 
(iv) through the preceding item or paragraph (3), item (ii) (limited to the part regarding a disclosure that constitutes an offe nce prescribed in item (ii) or items (iv) 
through the preceding item); or 
 (ix) a person that, for the purpose of wron gful gain or causing damage to the trade 
secret owner, assigns, delivers, displays for the purpose of transfer or delivery, 
exports, imports, or provides through a tele communications line things created by an 
act conducted by the same person or an other person that constitutes an offence 
prescribed in item (ii) or items (iv) through the preceding item or paragraph (3), item 
(iii) (limited to an act of using a technical se cret; hereinafter referr ed to as an "act of 
illegal use" in this item and paragraph (1), item (ii) of the following Article) (excluding a person that has received th e things by transfer without knowing that 
the things were created by an act of ille gal use and transferred, delivered, displayed 
for the purpose of transfer or delivery, ex ported, imported, or provided through a 
telecommunications line). 
 (2) A person that falls under any of the following items will 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 that, for a wrongful purpose,  commits any act of unfair competition set 
forth in Article 2, paragraph (1), item (i) or (xx);  (ii) a person that, for the purpose of wron gful gain through the use of the reputation 
or fame of another person's famous indication of goods or business, or for the purpose 
of injuring the reputation or fame, commits  any act of unfair competition set forth in 
Article 2, paragraph (1), item (ii); 
 (iii) a person that, for the purpose of wrongful gain, commits any act of unfair 
competition set forth in Article 2, paragraph (1), item (iii); 
 (iv) a person that, for the purpose of wr ongful gain, or for the purpose of causing 
damage to another person that is using te chnological restriction  measures for their 
business purposes, commits any act of unfa ir competition set forth in Article 2, 
paragraph (1), item (xvii) or (xviii); 
 (v) a person that makes a false indication on goods or services or in an 
advertisement thereof or in trade document s, or electronic correspondence, that is 
likely to mislead as to the place of orig in, quality, contents, manufacturing process, 
purpose, or quantity of the goods, or the quality, contents, purpose, or quantity of the 
services (excluding a person set forth in item (i));  (vi) a person that violates a protective order; or 
 (vii) a person that violates any of the provisions of Article 16, 17, or 18, paragraph 21 
 (1). 
 (3) A person that falls under any of the following items will be punished by imprisonment with work for no t more than ten years, a fine  of not more than thirty 
million yen, or both: 
 (i) a person that commits offences prescribed in paragraph (1), item (i) or (iii) for the 
purpose of use outside Japan;  (ii) a person that makes a disclosure that constitutes offences prescribed in 
paragraph (1), item (ii) or items (iv) th rough (viii) knowing that the receiving party 
has the purpose of use outside Japan that constitutes the offences; or  (iii) a person that uses trade secrets of  the trade secret owner conducting business 
within Japan in a way that constitutes offences outside Japan prescribed in 
paragraph (1), item (ii) or items (iv) through (viii).  (4) An attempt of offences prescribed in  paragraph (1) (excluding item (iii)) and 
items (i) (excluding the part re garding paragraph (1), item (iii)), (ii), and (iii) of the 
preceding paragraph will be punished.  (5) The offences prescribed in paragraph (2), item (vi) may not be prosecuted 
without a complaint. 
 (6) The offences prescribed in each item of paragraph (1) (excluding item (ix)), paragraph (3), item (i) or (ii) or pa ragraph (4) (excluding the part regarding 
paragraph (1), item (ix)) also apply to a person that commits the offences outside 
Japan in connection with trade secrets of the trade secret owner conducting business 
within Japan. 
 (7) The offence prescribed in paragraph (2), item (vi) also applies to a person that 
commits the offence outside Japan.  (8) The offence prescribed in paragraph (2), item (vii) (limited to the part under 
Article 18, paragraph (1)) will  be governed by Article 3 of the Penal Code (Act No. 45 
of 1907).  (9) The provisions of paragraphs (1) thro ugh (4) do not preclude the application of 
penal provisions under the Pe nal Code or any other Act. 
 (10) The assets set forth in the following items may be confiscated: 
 (i) assets resulting from or acquired by means of a criminal acts, or acquired as 
reward for the criminal acts which constitu te the offences prescribed in paragraphs 
(1), (3), and (4); and  (ii) assets acquired as profits from the assets set forth in the preceding item, assets 
acquired as consideration for the assets set forth in the same item, assets received in 
exchange for such assets, and  other assets acquired pursuant to the holding or 
disposition of the assets se t forth in the same item. 
 (11) The provisions of Articles 14 and 15 of the Act on Punishment of Organized 
Crime and Control of Crime Proceeds (Act No. 136 of 1999; hereinafter referred to as the "Organized Crime Punishment Act") appl y mutatis mutandis to the confiscation 
under the preceding paragraph. In such a case, "each item of paragraph (1) or each 22 
 item of paragraph (4) of the preceding Article" in Article 14 of the Organized Crime 
Punishment Act will be replaced with "each item of Article 21, paragraph (10) of the 
Unfair Competition Prevention Act".  (12) When the assets set forth in each it em of paragraph (10) cannot be confiscated 
or it is deemed inappropriate to confis cate the assets due to their nature, the 
condition of its use, existence or non-existe nce of rights of any person other than the 
offender regarding the assets or other ci rcumstances, the equivalent value thereof 
may be collected from the offender. 
Article 22 (1) When the representative of a corporation, or the agent, employee, or other worker of a corporation or of any pe rson has committed a vi olation set forth in 
any of the provisions of the following it ems with regard to the business of the 
corporation or the person, in addition to the offender being subject to punishment, the corporations will be punished by the fi ne prescribed in the relevant items, and 
the person will be punished by the fi ne prescribed in the relevant Article: 
 (i) paragraph (3), item (i) of the preced ing Article (limited to the part regarding 
paragraph (1), item (i) of the same Arti cle), (ii) (limited to the part regarding 
paragraph (1), items (ii), (vii), and (viii) of  the same Article), or (iii) (limited to the 
part regarding paragraph (1), items (ii), (vii ), and (viii) of the same Article) or 
paragraph (4) (limited to the part regarding paragraph (3), item (i) (limited to the 
part regarding paragraph (1), item (i) of the same Article), (ii) (limited to the part 
regarding paragraph (1), items (ii), (vii), and (viii) of the same Article) and (iii) 
(limited to the part regarding paragraph (1), items (ii), (vii), and (viii) of the same 
Article) of the same Article) of the same A rticle - a fine not more than one billion yen; 
 (ii) paragraph (1), item (i), (ii), (vii), (v iii), or (ix) (excluding cases where a person 
that has committed an act of illegal use concerning the offences prescribed in items 
(iv) through (vi) of the same paragraph or paragraph (3), item (iii) of the preceding 
Article (limited to the part regarding paragr aph (1), items (iv) through (vi) of the 
same Article) (hereinafter refe rred to as a "specified act of  illegal use" in this item 
and paragraph (3)) falls under the category) or paragraph (4) (limited to the part 
regarding paragraph (1), item (i), (ii), (v ii), (viii), or (ix) of the same Article 
(excluding cases where a person that has committed a specified act of illegal use falls 
under the category)) of the same Article - a fine not more than five hundred million 
yen;  (iii) paragraph (2) of the preceding Arti cle - a fine not more than three hundred 
million yen. 
 (2) In a case referred to in the preced ing paragraph, a complaint prescribed in 
paragraph (5) of the preceding Article which is filed against the offender for an 
offence prescribed in paragraph (2), item (vi)  of the same Article also has effect with 
respect to the corporation or the pers on, and a complaint filed against the 
corporation or the person also has effect with respect to the offender. 
 (3) The period of prescriptio n for the punishment by fine to which a corporation or 23 
 person is subject pursuant to  the provisions of paragraph (1) in regard to violation 
under paragraph (1), item (i), (ii), (vii), (vi ii), or (ix) (excluding cases where a person 
that has committed a specified act of illega l use falls under the category), paragraph 
(2), paragraph (3), item (i) (limited to th e part regarding paragraph (1), item (i) of 
the preceding Article), (ii) (limited to the pa rt regarding paragraph (1), item (ii), (vii), 
or (viii) of the same Article), or (iii) (limited to the part regarding paragraph (1), item (ii), (vii), or (viii) of the same Article) or  paragraph (4) (limited to the part regarding 
paragraph (1), item (i), (ii), (vii), (viii), or (ix) of the same Article (excluding cases 
where a person that has committed a specified act of illegal use falls under the category) or paragraph (3), item (i) (limited  to the part regarding paragraph (1), item 
(i) of the same Article), (ii) (limited to the part regarding paragraph (1), item (ii), (vii), 
or (viii) of the same Article), or (iii) (limited to the part regarding paragraph (1), item (ii), (vii), or (viii) of the same Article) of the same Article) of the same Article, is the 
same as that for the offenc es referred to in the provis ions of the same Article. 
Chapter VI Special Provisions on Criminal Proceedings  (Protective Ruling s for Trade Secrets) 
Article 23 (1) When the court is handling a case involving a crime prescribed in 
Article 21, paragraph (1), (3) or (4) or a crime prescribed in paragraph (1) of the 
preceding Article (excluding item (iii)), th e victim, the victim's statutory agent, or 
the attorney entrusted by either of these persons files a petition not to reveal a 
matter in open court that will identify al l or part of the information that constitutes 
the trade secrets regarding the case, and the court finds it to be appropriate, upon 
hearing the opinions of the accused or de fense counsel, the court may rule that the 
matters will not be revealed in open  court, and set the scope for this. 
 (2) The petition referred to in the preced ing paragraph must be made to the public 
prosecutor in advance. In such a case, the public prosecutor is to 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 public 
prosecutor, the accused, or defense counsel files a petition to not reveal a matter in 
open court that would allow all or part of  the information that constitutes trade 
secrets held by the accused or  other persons to be identifi ed, if the court finds that 
the matter is indispensable as proof of the offence or for the defense of the accused 
but that there is a risk that revealing th e matter in open court would significantly 
hinder the accused's or other persons' bus iness activities that are based on trade 
secrets, and if the cou rt finds it to be appropriate, upon hearing the opinions of the 
opponent, the court may rule t hat the matters will not be re vealed in open court, and 
set the scope for this. 
 (4) When the court has made a ruling pr escribed in paragraph (1) or the preceding 
paragraph (hereinafter referred to as a "pro tective ruling"), and the court finds it to 
be necessary, upon hearing the opinions of the public prosecutor and the accused or 
defense counsel, the court ma y decide, in a ruling, on a term of address or other 24 
 expression, to use in lieu of the name or ot her expression for the matter that allows 
trade secrets to be identified ("matter t hat allows trade secrets  to be identified" 
means a matter that allows all or part of  the information that constitutes trade 
secrets to be identified, wh ich will not be revealed in  open court pursuant to a 
protective ruling; the sa me applies hereinafter). 
 (5) If the court has issued a protective ruling but has come to find that it is 
inappropriate for the matter that allows tra de secrets to be identified not to be 
revealed in open court, or the case has no longer come under the case prescribed in 
paragraph (1) because applicable penal statutes have been withdrawn or altered pursuant to Article 312 of the Code of Criminal Procedure (Act No. 131 of 1948), the 
court must in a ruling rescind all or part of the protective ruling and the all or part of 
the ruling prescribed in the preceding para graph regarding the protective ruling 
(hereinafter referred to as a "ruling on a term of address, etc.") . 
 (Special Provisions on the Manner of Reading Out Charging Instruments) 
Article 24 If a protective ruling has been  issued, the charging instrument must be 
read out, under Article 291, paragraph (1) of the Code of Criminal Procedure, in a 
manner that does not reveal the matter that allows trade secrets to  be identified. In 
this case, the public prosecutor must show  the charging instrument to the accused. 
 (Limiting Examinations) 
Article 25 (1) If a protective ruling has be en issued and examinations or statements 
by persons concerned in the case include the matter that allows trade secrets to be 
identified, unless limiting the examinations or statements could materially interfere 
with proof of the offence or could be substantially detrimental to the defense of the 
accused, the presiding judge may limit the questions or statements. The same applies to questions for the accused by persons concer ned in the case. 
 (2) The provisions of Article 295, paragraphs (5) and (6) of the Code of Criminal 
Procedure apply mutatis mutandis when the public prosecutor or attorney acting as defense counsel has disobeyed an order under the provisions of the preceding 
paragraph. 
 (Examination of Witnesses on Days Other Than Trial Dates) Article 26 (1) When the court has issued a protective ruling, if the court examines a 
witness, expert, interpreter, or translato r, or if the accused makes a statement 
voluntarily; and, upon hearing the opinions of the public prosecutor and the accused 
or defense counsel, the court finds that there is a risk that examinations or 
statements of the witness, the expert, the in terpreter, or the translator, or questions 
for the accused or statements of the accu sed will include matters  that allow trade 
secrets to be identified and that reve aling the matters in open court would 
significantly hinder the victim's, accused's,  or other persons' business activities 
based on the trade secrets; and the court find s that doing so is unavoidable in order 
to prevent the risk, the court may condu ct the examination or the proceedings for 
asking the accused questions provided in Article 311, paragraphs (2) and (3) of the 25 
 Code of Criminal Procedure on a day other than a trial 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 apply mutatis mutandis to the proceedings for 
asking for a statement of the accused under the provisions of the preceding 
paragraph. In this case, the phrase "the accused or defense co unsel" in Article 157, 
paragraph (1), Article 158, paragraph (3) and Article 159, paragraph (1) of the Code 
of Criminal Procedure will be replaced with "defense counsel, the co-defendants, or 
their defense counsel"; "the accused and de fense counsel" in Article 158, paragraph 
(2) of the same Code will be replaced with "defense counsel, the co-defendants, and 
their defense counsel"; "the trial date" in Article 273, paragraph (2) of the same Code 
will be replaced with "the date of the proceedings for asking statements of the accused under the provisions of Article 26,  paragraph (1) of the Unfair Competition 
Prevention Act"; "the trial date" in Article 274 of the same Code will be replaced with 
"the date, time, and location of the proceedi ngs for asking statements of the accused 
under the provisions of Article 26, paragraph (1) of the Unfair Competition 
Prevention Act"; "documents which cont ain the results of the examination of 
witnesses or other persons, inspections, seizure or search, and objects seized" in Article 303 of the same Code  will be replaced with "documents which contain the 
results of the proceedings for asking statem ents of the accused under the provisions 
of Article 26, paragraph (1) of the Un fair Competition Prevention Act"; and 
"documentary or material evidence" in th e same Article will be replaced with 
"documentary evidence". 
 (Order to Produce or Show Documents that Outline Matters for Examination) 
Article 27 If the court finds it to be necessar y in issuing a ruling on a term of address, 
etc. or in deciding that the examination or the proceedings for asking statements of 
the accused will be conducted on a day other than a trial date pursuant to the 
provisions of the preceding Article, para graph (1), the court may order the public 
prosecutor and the accused or defense coun sel to produce a document that outlines 
the matters involved in the examination or statements to be made by the persons concerned in the case or th e questions for the accused. 
 (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, under the provisions of Article 305 paragraph (1) or (2) of the Code of 
Criminal Procedure, in a manner that does  not reveal the matte r that allows trade 
secrets to be identified.  (Rulings in Pretrial Conference Procedures) 
Article 29 The following acts may be taken in pretrial conference procedures and 
interim conference procedures:  (i) a protective ruling, a ruling on a term of address, etc., or a ruling rescinding 
these rulings; or 26 
  (ii) a decision that the examination or the proceedings for asking statements of the 
accused will be conducted on a day other t han a trial date pursuant to the provisions 
of Article 26, paragraph (1).  (Requests for Protective Handling of Trade Secrets in the Disclosure of Evidence) 
Article 30 (1) If the public prosecutor or defense counsel finds that, in providing an 
opportunity to inspect documentary or materi al evidence pursuant to the provisions 
of Article 299, paragraph (1) of the Code of  Criminal Procedure in a case prescribed 
in Article 23, paragraph (1), there is a risk  that revealing a matter that allows all or 
part of the information that constitutes trade secrets to be identified as prescribed in 
Article 23, paragraph (1) or (3) would signif icantly hinder the victim's, accused's, or 
other persons' business activities based on the trade secrets, the public prosecutor or 
defense counsel may notify the opponent  of this risk and request that the 
opportunity be provided in such a way th at the parties concerned (including the 
accused) do not learn of th e matters, unless the same ma tters are necessary for proof 
of the offence or investigation of the offence, or for the defense of the accused; provided, however, that for a request that the opportunity be provided in such a way 
that the accused does not learn of the matters , this is limited sole ly to matters that 
are not written in the charging instrument.  (2) The provisions of the preceding paragraph apply mutatis mutandis if the public 
prosecutor or defense counsel discloses evidence under the provisions of Part II, 
Chapter III, Section 2, Subsection 1, Division 2 of the Code of Criminal Procedure (including as applied mutatis mutandis pursuant to the provisions of Article 316-28, 
paragraph (2) of the same Code). 
 (Delegation to Rules of the Supreme Court) Article 31 Beyond what is provided for in this Act, matters necessary for the 
enforcement of the provisions referred to in Article 23 through the preceding Article 
are specified by Rules of the Supreme Court. Chapter VII Special Provisions on Pr ocedures Concerning Confiscation 
 (Procedures for Confiscation of Assets of Third Parties) 
Article 32 (1) If a claim, etc. (meaning assets other than real assets and movables; the same applies in Article 34)  which are the assets set forth  in each item of Article 
21, paragraph (10) belongs to a person other than the accused (hereinafter referred 
to as a "third party" in this Article), and th e third party is not al lowed to participate 
in the proceedings of the case under public prosecution, a judicial decision for 
confiscation may not be made. 
 (2) The provisions of the preceding paragraph also apply if the assets on which there exists superficies, a mortgage, or an y other rights of a third party are to be 
confiscated pursuant to the provisions of Article 21, paragraph (10) and the third 
party is not allowed to parti cipate in the proceedings of the case under public 
prosecution. 
 (3) The provisions of Article 18, paragrap hs (3) through (5) of the Organized Crime 27 
 Punishment Act apply mutatis mutandis to  cases where the assets on which there 
exists superficies, a mortgage, or any ot her rights of a third party are to be 
confiscated and the relevant rights shou ld continue to exist pursuant to the 
provisions of Article 15, paragraph (2) of  the Organized Crime Punishment Act as 
applied mutatis mutandis pursuant to Article 21, paragraph (11). 
 (4) Beyond the matters otherwise provided by  this Act, the provisions of the Act on 
Emergency Measures in Criminal Procedur e to Confiscate Items Owned by Third 
Parties (Act No. 138 of 1963) apply mutatis mutandis to the procedures for 
confiscation of assets prescribed in paragraphs (1) and (2).  (Disposition of Confiscated Claims) 
Article 33 The provisions of Article 19 of the Organized Crime Punishment Act apply 
mutatis mutandis to the confiscation un der Article 21, paragraph (10), and the 
provisions of Article 20 of the Organi zed Crime Punishment Act apply mutatis 
mutandis to cases where the registration of a transfer of rights is to be made 
commissioned to the relevant or ganization based on a judicial decision to confiscate 
the assets for which registration is required  in the case of trans fer of its rights. In 
such a case, "Section 1 of the following C hapter" in the same Article will be replaced 
with "Chapter VIII of the Unfair  Competition Prevention Act". 
 (Special Provisions on Criminal Compensation) 
Article 34 The provisions of Article 4, paragraph (6) of the Criminal Compensation 
Act (Act No. 1 of 1950) apply mutatis mutandis to the contents of compensation under the same Act with regard to the ex ecution of confiscation of claims, etc. 
Chapter VIII Procedures for Preservation 
 (Order for Provisional Remedy in  Anticipation of Confiscation) 
Article 35 (1) With regard to cases under public prosecution concerning the offences 
prescribed in Article 21, paragraphs (1), (3),  and (4), if a court finds that there is 
probable cause to consider that the relevant assets are those which may be confiscated pursuant to paragraph (10) of the same Article (hereinafter referred to as 
the "assets to be confiscated") and it is ne cessary for the confiscation of the assets, 
the court may, at the request of a public pr osecutor or by its own authority issue an 
order for provisional remedy  in anticipation of conf iscation to prohibit the 
disposition of the assets. 
 (2) If a court has issued or intends to issue an order for provisional remedy in 
anticipation of confiscation with regard to assets on which there exists superficies, a 
mortgage, or any other rights, if the cou rt finds that there is probable cause to 
consider that the rights will be extinguished through the confiscation and it is necessary for the confisca tion of the assets, or if the co urt finds that there is probable 
cause to consider that the rights are fake, the court may, at the request of a public 
prosecutor or by its own authority issue an incidental order for provisional remedy 
separately to prohibit the disposition of the rights. 
 (3) If a judge finds that there are the grounds and necessity prescribed in the 28 
 preceding two paragraphs, even before the institution of prosecution, the judge may 
conduct the disposition prescribed in the pr eceding two paragraphs at the request of 
a public prosecutor or a judicial police offi cer (with regard to judicial police officers 
that are police officers, limited to a person  that is a police inspector or in a higher 
rank designated by the National Public Safety Commission or the Prefectural Public 
Safety Commission).  (4) Beyond what is provided for in the preceding three paragraphs, the disposition 
under these provisions are governed by the provisions of the prohibition of the 
disposition pursuant to the order for pr ovisional remedy in anticipation of 
confiscation and the incidental order fo r provisional remedy under Chapter IV, 
Sections 1 and 3 of the Organized Crime Punishment Act. 
 (Order for Provisional Remedy in Anticipation of Collection of Equivalent Value) Article 36 (1) With regard to cases under public prosecution concerning the offences 
prescribed in Article 21, paragraphs (1), (3),  and (4), if a court finds that there is 
probable cause to consider that collection of equivalent value should be conducted pursuant to paragraph (12) of the same Arti cle and there is a likelihood that it will 
be impossible or extremely difficult to exec ute a judicial decision on collection of 
equivalent value, the court may, at the reque st of a public prosecutor or by its own 
authority issue an order for provisional remedy in anticipation of collection of 
equivalent value to prohibit the a ccused from disposing of the assets. 
 (2) If a judge finds that there are the grounds and necessity prescribed in the preceding paragraph, even before the instit ution of prosecution, the judge may, at 
the request of a public prosecutor conduct the disposition prescribed in the same 
paragraph.  (3) Beyond what is provided for in the preceding two paragraphs, the disposition 
under these provisions is governed by the provisions of the prohibition of the 
disposition pursuant to the order for provis ional remedy in anticipation of collection 
of equivalent value under Chapter IV, Sections 2 and 3 of the Organized Crime 
Punishment Act. 
Chapter IX Procedures for International Mutual Legal Assistance in the Execution of Judicial Decisions and Preservation for Confiscation and Collection of Equivalent 
Value 
 (Provision of Mutual Assistance) Article 37 (1) If a foreign state makes a reque st for assistance for execution of a final 
and binding decision on confiscation or collection of equivalent value, or preservation 
of assets for confiscation or collection of equivalent value with regard to a criminal 
case of the relevant foreign state (limited  to cases where the act constituting the 
offence which is alleged to have been commi tted in the case constitutes the offences 
prescribed in Article 21, paragr aph (1), (3), or (4) if the act were to be committed in 
Japan), unless the relevant case falls under  any of the following items, assistance 
may be provided for the request: 29 
  (i) when it would be deemed impossible to impose a punishment under Japanese 
laws and regulations if the act constitu ting the offence for which assistance is 
requested (meaning an offence which is al leged to have been committed in a request 
for assistance; the same applies hereinafter in this paragraph) we re to be committed 
in Japan; 
 (ii) when a case constituting the offe nce for which assistance is requested is 
pending before a Japanese court, or when a final and binding judgment has been 
issued thereon by a Japanese court; 
 (iii) with regard to assistance for execution of a final and binding decision concerning confiscation or assistance thro ugh preservation for confiscation, when 
the assets regarding the requ est would not be subject to  a judicial decision on 
confiscation or preservation for confiscation concerning the offence for which assistance is requested under Japanese laws and regulations, if the act constituting 
the offence for which assistance is re quested were to be committed in Japan; 
 (iv) with regard to assistance for execution of a final and binding decision concerning collection of e quivalent value or assistance through preservation for 
collection of equivalent valu e, when the case would not be  one that a court may issue 
a judicial decision on collection of equivalent value or preservation for collection of equivalent value concerning the offence for which assistance is requested under 
Japanese laws and regulations, if the act constituting the offence for which 
assistance is requested were to be committed in Japan;  (v) when it is deemed that, with respect to assistance for execution of a final and 
binding decision concerning confiscation , a person that has probable cause to 
consider that the person ha s the assets regarding the request or superficies, a 
mortgage, or any other rights thereon, or wi th respect to assistance for execution of a 
final and binding decision concerning collecti on of equivalent value, a person that is 
subject to the judicial decision, was unabl e to claim the person's rights in the 
proceedings for the judicial decision due to  grounds not attributable to the person; or 
 (vi) with regard to assistance through pres ervation for confiscation or collection of 
equivalent value, except for a request based on a judicial decision on preservation for confiscation or collection of equivalent value which was rendered by a court or a 
judge of a requesting country or a request after the final and binding decision on 
confiscation or collection of equivalent value, when there is no probable cause to 
suspect that the act constituting the offe nce for which assistance is requested has 
been committed or when it is deemed that  there are no grounds prescribed in Article 
35, paragraph (1) or paragraph (1) of the preceding Article if the act were to be 
committed in Japan. 
 (2) In providing assistance for execution of a final and binding decision on 
confiscation regarding assets on which ther e exists superficies, a mortgage, or any 
other rights, if the right was to be continued to exists upon confiscation of the assets 
under Japanese laws and regulations, the rights will continue to exist. 30 
  (Confiscation Considered as Collection of Equivalent Value) 
Article 38 (1) In cases of a request for as sistance for execution of a final and binding 
decision to confiscate, in lieu of assets se t forth in each item of  Article 21, paragraph 
(10), assets whose value is equivalent to the value of the assets and which is held by 
a person that was subject to the judicial decision, the fina l and binding decision will 
be a final and binding decision to collect th e value of the assets from the person, in 
providing assistance pursuant to this Act. 
 (2) The provisions of the preceding paragraph apply mutatis mutandis to a request 
for assistance through preservation for confisca tion of assets, in lieu of the assets set 
forth in each item of Article 21, paragrap h (10), whose value is equivalent to the 
value of the assets. 
 (Transfer of Assets in Providing Assistance to a Requesting Country) Article 39 If a foreign state, which has made  a request for assistance for execution of 
a final and binding decision on confisca tion or collection of equivalent value 
prescribed in Article 37, para graph (1), makes a request for transfer of assets or an 
equivalent sum of money in providing the assistance, all or part of the assets or an 
equivalent sum of money may be transferred. 
 (Treatment of Assistance Pursuant to the Organized Crime Punishment Act) Article 40 Beyond what is provided for in  the preceding three Articles, assistance 
under Article 37 and transfer under the preceding Article is governed by the 
provisions of assistance and transfer under Chapter VI of the Organized Crime Punishment Act. 
Supplementary Provisions [Extract] 
 (Effective Date) Article 1 This Act comes 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, th e provisions of the post-revised Unfair 
Competition Prevention Act (hereinafter refe rred 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 bas ed on the pre-revised Unfair Competition 
Prevention Act (hereinafter refe rred to as the "former Act"). 
Article 3 The provisions of Article 3, the main  clause of Article 4, and Article 5 do not 
apply to the continuation of any of the foll owing acts that commenced before this Act 
came into effect: 
 (i) an act that falls under the act set forth  in Article 2, paragraph (1), item (ii) 
(excluding an act that falls under item (i) of the same paragraph); or 
 (ii) among the acts set forth in Article 2, paragraph (1), item (xx), the act of using an 
indication on services, in an advertisement thereof, or in trade documents or 
electronic correspondence  thereof, in a way that is likely to mislead as to the quality, 
contents, purpose, or quantity of the servic es, or the act of providing services while 31 
 using the indication. 
Article 4 The provisions of Articles 3 thro ugh 5, Article 14, and Article 15, paragraph 
(1) do not apply to acts of unfair competit ion set forth in Article 2, paragraph (1), 
items (iv) through (vi), item (viii), and item (ix) in connection with an act of wrongful 
acquisition of trade secrets pr escribed in item (iv) of the same paragraph or an act of 
improper disclosure of trade secrets prescri bed in item (viii) of the same paragraph 
that took place before June 15, 1991, if the acts of unfair competition are committed 
on or after the date (excluding an act that falls under the following items), or to the 
continuation of the act of using trade secrets prescribed in item (vii) of the same paragraph that commenced before the date: 
 (i) the act of disclosing tra de secrets as prescribed in A rticle 2, paragraph (1), items 
(iv) through (vi), item (viii), and item (ix); or  (ii) the act of acquiring trade secrets as prescribed in Article 2, paragraph (1), item 
(v) and (viii), and the act of using tra de secrets acquired through the act. 
Article 5 The provisions of Article 7 of the new Act apply to litiga tion filed after this 
Act comes into effect, and with regard to li tigation filed before this Act comes into 
effect, prior provisions are to continue to apply. 
Article 6 The provisions of Article 14 do no t apply to the continuation of an act that 
falls under the act set forth in Article 2, paragraph (1), item (ii) or (xx) that 
commenced before this Act comes into effe ct (excluding an act that falls under item 
(i) of the same paragraph). Article 7 A person that has obtained pe rmission as prescribed in Article 4, 
paragraphs (1) through (3) or Article 4-2 of the former Act before this Act comes into 
effect is deemed to have obtained a perm ission respectively  prescribed in the 
provisos to Article 16, paragraphs (1) throug h (3) or the proviso to Article 17 of the 
new Act. 
Article 8 The provisions of Article 16 of the new Act do not apply to a person that has 
obtained the permission prescribed in Article 4, paragraph (4) of the former Act as of 
the time this Act comes into effect. 
Article 9 The provisions of Article 17 of th e new Act do not apply to the continuation 
of anything that falls under the category of the act of using a marking similar to that 
of an international organization (excluding  a marking identical or similar to the 
emblem, flag, or other insignia, abbrev iation, or name of an international 
intergovernmental organization that is de signated by the competent minister as 
prescribed in Article 4-2 of the former Act;  hereinafter referred to as the "marking 
similar to that of a private international or ganization") as a trademark, or the act of 
transferring, delivering, displa ying for the purpose of transfer or delivery, exporting, 
importing, providing through a telecommuni cations line goods that use a marking 
similar to that of a private international organization as a trademark or providing 
services using a marking similar to that of  a private international organization as a 
trademark, which is prescribed in Article 17 of the new Act, if the act commences 32 
 before this Act comes into effect. 
Article 10 The provisions of Article 21  (excluding the part under Article 21, 
paragraph (2), item (vii)) and Article 22 do not apply to the cont inuation of an act 
that falls under the act set forth in the Suppl ementary Provisions of  this Act, Article 
3, item (ii), if the act commenced before this Act comes into effect. 
Article 11 With regard to a request prescrib ed in Article 3 of the former Act made by 
a foreign national prescribed in the same Ar ticle against an act that was committed 
before this Act comes into effect, prior provisions ar e to continue to apply. 
 (Transitional Measures for the Application of Penal Provisions) Article 13 With regard to application of  penal provisions to an act that was 
committed before this Act comes into effect, prior provisions are to continue to apply. 
 (Delegation to Cabinet Order) Article 14 Beyond what is provided for in the Supplementary Provisions of this Act, 
Articles 2 through 11 and Article 13, the transitional measures necessary for 
enforcement of this Act are specified by Cabinet Order. 
 