WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP IN III JPN 11/1 
19 April 1996 
(96-1440) 
Original: Englishl 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
The present docwnent reproduces the text of the Unfair Competition Prevention Lawl, as notified 
by Japan under Article 63.2 of the Agreement (see document IP/N/1/JPN/1). 
Conseil des aspects des droits de propriete 
inteUectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
Le present document contient le texte de la Loi pour la prevention de la concurrence deloyale1 
notifiee par le Japon au titre de l'article 63:2 de l' Accord (voir le document IP/N/lIJPN/1). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
En el presente documento se reproduce el texto de la Ley de Prevenci6n de la Competencia 
Desleal1 notificado por el Jap6n en virtud del parrafo 2 del articulo 63 del Acuerdo (vease el 
documento IP/N/lIJPN/1). 
lEnglish only/anglais seulementlen ingles solamente. IP/N/I/JPNlI/l 
Page 2 
(Purpose) UJVFAIR COil/PETITIDiV PREVENTIDiV LA~V 
Law JVO. 47, pronzulgated on ll--fay 19, 1993*1 
(Amendnzents by : Law JVo. 116, of Decel1zber 14, 1994) 
Article 1. -The purpose of this Law is, by providing for f1ZeaSllres for the prevention 
of, and conlpensatation for dalnages fronz unfair conzpetition, etc. in order to ensure 
fair conzpetition among entrepreneurs and tlte full il1zplenzentation of international 
agreements related thereto, and thereb.v to contribute to the wholesol1ze developnzent of 
the national econoI11J'. 
(Definitions) 
Article 2. -(1) As used in this Law, the term "unfair competition" slzall mean any 
act under the folio Hdng: 
(i) The act of using a goods or other indication (as used hereinafter, a "goods 
or other indication" Ineans nanze cOllnected 'rvith person's business, tradenanze, 
tradenlark, nzark, container or package of goods, or any other indication used for 
the indication of goods or business) l-vhiclz is identical with, or sinzilar to, another 
person's goods or other indication as to be well-knolvn among consumers, or the 
act of selling, distributing, displaying for the pu.rpose of sell or distribute, eyporting 
or importing goods on which such a goods or other indication is used, and thereby 
causing confusion li.:itlz anotlz er person's goods or business; 
(ii) Tlze act of llsing a goods or other indication as one's OHm ).1.'hich is identical 
with, or similar to, another person's fanzolls goods or 'other indication, or the act of 
selling, diStributing, displa.ving for the purpose of sell or distribute, exporting or 
importing; 
(ifi) The act of selling, distributing, displaying for the purpose of sell or 
distribute, eyporting or importing goods which i111itated the configuration (excluding 
a configuration which is commonly llsed for goods of the same kind (or, in the case 
where it is not the salne kind of goods, goods which has all identical or silnilar 
function and utility of those of such other person) as that of such other person) of 
* 1 OLD U1VFAIR COj\,!PETITIOJV PREVE1VTIOIV LA 1Y (lVO. 14, prol1llilgated on 
Ilfarch 27, 1934) 
Amendnlents by : Law No. 2, of ",larch 8, 1938 
Law /\TO. 90, of April 1, 1950 
Law 1VO. 26, of jv!arch 26, 1953 
Law 1VO. 81, of Jlay 24, 1965 
Law No. 46, of June 25, 1975 
as antended up to June 29, 1990 by Law No. 66 IP IN 11 IJPN/II 1 
Page 3 
another person's goods (excluding good~\~ for which three years have elapsed fronz 
the date selling thereof first commenced); 
(h~ The act of acquiring a trade secret by bnproper nzeans such as theft, fraud, 
or coercion, (hereinafter referred to as "in1proper acquisition of a trade secret" ), 
or the act of llsing or disclosing a trade secret so acquired (including the act of 
disclosing such trade secret confidentia(v disclosed to Cl /:}fJecific person, hereinafter 
the same shall appIJ~; 
(Iy~ The act of acquiring a trade secret l~'hile being aware that sllch trade secret 
has been acquired through inlproper acquisition or, through gross negligence, not 
being an'are of such nzatter; or the act of using or disclosing a tradesecret so 
acquired; 
(vi) The act of using or disclosing a trade secret after becoming aware, 
subsequent to its acquisition, that such trade secret has been acquired through 
inzproper acquisition or, through gross negligence, not beconzing aware of sllch 
Inatter; 
(vii) The act of using or disclosing a trade secret which has been disclosed by 
the business entity holding it (hereinafter referred to as tlte "Izolder" ), for the 
purpose of unfair business conzpetitiol1 or otherwise acquiring an unfair benefit, or 
for the purpose of inflicting injzll:V on such holder; 
(viii) The act of acquiring a trade secret while being aware or, throiugh gross 
negligence, not being aware that there has been an improper disclosure of such 
trade secret (defined, in this case and hereinafter, in the case stipulated in the 
previous item, as an act of disclosing a trade secret for the purpose stipulated in 
sllch item, or an ac;t of disclosing a trade secret in breach of a legal duty to 
nzaintain secrecJ~ or that sllch trade secret has been acquired through improper 
disclosure; or the act of llsing or disclosing a trade secret so acquired; 
(L'C) The act of using or disclosing an acquired trade secret after becoming 
alvare, subsequent to its acquisition, that there has been inzproper disclosure of 
such trade secret or that such trade secret has been acquired through improper 
disclosure, or, through gross negligence, not being aware of such n1atter; 
(.'() The act of indicating on goods or for service, or in an advertisel1zent thereof 
or in a docunzent or corre~pondence used for a transaction, which is likeZv to cause 
Inisleading with respect to the place of origin, quality, contents, nWllufacturing 
nlethod, use or quantity of such goods or the quality, contents, lIse or quantity of 
such service, or the act of assigning, delivering, displaying for t/zepllrpose of 
assignlnent or delivery, exporting or inlporting goods with such an indication or 
offering a service with such an indication; 
(.'Ci) The act of making or circulating a false allegation injurious to :the business 
reputation of another person in a competiti~'e relationship; 
(.r:U) The act of an agent or representative, or a person who, within .one year of IP/NI lIJPN/II 1 
Page 4 
the date of such act, was an agent or representative of all owner of a right relating 
to a trade111ark (such right shall he limited herein to a right equivalent to a 
trademark right and hereinafter referred to sil1zply as a "right" ) in a state par~v to 
the Paris Convention (used herein as defined ill Article 4, paragraph 1, iteln 2 of 
the Tradelnark Law (Law 1\'0. J 27 of 1959)) or a nlenzber COllntry of the JVorld 
Trade Organization, H-'itlzoUl justifiable reason and without the consent of the OH-'ller 
of such right, llsing a tradenlark H-"ziclz " is identical or sinzilar to the tradelnark 
relating to lvh iell rh e right relates in respect of goods or service identical or sinrilar 
to those to lvhiclz such right relates, or the act of assigning, delivering, displaying 
for the purpose of assignment or delivery, e.\porting or i/l1porting goods llsing sllch 
tradenlark }vh ich is identical or sinzilar to tlz e goods to which th e right relates, or 
offering a service, using such tradenwrk, lvhich is identical or si111ilar to the service 
to lvhiclz such right relates. 
(2) As used in this Law, the ternz "tradelnark" shall nzean tradenzark as defined 
Article 2 (1) of the Tradenlark Law. 
(3) As used in this Law, the ternz "nzark" shall nzean Inark as defined Article 2 (1) 
of the Tradenlark Law. 
(4) As llsed in this Law, the tern1 "trade secret" shall nlean technical or business 
information useful in conznzercial activities, such as I1zanufacturing or nlarketing 
n:et/zotis, which is kept secret and not pllblicZv known. 
(Right to Request an Injunction) 
Article 3. -(1) A person whose bllsines.<.,' interests are infringed or are likeZv to be 
infringed by llnfair conlpetition, is entitled to request an injunction preventing or 
suspending such infringenlent against the person who is infringing such business 
interests or is likeZv to do so. 
(2) A person whose business interests are infringed or are likeZv to be infringed by 
unfair competition, is entitled, at the tinle of the request referred to in the above 
paragraph, to request the destruction of the objects which constitute the act of 
infringement (including objects created by the act of infringel1lent) or any other acts 
necessary to prevent or sllspend the infringen1ent. 
(Claim for Danlage~) 
Article 4. -A person H:ho illtentional(v or negligently infringes Oil the business 
interests of another person through llnfair con1petition, shall he liable to compensate 
for danlages lvhiclz result therefrorn; provided however, that this shall not apply to 
danzages which arise from use of a trade secret after the rights described in Article 8 
below are e.:'(tinguis/zed in accordance with that said Article. 
(Presuntption of Amount of Damages, etc.) IP/N/lIJPN/l/l 
Page 5 
Article 5. -(1) In the case where a person, HJhose business interests have been 
infringed by unfair co I1lpetition, has nlade a clabn for compensation for damages 
suffered by himself, against a person who intentional(v or negligently infringed such 
business interests, and l1-'here the infringer receives the profits through such act of 
infringenzent, such amount of profits shall be presumed to be the anlo11nt of damages 
caused to the person whose business interests were infringed 
(2) A person H"hose business interests are infringed by unfair cOlnpetition in any of 
the fnanners described in Article 2 (1) itenls 1 to 9 and 12 is entitled to claiJn, against a 
person who in ten tion al(v or negligent(v has infringed such business interests, 
cOl1zpensation for danlages suffered by hinlse/f in an amount equivalent to the amount 
which nornzally ought to be awarded as compensation, in accordance with the type of 
unfair cOlnpetition described in each itenz below, for the act described in such item: 
(i) unfair conlpetition as described in Article 2 (l)itenz 1 or 2: 
the use of a goods or other indication relating to said infringement; 
(ii) unfair cOfnpetition as described in Article 2 (l)item 3: 
the use of a configuration of goods relating to said infringement; 
(iii) unfair competition as described in Article 2 (l)itenzs 4 to 9: 
the use of a trade secret relating to the said infringement; 
(iv) unfair conzpetition as described in Article 2 (l)item 12: 
the llse of a trade/nark relating to tlze said infringement. 
(3) The provisions in the above paragraph (2) do not prevent a clainl being made 
for conlpensation for danzages in e..'(cess of tlze anzount indicated in such paragraph. In 
such a case, if tlze person who illfringed sllch business interests did not do so 
intentional(v or through gross negligence, the court nzay take that into consideration in 
detennining the al1zount of cOl1zpensation for dalnages. 
(Submission of Documents) 
Article 6. -In an action related to infringenzent of business interests through unfair 
conzpetition, the court nzay order, in response to an application of a party to the action, 
the other party to subnlit the an}' docul1zent necessary to calculate the amount of 
danzages caused by the said infringement; provided however, that this does not app(v in 
the case where the person lvho holds such a docul1zent refuses to sublnit it having a 
justifiable reason for so refusing. 
(AI easures to Restore a Business Reputation) 
Article 7. -Tlte court Inay order a person who intentionally or negligently has 
cOlnnzitted an unfair competition and tltereb}' injured the business reputation of 
another person to take tltose measures necessary to restore the business reputation of 
that person in lieu of compensation for damages or in addition to sllch damages, upon 
the request of tlte person whose business reputation was so injured. IP IN 11IJPNII/l 
Page 6 
(iVegati1.'e Prescription) 
Article 8. -Pursuant to the provisions of Article 3 (1), the right to request an 
injunction to sllspend or prevent an infringement caused by comn1ission, using a trade 
secret, of the acts described in Article 2 (1) iten1s 4 to 9 shall be extinguished by 
prescription in the case lvhere the person who cOlnnzits sllch act continues it and the 
holder whose business interests have been infringed or are likely to be infringed by 
sllch act does not exercise such right within three years ff'()!n the titne that sllch holder 
beconles aH:are of such facts and of the person con1nlitting such act. The sanle 
extingllishnlent shall appZl', in any event, when ten years have elapsed fronl the time of 
conzn1enCel11ent of sllch act. 
(Prohibition of Conzl1zercial Use of a State Embleln of a Foreign State) 
Article 9. -(1) 1\'0 one m a}' use, as a tradelnark, a n1ark identical to the national flag 
or coat of arms of a foreign state or any other insignia lvhich is prescribedby an 
ordinance of the Afinistry of International Trade and Industry (all such insignias 
hereinafter referred to as a "national elnbleln" ) or a nzark similar to a national 
elnbleln (such identical or sin1ilar emblenz hereinafter referred to as 
a "quasi-emblem" ), or nw.v assign, deliver, display for the purpose of assignment 
ordelivery, e:'(port or in1port goods using a quasi-emblem as a trademark, or offer a 
service using a quasi-en1blem as a tradentark; provided, hOlvever, tltat this does not 
appZv in the case where pennission has been obtained fron1 the governlnent agency of 
tlte foreign state H,,'hich is vested lvitlz the authority to grant permission (including, in 
this case and hereinafter, adnlinistrative nleasures sinzilar to permission) for use of the 
national emblem of that state. 
(2) In addition to the provisions stipulated in the above paragraph, no one may use, 
In a manner which is likeZv to cause 111isleading of the place of origin of goods, the 
coat of arms of a foreign state prescribed by an ordinance of the jUinistr}' of 
International Trade and Industry referred to in the above paragraph (hereinafter 
referred to as a "coat of arnzs" ), or Inay assign, deliver, di!;pla:v for the purpose of 
assignlnent or delivery, export or import goods using a coat of arms, or offer a service 
llsing a coat of arn1Sj provided, however, that this does not appZv in the case lvhere 
permission has been obtained from the governnlent agency of the foreign state which is 
vested with the authority to grant permission to use the coat of arnlS of that state. 
(3) No one nlay use a n1ark identical to a seal or sign of a foreign state or regional 
public entity used for certification or inspection purposes, which is prescribed by an 
ordinance of the j)Iinistry of International Trade and Industry (hereinafter referred to 
as a "government sign") or a similar nlark (such identical or sbnilar n1ark 
hereinafter referred to as a "quasi-governlnental sign" ) as a tradenlark on goods or 
for a service identical or similar to goods or service for which such government sign is IP/N/lIJPNII/l 
Page 7 
llsed, or nlay assign, deliver, di.'play for the purpose of qssignment or deliver..v, e.:t:port 
or inlport goods llsing a quasi-governmental sign as a tradenlark, or offer a service 
using a quasi-governlnental sign as a trademark; provided, however, that this does not 
app(v in the case where pennission has been obtained fronz the government agency of 
the foreign state which is vested lvith the authori(v to grant pennission to llse tlze 
gOl'enllnent sign of that state. 
(Prohibition of Conllnercial Use of a ilfark of an International Organization) 
Article 10. -j\'o one 11ray use, in a nzanner lvhich is likeZv to cause misleading a 
relationship with any international organization (in tlzis case and hereinafter definedas 
an international organization of governnzents or any organization proportionate thereto 
prescribed as sllch by an ordinance of the Afinistry of International Trade and 
Indllstr)~, a nlark identical to a mark representing an international organization which 
Inark is prescribed by an ordinance of the Alinistry of International Trade and Industry 
or a Inark sinzilar to such (such identical or similar mark hereinafter referred to as a 
"quasi-organizational Inark" ), as a tradenzark, or may assign, deliver, display for the 
purpose of assignnzent or delivery, export or import goods using a quasi-organizational 
lnark, as a tradenzark, or offer services using a quasi-organizational sJ'mbol as a 
trademark; provided, hOll-'ever, that this does not app(v in the case lvhere permission of 
such international organization has been obtained. 
(£'lemptions) 
Article 11. -(1) The prOVIsions of Articles 3 to 8, 13 (e.-..:c/uding those portions 
concerning item 3 thereof) and 14 do not appZv to those acts lvhic/z are stipulated in 
the items below HJhich fall within the type of unfair conlpetition described for such 
itenz: 
(i) unfair conlpetition as described in Article 2 (l)item 1, 2, 10 and 12: 
the act of using or indicating in a normally-used nzanner a common nanle of 
goods or business (e.'lcluding the nanle of a place of origin of goods which ismade 
fronl grapes or uses grapes as an ingredient, and has beconle a conlnlon name) or 
a goods or other indication that is conllllon(v-used for identical or similar goods or 
business (hereinafter such a COnll110n nalne or conuJ1only-used indication, together 
referred to as a "conznzon name" ), or the act of assigning delivering, displaying 
for the purpose of assignnzent delivery, e.xporting or inzporting goods using or 
indicating comnlOn name in a nornzal(V-llsed rnanner (including, in tlte case of 
unfair conzpetition as described in items 10 or 12 of the salne paragraph, an act of 
offering a service llsing or indicating, in a nornzal(v-used nzanner, a comnzon 
name); 
(U) unfair cOlnpetition as described in Article 2 (1)itenz 1, 2 and 12: 
the act of using one's own personal nanze, for no unfair purpose ( "unfair IP/N/lIJPN/l/l 
Page 8 
purpose" herehy defined and hereinafter used as a purpose to obtain an unfair 
profits, a purpose to cause injury to an other person or any other unfair purpose), 
or the act of assigning, delivering, displaying for the purpose of assignment or 
deli~lery, l?-":porting or in1porting goods llsing, for no unfair purpose, one's own 
personal nanle (including, in the case of unfair competition as described in any of 
the above-cited iteln .. ,', an act of offering a service using, for no llllfairpurpose, one's 
Olvn personal nanze); 
(iii) unfair conzpetition as descrihed in Article 2 (l)itenz 1: 
the act of a person's using, for no unfair purpose, a goods or other indication 
identical or shni/ar to a well-known goods or other indication of another person, if 
sllch person had llsed sllch indication hefore it becanze well-knolvn or had 
succeeded to a business related to such indication, or the act of assigning, 
delivering, displaying for the purpose of assignnzent or de Ii v erJ: , e.'(porting or 
itnporting goods H,'hic/z uses, for no unfair purpose, such indication; 
(i~~ unfair conzpetition as described in Article 2 (J)itenz 2: 
the act of a person's llsing, for no unfair purpose, a goods or other indication 
identical or similar to a lvell-known goods or other indication of another person, if 
such person had used sllch indication before it becanle well-knoa.'/1 or had 
succeeded to a business related to such indication, or the act of assigning, 
delivering, displaying for the purpose of assignn1ent or delivery, e.'(porting or 
itnporting goods lvhich uses, for no unfair purpose, such indication; 
(~~ unfair conlpetition as described in Article 2 (1) item 3: 
the act of assigning, leasing, displaying for the purpose of assignnzent or lease, 
e.:'(porting or hnporting goods, done by a person, who has obtained by assignment 
such goods that, as described in the iten1, imitate the configuration of another 
person's goods (provided that such person, at the tinle of ohtaining such goods by 
assignnlent l1.'as unaware that such goods imitated the configuration of another 
person's goods and was, not through gross negligence, unaware of such Inatter); 
(vi) unfair competition as described in Article 2 (l)item 4 to 9: 
the act of using or disclosing a trade secret within the scope of tlte legal title 
acquired through a transaction done by a person, who has acquired the trade secret 
through such transaction (provided that such person, at the time of such 
acquisition, was not aware that there had been an inlproper disclosure of such 
trade secret or that such trade secret had been acquired through an inzproper 
disclosure or in1proper acquisition and was, not through gross negligence, unaware 
of such nzatter). 
(2) A person who suffers or is likely to suffer an infringement to its business 
interests through one of the acts described in item 2 or 3 of the previous paragraph is 
entitled to request, in accordance with the type of unfair conlpetition described in the 
following item, against any person }'.,·ho falls into sllch a said iteln, that an appropriate IP/N/lIJPN/I/l 
Page 9 
indication he used to prevent confusion with goods or business of such person: 
(i) an act described in item 2 of tlte previous paragraplt 
a person using his own personal nalne (including a person lvho assigns, delivers, 
di.\plays for the purpose of assignment or delivery, exports or inlports, by Izinlse/f 
goods lvlzich uses his own personal nanle); 
(ii) an act described in itenz 3 of the previous paragraph 
a person using a goods or other indication identical or similar to that of another 
person and a person who sllcceeds to a business related to such an indication 
(inclllding a person who assigns, delivers, displays for the purpose of assignment or 
delivery, exports or inlports, by hbnse/f goods llsing such an indication). 
(Transitional J'v! easllres) 
Article 12. -In the case H.-here an ordinance of the j1,;Jinistry of International Trade 
and Industry is to be enacted, anzended or abolished in accordance with the provisions 
of this Law, such ordinance may prescribe, within the limits judged to be reasonabZv 
necessary for such enactnzent, anzendlnent or abolition, necessary transitional measures 
(inclu ding transitional lneasures concerning penal provisions). 
(Penal Provisions) 
Article 13. -Any person who falls under any of the folloH:ing items shall be 
sentenced to inzprisonnlent for a term not e.:'(ceeding three years or fined an amount not 
exceeding ¥3,000,000: 
(i) a person who comnzits, for an unfair purpose, any act of unfair cOlnpetition 
described in Article 2 (1) item 1 or 10; 
(ii) a person (e.:'(cluding a person described in the preceding itenz) lvho indicates 
a falsehood on goods or for service, or in an advertisement or in a document or 
correspondence used for a transaction, which is likeZv to cause misleading, with 
respect to the place of origin, quality, contents, manufacturing nzetltod, use or 
qllanti~v of sllch goods or the quality, contents, llse or quantity of suclt service; 
(iU) a person wlto violates any provision of Article 9 or Article 10. 
(Juridical Persons) 
Article 14. -In tlte case where a representative of a juridical person or an agent, 
servant or other enlployee of a juridical person or a natural person has committed, in 
connection lvitlt the business of such juridical or natural person, any of tlte violations 
described in the preceding article, in addition to the violator being penalized, such a 
juridical person shall be fined an amount not exceeding ¥100,OOO,OOO and such a 
natural person shall be liable to tlte same fine described in the preceding article. IP IN 11IJPN 11/1 
Page 10 
(Date of Enforcelnent) *1 Supplementary Provisions 
Article 1. -This Law shall conze into force on the date fi'led by Cabinet Order within 
one 'year from the date of its promulgation. 
(Transitor.v Afeasures) 
Article 2. -The provisions of the antended Unfair Conlpetition Prevention Law 
(hereinafter referred to a "the new Law" ), unless otherwise provided, shall also app(v 
to the matters occurred before the enforcenlent of this Law. Provided that, this shall 
flOt prejudice the effect of the Unfair Conzpetitioll Privention Law before amendment 
(hereinafter referred to as "the previous Law" ). 
Article 3. -The provisions of Articles 3 to 5 of the new Law shall not apply to acts 
of continuing the acts lvlticlz are stipulated below: 
(i) those relevant to the acts as described in Article 2 (1) item (i) of the new Law 
(e.:'(cluding those relevant to the acts described in Article 2 (1) thereof); 
(if) those relevant to the acts as described in Article 2 (1) itenz (iil) of the new 
Law; 
(iii) those relevant to the acts of indication, on goods or for service, or in 
advertisement thereof or in document or any other correspondence used for a 
transaction, l1,-'hiclz way cause misleading with respect to quality, contents, way of 
use or quantity of such goods, or the acts of providing service with such an 
indication, which shall be described in Article 2 (1) item (.'l) of the new Law. 
Article 4. -The provisions of Article 3 to 5, 7 and 8 of the new Law shall not apply 
to tlte unfair acquisition stipulated in Article 2 (1) item (iv) of the new Law, which has 
been done before June 15, 1991, the unfair conlpetition described in Article 2 (1) item 
(h~ to (vi), item (viii) or item (ix) of the new Law concerning the act of unfair 
acquring stipulated in Article 2 (1) itenz (viii) of the new Law, which has been done 
before June 15, 1991 (e'(cluding those relevant to acts which are described below), and 
act of continuing to use the trade secret stipulated in Article 2 (1) item (vii) of the new 
Law, which has been conzmenced before June 15, 1991: 
(i) the acts of disclosing the trade secret stipulated in Article 2 (1) item (iv) to (vi), 
(8) and (9) of the new Law; 
(izJ the a.cts of acquring the trade secret stipulated in Article 2 (1) item (h~ of the 
* 1 This Law came into force on June 1; 1994. (Cabinet Order No. 44, of Afarclz 16, . 
1994) IP/N/lIJPN/II1 
Page 11 
new Law and using such trade secret so acquired ,which is stipulated in Article 2 
(/) item (viii) of the new Law. 
Article 5. -The provision of Article 6 of the new Lan' shall app(v to a case for which 
a suit will be instituted ajier the enJorcenzent of the new Law, the fonner e:'(amples 
shall still be Jollowed as to application oJ a case for which a suit has been instituted 
before the enJorcelnent oJ the new Law. 
Article 6. -The provision of Article 7 of the Iletv Law shall not app(v to acts of 
continuing the acts as described in Article 2 (1) itenz (iL), (iii) or (.'() oJ the new Law 
(e:rcluding those relevant to the acts described in Article 2 (/) itenl (i) of the new La».~. 
Article 7. -A person It-'ho has obtained the permission stipulated ill Article 4 (/) to 
(3) or Article bis at the til1ze of the enJorcelnent of the previous Law shall be deemed 
obtained the pennission stipulated in Article 9 (1) subsection, (2) subsection, (3) 
subsection or Article /0 subsection of the netv Law. 
Article 8. -The provision of Article 9 oJ the net1.' Law shall not apply to anyone who 
has obtatined the pernzission stipulated in Article 4 (4) of the previolls Law at the time 
of the enJorcement of the new Law. 
Article 9. -The provisions of Article 10 oJ the new Lall,' shall not app(v to acts of 
continuing the acts oJ using the quasi-organization mark as trademark stipulated in 
Article 10 oJ the nefV Law, which has been conznzenced beJore the enforcement of the 
ne-.v Law (er:cluding a Inark indentical to or sbnilar to a coat of arnzs, a Jrag mark, 
other emblem, abbreviation, or name oJ the international organization, which are 
designated by the j'dinistery of International Trade and Industry. All sLlch marks are 
hereinafter reJerred to as the "private quasi-organization nzark" ), the acts oJ assining, 
delivering, displaying Jor the purpose oJ assignnzent or delivery, export or import goods 
using the private quasi-organization Inark, or the acts of providing service using the 
private quasi-organization mark as tradenzark. 
Article 10. -The provi.,-ions of Article 13 (excluding those portions concerning iteln 3 
thereoj) and 14 of the new Law shall not apply to acts of continuing those relevant to 
the acts described in Article 3 (3) of this Supplenzentary Provision, which have been 
done before the enforcement of the ne-.v Law. 
Article 11. -The fomer examples shall still be followed as to tlte claim stipulated in 
Atricle 3 of the previous Law and instisuted by a foreigner against tlte acts done before 
the enforcement of tlte new Law. IP/N/lIJPN/I/1 
Page 12 
(Partial Amendments of the Law for Partial Amendments to tlte Tradenzark Law) 
Article 12. -The Law for Partial Anzendments to the Tradenwrk Law (Law No. 65 of 
1991) shall be partial amended as follows. 
(······c:pmfr······) 
(Transitory j'lyf eaSllres: penal provision~) 
Article 13. -The penal provisions of the previolls LaH,' before anlendment shall still 
apply to acts made before the enforcement of the new Law. 
(Delegation to Cabinet Order) 
Article 14. -In addition to the provisions of Articles 2 to 11 and those provided in 
the preceding Article 13, necessary transitory measures for the implementation of the 
new Law shall be prescribed by Cabinet Order. 
t Supplementary Provisions (Extract) 
(Law No. 116, of 1994) 
(Date of Enforcenten t) * 1 
Article 1. -This Law shall enter into force on July 1, 1995, with tlte following 
e.:'(ceptions: 
(i) The anzended provision under Section 30 (3) of the Patent Law, which is 
stipulated in Article 1 thereof, tlte provisions of Article 5 of this Law (e.ycluding the 
amended provisions of Article 10 (3), 13 (1), 44 (2) and 63 (3) of the Trademark 
Law) and the provision of Article 9 thereof shall enter into force on July 1, 1995 
or the day on which jltJarrakesh Agreelnent Establishing the World Trade 
Organization beconle effective in Japan, whichever earlier. 
* 1 This Law canze into force on July 1, 1995. 