CONTENTS
CONTACT

HARAKENZO
WORLD PATENT & TRADEMARK


OSAKA
HEAD OFFICE

DAIWA MINAMIMORIMACHI BLDG.,
2-6, 2-CHOME-KITA, TENJINBASHI,
KITA-KU,OSAKA 530-0041 JAPAN
TEL:+81-6-6351-4384
(Main Number)
FAX:+81-6-6351-5664
(Main Number)
E-Mail:

TOKYO
HEAD OFFICE

WORLD TRADE CENTER BLDG. 21 F,
2-4-1, HAMAMATSU- CHO, MINATO-KU,
TOKYO 105-6121,JAPAN
TEL:+81-3-3433-5810
(Main Number)
FAX:+81-3-3433-5281
(Main Number)
E-Mail:


HIROSHIMA
OFFICE

NOMURA REAL ESTATE HIROSHIMA BLDG. 4 F, 2-23 TATEMACHI, NAKA-KU, HIROSHIMA CITY, HIROSHIMA 730-0032, JAPAN
TEL:+81-82-545-3680
(Main Number)
FAX:+81-82-243-4130
(Main Number)
E-Mail:


In the background of the HARAKENZO trademark is a global map wherein countries/regions are sized according to the number of patents registered there in 1991.

Privacy policy


UnfairCompetition Consultation
Chief of the Unfair Competition Consultation
DEPUTY DIRECTOR GENERAL
In charge of Hiroshima Office

: Chiaki GOMITA
: Kenjiro FUJITA
: Shinji IMANO

 
[ TOKYO HEAD OFFICE ]
 
[ OSAKA HEAD OFFICE ]
Tel
Fax
E-mail
: + 81 - 3 - 3433 - 5810
: + 81 - 3 - 3433 - 5281
:
Tel
Fax
E-mail
: + 81 - 6 - 6351 - 4384
: + 81 - 6 - 6351 - 5664
:

UnfairCompetition Consultation

         
 
 
staff
 
         

Greeting

Deceptive labeling of a product’s origin and the like has been a major problem recently. If such a mislabeled product, an imitation product, and an inferior product appear on the market, there will be no fair competition promised, and consumers cannot feel at ease when purchasing products. As a result, sound development of the economy cannot be expected.

The Unfair Competition Prevention Act came into force for the purpose of assuring fair competition among businesses, and contributing to the sound development of the economy.

Since the full-fledged revision of 1993, the Unfair Competition Prevention Act has played an important role for ensuring fair competition among businesses. With revisions such as an addition of Article 18 (Prohibition of provision of illicit profit, etc. to foreign public officials, etc.) to the Articles, and additions of Article 2(1)(x, and xi) (acts of assigning, etc. devices, etc. by obstructing technological restriction measures), and Article 2(1)(xii) (acts of acquiring, holding, and using a domain name(s) for the purpose of an illicit gain) to the “unfair competition”, this law has become important more and more.

Any of the following is defined as “unfair competition” in Article 2(1) of the Unfair Competition Prevention Act. We can deal with “specified unfair competition”, which has “○” on the right in the following.

If you have any questions, or need any guidance regarding the following “specified unfair competition”, please do not hesitate to contact us.

    Definition Specified
Unfair
Competition
i Acts of creating confusion with an indication of well-known goods or business Acts of creating confusion with another person’s goods or business by using an indication of goods or business that is identical or similar to said person’s indication of goods or business that is well-known among consumers or other purchasers, or by assigning, delivering, displaying for the purpose of assignment or delivery, exporting, importing, or providing through an electric telecommunication line the goods using such an indication.
ii Acts of using another person’s famous indication as one’s own indication Acts of using as one’s own an indication of goods or business that is identical or similar to another person’s famous indication of goods or business, or the act of assigning, delivering, displaying for the purpose of assignment or delivery, exporting, importing, or providing through an electric telecommunication line the goods using such an indication.
iii Acts of assigning, etc. goods that imitate the configuration of another person’s goods Acts of assigning, leasing, displaying for the purpose of assignment or leasing, exporting or importing goods which imitate the configuration of another person’s goods.
iv Acts of wrongfully leaking, using, or disclosing a trade secret Acts of acquiring a trade secret by theft, fraud, duress or other wrongful means, or the act of using or disclosing a trade secret so acquired.
(limited to a technical secret)
v Acts of willfully leaking, using, or disclosing a trade secret, after wrongful acquisition of the trade secret Acts of acquiring a trade secret with the knowledge that such trade secret has been acquired through acts of wrongful acquisition or without the knowledge of such matter due to gross negligence, or acts of using or disclosing a trade secret so acquired.
(limited to a technical secret)
vi Acts of unwillfully leaking or disclosing a trade secret, after wrongful acquisition of the trade secret Acts of using or disclosing a trade secret after becoming aware or not becoming aware of such matter due to gross negligence;, subsequent to its acquisition, that such trade secret was acquired through wrongful acquisition.
(limited to a technical secret)
vii Acts of using or disclosing a trade secret for the purpose of unfair business competition Acts of using or disclosing a trade secret, which has been disclosed by the business operator holding such trade secret, for the purpose of unfair business competition or otherwise acquiring an illicit gain, or causing injury to such holder.
(limited to a technical secret)
viii Acts of willfully leaking, using, or disclosing a trade secret, after the trade secret is wrongfully disclosed Acts of acquiring a trade secret with the knowledge or, without the knowledge due to gross negligence, that there has been an improper disclosure of such trade secret or that such trade secret has been acquired through improper disclosure, or acts of using or disclosing a trade secret so acquired.
(limited to a technical secret)
ix Acts of unwillfully leaking or wrongfully disclosing a trade secret, after acquiring the trade secret and the trade secret is willfully disclosed Acts of using or disclosing an acquired trade secret after becoming aware or not being aware of such matter due to gross negligence, subsequent to its acquisition, that there has been improper disclosure of such trade secret or that such trade secret has been acquired through improper disclosure.
(limited to a technical secret)
x Acts of assigning, etc. a device, etc. by obstructing the effect of technological restriction measures Acts of assigning, delivering, displaying for the purpose of assignment or delivery, exporting or importing (a) devices having the sole function of enabling the viewing of images or hearing of sounds, the running of programs, or the recording of images, sounds or programs which are restricted by technological restriction measures that are used in business, by obstructing the effect of such technological restriction measures, or (b) data storage media or machines on which programs having only such function have been recorded, or acts of providing programs having only such function through an electric telecommunication line. ×
xi Acts of assigning, etc. a device, etc. to all but specific persons by obstructing the effect of technological restriction measures Acts of assigning, delivering, displaying for the purpose of assignment or delivery, exporting or importing to all but specific persons (a) devices having the sole function of enabling the viewing of images or hearing of sounds, the running of programs, or the recording of images, sounds or programs which are restricted by technological restriction measures that are used in business to restrict all but said specific persons from viewing images or hearing sounds, running programs, or recording images, sounds or programs, by obstructing the effect of such technological restriction measures, or (b) data storage media or machines on which programs having only such function have been recorded, or the act of providing programs having only such function through an electric telecommunication line. ×
xii Acts of wrongfully acquiring or holding a right to use a domain name(s), or using a domain name(s) Acts of acquiring or holding a right to use a domain name(s) that is identical or similar to another person’s specific indication of goods or services, or the acts of using any such domain name(s), for the purpose of acquiring an illicit gain or causing injury to another person.
xiii Acts of misrepresenting information on goods or services, or assigning, etc goods or services with such an indication Acts of misrepresenting information on goods or services, or in an advertisement thereof or in a document or correspondence used for a transaction related thereto, in a manner that is likely to mislead the public as to the place of origin, quality, contents, manufacturing process, use or quantity of such goods, or the quality, contents, purpose or quantity of such services, or the act of assigning, delivering, displaying for the purpose of assignment or delivery, exporting, importing or providing through an electric telecommunication line, goods with such an indication or providing services with such an indication.
(limited to trademark matters)
xiv Acts of damaging business reputation Acts of making or circulating a false allegation that is injurious to the business reputation of another person in a competitive relationship.
(limited to patent, utility model, design, trademark, and circuit layout matters)
xv Acts by agent, etc. of using a right related to a trademark without a legitimate reason and the consent of the owner Acts by an agent, representative, or a person who was, within one year of the date of the act, an agent or representative of an owner of a right relating to a trademark in a country of the Union established by the Paris Convention or in a Member of the World Trade Organization or in a contracting party to the Trademark Law Treaty, without a legitimate reason and the consent of the owner of such right, using a trademark identical or similar to the trademark relating to such right in respect of goods or services identical or similar to those relating to such right, or the act of assigning, delivering, displaying for the purpose of assignment or delivery, exporting, importing or providing through an electric telecommunication line goods using such trademark, which are identical or similar to the goods relating to such right, or providing services using such trademark, which are identical or similar to the services relating to such right.

 Chief of the Unfair Competition ConsultationPatent and Trademark AttorneyChiaki GOMITA
 DEPUTY DIRECTOR GENERALPatent and Trademark AttorneyKenjiro FUJITA
 In charge of Hiroshima OfficePatent and Trademark AttorneyShinji IMANO

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