Global Intellectual Property Center

Japan

Japan

Primary Sources

  • Act against Unjustifiable Premiums and Misleading Representations (Law No. 134 of May 15, 1962, as last amended by Law No. 35 of 27 April 2005) (2005)
  • Act for Establishment of the Intellectual Property High Court (Act No. 119 of June 18, 2004) (2004)
  • Act on Special Provisions of the Exceptional Provisions to the Copyright Act, required as a consequence of the Enforcement of the Universal Copyright Convention
  • Act on the International Applications under the Patent Cooperation Treaty (Act No. 30 of April 26, 1978, as amended up to Act No. 36 of May 14, 2014) (2015)
  • Act on the Partial Revision of the Patent Act and Other Acts (Act No. 36 of May 14, 2014) (2014)
  • Act on the Partial Revision of the Patent Act and Other Acts (Act No. 55 of July 10, 2015) (2016)
  • Act on the Promotion of Technology Transfer from Universities to Private Business Operators (Act No. 52 of May 6, 1998, as last amended by Act No. 63 of June 8, 2011) (2011)
  • Administrative Litigations Act (Law No. 139 of May 16, 1962, as last amended by Law No. 91 of December 22, 1989 and Law No. 102 of 21 October 2005)
  • Arbitration Act (Act No. 138 of August 1, 2003, as last amended by Act No. 147 of December 1, 2004) (2004)
  • Basic Law for the Promotion of Culture and the Arts (Act No.148 of December 7, 2001) (2001)
  • Cabinet Order Concerning the Transitional Measure for the Partial Revision of Enforcement Law of the Design Act (2006)
  • Cabinet Order Concerning the Transitional Measure Partially Amending Enforcement Law of the Patent Act (2005)
  • Cabinet Order Concerning the Transitional Measures for Partial Revision of the Patent Law (1970)
  • Cabinet Order Concerning the Transitional Measures for Partial Revision of the Patent Law (2007)
  • Cabinet Ordinance on Organization of Executive Office of Fair Trade Commission (Cabinet Ordinance No. 373 of August 30, 1952, as last amended by Cabinet Ordinance No. 103 of March 29, 1995, No. 219 of July 2, 1999, and No. 177, of 26 April 2006)
  • Cabinet Ordinance Regarding Transitional Measures Accompanying Enforcement of Revised Trademark and Design Law (2007)
  • Civil Code (Law No. 89 of April 27, 1896, as last amended by Law No. 79 of May 21, 1991, Law No. 149 of December 1, 1999 and Law No. 138 of August 1, 2003)
  • Civil Provisional Remedies Act (2011)
  • Code of Civil Preservative Procedure (Law No. 91 of December 22, 1989, as last amended by Law No. 110 of June 26, 1996, Law No. 138 of August 1, 2003 and by Law No. 50 of 2 June 2006)
  • Code of Civil Procedure (Law No. 109 of 26 June 1996, as last amended by Law No. 151 of 1 December 1999, Law No. 128 of 25 July 2003 and Law No. 102 of 21 October 2005)
  • Code of Civil Procedure (Law No. 29 of April 21, 1890, as last amended by Law No. 30 of April 2, 1992 and Law No. 109 of June 27, 1996)
  • Code of Civil Procedure (2011)
  • Code of Criminal Procedure (Act No. 131 of July 10, 1948, as last amended by Act No. 26 of April 27, 2010) (2010)
  • Code of Criminal Procedures (Law No. 131 of July 10, 1948, as last amended by Law No. 138 of August 18, 1999, Law No. 61 of May 30, 2003, and by Law No. 36 of May 8, 2006) (2006)
  • Companies Act (Act No. 86 of July 26, 2005) (2006)
  • Consumer Product Safety Act (Act No. 31 of June 6, 1973, as last amended by Act No. 105 of August 30, 2011) (2011)
  • Copyright Act (Act No. 48 of May 6, 1970, as amended up to Act No. 35 of May 14, 2014) (2015)
  • Copyright Amendment Act 1998 (1998)
  • Customs Act (Act No.61 of April 2, 1954, as last amended by Act No. 13 of March 31, 2010) (2010)
  • Customs Tariff Act (Act No. 54 of April 15, 1910, as last amended by Act No. 14 of March 31, 2009) (2009)
  • Cyber Security Strategy Headquarters, Unified standard for information security measures of government agencies
  • Design Act (Act No. 125 of April 13, 1959, as amended up to Act No. 55 of July 10, 2015) (2016)
  • Design Registration Order (Cabinet Order No.41 of March 24, 1960, as last amended by Cabinet Order No.404 of December 26, 2008) (2008)
  • Enforcement Law of the Design Act (Act No. 126 of April 13, 1959) (1959)
  • Enforcement Law of the Patent Act (Act No. 122 of April 13, 1959, as amended up to Act No. 116 of December 14, 1994) (1994)
  • Enforcement Law of the Trademark Act (Act No. 128 of April 13, 1959) (1959)
  • Enforcement Law of the Utility Model Act (Act No. 124 of April 13, 1959, as last amended by Act No. 26 of April 23, 1993) (1993)
  • Enforcement Order of the Act on Exceptional Provisions for the Registration of Program Works (Cabinet Order No. 287 of August 29, 1998, as last amended by Cabinet Order No. 240 of September 11, 2009) (2009)
  • Enforcement Order of the Act on International Applications under the Patent Cooperation Treaty (Cabinet Order No. 291 of July 14, 1978, as amended up to Cabinet Order No. 235 of August 3, 2007) (2007)
  • Enforcement Order of the Companies Act (Cabinet Order No. 364 of December 14, 2005, as further amended by Cabinet Order No. 100 of 2008) (2008)
  • Enforcement Order of the Copyright Act (Cabinet Order No. 335 of December 10, 1970, as last amended by Cabinet Order No. 299 of December 28, 2009) (2009)
  • Enforcement Order of the Law on Exceptional Provisions to the Copyright Act, required as a consequence of the Enforcement of the Universal Copyright Convention (Cabinet Order No. 259 of July 18, 1964, as last amended by Cabinet Order No. 24 of February 18, 2005) (2005)
  • Enforcement Order of the Patent Act (Cabinet Order No.16 of March 8, 1960, as last amended by Cabinet Order No. 404 of December 26, 2008) (2008)
  • Enforcement Order of the Trademark Act (Cabinet Order No. 19 of March 8, 1960, as last amended by Cabinet Order No. 342 of October 27, 2006) (2006)
  • Enforcement Order of the Utility Model Act (Cabinet Order No. 17 of March 8, 1960, as last amended by Cabinet Order No. 404 of December 26, 2008) (2008)
  • Enforcement Order on Prohibition of Private Monopolization and Maintenance of Fair Trade (Cabinet Order No. 317 of December 1, 1977, as last amended by Cabinet Order No.253 of October 28, 2009) (2009)
  • Enforcement Ordinance of the Copyright Act (Ordinance of MEXT No. 26 of December 23, 1970, as last amended by Ordinance of MEXT No. 38 of December 28, 2009) (2009)
  • Enforcement Ordinance of the Design Act (Ordinance of MITI No. 12 of March 8, 1960, as last amended by Ordinance of METI No. 5 of January 30, 2009) (2009)
  • Enforcement Ordinance of the Design Act (Ordinance of the MITI No. 12 of March 8, 1960, as amended up to Ordinance of the METI No. 36 of March 25, 2016) (2016)
  • Enforcement Ordinance of the Law concerning International Applications under the Patent Cooperation Treaty (PCT) (Ordinance of MITI No. 34 of July 29, 1978, as amended by Ordinance of METI No. 6 of February 20, 2015) (2015)
  • Enforcement Ordinance of the Law on Exceptional Provisions for the Registration of Program Works (Ordinance of MEXT No. 35 of September 25, 1986, as last amended by Ordinance of MEXT No. 36 of December 1, 2008) (2008)
  • Enforcement Ordinance of the Law on Management Business of Copyright and Neighboring Rights (Ordinance of MEXT No. 73 of June 15, 2001, as last amended by Ordinance No. 26 of April 28, 2006) (2006)
  • Enforcement Ordinance of the Patent Act (Ordinance of MITI No. 10 of March 8, 1960, as amended by Ordinance of METI No. 6 of February 20, 2015) (2015)
  • Enforcement Ordinance of the Patent Act (Ordinance of the METI No. 10 of March 8, 1960, as amended up to Ordinance of the METI No. 36 of March 25, 2016) (2016)
  • Enforcement Ordinance of the Patent Act (2011)
  • Enforcement Ordinance of the Patent Registration Order (Ordinance of MITI No.33 of March 30, 1960, as last amended by Ordinance of METI No. 41 of July 1, 2010) (2010)
  • Enforcement Ordinance of the Trademark Act (Ordinance of the MITI No. 13 of March 8, 1960, as amended up to Ordinance of the METI No. 36 of March 25, 2016) (2016)
  • Government Ordinance Partially Amending Patent Law Enforcement Order Concerning the Accelerated Patent Examination (2004)
  • Government Ordinance Partially Amending Patent Law Enforcement Order Concerning the Accelerated Patent Examination (2004)
  • Intellectual Property Basic Act (Act No. 122 of December 4, 2002, as last amended by Act No.119 of July 16, 2003) (2003)
  • Law against Unjustifiable Premiums and Misleading Representations (Act No. 134 of May 15, 1962, as last amended by Act No. 49 of June 5, 2009) (2009)
  • Law Concerning the Cost of Civil Procedure (Law No. 40 of April 6, 1971, as last amended by Law No. 72 of June 5, 1992, Law No. 225 of 22 December 1999,Law No. 138 of August 22, 2003 and Law No. 87 of 26 July 2005)
  • Law concerning the Exceptional Provisions to the Copyright Act, required as a consequence of the Enforcement of the Universal Copyright Convention (Act No. 86 of April 28, 1956, as last amended by Act No. 56 of May 8, 2000)
  • Law Concerning the Special Provisions to the Procedures Relating to an Industrial Property Right (Act No. 30 of June 13, 1990, as last amended by Act No. 16 of April 18, 2008) (2008)
  • Law for Prevention of Unauthorized Recording of Films (Law No. 65 of May 30, 2007) (2007)
  • Law on Exceptional Provisions for the Registration of Program Works (Act No. 65 of May 23, 1986, as amended by Law No. 53 of June 19, 2009) (2009)
  • Law on Exceptional Provisions for the Registration of Program Works (Copyright Law No. 65 of May 23, 1986, as amended up to December 22, 1999 by Law No. 220)
  • Law on Management Business of Copyright and Neighboring Rights (Law No. 131 of November 29, 2000, as last amended by Law No. 28 of May 2, 2008) (2008)
  • Law on Prohibition of Private Monopolization and Maintenance of Fair Trade (Act No.54 of April 14, 1947, as last amended by Act No.51 of June 10, 2009) (2009)
  • Law on Promotion of Creation, Protection and Exploitation of Contents (Act No. 81 of June 4, 2004) (2004)
  • Law on Punishment of Organized Crimes and Control of Crime Proceeds (Act No.136 of August 18, 1999, as last amended by Act No.79 of July 15, 2009) (2009)
  • Limited Partnership Act for Investment (Act No. 90 of June 3, 1998, as last amended by Act No.109 of December 15, 2006) (2006)
  • Ministerial Ordinance related to the Procedures for Cash Payment of Fees for Industrial Properties (2007)
  • Ministry of Economy, Trade and Industry, Software management guidelines, Heisei, 7.11.2015
  • Order for Industrial Property Council (Cabinet Order No.294 of June 7, 2000, as last amended by Cabinet Order No.378 of December 18, 2002) (2002)
  • Order for the Patent Law and Other Related Fees (Cabinet Order No. 20 of March 8, 1960, as last amended by Cabinet Order No. 404 of December 26, 2008) (2008)
  • Ordinance Enforcement of the Design Registration Order (Ordinance of MITI No. 35 of March 30, 1960, as last amended by Ordinance of METI No. 41 of July 1, 2010) (2010)
  • Ordinance for Enforcement of the Trademark Registration Order (Ordinance of MITI No. 36 of March 30, 1960, as last amended by Ordinance of METI No. 41 of July 1, 2010) (2010)
  • Patent (Amendment) Act 2003 (2003)
  • Patent Act (Act No. 121 of April 13, 1959, as amended up to Act No. 55 of July 10, 2015) (2016)
  • Patent Registration Order (Cabinet Order No. 39 of March 24, 1960, as last amended by Cabinet Order No. 404 of December 26, 2008) (2008)
  • Penal Code (Law No. 45 of April 24, 1907, as last amended by Law No. 91 of May 12, 1995, Law No. 138 of August 1, 2003 and Law No. 36 of May 8, 2006)
  • Regulation under the Patent Law (Ordinance No. 10 of the Ministry of International Trade and Industry of March 8, 1960, as last amended by Ordinance No. 26 of the Ministry of Economy, Trade and Industry of March 30, 2007) (2007)
  • Rule of Civil Procedure (Rule No. 5 of the Supreme Court of December 17, 1996, as amended by Rule No. 3 of the Supreme Court of September 27, 2011) (2011)
  • Rule of Criminal Procedure (Rule No. 32 of the Supreme Court of December 1, 1948, as last amended by Rule No. 1 of the Supreme Court of June 1, 1992, Rule No. 5 of July 29, 1997 and by Rule No. 6 of 12 May 2006)
  • Rules on Organization of Executive Office of Fair Trade Commission (Ordinance No. 10 of Prime Minister’s Offices of April 5, 1978, as last amended by Ordinance No. 6 of Prime Minister’s Office of March 29, 1995)
  • Trademark Act (Act No. 127 of April 13, 1959, as amended up to Act No. 55 of July 10, 2015) (2016)
  • Trademark Registration Order (Cabinet Order No. 42 of March 24, 1960, as last amended by Cabinet Order No. 404 of December 26, 2008) (2008)
  • Unfair Competition Prevention Act (Act No. 47 of May 19, 1993, as amended up to Act No. 54 of July 10, 2015) (2016)

Secondary Sources

  • AIPPI (2003). “Jurisdiction and applicable law in the case of cross-border infringement (infringing acts) of intellectual property rights”, Q.174, Japan, the Japanese Group.
  • AIPPI (2005). “Enforcement of IP Rights”, Q.185, Japan, the Japanese Group.
  • AIPPI (2005). “Limitations on exclusive IP Rights by competition law”, Q.187, Japan, the Japanese Group.
  • AIPPI (2005). “Punitive damages as a contentious issue of Intellectual Property Rights”, Q.186, Japan, the Japanese Group.
  • AIPPI (2006). “Amendment of patent claims after grant (in court and administrative proceedings, including re–examination proceedings requested by third parties), Q.189, Japan, the Japanese Group.
  • AIPPI (2008). “Damages for infringement, counterfeiting and piracy of Trademarks”, Q.203, Japan, the Japanese Group.
  • AIPPI (2008). “Liability for Contributory Infringement of IPRs”, Q.204, Japan, the Japanese Group.
  • AIPPI (2008). “The Effectiveness of Border Measures after TRIPS”, Q.147, Japan, the Japanese Group.
  • AIPPI (2008). “The impact of public health issues on exclusive patent rights”, Q.202, Japan, the Japanese Group.
  • AIPPI (2008). “The patentability of business methods”, Q.158, Japan, the Japanese Group.
  • AIPPI (2009). “Border Measures and other means of Customs Intervention against infringers”, Q.208, Japan, the Japanese Group.
  • AIPPI (2010). “Liability for contributory infringement of IPRs – certain aspects of patent infringement”, Q.204P, Japan, Takeshi Aoki, Koji Akutsu, Katsumi Isogai, Yusuke Inui, Yasuharu Uchibori, Shimako Kato, Tomohiko Makino and Hikaru Watanabe, 15.4.2010.
  • AIPPI (2010). “Protection against the dilution of a trade mark”, Q.214, Japan, Arai, Satoru Ebata, Naho Sugita, Rie Nakayama, Mariko Hashimoto, Chikako Hayashi, Izumi Fukuda, Hideyuki Miyagawa, Mitsuko, 7.5.2010.
  • AIPPI (2010). “Protection of Trade Secrets through IPR and Unfair Competition Law”, Q.215, Japan, UBUKATA, Kazuo OKUMURA, Naoki KOBAYASHI, Sumiko HORIGUCHI, Yoshihide MIYAJIMA, Manabu, 28.4.2010
  • AIPPI (2011). “Exceptions to Copyright protection and the permitted Uses of Copyright works in the hi-tech and digital sectors”, Q.216B, Japan, Kei Iida, Sayuri Imako, Yasutaka Iwamoto, Ong Poh Chuan, Hirohito Katsunuma, Kei Konishi, Junko Kobayashi, Yasuhiko Takada, Takashi Nakazaki, 16.5.2011.
  • AIPPI (2011). “Injunctions in cases of infringement of IPRs”, Q.219, Japan, Reiko ITO, Kazuo UBUKATA, Yuki NAOMURA, Manabu MIYAJIMA, Akira WATANABE, 16.5.2011.
  • AIPPI (2012). “Infringement of trademarks by goods in transit”, Q.230, Japan, Noboru TANIGUCHI, Satoru ARAI, Naho EBATA, Tomoyuki KANAI, Haruo GOTO and Mariko NAKAYAMA, 11.7.2012.
  • AIPPI (2012). “The use of prosecution history in post-grant patent Proceedings”, Q.229, Japan, Katsuomi ISOGAI, Kazuo UBUKATA, Hiroshi KAMIYAMA, Kei KONISHI, Sumiko KOBAYASHI, Tsuyoshi SUEYOSHI, Hiroshi SORIMACHI, Hideki TAKAISHI, Hiromi TANAKA, Satoru DENO, Kiyoko NAKAOKA and Nobutaka YOKOTA, 29.6.2012.
  • AIPPI (2013). “Plain Packaging Questionnaire”, Q.212, Japan, the Japanese Group.
  • AIPPI (2014). “IP licensing and insolvency”, Q.241, Japan, Eiichiro KUBOTA, Katsuomi ISOGAI, Kazuo UBUKATA, Naoki OKUMURA, Masatoshi OSHIKAWA, Ayumi NAKADA, Tsuyoshi SUEYOSHI and Tomoko MIYASHITA, 6.6.2014.
  • AIPPI (2014). “Patents-Prior User Rights”, Q.228, Japan, Chihiro OHNISHI, Tomoya DEGUCHI, Yukihiro HOTTA and Yorikatsu HOHOKABE, 12.5.2014.
  • AIPPI (2014). “Second medical use or indication claims”, Q.238, Japan, Shoichi OKUYAMA, Shusa ENDO, Nobuyuki KASIWA, Yoshio KUMAKURA, Sumiko KOBAYASHI, Hideki TAKAISHI, Satoru DENO, Takashi FUJITA, Kunihisa MASUOKA Akiko YAMAGUCHI and Nobutaka YOKOTA, 9.6.2014.
  • AIPPI (2015), “Limitations of the Trademark Protection”, Q.195, japan, Kiyoshi MURAKI.
  • AIPPI (2015). “Acquiescence (tolerance) to infringement of Intellectual Property Rights”, Q.192, Japan, the Japanese Group.
  • AIPPI (2015). “Trade secrets: Overlap with restraints of trade, aspects of enforcement”, Q.247, Japan, the Japanese Group.
  • AIPPI (2016). “Study Question (Copyright) – Linking and making available on the Internet”, Japan, Kazuhiko YOSHIDA, Eichiro KUBOTA, Koutaro ISHIGAMI, Yuriko SAGARA, Tsuyoshi SUEYOSHI, Kiyoko NAKAOKA, Manabu MIYAJIMA and Takahiro YAMAUCHI, 28.4.2016.
  • AIPPI (2016). “Study Question (Designs) – Requirements for protection of designs”, Japan, Hiromichi AOKI, Shoichi OKUYAMA, Naoki OKUMURA, Nobuyuki KASHIWA, Keisuke SOEDA, Noboru TANIGUCHI, Masako NISHIMURA and Minako MIZUNO, 28.4.2016.
  • BSA (2010), Full‒fledged software asset management in Ishikawa Prefecture, 2010
  • Content Overseas Distribution Association (CODA), ‘Piracy “MAG PROJECT” launched!’, Press Release, 30.7.2014
  • Content Overseas Distribution Association (CODA), ‘Stage 2 of the MAG Project Educational Activities’, Press Release, 16.10.2014
  • Crunchyroll.com, 40 People Arrested for Illegal Uploading of Anime, TV Drama in 3 Days, 21.2.2015
  • Crunchyroll.com, Japanese Government’s “MangaAnime Guardians” Has Deleted 700,000 Illegal Files in 5 Months, 17.3.2016
  • DW, Japan defies Trump, approves TPP trade pact, 10.11.2016
  • Fukami Patent Office, A Bill for Partial Amendment of the Patent Law, etc. was approved by the Cabinet and submitted to the Diet, Japan IP Updates, No. 4, March 2014.
  • Japan Patent Office, 2014 Counterfeiting survey, March 2015
  • Japan Patent Office, Feedback from the Japan Patent Office as the Office of a Designated Contracting Party under the Geneva Act of the Hague Agreement, Seminar on the Hague System for the International Registration of Industrial Designs, Geneva, June 23, 2016.
  • Law360.com, Toshiba Wants $1.1B In Trade Secrets Suit, SK Hynix Says, 21.7.2014
  • Managing Intellectual Property, Japan: New Patent Opposition System, 26.1.2015
  • Ministry of Economy, Trade and Industry, FY2014 Survey Report on Losses Caused by Counterfeiting has been Compiled, Press Release, 11.3.2015
  • Ministry of Economy, Trade and Industry, METI to Start the Second Project for Promoting Cross-Industry Anti-Piracy Measures for Manga and Anime, Press Release, 16.10.2014
  • Nikkei Asian Review, Japan moves closer to more muscular copyright laws, 25.2.2016
  • NPA, Press Release, Intensive Crackdown Copyright, February 2015
  • Sonoda & Kobayashi Intellectual Property Law, New Patent Opposition System In Japan, 4.1.2015
  • The Wall Street Journal, Japan Lawmakers Vote to Ratify TPP, 4.11.2016
  • Tobaccocontrollaws.org, Japan, 22.7.2013
  • World Intellectual Property Review, Current status of patent opposition in Japan, 18.12.2015
  • Yuasa and Hara, Revision of the Japanese Trademark Act and Design Act in 2014, IP News, Vol. 40, June 2014.
  • Yuasa and Hara, Revision of the Japanese Trademark Act and Design Act in 2014, Lexology, 4.6.2014