PRACTICE AREAS

Intellectual Property Unfair Competition

A Law to Ensure Fair Competition
The Unfair Competition Prevention Act aims to prevent unfair competition and ensure fair competition among enterprises in a society that allows free competition. This law provides individuals whose business profits are lost or at a risk of being lost due to unfair competition with a right to seek injunctions and remedies such as compensation for damage.  Therefore, unlike other industrial property laws, it does not provide for registration rights with the Japan Patent Office.

Various Forms of “Unfair Competition”
A wide range of acts are considered as Unfair Competition.  These acts are: (1) unauthorized use of well-known indications (acts causing confusion with indications of well-known goods and the like, or unauthorized use of indications of well-known goods and the like); (2) distribution of goods which imitate the configuration of another individual’s goods without permission; (3) infringement of trade secrets; (4) distribution of devices and the like that interfere with copy protection technology; (5) unfair acts regarding domain name(s); (6) acts which are likely to mislead the public as to the place of origin and the like of goods; (7) acts which damage the reputation of competitors; and (8) unauthorized use of trademarks by representatives and others.  Also, the law prohibits certain acts based on treaties and international agreements.  These prohibited acts are: (1) commercial use of foreign national flags and similar symbols; (2) commercial use of marks of international organizations; (3) providing bribes and the like to foreign public officials and others.

Protection of Brands, Anti-Counterfeiting Measures and Protection of Trade Secrets
The Unfair Competition Prevention Act can be used to prevent the unauthorized use of one’s brand as an indication of the business of a third party, to prevent the sale of a third party’s goods that imitate the configuration of another’s goods without permission, and the like.  At TMI, our Intellectual Property Team will take effective legal action utilizing the Unfair Competition Prevention Act with regard to the unauthorized use of well-known indications and taking anti-counterfeiting measures.  Further, as for trade secrets, we provide a wide range of services in accordance with our clients’ needs, from the preparation of company regulations that comply with the necessary requirements for protection under the Unfair Competition Prevention Act to taking legal action against trade secret infringement.

Attorneys in this Practice Area

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Related Seminars and Lectures

2019/02/06MONTHLY TMI Associates’ 128th monthly seminar: “Trademark, Design and Unfair Competition Lawsuit Judgments in 2018 Which Professionals Should Note – with Comments from Attorney Shuhei Shiotsuki, a Former Presiding Judge of the Intellectual Property High Court”
2018/01/31MONTHLY TMI Associates’ 114th monthly seminar: “Trademark, Design and Unfair Competition Lawsuit Judgments in 2017 Which Professionals Should Note – with Comments from Attorney Shuhei Shiotsuki, a Former Chief Judge of the Intellectual Property High Court”
2017/01/23MONTHLY TMI Associates’ 103rd monthly seminar: “Trademark, Design and Unfair Competition Lawsuit Judgments in 2016 Which Professionals Should Note – with Comments from Attorney Shuhei Shiotsuki, a Former Chief Judge of the Intellectual Property High Court”
2016/01/20MONTHLY TMI Associates’ 91st monthly seminar: “Judicial Precedents in 2015 of Trademarks, Unfair Competition and Copyrights – Roundup of Judicial Precedents and Points to Note in Practice”
2015/10/19MONTHLY TMI Associates’ 88th Monthly Seminar “[Additional Session] Management of Confidential Information and the Amendment to the Trade Secret Laws – The 2015 Amendment to the Unfair Competition Prevention Act and the Revision of the Guidelines for the Management of Trade Secrets”
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