飯島国際商標特許事務所

Japan：Unfair Competition Prevention Act

Revised Unfair Competition Prevention Act effective April 1, 2024

2024-03-29

The revised Unfair Competition Prevention Act will go into effect on April 1, 2024. The main revisions are as follows:

Prevention of acts of imitation in the digital space
With respect to acts of imitation of product forms, the provision of products in digital space that imitate the product forms of others will also be subject to acts of unfair competition, and the right to demand an injunction, etc. will be exercisable.

Strengthening Protection of Trade Secrets and Limited Provision Data
Under the Unfair Competition Prevention Law, services that share big data with others will be protected as limited provision data, including cases where the data is managed in confidence, and injunctive relief against infringement will be available.

Strengthening and Expansion of Penalties for Bribery of Foreign Public Officials
In order to accurately implement the OECD Convention against Bribery of Foreign Public Officials at a higher level, the statutory penalties for natural persons and legal entities will be increased, and the act of sole overseas bribery by a foreign employee of a Japanese company will also be subject to punishment.

Clarification of Procedures for International Trade Secret Infringement Cases
If an infringement of a Japanese company's trade secrets occurs outside of Japan, a lawsuit can be filed in a Japanese court, and the Japanese Unfair Competition Prevention Law will be applied.

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