The Japanese cabinet recently approved it "About partial revision〈Law on the Prevention of Unfair Competition〉And other laws of the act" (Hereinafter referred to as " "bill" " ) , Against Japan "Law on the Prevention of Unfair Competition" (Hereinafter referred to as " "UCP method" " ) And other intellectual property laws have been amended. These revisions reflect the Japanese government's efforts to modernize Japanese law and adapt to the evolving IP related needs of multinational corporations.

The major changes resulting from these amendments include:

Based on the diversification and digitalization of the business, Strengthen intellectual property protection by expanding the types of trademarks and Copyrights that can be registered, And strengthen the fight against data breaches and infringements in the digital space;

In response to the COVID-19 pandemic and growing digital demands, Develop intellectual property procedures by allowing the use of online service procedures and online submission of intellectual property applications;

By imposing tougher penalties for bribing foreign officials, And clarify the procedures for international trade secret infringement cases to support the development of international business.

Strengthen protection of intellectual property rights

"UCP method" : "bill" right "UCP method" The scope of the constraint is extended, Include digital counterfeit products, Allows entities to seek court orders, To prohibit the online distribution of such counterfeit products. therefore, If someone is engaged in the sale of counterfeit products in the digital space, The right holder can apply for an injunction. revised "UCP method" It also acknowledged emerging services that provide big data to third parties, And the need to protect such data by expanding the right of data owners to seek injunctions and other remedies in the event of a data breach. before, "UCP method" Similar protections are provided for big data, But only if the data is not kept confidential.

In addition, revised "UCP method" It also increased penalties for unfair competition. traditionally, An aggrieved entity can only claim for loss of profits or reasonable royalties, namely: (1) Based on the manufacturing and marketing capabilities of the injured entity, In the absence of unfair practices, The profit that the injured entity would have made by exploiting the demand for the disputed product; (2) The equivalent amount of profit generated by the infringer through unfair competitive activities; or (3) Fair usage. Under the new revision, except (1) In addition to the profit loss described, The injured entity may also seek royalties for profits made by the infringer from the use of demand for the product in addition to the injured entity's manufacturing and marketing capabilities.

"Trademark law" : "bill" It also expanded the types of trademarks that could be registered, Individuals who conduct business under their own name are allowed to use that name as a trademark, And allows trademark registration of those names in certain circumstances without the consent of others. In addition, although "Trademark law" Continue to prohibit the registration of trademarks similar to those already registered, But if there is no risk of product origin confusion, And the prior trademark owner agrees to register, revised "Trademark law" Registration of similar trademarks is permitted. "bill" Same for "UCP method" revised, So that the act of registering the corresponding trademark is not regarded as anti-competitive.

Improve digital intellectual property procedures

In response to the COVID-19 outbreak, "bill" The related content of the intellectual property procedure has been revised, To modernize and digitize Japan's IP service system. Such as, "bill" Have revised "Patent law" and "Trademark law" , A copy of the proof of concept is allowed, If such proof exists in digital format, It is simplified to practical proof. In addition, To better accommodate those who are engaged in international business, revised "Trademark law" A one-time payment is allowed for the international registration of a trademark application.

International business development

The confirmation was made stronger for international businesses, More clarity on the need for regulations, "bill" Have revised "UCP method" , By increasing statutory penalties for individuals who violate bribery regulations, Better execution "Oecd anti-bribery Convention" . In addition, The amendment also provides for penalties for bribery committed overseas by foreign employees of Japanese companies. The two penalties also extend the scope of penalties to companies. "bill" Further revised "UCP method" , Even if Japanese companies' trade secrets are violated overseas, Lawsuits can also be filed in Japanese courts where Japanese antitrust laws apply.

Although the cabinet is in place 2023 years 3 Approved in October "bill" , But the bill will next be submitted to Congress for consideration and approval, And will be in 2023 years 6 Implementation after the adoption of the month. (Be compiled from www. lexology. com)

TRANSLATORS: Wang Dan　proofread: Rason group

disclaimer: This network reprint or compile the original articles are from the network, Does not represent the views of this website or confirm the authenticity of its content. If the source is mislabeled or the copyright of the article is involved, Please contact us, This website will be corrected in due course, delete, thank you.