【Unfair Competition Prevention Act ★★】 A case in which the court found that the configuration of the plaintiff’s product is considered a well-known indication of goods or business, the configuration of the plaintiff’s product and that of the defendant’s product are similar to each other as an indication of goods or business, and the sale of the defendant’s product is likely to mislead the public as to the source of product, and held that the defendant’s act of selling its product falls under Article 2, paragraph (1), item (i) of the Unfair Competition Prevention Act, and the court issued an injunction against assignment of the defendant’s product and ordered the defendant to destroy its product.
The Intellectual Property High Court decision on August 29, 2019 (Case No. 2019 (Ne) 10002 – the presiding judge Otaka) (The original decision rendered by the Tokyo District Court on December 26, 2018 [case No. 2018 (W) 13381] – the presiding judge Yamada) ◆ Main text of the case 【Summary of the Judgment】 […]
The Unfair Competition Prevention Act (“Act”) was revised in 2018, and came into effect on 1st of July, 2019. The revised Act is said to be the first law in the world which tries to protect “big data” itself. Background of the Revision Data is becoming more and more valuable under The Forth […]
I. Background of the legislation Many incidents have recently been reported concerning misappropriation of Japanese companies’ trade secret, especially by foreign entities. To take some examples: i) Nippon Steel and Sumitomo Metal (“NSSM”) v. Posco Posco, a Korean steel giant company, allegedly misappropriated NSSM’s trade secrets related to manufacture of steel. A civil litigation was brought […]
Winny is a peer-to-peer file-sharing program developed by a certain Japanese individual. According to the 2006 report by the Recording Industry Association of Japan, more than three million people had tried Winny, and it had become the most popular file-sharing program in Japan. In 2003, two Japanese users of Winny were arrested and accused of […]