「知財管理」誌
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| 掲載巻(発行年) / 号 / 頁 | 6巻(2006年) / 1号 / 31頁 |
| 論文区分 | 論説 |
| 論文名 | 2005 Amendment of Unfair Competition Prevention Law |
| 著者 | フェアトレード委員会 |
| 抄録 | The Law Partially Amending the Unfair Competition Prevention Law, etc. (Law No. 75 of 2005) was enacted on June 22, 2005, and promulgated on June 29 of the same year, to enter into force on November 1, 2005. Since the competitive environment in business activities is increasingly intensifying on a global scale, reinforcement of intellectual property (IP) protection is essential for companies to maintain and strengthen their competitiveness. The Intellectual Property Policy Outline and the Intellectual Property Strategic Program 2004 have set out plans for law amendments to strengthen IP protection, these plans have been accomplished step by step, and the Unfair Competition Prevention Law has also been amended as part of such plans. Specifically, new penal provisions were added to the criminal penalties for misuse of trade secrets, which had been introduced in 2003, to introduce criminal penalties for imitation of the configuration of another person’s goods and misappropriation of another person’s famous indications. In addition, the penal provisions against acts of unfair competition were made more strict. Furthermore, as the amendment also made punishable persons who have violated courts’ protective orders related to trade secrets outside Japan, it was decided to establish similar provisions in the Patent Law, the Utility Model Law, the Design Law, the Trademark Law, and the Copyright Law as well. This report describes the details of the amendment law. |
