The System Of Unfair Competition Prevention In Japan
This is the first in-depth treatment in English of Japanese law and practice governing unfair competition. The author analyzes the interaction of the relevant laws - and the case law derived from each - to present a systematic description of how business reputation, trade secrets, well-known marks, and other aspects of business achievement and investment are protected against undue exploitation in Japan.\ Prohibited acts of unfair competition covered include:\ \ misappropriation by confusion...
Search in google:
This is the first in-depth treatment in English of Japanese law and practice governing unfair competition. The author analyzes the interaction of the relevant laws - and the case law derived from each - to present a systematic description of how business reputation, trade secrets, well-known marks, and other aspects of business achievement and investment are protected against undue exploitation in Japan. Prohibited acts of unfair competition covered include:• misappropriation by confusion or passing-off; • misappropriation through breach of trust or fiduciary duty; • slavish imitation of distinct product features; • trade mark piracy; • tortious acts of denigration, libel, and slander; • direct interference by, e.g., boycott or bribery; • undue exercise of intellectual property rights; and • misleading indications on goods and services (e.g., of geographical origin). Several problematic areas - in particular, the obstacles to effective enforcement, and the lack of adequate protection for consumers against acts of unfair competition - are given particular emphasis. The book concludes with cogent proposals on how the Japanese system could be improved and developed, referring to the model provisions of the World Intellectual Property Organization and offering a new and original draft Unfair Competition Act. Any business person or investor interested in the Japanese market will benefit enormously from this practical and insightful volume.
AcknowledgementsPrefaceAbout the AuthorList of Abbreviations1Historical overview1IThe early Meiji Period1IIAccession to the Paris Convention2IIIAfter World War I4IVThe Unfair Competition Act of 19345VChanges under the Allied Occupation6VIComplementary legislation7VIIProtection of commercial achievements9VIIILatest developments11IXEnformcement figures12XMain sources of reference132Protection against "all acts" of unfair competition15IGeneral overview15IIProtection under the Unfair Competition Act24IIIProtection under the Anti-Monopoly Act and its by-laws41IVUnfair competition and intellectual property rights49VProtection under the Commercial Code59VIProtection under general tort law62VIIUnfair competition prevention in the context of Japanese legal culture683Misappropriation of commercial achievements81AMisappropriation by confusion81BMisappropriation by other means1054Acts designed to interfere unreasonably with a competitor's business171IIntroduction171IIInternational and foreign developments173IIIActs of interfering with a competitor's business under Japanese laws176IVUndue exercise of intellectual property rights178VComparative advertising183VIUnfair trade practices against a competitor's business191VIIActs and remedies outside competitive relationships1945Misleading indications199IInternational and foreign developments199IIMisleading indications on goods and services under the UCA205IIIAdvertising, free gifts, and representations206IVGeographical indications2126Enforcement and legal remedies221ICivil law enforcement in general222IIParticular rules on enforcing intellectual property and unfair competition matters230IIIRemedies235IVAdministrative measures248VCriminal enforcement2507Towards a comprehensive system of unfair competition prevention?255IAnalysis in the context of Japanese law255IIUnfair competition models and unfair competition system273IIIThe author's model Unfair Competition Act276Summary285Appendix of Legal Statutes291Chronological List of Cases Cited315Index331
