I hereby promulgate the Law for Partial Amendments to the Unfair Competition Prevention Law.
Signed:HIROHITO, Seal of the Emperor
This first day of the fourth month of the twenty-fifth year of Showa (April 1, 1950)
Prime Minister YOSHIDA Shigeru
Law for Partial Amendments to the Unfair Competition Prevention Law
The Unfair Competition Prevention Law (Law No.14 of 1934) shall be partially amended as follows:
Article 1 shall be amended as follows:
Article 1. In case there are those whose act falls under any one of the following items, a person who is in danger of his business interest being injured by it, may demand the stoppage thereof:
1. Acts creating confusion between his and another person's merchandise by using the same or similar indications such as another person's name, trade-name, trade-mark, container, package or any other indication showing that it is another person's merchandise, which are widely recognized as such in the area where this Law is in force, or by selling, distributing or exporting merchandise bearing such indications;
2. Acts creating confusion between his and another person's business facilities or activities by using the same or similar indications such as another person's name, trade-name, label, or any other indication showing that the business is another person's which are widely known as such in the area where this Law is in force;
3. Act creating misconception as to the place of origin by using a false indication on merchandise or advertisement thereof or by selling, distributing or exporting merchandise bearing such indication;
4. Acts of making such indications on merchandise or advertisement thereof, as tend to create a false or mistaken impression that it was produced, manufactured or processed in places other than the country where the merchandise was actually produced, manufactured or processed or acts of selling, distributing or exporting merchandise bearing such indications;
5. Acts of making such indications on merchandise or advertisement thereof, as create false or mistaken impression with respect to quality, contents or quantity of merchandise, or acts of selling, distributing or exporting merchandise bearing such indications;
6. Acts of making or spreading false statement which is detrimental to the business reputation of another person who is in competitive relation with him.
The following one Article shall be added next to Article 1:
Article 1-(2). Any person who has committed, intentionally or through negligence, any act falling under any one of the items of the preceding Article shall be liable to damages to a person whose business interest has been injured thereby.
Against any person who has injured the business reputation of another person by committing an act under item 1 or 2 of the preceding Article or who has committed an act under item 6 of the same Article, the court may, on the application of the injured person, order such measures as may be necessary for restoring the latter's business reputation in lieu of or in addition to the compensation for damage.
Article 2 shall be amended as follows:
Article 2. The provisions of the preceding two Articles and Article 5 shall not apply to any act which falls under any one of the following items:
1. Any act of using, by method in general use, a common name of merchandise or any indication customarily used in the course of ordinary transactions for the same kind of merchandise, or any act of selling, distributing or exporting merchandise bearing such name or indication;
2. Any act of using, by method in general use, a name or any other indication customarily used in the course of ordinary transactions for the same kind of business;
3. Any act of using in good faith one's own name, or any act of selling, distributing or exporting merchandise bearing such a name;
4. Any act of using the indication under Article 1 item 1 or 2 or one similar thereto in good faith by one who has been using it since before the said indication became generally known in the area where this Law is in force or by one who has succeeded in the use of it together with the business itself to him, or any act of selling, distributing or exporting merchandise bearing the said indication by him.
Any person who is in danger of his business interests being injured by a person who commits any act under item 3 or 4 of the preceding paragraph, may demand such person to use, in addition, an indication suitable to prevent confusion of merchandise or business facilities or activities; provided that, the same shall not necessarily apply to those who simply sell, distribute or export merchandise.
In Article 3, "Foreign nationals" shall be amended as "foreign nationals other than those belonging to signatory powers of the International Convention for the Protection of Industrial Property," and ", Article 1-(2) and paragraph 2 of the preceding Article" shall be added next to "Article 1."
In Article 4 paragraph 4, "Empire" shall be amended as "Japan."
Article 5 shall be amended as follows:
Article 5. Any person coming under any one of the following items shall be punished with penal servitude not exceeding 3 years or a fine not exceeding 200,000 yen:
1. Any person who has made a false indication which creates a false or mistaken impression with respect to the place of origin, contents or quantity of merchandise on his merchandise or advertisement thereof;
2. Any person who has, for the purpose of unfair competition, committed any act under Article 1 items 1 and 2;
3. Any person who has, for the purpose of unfair competition, committed any act under Article 1 items 3 to 5 inclusive;
4. Any person who has acted in violation of the provisions of the preceding Article.
The following one Article shall be added next to Article 5:
Article 5-(2). In case a representative of juridical person, or a proxy, employee or any other worker of a juridical person or natural person has, in connection with the business of the said juridical person or natural person, committed the violation under the preceding Article, such juridical person or natural person shall be punished with a fine under the same Article, in addition to the punishment imposed upon the offender.
In Article 6, "Article 1 paragraph 1 items (1) to (3) inclusive and Article 4 paragraphs 1 to 3 inclusive" shall be amended as "Article 1 items 1 and 2, Article 1-(2), Article 4 paragraphs 1 to 3 inclusive and Article 5 item (2)."
Supplementary Provision:
This Law shall come into force as from the day after one month computing from the day of its promulgation.
Attorney-General UEDA Shunkichi
Minister of International Trade and Industry IKEDA Hayato
Prime Minister YOSHIDA Shigeru