Unfair Competition Prevention Law

Unfair Competition Prevention Law

 Based on the Unfair Competition Prevention Law, the importation of the following products is illegal and is subject to injunctions and claims for damages (Article 2, 3, 4, 16 of the same law). 

(1) Merchandise bearing a foreign flag, emblem or a trademark similar thereto, which has not been approved by a foreign government agency.

(2) A product indication that is the same as or similar to a well-known product indication of another product or business. [e.g., a bag with a logo imitating Chanel, the original plate of a counterfeit credit card with a logo of Visa, MasterCard].

(3) Merchandise that uses the same or similar product indication as that of a well-known other company as its own product indication

(4) Goods that imitate the form of another’s goods (excluding the form essential for securing the function of said goods) [So-called dead copy products, etc.]

(5) Items resulting from the unauthorized use of trade secrets

(6) Devices that illegally circumvent technical restriction measures [unprotected devices].

(7) Products that are misleadingly labeled as to origin, quality, content, manufacturing method, or use.

For example, counterfeit brand-name products like (2) and (3), imitations of other companies’ products (dead copy products), and original plates of counterfeit credit cards with logos like Visa, MasterCard, etc. are illegal.

 

When parallel import of genuine products becomes illegal

 Recently, the popularity of resale business (sedori) has increased, and there have been cases of people being sued for trademark infringement or violation of the Unfair Competition Prevention Law when they purchase authentic products overseas and sell them in Japan.

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