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Antimonopoly Act Concerning Prohibition of Private Monopoly and Maintenance of Fair Trade (Act No. 54 of April 14, 1947, as amended up to Act No. 160 of December 22, 1999), Japan
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Details
Details
Year of Version
2000
Dates
Adopted:
April 14, 1947
Type of Text
IP-related Laws
Subject Matter
Patents (Inventions),
Plant Variety Protection
Notes
The notification by Japan to the WTO under article 63.2 of TRIPS states:
'Article 100 of the Anti-monopoly Act (Revocation of Patent Rights or Patent Licenses) provides that it is the court that makes the declaration of revocation of patent rights or patent licenses. Therefore, an opportunity for judicial review of decisions to revoke or forfeit a patent shall be available. This provision implements Article 32 of the TRIPS Agreement.'
'Antimonopoly Act Concerning Prohibition of Private Monopoly and Maintenance of Fair Trade aims at promoting fair and free competition. The measures which are provided for in paragraph 2 of Article 40 of the TRIPS Agreement are implemented by Article 3 (Prohibition of Unreasonable Restraint of Trade), Article 6 (Prohibition of Particular International Agreement or Contract) and Article 19 (Prohibition of Unfair Trade Practices) of the Anti-monopoly Act. Supply of Information to the Member (paragraphs 3 and 4 of Article 40 of the TRIPS Agreement) shall be done within the limits of Article 39 of the Anti-monopoly Act (Duty of the Personnel of the Fair Trade Commission to preserve trade secrets).'
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Japanese
私的独占の禁止及び公正取引の確保に関する法律(昭和22年4月14日法律第54号。最終改正平成11年12月22日法律第160号)
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WIPO Lex No.
JP017