Laws and Regulations under TRIPS Art. 63.2 - View details of the document

Japan
Anti-monopoly Act Concerning Prohibition of Private Monopoly and Maintenance of Fair Trade (Law No. 54 of 14 April 1947, as last amended by Law No. 89 of 12 November 1993)
Article 100 of the Anti-monopoly Act (Revocation of Patent Rights or Patent Licences) provides that it is the court that makes the declaration of revocation of patent rights or patent licences. 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. Anti-monopoly Act Concerning Prohibition of Private Monopoly and Maintenance of Fair Trade is aimed 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).
Promulgated on 12 November 1993