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

Act Concerning Prohibition of Private Monopoly and Maintenance of Fair Trade (Anti‑monopoly Act) (Law No. 54 of 14 April 1947, as last amended by Law No. 35 of 27 April 2005).
Article 100 of the 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. The Act 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 Articles 3 (Prohibition of Private Monopolization and Unreasonable Restraint of Trade), 6 (Prohibition of Particular International Agreement or Contract) and 19 (Prohibition of Unfair Trade Practices) of the 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 Act (Duty of the Personnel of the Fair Trade Commission to preserve trade secrets).