Thursday, October 15, 2015

Amended Unfair Competition Prevention Act Coming into Force on January 1, 2016

METI (Ministry of Economy, Trade and Industry) announced on October 9 that Amended Unfair Competition Prevention Act passed in July will come into force on January 1, 2016.

This amendment increases protection of trade secret against misappropriation, as follows.

  • Criminal fine is expanded up to 30M JPY (250,000 USD) for individual and up to 1,000M JPY (8M USD) for company. Also, different criminal fines are set for domestic leakage and leakage outside Japan. 
  • The investigating authority can start the investigation of a case without complaint by victim.
  • Regarding burden of proof, suspect has to prove that he does not misappropriate the trade secret. 

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