Reform of Patent Law, Utility Model Law, Design Law, Unfair Competition Law(Asahi Shimbun, January 14, 2006)
The strengthen measures are as follows:
1) An increase in the maximum penalty for counterfeiting under the Patent Law, Utility Model Law and Design Law to the penalty, imposed under the Unfair Competition Law, i.e. penal servitude of no more than 5 years and a fine of no more than 5,000,000 yen (300,000,000 yen for a juridical person);
2) Prohibition of the export of counterfeit products;
3) Expansion of protection under the Design Law to include not only the design of the physical shape of electronic machinery but also the operational screen designs of electronic machinery connected to a TV;
4) Extension of the term of the design right from 15 years to 20 years from the date of registration; and
5) Expansion of the provision under the Trademark Law (Article 37(ii) of Trademark Law) that prohibits any person from having a counterfeit product with the purpose of assignment, to the Patent Law, Utility Model Law and Design Law.
Comments
The fact that a Japanese consumers purchase counterfeit products and pirated editions is regarded as one cause of the trade in counterfeit products and pirated editions.
Therefore, the Japan Patent Office carried out "a counterfeit product / a pirated edition destruction campaign" in December last year. This campaign used posters, magazine articles, banner advertisement on the internet, leaflets, and a special web site to enlighten the nation (http://www.jpo.go.jp/torikumi/index_p.htm).
It is necessary for every consumer to take this problem seriously. They should realize that it is an illegal to sell counterfeit products or pirated editions and that the purchase of counterfeit products or pirated editions assists to the illegal activity. Where there is a demand for counterfeit products or pirated editions, they cannot be exterminated.