JAPAN Law and Practice Contributed by: Junichi Ueda, Etsuko Hara, Nobuto Shirane, Takahiro Hayase, Yutaka Shimoo and Miki Goto, Anderson Mori & Tomotsune
• transfer; • rental; and • adaptation.
Acts of importing products infringing copyrights are subject to border control measures under the Cus - toms Act. Any intentional infringement of a copyright is also subject to criminal penalties. A copyright infringe - ment is, in principle, a crime subject to prosecution after a complaint has been made. However, following the conclusion of the Trans-Pacific Partnership Agree - ment, distributing pirated copies of movies over the internet has become a crime in and of itself, and no longer requires a complaint. 7.5 Others Devices relating to the shape or structure of an article or a combination of articles are protected by the Utility Model Act without any requirement for a substantial examination to be conducted. Computer programs contained in software are mainly protected by the Copyright Act as copyrighted works of program. Software-related inventions may also be granted patents, provided that they involve hardware control or process-using hardware. Designs, flow - charts and manuals contained in software are pro - tected by the Copyright Act as copyrighted works of language or of diagrams. No sui generis database right exists in Japan. Copy - right protection extends to databases if they consti - tute a creation by reason of the selection or system - atic construction of information contained therein. Trade secrets are protected by the Unfair Competition Prevention Act. “Trade secret” in this Act is defined as technical or business information useful for busi - ness activities, such as manufacturing or marketing methods, that are kept secret and that are not publicly known. A trade secret infringement may give rise to a suit for an injunction, a claim for damages or a claim for recovery of credit, etc. There are presumptive provisions regarding the amount of damages that may arise as a result of an infringement of trade secrets. In a lawsuit for the infringement of business interests by unfair competi - tion, if a court decides that it is necessary to maintain the secrecy of trade secrets held by a party to the
Certain neighbouring rights are also granted to per - formers, producers of phonograms, broadcasters, and cable-caster organisations. There are no formalities that have to be met in order to enjoy legal rights under the Copyright Act. The duration of a copyright begins at the time the work is created. A copyright subsists for a period of 70 years after the death of the author. The copyright does not prohibit (and hence does not restrain other persons from): • the reproduction of the work for private use; • the exploitation of works concerning incidental subjects; • work in the course of consideration; and • any other exceptions separately provided for in the Copyright Act. In recent years, a number of more flexible exceptions have been introduced to promote the use of AI and big data. If the ownership of copyright is transferred to another person, the licensee has the right to continue to use the work as a matter of course. As for remedies for infringement, the author, the copy - right holder, the holder of the right of publication, the performer or the holder of the neighbouring rights may
file a claim for: • an injunction; • disposal of infringing compositions, etc; • damages; • restoration of credibility; or • restitution of unjust enrichment.
There are presumptive provisions regarding the amount of damages that may arise as a result of an infringement of copyrights.
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