Revisiting the Japanese Unfair Competition Law: Post-Bellure

摘要

This article is based on a comparative analysis of trade mark protection in Japan and the EU. The main purpose of this article is threefold: first, to consider how the Japanese trade mark regime could deal with the Bellure -type claim; secondly, to demonstrate what kinds of remedies might be available to owners of well-known trade marks under the existing Japanese laws; and thirdly, to examine the efficacy of the protection of well-known trade marks in Japan. The second part contains a detailed critical examination of whether the Bellure-type claim would succeed in application to the Japanese Unfair Competition Prevention Act, and how the Japanese jurisdiction differs from the EU trade mark regime. The author concludes that the different Japanese approach from that of the EU could be an effective tool to provide appropriate protection for owners of well-known trade marks.