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As globalization and digital transformation accelerate, the landscape surrounding intellectual property has undergone significant change. Brands, designs, and proprietary information can now spread instantly online, heightening risks such as counterfeiting, unauthorized copying, and leakage of trade secrets. At the same time, the rise of startups and SMEs has created demand for a more flexible IP system that can support rapid business development.

Against this backdrop, Japan enacted the “Act for Partial Amendment of the Unfair Competition Prevention Act and Related Laws” on June 7, 2023, which was officially promulgated one week later, on June 14. This article provides an overview of the key reforms.

1. Strengthened Protection for Brands, Designs, and Data

The amendment introduces several enhancements that reflect the increasingly diverse business activities made possible by digital technologies.

Expansion of Registrable Trademarks (Trademark Act)

Under the revised Trademark Act, it is now possible to register a trademark that is similar to another party’s earlier trademark, provided that the earlier trademark owner consents. Legitimate use of such marks is also explicitly excluded from acts of unfair competition. Additionally, individuals and companies wishing to register trademarks including their own names may do so under certain conditions, even without third‑party consent. [1](https://skiplaw.jp/blog/13630/)

Relaxed Requirements for Design Filing Procedures (Design Act)

The Design Act has been amended to provide relief when a creator has disclosed a design to multiple parties prior to filing. If certain conditions are met, such disclosures will no longer prevent registration. [1](https://skiplaw.jp/blog/13630/)

Protection Against Online Imitation (Unfair Competition Prevention Act, Article 2)

Previously, protection applied primarily to physical goods. The amendment now extends legal coverage to imitation occurring in digital environments, enabling enforcement—even injunctions—against unauthorized copying of digital product designs or forms. [1](https://skiplaw.jp/blog/13630/)

Enhanced Protection for Trade Secrets and Limited‑Access Data

Confidential materials such as pitch decks, when properly managed, may now qualify as “limited‑access data,” allowing rights holders to demand injunctions or damages for misuse. Furthermore, damage calculations have been revised so that losses exceeding the rights holder’s production capacity can be claimed as reasonable royalty equivalents. [1](https://skiplaw.jp/blog/13630/)

In patent, utility model, and design adjudication procedures, parties may also restrict access to submitted documents when they include trade secrets. [1](https://skiplaw.jp/blog/13630/)

2. Modernized IP Procedures for the Digital and Post‑COVID Era

The amendments also introduce system improvements designed to reduce administrative burdens and ensure continuity of procedures even during disruptions.

Revised Service of Documents (Patent Act Article 191, Design Act Article 5, etc.)

To address situations where postal delivery to overseas applicants is not feasible, the JPO may now treat documents as delivered by public notice. Online delivery has also been introduced, preventing delays caused by postal or logistic issues. [1](https://skiplaw.jp/blog/13630/)

Digitalization of Paper‑Based Procedures

Various procedures—such as patent filings and international trademark applications—can now be handled electronically, reducing paperwork and streamlining processing. A unified payment system allowing multiple fees to be paid together has also been introduced. [1](https://skiplaw.jp/blog/13630/)

Revisions to Fee Reduction Programs for SMEs

To ensure the system is used appropriately while still supporting smaller companies, adjustments were made—including caps on the number of times certain reductions may be applied. [1](https://skiplaw.jp/blog/13630/)

3. Systems Supporting Global Business Expansion

As Japanese businesses operate increasingly across borders, the amendment strengthens procedures addressing international misconduct and rights violations.

Stricter Penalties for Bribery of Foreign Public Officials

Penalties have been strengthened to align with international standards such as the OECD Anti‑Bribery Convention. Notably, Japanese law can now apply to acts committed abroad by foreign employees of Japanese companies. Corporate liability rules have also been expanded. [1](https://skiplaw.jp/blog/13630/)

Clearer Procedures for International Trade Secret Infringement

Even when trade secrets are misappropriated or used outside Japan, domestic litigation is now more clearly supported, allowing Japanese courts to hear such cases under Japanese law. [1](https://skiplaw.jp/blog/13630/)

Conclusion

This comprehensive reform modernizes Japan’s IP framework for a digital, global era. For companies, the amendments mean that proactive and adaptable IP strategies are more important than ever. However, effective use of the reformed system requires specialized knowledge and practical experience.

At SKIP, our experts are fully versed in these latest changes and can provide tailored support in developing and executing your IP strategy. Please feel free to contact us for consultation.