Order for Enforcement of the Unfair Competition Prevention Act（Cabinet Order No. 388 of 2001）
Last Version： Cabinet Order No. 388 of 2023
目次
履歴
  • 令和7年4月28日
    • 最終更新：令和五年政令第三百三十八号
    • 翻訳日：令和6年7月4日
    • 辞書バージョン：17.0
  • 令和6年9月2日
    • 最終更新：令和五年政令第三百三十八号
    • 翻訳日：令和6年7月4日
    • 辞書バージョン：17.0

Order for Enforcement of the Unfair Competition Prevention Act (Any data that the title of a law indicates to be a "Tentative translation" has not yet been proofread or corrected by a native English speaker or legal translation expert; this data may be revised in the future.Tentative translation)
Cabinet Order No. 388 of December 5, 2001
The Cabinet hereby enacts this Cabinet Order pursuant to the provisions of Article 11, paragraph (2), item (iii) of the Unfair Competition Prevention Act (Act No. 47 of 1993).
(Contents of a Technical Secret)
Article 1The information specified by Cabinet Order as referred to in Article 5-2, paragraph (1) of the Unfair Competition Prevention Act (hereinafter referred to as the "Act") is the method of evaluating or analyzing information (excluding methods that fall under the category of manufacturing methods).
(Acts Obviously Involving the Use of Technical Secrets)
Article 2The act specified by Cabinet Order as referred to in Article 5-2, paragraph (1) of the Act is the provision of services for evaluating or analyzing by using a technical secret (limited to a technical secret regarding a method of evaluating or analyzing information (including methods that fall under the category of manufacturing methods)) as prescribed in Article 2, paragraph (1), item (x) of the Act.
(Foreign Public Officials Specified by Cabinet Order)
Article 3(1)The persons specified by Cabinet Order set forth in Article 18, paragraph (2), item (iii) of the Act are to be persons who engage in the business affairs of the following undertaking (excluding the undertakings prescribed in the same item) to which special rights and interests are granted by the national or local government of the foreign sates for performance of its business:
(i)an undertaking in which voting rights exceeding 50 percent of all shareholders' voting rights are directly held by one or more of the national or local governments of foreign states;
(ii)an undertaking for which, with respect to all or part of the matters to be resolved at a shareholders meeting, the resolution will not become effective unless the national or local government of a foreign state conducts permission, authorization, approval, consent or any other act similar thereto, or which may invalidate the resolution;
(iii)an undertaking in which one or more of the national or local governments or public undertakings of foreign states directly owns a number of voting shares or an amount of capital subscription that exceeds 50 percent of that undertaking's total issued voting shares or total amount of capital subscription, or in which voting rights exceeding 50 percent of the voting rights of all shareholders are directly held by one or more of the national or local governments or public undertakings of foreign states, or in which the majority of officers (meaning directors, auditors, council members, inspectors, liquidators, and other persons engaged in management of the business; the same applies in the following paragraph) are appointed or designated by one or more of the national or local foreign governments or public undertakings of foreign states (excluding undertakings prescribed in item (i)).
(2)The term "public undertaking" prescribed in item (iii) of the preceding paragraph means an undertaking as prescribed in Article 18, paragraph (2), item (iii) of the Act and an undertaking as set forth in items (i) and (ii) of the preceding paragraph. In this case, an undertaking in which one or more of the national or local foreign governments or public undertakings of foreign states directly owns a number of voting shares or an amount of capital subscription that exceeds 50 percent of that undertaking's total issued voting shares or total amount of capital subscription, or in which voting rights exceeding 50 percent of the voting rights of all shareholders are directly held by one or more of the national or local governments or public undertakings of foreign states, or in which the majority of officers are appointed or designated by one or more of the national or local foreign governments or public undertakings of foreign states is deemed to be a public undertaking.