Unfair Competition Prevention Act Article 3: Right to Injunction

This article provides the right to an injunction as a remedy for parties who have suffered damage due to unfair competition. The injunction referred to in this article means to stop the unfair competition. In other words, based on this article, one can file a lawsuit in court seeking to stop the unfair competition. Furthermore, if an injunction request is granted, the cessation or prevention of the unfair competition, or the disposal of items that constituted the unfair competition, etc., may be ordered.

The parties who can make a request under this article are those "whose business interests have been infringed or are likely to be infringed." In other words, actions such as making a request based on one's own sense of justice when an unrelated third party's interests are being infringed are not permitted.

"Business" generally centers on activities aimed at obtaining profit, but even at a stage where profit is not yet being generated, it is included in business if it is conducted repeatedly and continuously. "Interests" refers to the economic value that a business operator obtains through their business. While money is often viewed as economic value, fame and credit gained through business activities, as well as brand value built through business activities, are also included in economic value.

The "items that constituted the act of infringement" subject to an injunction specifically refer to products, etc., to which another person's trademark or the like has been unfairly applied.

・Unfair Competition Prevention Act Article 3

(Right to Injunction)
Article 3: A person whose business interests have been infringed or are likely to be infringed by unfair competition may request the person who is infringing or is likely to infringe upon those business interests to stop or prevent the infringement.
(2) A person whose business interests have been infringed or are likely to be infringed by unfair competition may, when making a request under the provisions of the preceding paragraph, request the disposal of items that constituted the act of infringement (including items produced by the act of infringement; the same applies in Article 5, paragraph (1)), the removal of equipment used for the act of infringement, or other acts necessary to stop or prevent the infringement.

#PatentAttorney #PatentAttorneyExam #PatentAttorneyExamStudy #IntellectualProperty #IPLaw #UnfairCompetitionPreventionAct #UnfairCompetitionPreventionAct
#DailyNote #Column #DailyUpdate #note #DailyPost #noteDailyUpdate #Daily #RecentLearning #DailyUpdateClub #AnalysisColumn #Creative #ProfessionalServices