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JAPAN

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Japan has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

JAPAN

Since November 2001, last amended in 2013

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders (Act No. 137 of 2001) (平成十三年法律第百三十七号 - 特定電気通信役務提供者の損害賠償責任の制限及び発信者情報の開示に関する法律)
Japan's Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 3 of the Act, no Internet service provider (ISP) may be held liable for failing to delete infringing content. Furthermore, the Act also shields ISPs from the liability for any damage caused by the deletion of content on its network if the ISP reasonably believes that the content infringes the intellectual property rights or privacy of others or if a third party alleges infringement and the content sender does not respond to the ISP's inquiry within seven days.
Coverage Internet Intermediaries

JAPAN

Since November 2001, last amended in 2013

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders (Act No. 137 of 2001) (平成十三年法律第百三十七号 - 特定電気通信役務提供者の損害賠償責任の制限及び発信者情報の開示に関する法律)
Japan's Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders establishes a safe harbour regime for intermediaries beyond copyright infringements. According to Art. 3 of the Act, no Internet service provider (ISP) may be held liable for failing to delete infringing content. Furthermore, the Act also shields ISPs from the liability for any damage caused by the deletion of content on its network if the ISP reasonably believes that the content infringes the intellectual property rights or privacy of others or if a third party alleges infringement and the content sender does not respond to the ISP's inquiry within seven days.
Coverage Internet Intermediaries

JAPAN

Since April 2006

Pillar Intermediary liability  |  Indicator User identity requirement
Act for the Prevention of Illegal Mobile Phone Use
Act for the Prevention of Illegal Mobile Phone Use requires mobile voice communication carriers to verify the identity of subscribers when a contract is terminated or transferred.
Coverage Mobile voice communication carriers

JAPAN

Since April 2022

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Import ban applied on ICT goods or online services
Revision of the Ministry of Economy, Trade and Industry's Public Notice based on the Foreign Exchange and Foreign Trade Act (Prohibition of import of some goods from Russia) (外国為替及び外国貿易法に基づく経済産業省告示の改正について (ロシアからの一部物品の輸入禁止措置))
Japan has introduced import restrictions on certain goods from Russia under the Foreign Exchange and Foreign Trade Act. The Ministry of Economy, Trade and Industry has amended its public notice, based on Art. 52 of the Foreign Exchange and Foreign Trade Act and Art. 3 of the Import Trade Control Order. This amendment subjects the import ban to approval under Art. 4 of the same Order. The items affected by this approval procedure include automatic data-processing machines and related units (HS 84.71), as well as parts and accessories for office machines like computers and printers (HS 84.73), among others.
Coverage Automatic data-processing machines and units thereof (e.g., computers) (HS 84.71); Parts and accessories for office machines like computers, printers, etc. (HS 84.73)

JAPAN

Since December 1949, as amended in April 2022, last amended in December 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Export restrictions on ICT goods or online services
Cabinet Order on Export Trade Control (Cabinet Order No. 378 of 1949)
As amended in April 2022, under Art. 2.4 of the Cabinet Order on Export Trade Control, anyone wishing to export goods listed in Table 2-3 to Russia must obtain approval from the Minister of Economy, Trade and Industry, following the procedures established by the Ministry's Order. Table 2-3 includes several ICT goods, such as computers and their accessories, communication devices, cryptographic equipment, integrated circuits, semiconductor devices, electronic test equipment, analogue and digital recording devices, oscilloscopes, and components for microwave and millimetre wave equipment.
Coverage ICT goods including communication devices, cryptographic equipment, integrated circuits, semiconductor devices

JAPAN

Since 1961
Since 1971

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Electrical Appliance and Material Safety Act (Act No. 234 of 1961) (昭和三十六年法律第二百三十四号電気用品安全法)

Consumer Product Safety Act (Act No. 31 of 1971) (昭和四十八年法律第三十一号消費生活用製品安全法)
The type of conformity assessment procedure adopted is the Supplier's Declaration of Conformity (SDoC) type 2 - the supplier or manufacturer of the equipment declares the equipment meets the technical and administrative requirements on the basis of test reports by a testing laboratory recognised by the regulator. No registration of the equipment with the regulator is required. This mandatory requirement is limited to EMI for the products covered by the Electrical Appliance and Material Safety Law.
The Act divides electrical products into specified and non-specified products. While specified electrical products such as AC adapters and electric massagers require third-party assessment by a registered conformity assessment body (CAB), non-specified electrical products are subject to a self-declaration scheme for mandatory PSE marks.
Similarly, under the Consumer Product Safety Act (Act No. 31 of 1968), some electrical products classified as special specified products because of high risk to consumer safety require a third-party assessment by a registered CAB, while specified products with moderate risk to consumer safety are subject to self-declaration for PSC mark.
Coverage Electrical products

JAPAN

Since May 1970, last amended in July 2024

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Copyright Act (Act No. 48 of 1970) (著作権法(昭和四十五年法律第四十八号))
Japan has a copyright regime under the Copyright Act. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 30-50 list the exceptions, which include which include quoting and thereby exploiting a work that has been made public. In such a case, the work must be cited consistent with fair practices and within a scope that is justified for the purpose of news reporting, critique, study, or another place in which the work is quoted; to broadcast or cablecast a work that has been made public, in broadcast or cablecast programming for schools that conforms to the curriculum standards provided for in laws and regulations on school education; among others.
Coverage Horizontal

JAPAN

Since June 2000, entry into force in March 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Japan has adopted the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

JAPAN

Since July 2002, entry into force in October 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Japan has adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

JAPAN

Since May 1993, last amended in 2023

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Unfair Competition Prevention Law (Law No. 47 of 1993) (不正競争防止法(平成五年法律第四十七号)
The Unfair Competition Prevention Law (Law No. 47 of 1993) provides a framework for the effective protection of trade secrets. A ‘trade secret’ is defined in the law as a production method, sales method, or any other technical or operational information useful for business activities that are kept secret and are not publicly known (Art. 2). According to Art. 3 of the law, those businesses or persons whose business interests have been, or are threatened to be, infringed on by misappropriation or illegal disclosure shall have the right to seek an injunction. The Unfair Competition Prevention Act provides civil and criminal remedies in such cases where secret information about the company is stolen or disclosed illegally. To protect information according to the Act, companies need to manage such data as “trade secrets”.
Coverage Horizontal

JAPAN

N/A

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Japan to deliver telecom services to end users.
Coverage Telecommunications sector

JAPAN

Since December 1984

Pillar Telecom infrastructure & competition  |  Indicator Maximum foreign equity share for investment in the telecommunication sector
Act on Nippon Telegraph and Telephone Corporation, etc. - Act No. 85 of 1984 (日本電信電話株式会社等に関する法律 - 昭和五十九年法律第八十五号)
Ar. 4.1 of the "Act on Nippon Telegraph and Telephone Corporation, etc." stipulates that the government must at all times hold more than one‑third of the total number of issued shares in the telecommunications company Nippon Telegraph and Telephone (NTT).
Coverage Telecommunications sector

JAPAN

Since December 1984

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Act on Nippon Telegraph and Telephone Corporation, etc. - Act No. 85 of 1984 (日本電信電話株式会社等に関する法律 - 昭和五十九年法律第八十五号)
It is reported that the government holds one-third of the shares in the telecommunications company Nippon Telegraph and Telephone (NTT), as envisioned in Art. 4.1. of the "Act on Nippon Telegraph and Telephone Corporation, etc.", which requires the government to retain more than one‑third of the company’s issued shares at all times.
Coverage Telecommunications sector

JAPAN

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Japan mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector

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