JAPAN
Since June 1970, entry into force in October 1978
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty
Japan is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
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
Sources
- https://web.archive.org/web/20201020113716/http://www.japaneselawtranslation.go.jp/law/detail/?id=2506&vm=04&re=02
- https://www.wipo.int/wipolex/en/legislation/details/22612
- https://web.archive.org/web/20231203173106/https://iclg.com/practice-areas/copyright-laws-and-regulations/japan
- https://web.archive.org/web/20220929025336/https://www.lexology.com/library/detail.aspx?g=7fa22bff-54ea-4512-9c81-29908ae28a9f
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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
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.25%
Coverage rate of zero-tariffs on ICT goods (%)
92.22%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
JAPAN
Since March 1997
Since December 2015
Since December 2015
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)
ITA Expansion Agreement (ITA II)
ITA Expansion Agreement (ITA II)
Japan is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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JAPAN
Since June 1966, last amended in August 2015
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Act on Ensuring the Receipt of Orders from the Government and Other Public Agencies by Small and Medium-Sized Enterprise Operators (Act No. 97 of 1966) (官公需についての中小企業者の受注の確保に関する法律 (昭和四十一年法律第九十七号))
The Japanese government maintains policies to encourage the participation of small and medium-sized enterprises (SMEs) in government procurement. According to Arts. 4 and 5 of Act No. 97, the central government and public corporations are required to set their own procurement target values for the procurement from SMEs on an annual basis. It has been reported that in 2021, the target amount for the procurement from micro, small, and medium-sized enterprises (MSMEs) by the Government was set at JPY 4.8 trillion (approx. USD 31 billion), which represents 61% of the total budget for public procurement spending. Furthermore, the target amount for new MSMEs that are less than 10 years old was set at 3%. In accordance with Art. 8, sub-central government entities follow the policies set up for the central government entities on an "endeavour basis".
Coverage Horizontal
Sources
- https://web.archive.org/web/20230930225036/https://elaws.e-gov.go.jp/document?lawid=341AC0000000097
- https://web.archive.org/web/20240809003457/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S438R1.pdf&Open=True
- https://web.archive.org/web/20230924071751/https://www.meti.go.jp/press/2021/09/20210924004/20210924004.html
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JAPAN
Reported in 2020, last reported in 2025
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Reported barriers to foreign suppliers in public procurement
It is reported that foreign firms in several sectors have expressed concern that the Japanese Government at times employs technical specifications that may exclude foreign products and services and, in certain cases, may also exert pressure on relevant entities to favour domestic companies in procurement processes.
Coverage Horizontal
JAPAN
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of coverage of CPC 754 and partial coverage of CPC 752 in the WTO Government Procurement Agreement (GPA)
Japan is a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). Although its commitments include a service sector regarded as central to digital trade, namely computer and related services (CPC 84), they do not extend to telecommunication‑related services (CPC 754), while telecommunication services (CPC 752) are only partly included.
Coverage Telecommunications sector
JAPAN
Since December 1984
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
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
NEPAL
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Nepal has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
NEPAL
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Nepal 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
NEPAL
Since March 2025
Pillar Online sales and transactions |
Indicator Licensing scheme for e-commerce providers
Electronic Commerce Act, 2081 (2025) (विद्युतिय व्यापार (इ-कमर्स) ऐन, २०८१)
Pursuant to Art. 3 of the Electronic Commerce Act, 2081 (2025), any firm, company, or institution that is duly registered and authorised under the prevailing law to trade in goods or services may engage in electronic commerce, subject to compliance with the Act.
Art. 4(1) further requires each business entity conducting electronic commerce to establish an electronic platform. Once the platform is established, Art. 5(1) obliges the business entity to submit an electronic application to be listed on the Department's electronic commerce portal. The application must include, inter alia, the business name and address, the registering authority, the registration certificate number, the VAT registration number or permanent account number, and contact details, including a telephone number, email address, social media link, and contact address.
In addition, Art. 1(3) provides that the Act applies throughout Nepal and also extends to persons residing or staying outside Nepal who supply goods or services within Nepal through electronic commerce.
Art. 4(1) further requires each business entity conducting electronic commerce to establish an electronic platform. Once the platform is established, Art. 5(1) obliges the business entity to submit an electronic application to be listed on the Department's electronic commerce portal. The application must include, inter alia, the business name and address, the registering authority, the registration certificate number, the VAT registration number or permanent account number, and contact details, including a telephone number, email address, social media link, and contact address.
In addition, Art. 1(3) provides that the Act applies throughout Nepal and also extends to persons residing or staying outside Nepal who supply goods or services within Nepal through electronic commerce.
Coverage Electronic transactions
Sources
- https://web.archive.org/web/20260422154708/https://giwmscdnone.gov.np/media/files/E-Commerce%20Act%2C%202081_yr7k9o5.pdf
- https://web.archive.org/web/20250715011824/https://pioneerlaw.com/resource/e-commerce-act-2025/
- https://web.archive.org/web/20260422154741/https://courtmarriageinnepal.com.np/publication/e-commerce-act-in-nepal
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