Cabinet Decision on the Relevant Cabinet Orders for the Enforcement of the Act of Partial Revision of the Unfair Competition Prevention Act, etc.

1. Background

Japan needs to develop environments in which businesses are encouraged to utilize data and to create new value add as achievements from the development of information technologies, for e.g., big data, in the fields of intellectual property and standardization. To take necessary measures to this end, at its 196th ordinary session, the Diet established the Act of Partial Revision of the Unfair Competition Prevention Act, etc.

In response, on September 7, 2018, the Cabinet approved the relevant Cabinet Orders to stipulate matters delegated to Cabinet Order under the Revised Act and enforcement date of the Revised Act.

2. Summary of the cabinet orders

The major measures under the Cabinet Orders are as follows:

(1) Cabinet Order for Stipulating the Enforcement Date of the Revised Act

• The Cabinet Order is to stipulate the enforcement date of the Revised Act as July 1, 2019, and the enforcement date prescribed in Article 1 (3) of the Supplementary Provisions of the Unfair Competition Prevention Act, etc. as November 29, 2018.

(2) Cabinet Order for Partial Revision of the Cabinet Order for Stipulating the Competent Minister, etc. under Article 69 (1) of the Industrial Standardization Act

• The Cabinet Order is to change the title of the existing cabinet order from the “Cabinet Order for Stipulating the Competent Minister, etc. under Article 69 (1) of the Industrial Standardization Act (Kogyo Hyojyunka Ho)” to the “Cabinet Order for Stipulating the Competent Minister under Article 72 (1) of the Industrial Standardization Act (Sango Hyojyunka Ho).”
• The Cabinet Order is to stipulate the Competent Minister in charge of matters involving industrial standardization for records produced by an electronic device, services and business management methods.

(3) Cabinet Order for Partial Revision of the Cabinet Order for Certification Bodies, etc. under the Industrial Standardization Act

• The Cabinet Order is to change the title of the existing cabinet order from the “Cabinet Order for Certification Bodies, etc. under the Industrial Standardization Act (Kogyo Hyojyunka Ho))” to the “Cabinet Order for Approval Bodies for Development of Industrial Standards, etc. under the Industrial Standardization Act (Sango Hyojyunka Ho).”
• The Cabinet Order is to stipulate the effective period of approval issued to the Approval Bodies for Development of Industrial Standards as three years.
• The Cabinet Order is to delegate to the Director-General of a Regional Bureau of Economy, Trade and Industry the matters under the authority of the Minister of Economy, Trade and Industry involving the registration, etc. of certification bodies that certify the conformity of records produced by an electronic device and services to the Japanese Industrial Standards (JIS).

Division in Charge

Technical Regulations, Standards and Conformity Assessment Policy Division, Industrial Science and Technology Policy and Environment Bureau