table of contents
September [General] Newsletter
Decision on the enforcement date of the Act amending the Unfair Competition Prevention Act, etc.
A Cabinet Order was approved by the Cabinet on August 8, 2025, and promulgated on August 14, 2025, to set the effective date of part of the "Act to Partially Amend the Unfair Competition Prevention Act, etc." (hereinafter referred to as the "Amended Act"), which was promulgated on June 14, 2023, as April 1, 2026.
Some of the contents of the revised law, which will come into effect on April 1, 2026, are as follows:
However, there is a provision that the period during which the specific notification cannot be received due to reasons beyond the control of the Patent Office will not be included in the 10-day period. Examples of reasons beyond the control of the Patent Office include natural disasters, system maintenance by the Patent Office, and system blockages on days when the Patent Office is closed.
The specific notice can be actually received for one year from the date it is deemed to have been served, although the date of service will not be changed.
It should be noted that from April 1, 2026, if a specific notice is actually received 10 days after it became available for receipt, the date of actual receipt may differ from the date deemed to have been delivered.
WIPO General Assembly to be held in 2025
The 66th Session of the General Assembly of the World Intellectual Property Organization (WIPO) was held in Geneva, Switzerland from July 8 to July 17, 2025.
The following speeches and discussions took place at the General Assembly:
- Speeches by regional group coordinators, communities such as ASEAN and the EU, member states, and observers.
- The WIPO Programme and Budget Committee (PBC) held its 38th and 39th meetings in May and June 2025 intensively discussed the items on which no agreement was reached, and as a result, the 2026/27 Programme and Budget Draft was approved.
- Introduction of the Chair's summary of the meetings of the Committee on Development and Intellectual Property (CDIP) held over the past year (December 2024 and May 2025) and the Secretary-General's report on the implementation of the Development Agenda.
- Report on the adoption of the Riyadh Design Law Treaty at the Diplomatic Conference to Finalize and Adopt the Design Law Treaty (DLT) held in November 2024.
- In addition to approving the amendments to the rules agreed at the 22nd Madrid Working Group, the meeting will also include a report on WIPO's support for Ukraine, a report on matters related to audit and supervision, a report on WIPO staff matters, the composition of the WIPO Coordination Committee, and reports from various other committees.
Regarding the speech in (a), Japan stated the following:
- We welcome WIPO's initiatives to support small and medium-sized enterprises, startups, and entrepreneurs, such as the Global Entrepreneur Empowerment Program (GEEP) and the IP Management Clinic (IPMC). We also note that the Japan Patent Office (JPO) has agreed to strengthen cooperation with WIPO to support small and medium-sized enterprises in developing countries, and will continue to cooperate in global initiatives.
- Recognizing the impact that cutting-edge technologies, including AI, have on the intellectual property system, we will actively participate in discussions in this area at WIPO.
- Intellectual property plays an important role in resolving social issues such as climate change and achieving the SDGs, and that efforts such as WIPO GREEN are being expanded, including cooperation through the Japan Fund, and an international forum will be held at the Osaka-Kansai Expo to spread the idea of utilizing intellectual property to resolve social issues.
Regarding the report on (c), Japan introduced examples of WIPO GREEN support in Latin America, Asia, Africa, etc. as part of its efforts through the WIPO Japan Fund, and stated that the JPO recognizes the importance of efforts to support developing countries through WIPO and is actively contributing through the Japan Fund.
In addition, in conjunction with the General Assembly, the Commissioner and Commissioner General of the Japan Patent Office (JPO) held bilateral meetings with WIPO, South Korea, Singapore, Australia, Chile, the United Kingdom, the United Arab Emirates (UAE), Spain, Canada, Israel, Germany, Denmark, INTA (International Trademark Association), Thailand, the African Intellectual Property Organization (OAPI), Indonesia, France, Egypt, the United States, Brazil, Sweden, Vietnam, and Mexico. At these meetings, they confirmed their continued cooperation in intellectual property administration and exchanged information on the initiatives of their respective IP offices. Furthermore, during the meeting with France, a Memorandum of Cooperation between Japan and France in the field of intellectual property was signed.
It is expected that cooperation between the Japan Patent Office and WIPO member countries, particularly the countries and organizations that held the above-mentioned meetings, will be further promoted in the future.
Examiner consultation between the JPO and CNIPA
Examiner consultations have been held continuously between the Japan Patent Office (JPO) and the China National Intellectual Property Administration (CNIPA) since 2008, and it has been announced that the 2025 examiner consultation was held from June 24th to 27th, 2025.
The examiner consultation is an initiative aimed at fostering trust and deepening mutual understanding through discussions with examiners from overseas intellectual property offices about each other's prior art document search methods and examination practices, and promoting the mutual use of prior art search results and examination results.
The format of the 2025 examiner consultation was face-to-face, with CNIPA examiners being welcomed at the JPO.
In addition, examiner consultations are held in different fields each year, and this year (2025) they were held in four fields: advertising, display means, and labels, crushing and grinding, metal processing, and power transmission and distribution.
In the future, when patent applications for the same invention are filed in both Japan and China in the above four fields, it is likely that the JPO and CNIPA will take similar views and that patents with similar content will be granted.
Newsletter translated into English
Determination of Effective Date for Partial Enforcement of Act Amending Unfair Competition Prevention Act and Related Laws
On June 14, 2023, the “Act Amending the Unfair Competition Prevention Act and Related Laws” (hereinafter referred to as the “Amendment Act”) was promulgated. A Cabinet Order determining April 1, 2026 as the effective date for certain provisions of the Amendment Act was approved by the Cabinet on August 8, 2025, and subsequently promulgated on August 14, 2025.
The key provisions of the Amendment Act scheduled to take effect on April 1, 2026 are as follows:
However, a provision exempts periods during which retrieval is impossible due to unavoidable circumstances. Such circumstances include natural disasters, system maintenance conducted by the JPO, or system outages on days when the JPO is closed. These periods are not included in the mentioned ten-day retrieval window.
Furthermore, the specific notifications will remain accessible for one year from the date on which they are deemed to have been delivered, during which the actual retrieval of the notification is still possible. However, date on which a notification is deemed to have been delivered will remain unchanged regardless of when the notification is actually retrieved.
After April 1, 2026, attention must be given to situations where, when a notification is retrieved after the ten-day period following its availability for access, the actual retrieval date of the notification differs from the date on which it is deemed to have been delivered.
2025 WIPO General Assembly Held
The 66th session of the World Intellectual Property Organization (WIPO) General Assembly was held in Geneva, Switzerland, from July 8 to July 17, 2025. The assembly featured speeches and discussions on the following topics:
- Statements delivered by regional group coordinators, communities such as ASEAN and the EU, member states, and observers.
- Intensive discussions regarding unresolved items in the proposed program of work and budget for 2026/27, which were not agreed upon during the 38th and 39th sessions of the WIPO Program and Budget Committee (PBC) held in May and June 2025. These discussions resulted in the approval of the 2026/27 program and budget.
- Presentations of the Chair's summaries from meetings of the Committee on Development and Intellectual Property (CDIP) held in December 2024 and May 2025, as well as the Director General's report on the implementation of the Development Agenda.
- A report on the adoption of the Riyadh Design Law Treaty (Riyadh DLT) during the diplomatic conference held in November 2024 to finalize and adopt the Design Law Treaty.
Approval of amendments to the Madrid System regulations agreed upon during the 22nd session of the Madrid Working Group, along with reports on WIPO's support for Ukraine, audit and oversight matters, personnel issues, the composition of the WIPO Coordination Committee, and reports from various other committees.
Regarding item (a) above, Japan addressed the following matters:
Japan welcomed WIPO's initiatives such as the Global Entrepreneur Empowerment Program (GEEP) and the IP Management Clinic (IPMC) as part of its efforts to support small and medium-sized enterprises (SMEs), startups, and entrepreneurs. Japan also expressed its commitment to strengthening its collaboration with WIPO to support SMEs in developing countries through the Japan Patent Office (JPO) and affirmed its continued cooperation in global initiatives.
Japan acknowledged the impact of advanced technologies, including AI, on the intellectual property system and expressed its intention to actively participate in discussions on such topics within WIPO.
Japan emphasized the crucial role of intellectual property in solving social challenges such as climate change and achieving Sustainable Development Goals (SDGs). Japan highlighted its efforts to expand initiatives such as WIPO GREEN, including contributions through the Japan Fund, and announced plans to host an international forum at the Osaka/Kansai Expo to promote the use of intellectual property in addressing societal challenges.
Regarding item (c) above, Japan highlighted its efforts under the WIPO Japan Fund, citing examples of support for WIPO GREEN activities in Latin America, Asia, and Africa. The JPO emphasized the importance of supporting developing countries through WIPO and reaffirmed its proactive contributions via the Japan Fund.
On the sidelines of the General Assembly, the Commissioner and Deputy Commissioner of the Japan Patent Office held bilateral meetings with representatives from WIPO, South Korea, Singapore, Australia, Chile, the United Kingdom, the United Arab Emirates (UAE), Spain, Canada, Israel, Germany, Denmark, INTA (International Trademark Association), Thailand, the African Intellectual Property Organization (OAPI), Indonesia, France, Egypt, the United States, Brazil, Sweden, Vietnam, and Mexico. These meetings confirmed the continuation of cooperative relationships in intellectual property administration and provided opportunities for exchanging information on initiatives undertaken by respective IP offices. Notably, during the meeting with France, a Memorandum of Cooperation was signed to strengthen collaboration in the field of intellectual property between Japan and France.
Moving forward, it is anticipated that the Japan Patent Office will deepen its cooperative relationships with WIPO member states, particularly with the countries and organizations mentioned above with which bilateral meetings were held.
Examiners' Consultation between JPO and CNIPA
The Japan Patent Office (JPO) and the China National Intellectual Property Administration (CNIPA) have been conducting ongoing Examiners' consultations since 2008. It has been announced that the 2025 session of these consultations was held from June 24 to June 27, 2025.
Examiners' consultations are an initiative aimed at fostering mutual trust and deepening understanding with Examiners of foreign intellectual property offices. This is achieved through discussions on methods of prior art searches, examination practices, and related topics. The initiative also seeks to promote the mutual utilization of prior art search results and examination outcomes.
The 2025 session of the Examiners' consultation took place in person, with CNIPA examiners visiting the JPO for face-to-face discussions.
These consultations address different technical fields each year. In 2025, the discussions focused on the following four fields: (i) Advertising, Display Means, and Labels, (ii) Crushing and Pulverizing, (iii) Metalworking, and (iv) Power Transmission and Distribution.
Looking ahead, it is anticipated that for patent applications filed for the same invention within the above four fields in both Japan and China, the JPO and CNIPA may adopt similar viewpoints during examination. This increases the likelihood of granting patents with consistent content in both jurisdictions.