In an action to suspend or prevent an infringement under the provisions of Article 24, upon petition of a party, the court may order a party to produce any documents or electronic or magnetic records (meaning records used in computerized information processing which is created in electronic form, magnetic form, or any other form that cannot be perceived by the human senses; the same applies hereinafter) necessary to prove the alleged infringement; provided, however, this does not apply if the holder of the documents or the person with authority to use the electronic or magnetic records has justifiable grounds for refusing to produce them.
裁判所は、第二十四条の規定による侵害の停止又は予防に関する訴訟においては、当事者の申立てにより、当事者に対し、当該侵害行為について立証するため必要な書類又は電磁的記録（電子的方式、磁気的方式その他人の知覚によつては認識することができない方式で作られる記録であつて、電子計算機による情報処理の用に供されるものをいう。以下同じ。）の提出を命ずることができる。ただし、その書類の所持者又はその電磁的記録を利用する権限を有する者においてその提出を拒むことについて正当な理由があるときは、この限りでない。
If the court finds it to be necessary in order to ascertain the existence of a justifiable reason prescribed in the proviso to the preceding paragraph, it may require the holder of the documents or a person with authority to use electronic or magnetic records to produce them. In this case, no person may request disclosure of the produced documents or electronic or magnetic records.
In cases under the preceding paragraph, if the court finds it necessary to disclose the documents or electronic or magnetic records prescribed in the second sentence of the preceding paragraph, and to hear the opinions of a party, etc. (meaning a party (or for a corporation, meaning its representative), an agent (excluding a counsel or an assistant), an employee, or any other worker of a party; the same applies in paragraph (1) of the following Article) on whether there is a justifiable reason prescribed in the proviso to paragraph (1), it may disclose the relevant documents or electronic or magnetic records to the party, etc., a counsel or an assistant.
The provisions of the preceding three paragraphs apply mutatis mutandis to the production of objects for inspection necessary to prove the alleged acts of infringement in an action to suspend or prevent an infringement under the provisions of Article 24.
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electronic or magnetic recordcorrected by this site
「電磁的記録」
A record made in electronic, magnetic or any other form people cannot perceive directly, for use in computer processing.
Defined inArticle 80, paragraph (1)
party, etc.machine translation
「当事者等」
In Article 80, paragraph (3) and Article 81, paragraph (1), a party to the lawsuit (or, for a corporation, its representative), or a party's agent (other than counsel or an assistant in court), employee or other worker.
Defined inArticle 80, paragraph (3)· applies only in this provision and in Article 81, paragraph (1)
litigation representative
訴訟代理人
A person who carries on a lawsuit on behalf of a party. Apart from an agent whom a law or regulation allows to act in court, only an attorney (弁護士) may be one, though in a summary court (簡易裁判所) the court may permit someone who is not an attorney to be one, and may revoke that permission at any time (Code of Civil Procedure, Article 54). In the case entrusted to them, a litigation representative may carry out the procedural acts for a counterclaim (反訴), a third party joining the suit (参加) (Articles 42 and 47), compulsory execution (強制執行), and the provisional seizure (仮差押え) and provisional disposition (仮処分) that preserve a right sued on, or set a provisional position, in a civil lawsuit (Civil Provisional Remedies Act, Article 1), and may receive payment (Code of Civil Procedure, Article 55, paragraph (1)), but needs special authority to file a counterclaim, withdraw the action, settle, give up the party's claim or accept the other side's (請求の放棄又は認諾), file an appeal to the court of second instance (控訴), a final appeal (上告) or a petition to the Supreme Court to accept a final appeal, or withdraw any of these, and appoint a representative, among others (paragraph (2)); their authority cannot be restricted, unless they are not an attorney (paragraph (3)). Where there are several, each represents the party alone, and an arrangement by the party to the contrary has no effect (Article 56); a statement of fact a litigation representative makes has no effect if the party at once retracts or corrects it (Article 57). The authority does not end because the party dies or loses the capacity to sue or be sued, a corporate party ceases to exist by merger, or the party's legal representative (法定代理人) dies or loses their authority, among other events (Article 58, paragraph (1)). Where the authority is lacking, the court must order it put right within a set period, an act done without it takes effect from the time it was done once ratified, and the authority's ending has no effect until the party or the representative notifies the other party (Article 59, applying Article 34, paragraphs (1) and (2), and Article 36, paragraph (1)). A litigation representative entrusted with a case, other than one acting with a summary court's permission, must as a rule make filings in it through the courts' electronic system, and must register to be served (送達) through it (Article 132-11, paragraphs (1) and (2)).
Written by AI using Code of Civil Procedure, Arts. 34, 36, 42, 47, 54 to 59, 132-11 and Civil Provisional Remedies Act, Art. 1 as a reference.