Supplementary Provisions, Article 34Transitional Measures Accompanying the Partial Amendment of the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade
第三十四条（私的独占の禁止及び公正取引の確保に関する法律の一部改正に伴う経過措置）
The provisions of Article 81, paragraphs (3) and (4) and Article 82, paragraph (2) of the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade as amended by the provisions of the preceding Article apply to the time of service and of taking effect of a protective order in an action to suspend or prevent an infringement under Article 24 of that Act filed on or after the Effective Date, and the provisions then in force continue to govern the time of service and of taking effect of a protective order in an action to suspend or prevent an infringement under Article 24 of the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade filed before the Effective Date.
前条の規定による改正後の私的独占の禁止及び公正取引の確保に関する法律第八十一条第三項及び第四項並びに第八十二条第二項の規定は、施行日以後に提起される同法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えにおける秘密保持命令の送達及び効力の発生時期について適用し、施行日前に提起された私的独占の禁止及び公正取引の確保に関する法律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えにおける秘密保持命令の送達及び効力の発生時期については、なお従前の例による。
protective order
「秘密保持命令」
A court order under Article 81, paragraph (1), made by ruling at a party's request in a lawsuit under Article 24 to stop or prevent an infringement, forbidding a party, etc. (当事者等), counsel or assistant in court to use a trade secret (営業秘密) that comes up in the case for any purpose other than conducting the lawsuit, or to disclose it to anyone not bound by such an order.
Short name set inArticle 81, paragraph (2)
service
送達
The delivery of a document in a court proceeding, such as a lawsuit, to the person it is for, by a procedure the law lays down: unless a provision says otherwise, the court carries it out of its own motion, the court clerk handles the work (Code of Civil Procedure, Article 98), and the person who effects it reports on it to the court in writing (Article 100, paragraph (1)); the complaint must be served on the defendant (Article 138, paragraph (1)), and the judgment on the parties (Article 255, paragraph (1)). A document is served by post or by a court enforcement officer (執行官) (Article 101, paragraph (1)), as a rule by handing it to the person (Article 102-2), at their address, residence, place of business or office, or at their workplace where those are unknown or service there meets an obstacle (Article 103); each party, legal representative and litigation representative (訴訟代理人) must tell the court a place in Japan where they are to be served (Article 104, paragraph (1)), and service abroad is made at the presiding judge's request to that country's authorities or to a Japanese ambassador, minister or consul there (Article 108). If the person is not found at a place other than their workplace, the document may be handed to an employee or a person living with them who can be trusted to receive it, and if it is refused without a legitimate reason it may be left there (Article 106, paragraphs (1) and (3)); where it cannot be served in those ways, the court clerk may send it by registered mail, and it counts as served when it is sent (Article 107, paragraphs (1) and (3)). An electronic record can also be served through the courts' electronic system on a person who has registered for it, by making it available to them and sending them a notice, and that service takes effect when they view it or save it to their computer, or one week after the notice was sent, whichever comes first (Articles 109-2, paragraph (1), and 109-3, paragraph (1)); a person who must make filings online, such as a litigation representative (訴訟代理人) entrusted with the case, can be served this way even without registering, and without a notice, the week then running from when the record was made available (Articles 109-4 and 132-11, paragraph (1)). Where a party's address or other place for service is unknown, among other cases, the court clerk may serve by publication (公示送達), on petition or where the court orders it, and serves the same party by publication again of the clerk's own motion, as a rule (Article 110, paragraphs (1) to (3)): that the clerk holds the document and will hand it over at any time is made available for anyone to view, by a method the Supreme Court's rules (最高裁判所規則) set, and posted on the court's notice board or shown on a screen at the court (Article 111), and service takes effect two weeks after that begins, or six weeks for service to be made abroad, though one made again of the clerk's own motion takes effect the day after it begins (Article 112, paragraphs (1) and (2)). Some time limits run from service: an appeal to the court of second instance (控訴), for one, must be filed within two weeks of the day the judgment is served (Article 285).
Written by AI using Code of Civil Procedure, Arts. 98, 100 to 104, 106 to 112, 132-11, 138, 255, 285 as a reference.