①A person whose business interests have been or are likely to be harmed by infringement through unfair competition may file a claim against the person to suspend or prevent the infringement that has or is likely to harm business interests.

②When filing a claim under the preceding paragraph, the person whose business interests have been or are likely to be harmed through unfair competition may request the destruction of things that constitute the act of infringement (including things created through the act of infringement), the removal of equipment used in the act of infringement, or any other actions necessary to suspend or prevent the infringement.

A person that intentionally or negligently commits an infringement that harms the business interests of another person through unfair competition is liable to compensate for any loss or damage resulting from it; provided, however, that this Article does not apply to loss or damage resulting from the use of trade secrets or shared data with limited access after the rights prescribed in Article 15 have extinguished pursuant to that Article.

①If a person whose business interests have been harmed by an infringement through unfair competition stated in Article 2, paragraph (1), items (i) through (xvi) or (xxii) (referred to as "infringed party" in this paragraph below) files a claim for compensation for loss or damage suffered due to the infringement against a person that has intentionally or negligently committed the infringement that has harmed business interests (referred to as "infringer" in this paragraph below), and the infringer has transferred things (including electronic or magnetic records; the same applies in this paragraph below) that constitute the act of infringement (including when the infringer has transferred things produced by the act of infringement) or provided services produced by the act of infringement, the total amounts stated in the following items may be fixed as the amount of loss or damage suffered by the infringed party:

②If a person whose business interests have been harmed by infringement through unfair competition files a claim for compensation for loss or damage caused by another person that intentionally or negligently committed the infringement, and that other person has made a profit through the act of infringement, the amount of such profit is presumed to be the amount of loss or damage suffered by the infringed party.

③A person whose business interests have been harmed by infringement through the unfair competition stated in Article 2, paragraph (1), items (i) through (ix), items (xi) through (xvi), item (xix), or item (xxii), may file a claim for compensation for loss or damage against a person that intentionally or negligently committed the infringement. The claim may seek an amount equivalent to what the infringed party should have been entitled to receive for the act prescribed in the following items, as defined in the classification of unfair competition under those items, representing the amount of loss or damage suffered by the infringed party:

④When a court determines the amount of money to be received for any act prescribed in paragraph (1), item (ii), (a) through (e), and the items of the preceding paragraph, the court may consider the compensation that the person whose business interests have been harmed by the infringement would have received if they had reached an agreement on compensation for the act with the person that engaged in unfair competition, on the premise that unfair competition occurred.

⑤The provisions of paragraph (3) do not preclude a claim for damages exceeding the amount prescribed in that paragraph. In such cases, if the person that committed the infringement that harmed business interests did not do so intentionally or due to gross negligence, the court may consider this in determining the amount of damages.

①If any of the acts stated in Article 2, paragraph (1), item (iv), (v), or (viii) (limited to acts of acquiring trade secrets) have been conducted with regard to a technical secret (limited to a technical secret concerning manufacturing methods or other information specified by Cabinet Order; the same applies below in this Article), and a person that has conducted such an act produces things using the technical secret or engages in other acts specified by Cabinet Order as acts from which it can be clearly understood that the technical secret has been used (referred to as "production, etc." in this Article below), the person is presumed to have engaged in production, etc. as an act stated in each item (limited to acts of using trade secrets).

②If a person possesses a recording medium containing a technical secret (meaning a document, drawing, or recording medium on which technical secrets are described or recorded; the same applies below in this Article), an object that represents the technical secret, or a transmitter identification code (meaning letters, numbers, symbols, or any other codes used to identify the transmitter of an automatic public transmission (meaning a transmission made automatically in response to a public request for direct reception by the public, excluding an automatic public transmissions that are classified as broadcasts or cablecasts); the same applies in paragraph (4)) associated with the recording medium containing the technical secret, after acquiring the technical secret, learns that there had been an intervening act of wrongful acquisition of trade secrets with regard to the relevant technical secret, or is unaware of that fact due to gross negligence, and the person engages in production, etc., the person is presumed to have engaged in production, etc. as an act of unfair competition as stated in Article 2, paragraph (1), item (vi) (limited to the act of using a trade secret).

③If, after a technical secret has been disclosed by its holder, a person obtains the technical secret by any of the following means in violation of the duty to manage the technical secret, for the purpose of wrongful gain or causing damage to the holder of the technical secret, and the person engages in production, etc., the person is presumed to have engaged in production, etc., as an act of unfair competition (limited to the act of using a trade secret) as stated in Article 2, paragraph (1), item (vii):

④If a person possesses a recording medium containing the technical secret, an object that represents the technical secret, or a transmitter identification code associated with a recording medium containing the technical secret, after acquiring the technical secret, learns that an act of improper disclosure of the trade secret has occurred with regard to the technical secret, or that there had been an intervening act of improper disclosure, or is unaware of this fact due to gross negligence, and the person engages in production, etc., the person is presumed to have engaged in production, etc., as unfair competition as stated in Article 2, paragraph (1), item (ix) (limited to the act of using a trade secret).

In litigation involving infringement that may harm business interests through unfair competition, if a person claims that their interests have been or are likely to be harmed by such infringement, and the opposing party denies the specific circumstances surrounding the things or process that constitute the alleged infringement, the opposing party must clarify the specific circumstances of their actions; provided, however, that this does not apply if the opposing party has adequate grounds for being unable to clarify them.

①In litigation involving the infringement that may harm business interests through unfair competition, the court may, on the motion of a party, order the other party to submit any documents or electronic or magnetic records necessary to prove the act of infringement or calculate the amount of loss or damage caused by the infringement; provided, however, that this does not apply if the holder of the documents or a person with the authority to use the electronic or magnetic records has reasonable grounds to refuse submission.

②If the court finds it necessary for determining whether or not the documents or electronic or magnetic records subject to the motion under the main clause of the preceding paragraph fall within the scope of documents or electronic or magnetic records referred to in the main clause of the same paragraph or whether or not there are reasonable grounds as provided in the proviso of the same paragraph, the court may have the holder of the documents or a person with the authority to use the electronic or magnetic records present those documents or electronic or magnetic records to the court. In this case, no person may request the disclosure of the presented documents or electronic or magnetic records.

③In the case referred to in the preceding paragraph, if the court finds it necessary to disclose the documents or electronic or magnetic records referred to in the second sentence of the preceding paragraph and to hear opinions with regard to whether or not the documents or electronic or magnetic records subject to the motion under the main clause of paragraph (1) fall within the scope of documents or electronic or magnetic records referred to in the main clause of the same paragraph or whether or not there are reasonable grounds as provided in the proviso of the same paragraph, the court may disclose the documents or electronic or magnetic records to the parties, etc. (meaning the parties (or if a party is a corporation, its representative) or the parties' agents (excluding counsel or assistants in court), employees, or other workers; the same applies below), their counsel, or their assistants in court.

④In the case referred to in paragraph (2), if the court finds it necessary to disclose the documents or electronic or magnetic records as provided in the latter sentence of paragraph (2) and hear an explanation based on expert knowledge, the court may disclose the documents or electronic or magnetic records to a technical advisor as provided in Part I, Chapter V, Section 2, Subsection 1 of the Code of Civil Procedure (Act No. 109 of 1996), with the consent of the parties.

⑤The provisions of the preceding paragraphs apply mutatis mutandis to the presentation of the objective of an inspection that is necessary to prove the act of infringement in litigation involving infringement that may harm business interests through unfair competition.

In litigation involving infringement that may harm business interests through unfair competition, if the court, at the request of a party, orders an expert opinion on matters necessary to calculate the amount of loss or damage caused by the act of infringement, the parties must explain the necessary matters to the expert for forming the opinion.

In litigation involving infringement that may harm business interests through unfair competition, if the court finds that loss or damage has actually been incurred but it is extremely difficult to prove the facts necessary to determine the amount of loss or damage due to the nature of the facts, the court may determine a reasonable amount of loss or damage based on the entirety of the oral arguments and the results of the examination of the evidence.

①In litigation involving infringement that may harm business interests through unfair competition, if a prima facie showing is made that trade secrets held by a party to the litigation fall under both of the following grounds, the court, at the request of the party, may, by ruling, order a party, etc., counsel, or assistant in court not to use the trade secrets for any purpose other than conducting the litigation, or not to disclose them to any person other than one subject to the order under this paragraph concerning the trade secrets; provided, however, that this does not apply if the party, etc., counsel, or assistant in court had already acquired or held the trade secrets by means other than reading the brief prescribed in item (i) or the examination or disclosure of evidence prescribed in the same item by the time the request was made:

②A petition for the order under the preceding paragraph (referred to as "protective order" below) must be made in writing and include the following information:

③If a protective order has been issued, the electronic written ruling (meaning an electronic or magnetic record created pursuant to the provisions of Article 252, paragraph (1) of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 122 of that Act (limited to one recorded, pursuant to the provisions of Article 253, paragraph (2) of that Act as applied mutatis mutandis pursuant to Article 122 of that Act, in a file kept on a computer (including input/output devices) used by the court); the same applies in the following paragraph and paragraph (2) of the following Article) must be served on the person to whom the protective order has been issued.

④A protective order takes effect when an electronic written ruling is served on the person to whom the protective order has been issued.

⑤If the court dismisses a petition for a protective order, the party may file an immediate appeal against the judicial decision.

①A person that filed a petition for a protective order or a person to whom a protective order has been issued may file a motion to rescind the protective order with the court where the case record is kept (or, if no such court exists, with the court that issued the protective order) on the grounds that a requirement prescribed in the preceding Article, paragraph (1) has not been met or is no longer being met.

②If the court makes a judicial decision on a motion to rescind a protective order, it must serve an electronic written ruling on the party that filed the motion and the opposing party.

③An immediate appeal may be filed against a judicial decision on the motion to rescind a protective order.

④A judicial decision to rescind a protective order does not take effect until it becomes final and binding.

⑤If a court has made a judicial decision rescinding a protective order, and, in the same litigation in which the protective order was issued, a protective order protecting trade secrets was issued against any person other than the party that filed the motion for rescission or the opposing party, the court must immediately notify that person of the decision rescinding the protective order.

①If a court has made a ruling under Article 92, paragraph (1) of the Code of Civil Procedure with regard to the case record in a litigation in which a protective order has been issued (excluding a litigation in which all the protective orders have been rescinded), a party has requested to inspect, etc. the part of the record that contains the secret prescribed under the same paragraph, and the person that followed the procedures for filing the request has not had a protective order issued against them in the litigation, the court clerk must, immediately after the request has been filed, notify the party that filed the motion under the same paragraph (excluding the person filing the request; the same applies in paragraph (3)) of the fact that the request has been filed.

②In a case as referred to in the preceding paragraph, the court clerk must not allow the person that followed the procedures for filing the request under the same paragraph to inspect, etc. the part of the record that contains the secret under the same paragraph until two weeks have elapsed since the date of the request (or, if a motion is filed for a protective order against the person in question on or before that date of the request, until the date on which the judicial decision on that motion becomes final and binding).

③The provisions of the preceding two paragraphs do not apply if there is consent among all parties that have filed a motion under Article 92, paragraph (1) of the Code of Civil Procedure to allow the person that filed the request under paragraph (1) to inspect, etc. the part of the record that contains the secret.

①In litigation involving infringement that may harm business interests through unfair competition, if a party, legal representative, or witness is to be examined regarding a matter that serves as the basis for determining whether the infringement occurred and the matter falls under trade secrets held by that party, and if the court, by the unanimous agreement of the judges, finds that the party, legal representative, or witness is unable to provide a sufficient statement because it is clear that giving such a statement in open court would significantly hinder the party's business activities based on the trade secrets, and that, without the statement, the court would be unable to make an appropriate judicial decision regarding whether the infringement occurred, the court may rule to conduct the examination of the matter in a closed session.

②The court must hear the opinions of the parties, etc. in advance before making the ruling under the preceding paragraph.

③In the case referred to in the preceding paragraph, if the court finds it necessary, the court may order a party, etc., to present the court with a document outlining the matters to be stated or an electronic or magnetic record recording the matters that are to be written in such a document. In such a case, no person may request the disclosure of the presented document or electronic or magnetic record.

④If the court finds it necessary to disclose the documents or electronic or magnetic records under the second sentence of the preceding paragraph and to hear opinions, the court may disclose them to the relevant parties, etc., the counsel, or the assistant in court.

⑤If the court is to conduct an examination on a matter without opening it to the public pursuant to the provisions of paragraph (1), it must make a statement to that effect along with the reason for it to the members of the public before having them leave the courtroom. When the examination on the matter ends, the court must allow the members of the public to re-enter the courtroom.

Upon the request of a person whose business reputation has been harmed, the court may order the person that has intentionally or negligently engaged in unfair competition and thereby injured the business reputation of that other person to take necessary measures to restore the other person's business reputation, in lieu of or in addition to compensation for loss or damage.

①The right to claim suspension or prevention of infringement under the provisions of Article 3, paragraph (1) against the act of using trade secrets in the unfair competition stated in Article 2, paragraph (1), items (iv) through (ix) is extinguished by prescription in the following cases:

②The provisions of the preceding paragraph apply mutatis mutandis to the right to claim the suspension or prevention of infringement under the provisions of Article 3, paragraph (1), against the act of using shared data with limited access in the unfair competition stated in Article 2, paragraph (1), items (xi) through (xvi). In this case, the term "the trade secret holder" in item (i) of the preceding paragraph is to be replaced with "the holder of shared data with limited access".