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SERVICE
Unfair Competition Prevention Act Services
Professionals Protecting Brands, Technologies, and Trade Secrets from Unfair Practices
Consultation Process
Initial Consultation (Free)
We will discuss cases involving suspected unfair competition or situations where you have received a warning. We can assist via phone, email, or online.
Legal Analysis and Strategy Development
We will analyze whether the case falls under the Unfair Competition Prevention Act and propose the optimal response strategy. We will also consider how to combine this with registered rights.
Drafting of Warning Letters and Negotiations
We draft cease-and-desist letters to infringers and aim for a resolution through negotiation. We also file infringement reports with e-commerce platforms.
Litigation Support (as needed)
If a resolution cannot be reached through negotiation, we will work with our affiliated attorneys to support litigation seeking injunctions and damages.
Frequently Asked Questions
Q. Can I protect my brand even if I haven’t registered a trademark?
Yes. Under the Unfair Competition Prevention Act, your brand may be protected as a “well-known indication of goods, etc.” (Article 2, Paragraph 1, Item 1) even without trademark registration. However, since proof of widespread recognition is required, combining this with trademark registration provides more reliable protection.
Q. What is the protection period for exact copies (imitation of product design)?
It is three years from the date of first sale. Since protection under the Unfair Competition Prevention Act ends after three years, we recommend registering a design patent for long-term protection. A design patent provides protection for up to 25 years from the date of application.
Q. What are the requirements for protection as a trade secret?
Three requirements must be met: (1) Secrecy management: The information must be managed as a secret (e.g., access restrictions, confidentiality markings), (2) Usefulness: The information must be useful for business activities, and (3) Non-publicity: The information must not be publicly known. Proving secrecy management is often a point of contention, so establishing internal systems is crucial.
Q. How can I stop the sale of counterfeit goods on e-commerce sites?
Major e-commerce platforms such as Amazon, Rakuten, and Mercari have systems for reporting intellectual property infringement. If you allege infringement under the Unfair Competition Prevention Act, you can request the removal of listings or the suspension of accounts by submitting evidence of the counterfeit products to the platform.
Q. What are the benefits of hiring a patent attorney?
As intellectual property experts, patent attorneys can assess whether a case falls under the Unfair Competition Prevention Act, collect evidence, draft cease-and-desist letters, and file infringement reports with e-commerce platforms. Additionally, they can propose a mixed intellectual property strategy combining patents, trademarks, and designs, enabling the establishment of a more robust protection framework. If litigation becomes necessary, we collaborate with our partner attorneys.
Related Services
Trademark Services
Secure protection through trademark registration
of brand names and logos
Design Services
Long-term protection of
design features through design registration
Patent Services
Secure Exclusive Rights Through Patent Applications
for Technical Ideas
Related Blog Posts
Here are some blog posts related to the Unfair Competition Prevention Act and infringement countermeasures.
Counterfeit Goods and Infringement Countermeasures
Tips for Identifying IP-Infringing Products on E-Commerce Platforms
Practical techniques for identifying counterfeit goods on platforms like Amazon and Rakuten and removing them through infringement reports.
The Importance of Infringement Prevention Investigations (FTO and Clearance Investigations)
The importance of conducting investigations to confirm that your products do not infringe on third-party rights before manufacturing or selling them.
The Complete Guide to "Infringement Prevention Investigations (FTO)" Before App Release
Investigation procedures to identify risks of infringing third-party rights in advance and avoid disputes.
What Is the Difference Between an Investigation Report, an Expert Opinion, and a Legal Opinion?
The purposes of various documents used in infringement disputes and responses to cease-and-desist letters, and how to use them appropriately.
Brand Protection & Trademark Rights
Trademarks and Brands: The Necessity of Trademark Registration
The importance of providing dual protection for your brand through trademark registration, in addition to the Unfair Competition Prevention Act.
What Are the Risks of Parody Trademarks? A Comprehensive Explanation of Copyright and Trademark Infringement Risks
Legal Risks of Parody Trademarks Related to Misappropriation of Well-Known Marks and Acts Causing Confusion.
The Internet and the Scope of Trademark Rights
The Scope of Trademark Rights: Domain Name Squatting and Online Brand Infringement
Personal Brands and Trademark Registration
Brand Protection for Personal Names and Trade Names. The Key Is Trademark Registration Before Acquiring Well-Known Status.
Protection of Trademarks Containing Place Names
The Relationship Between Product Designations Combining Place Names and Business Categories and the Unfair Competition Prevention Act.
When Can a Trademark Not Be Registered?
Cases where trademark registration is refused and supplementary protection under the Unfair Competition Prevention Act.
Design Protection (Countermeasures Against Direct Copies)
Design Protection
Protection strategies for product forms combining design rights and the Unfair Competition Prevention Act (Article 3).
Product Design and Copyright
Limitations of Copyright Protection for Industrial Designs and the Appropriate Use of the Unfair Competition Prevention Act and Design Rights.
Fashion Protected by Design
Countermeasures against imitation of fashion designs. Dual protection through design rights and the Unfair Competition Prevention Act.
Protecting the Food and Restaurant Industry with Design Rights
Case studies on countermeasures against imitation of store designs and product packaging.
Fashion and Intellectual Property
An Overview of Intellectual Property Protection in the Apparel Industry.
Design Protection Case Studies — Graphic Designs
Protection of GUIs and Icons via Design Rights and Their Application in the Digital Space.
Character and Content Protection
Character Protection (Copyright and Trademark Rights)
Unauthorized Use of Characters and the Scope of Protection Under the Unfair Competition Prevention Act, Copyright, and Trademark Law.
Points to Note in the Character Business
Explanation of Character Licensing and Risks of Unfair Competition.
Social Media and Intellectual Property
Brand Infringement and Unauthorized Use of Content on Social Media, and Legal Responses.
Intellectual Property Mix Strategy and Comprehensive Protection
Case Study: Integrated IP Protection — UI/UX
Case Study: Comprehensive UI/UX Protection Combining Patents, Design Rights, and the Unfair Competition Prevention Act.
IP Strategy Guide for Import/Export Businesses
Counterfeit Risks in Overseas Expansion and Comprehensive IP Protection Strategies.
[Supervised by a Patent Attorney] 5 Optimal Timing Points for Consultation
Optimal times to consult a patent attorney, such as when counterfeit products are discovered or a cease-and-desist letter is received.
Guide to Utilizing the Information Reporting System
The Information Reporting System to Prevent Competitors from Acquiring Unlawful Rights.
Consultations Regarding the Unfair Competition Prevention Act
Feel free to consult us regarding counterfeit product measures, brand protection, trade secret management, and more. The initial
consultation is free.
Related Services
Please also see our other intellectual property services