Acts Subject to the Unfair Competition Prevention Law
The purpose of the Unfair Competition Prevention Law, like the Industrial Property Laws, such as the Patent Law, the Design Law, and the Trademark Law, is to protect intellectual property. Here, the Industrial Property Laws give rights to created products, while the Unfair Competition Prevention Law regulates the illegal use of products created by others. In other words, when an infringement incident occurs, it is the Industrial Property Law that controls products, and the Unfair Competition Prevention Law that controls people. Therefore, it is necessary to decide which one to use (or both) depending on the context and situation of the case. There are also civil and criminal penalties, so it is necessary to consider them. In any case, in an unfair competition case, it is important to find out the cause as soon as possible and take appropriate measures to prevent the damage from spreading, which is exactly the game of speed and timing.
We will propose the most efficient and effective countermeasures according to the damage situation of the client, and will do our utmost to support the early resolution of the case. For that purpose, we have prepared the following three countermeasure menus.
■Support Service before Events
This service is a service related to pre-guard measures to prevent unauthorized use of your valuable intellectual property and discover measures to quickly identify the cause in the unlikely event of unauthorized use.
We have researched and analyzed many incidents from all angles and accumulated the measures and know-how necessary for proactive response. Based on these, we will support you to protect your important intellectual property with a strong wall.
■Support Service during Events
This service stops unfair competition, suppresses the spread of unfair competition, and promptly situations when unfair competition is discovered and your business interests are or are likely to be infringed, thereby helping to settle the situation promptly.
When unfair competition is discovered, it is important to quickly identify the root cause of the unfair competition and take appropriate action promptly. In some cases, the police and other public institutions and courts and other judicial institutions may be used to help, so it is necessary to collect evidence to prove the fact of unfair competition. In addition, we must prepare a brief to submit a damage report.
Then, when the facts become clear, we must warn and protest the party who committed the unfair competition, as well as negotiate and negotiate to resolve the case.
We will help you to resolve the case. For example, we collect information to identify the cause of unfair competition, prepare a document for submitting a damage report, formulate an action plan for early resolution, and create an expert opinion to support the fact of infringement and a damage calculation form to seek compensation for damages.
In addition, if necessary, we will cooperate with attorneys at law to resolve the case with a sense of speed.
■Support Service after Events
When a problem arises due to unfair competition, it does not simply end when the case is resolved. There must a reason why the problem arose. Therefore, if you do not analyze the reason in detail and take measures to prevent recurrence, you may suffer the same damage. In that sense, post-measures are even more important than measures before and during the issues.
This service objectively analyzes the incident that has occurred with the eyes of a third party, proposes appropriate recurrence prevention measures, and takes necessary measures to recover the damage and credit that caused by the issues.
In formulating recurrence prevention measures, there are deficiencies in the organizational structure and personnel management that were overlooked in the course of business execution, contractual or practical deficiencies in business assignment or business consignment, or practical deficiencies, or deficiencies in external correspondence such as material purchase and sales. We will propose preventive measures that are considered necessary from a company-wide perspective.
Furthermore, in compensation for damages, we propose ideas that have not been considered so far, such as fostering new sources of revenue and building a licensing business that utilizes intellectual property.
In addition, post-processing requires reporting to clients, shareholders, etc., and a message to consumers. In some cases, media response is also required. If you make a mistake in these measures, you may risk damaging your reputation, damaging your company's credibility, and being forced into unexpected situations.
We will back up our clients with the experience and know-how we have in order to minimize the risk of incidents and achieve further growth.