Unfair Competition Law in Japan: Distant, Yet So Close
. Though Japan is geographically and culturally distant from Slovakia, several similarities and divergences can be observed between the two countries' unfair competition laws. This study therefore explores the most significant parallels and differences in the structure of the unfair competition law systems in both jurisdictions. It also offers a more detailed examination of two selected and interrelated forms of unfair competition-namely, passing off and the unauthorized use (dilution) of designations with reputation. The analysis concludes by highlighting certain aspects of Japanese unfair competition law and practice that could serve as inspiration for the application and further development of Slovak unfair competition law.Keywords:
unfair competition, Japanese law, likelihood of confusion, passing-off, dilution, marks with reputation, similarityHAZUCHA, B.: Unfair Competition Law in Japan: Distant, Yet So Close.
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Pravny obzor,
108,
2025, special issue, pp. 97-112.Introduction
Although Japan is very distant from Slovakia and the Central European region not only geographically but also culturally, it is quite surprising that this does not fully extend to the field of law-particularly in relation to private law-where Japanese law is closely connected to the legal traditions of the broader Central European region. The reason lies in the fact that, since its modernization and Westernization at the end of the 19th century,
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Japanese law has been heavily influenced by German law and its legal scholarship.
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The influence of German law on Japanese law is so profound that one commentator even likened their relationship to that of a mother and her child.
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Japan is thus one of the few countries outside the European continent to have significantly adopted German law.
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The close connection with the German-speaking world is unsurprising when considering that Japanese scholars specializing in private law were traditionally expected to have a strong command of the German language. As a result, their research primarily focused on studying legal scholarship in Germany and other German-speaking countries.
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At the same time, setting aside countries that are territorially, historically or economically close to Japan, such as South Korea, Taiwan, China or the United States (US), Germany remains one of the few countries where its legal scholarship actively engages in profound studies of Japanese law.
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For this reason, a close relationship and several parallels can also be observed in the field of unfair competition law, which in Japan
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was significantly influenced by German models and by the international harmonisation of unfair competition law through the
Paris Convention for the Protection of Industrial Property
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similarly to what occurred within the territory of Slovakia.
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The current Slovak unfair competition law is largely based on the unfair competition law of the First Czechoslovak Republic,
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which was heavily inspired by international law and German law of that time.
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A similar impact of German unfair competition law can also be observed in Japanese law, although in its early stages it was rather cautious and reluctant to go beyond the requirements of international legal obligations,
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which significantly shaped its subsequent development.Recently, various influences from US law can also be observed in Japan, as the United States is one of Japan's most significant trading partners due to the size of its economy. The gradual introduction of US legal institutions into Japanese law is linked both to the post-World War II situation in Japan and to the current global dominance of the English language and the United States. This has also contributed to a gradual and partial decline in the importance of the German language and German legal scholarship at Japanese law schools.
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Last but not least, the so-called "Brussels Effect" can also be witnessed in Japanese law. This phenomenon is reflected in the tendency of various countries worldwide to draw inspiration from European law, owing to its progressiveness, linguistic accessibility (as most major international languages, such as English, French and Spanish, are official languages of the European Union (EU) as well) and the Union's economic significance.
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Japan is thus no exception in this regard.
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Given that international harmonisation in the field of unfair competition law, as well as the legal traditions of German-speaking countries-such as Austria and Germany- have historically had a significant influence on the law applied in Slovak territory, it is not surprising to observe both several parallels and fundamental differences between Slovak and Japanese unfair competition law. This Article will therefore begin by examining the key similarities and differences in the overall structure of the unfair competition laws in both countries. It will then proceed to a more in-depth analysis of two selected, closely related types of unfair competitive behaviour-namely, the creation of confusion and the unauthorised use of a famous designation as one's own-as a comprehensive examination of all types recognised in both jurisdictions is far beyond the scope of this Article. Finally, the Article will highlight several features of Japanese unfair competition law from which the theory and practice of Slovak unfair competition law could draw inspiration in its application and further development.