[Article] The Scope of “Quality” in Acts Causing Misapprehension of Quality and the Like under the Unfair Competition Prevention Act (Masahiko Otsuka, Patent, 2025)
Updated: 1d
Article information
Article type: Publication review
Category: Unfair competition law, Patents
Topics: Working of inventions, Misleading indications of quality
First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2025-06-17 (Japan time). Full English translation.
[Article] The Scope of “Quality” in Acts Causing Misapprehension of Quality and the Like under the Unfair Competition Prevention Act (Masahiko Otsuka, Patent, 2025, Vol. 78, No. 2)
Some court decisions have recognized dual-price displays as acts causing misapprehension of quality and the like.
Marking goods that do not embody a patented invention as patented constitutes a direct indication and an act causing misapprehension of quality and the like.
● Supreme Court, March 22, 1978, Keishu Vol. 32, No. 2, p. 316, “Special-Grade Sake Case”
Even if the product is of excellent quality substantially no worse than special-grade sake, the act constitutes misrepresentation of quality and the like.
● Osaka District Court, January 31, 2017, “Toner Cartridge Case”
The court held: “Even if the defendant's goods merely lack designation by plaintiff Kyocera DS and objectively are no different in quality or content from the plaintiff's genuine goods, because the defendant lacks authority to make that designation, its designation indication may still properly be regarded as an indication ‘liable to cause misapprehension’ of quality and content.”
No court decision has been found holding that an indication of founding date or history constitutes an act causing misapprehension of quality and the like.
Where an indication of ranking accompanies a direct indication, it is sufficient to determine whether making that direct indication constitutes an act causing misapprehension of quality and the like.
Update history
The first-published date remains unchanged. Display maintenance, classification changes, related-article updates, and text corrections are recorded separately.
November 1, 2026: First published on this website.
November 2, 2026: Added article information, classification, topics, language navigation, related articles where the same case was confirmed, consultation guidance, and SEO. The original text and first-published date were preserved.
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