[Unfair competition] Osaka High Court, Reiwa 6 (Ne) No. 1775 — “Wam”
Article information
Article type: Case note
Category: Unfair competition law
Topics: Issues discussed in the text
First published on this site: 2026-10-10
Display and classification checked: 2026-10-10
[Unfair competition] Osaka High Court, Reiwa 6 (Ne) No. 1775 — “Wam”
*Only the claim for return of the manuals was upheld.
→ Completion of the litigation also conclusively determines the obligation to return the manuals. Keeping them for litigation purposes does not excuse that obligation.
(Excerpt from the judgment, translated)
The agreement provides, as an effect of termination, that “the appellee must immediately return to the appellant the originals and copies of equipment, manuals, other materials, documents, etc. lent or supplied under the agreement, or take measures such as destroying them in accordance with the appellant’s instructions”…. Since the agreement…has terminated, the appellee must immediately return to the appellant the existing copy of Item 1, which forms part of the manuals and related materials.
The appellee disputes the return obligation under that provision on the ground that Item 1 is retained for litigation purposes. However, when the judgment becomes final—that is, when the litigation ends—the obligation to return the manuals under the provision will also be conclusively determined. Retention for litigation purposes therefore cannot excuse that obligation.
Original article (2025-09-17):
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This history records actual publication, display, and classification changes made on this site.
2026-10-10: First published the LinkedIn original on this site and set the classification, article information, and consultation link.
2026-10-10: Aligned the translation link, canonical URL and hreflang with the verified public URLs.
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