Draft Recommendations
<Summary>
Facilitate Competition in Network Service Sectors
and Eliminate Impediments and Establish Suitable Rules
for e-Commerce and IT Utilization
August 2000
Information Economy Committee
of Industrial Structure Council
Table of Contents
Present Japanese Problems in the IT field
1.
2.
Japan Lags Behind in the IT Revolution
• Internet Population Diffusion Rate
• Scale of the e-Commerce Market
• e-Commerce Market Shares
Necessary Reforms of Japanese System
1
2
3
4
Facilitate Competition in Network Service Sectors (Part I)
3.
4.
5.
6.
7.
8.
Technological Revolution in Network Service Sectors (Paradigm Shift)
U.S. and European Strategies
(Legislation to Promote Competition in Network Service Sectors)
Market Shares of Class 1 Telecom Carriers (Data: DDI)
Market Shares of Class 1 Telecom Carriers (Data on NTT holding company)
Competition’s Impact on Service Prices
Draft Recommendations
Present Japanese Problems in Network Service Sectors
5
6
7
8
9
10
11
Eliminate Impediments and Establish Suitable Rules for e-Commerce and IT Utilization (Part II)
9.
U.S. and European Strategies (Transition From the Stage of Private Sector Experiments to
the Stage of Rule-Making Reform, Based on the Private Sector’s Business Practices and Experiences) 12
10. Draft Recommendations
(Rule-Making Reform to Overcome the Constraints and Disadvantages of the Old Rules)
13
• Rule-Making for Establishing All Players’ Confidence in e-Commerce and IT Utilization
14-16
• Eliminate Impediments for E-Commerce and IT Utilization
and Facilitate Competition in e-Commerce-related Market
17-18
• Procedural Rules which Ensure Market Rules Responsive to Dynamic Changes in IT Era
19
Public Comments (Part III)
20
Present Japanese Problems
in the IT field
1
Japan Lags Behind in the IT Revolution
• Internet Population Diffusion Rate
• Scale of the Electronic Commerce Market
• Electronic Commerce Market Shares
2
Necessary Reform of Japanese System
1
Japan Lags Behind in the IT Revolution
Japan already lags behind in penetration of information technology to households (Internet
population diffusion rate) as well as business (scale of the electronic commerce market).
(%)
5
5
0
0
Japan
10
South
Korea
10
Taiwan
15
Hong
Kong
15
New
Zealand
20
Japan
20
France
25
Italy
25
Germany
30
Netherlands
30
Great
Britain
35
Denmark
35
Finland
40
Canada
40
Sweden
45
Iceland
45
United
States
50
Norway
50
Internet Population Diffusion Rate (Asia)
Australia
Internet Population Diffusion Rate (Global)
Singapore
(%)
Internet Diffusion Rate:
Japan’s diffusion rate was estimated to be 14.1 percent as of December 1999 in the Internet White Paper 2000 (based on results of a telephone survey of approximately 100,000 households conducted in
February 2000), and 21.4 percent inthe Telecommunications White Paper 2000 (based on results of a questionnaire mailed to 5,000 members of the workforce in December 1999). Thus, both results are shown
in the bar graphs.
Diffusion rates for other nations are based on data published in June 2000 by the NUA Company, which compiled survey results of polling organizations of these nations published from June 1998 to June 2000.
Scale of the e-Commerce Market
(Trillions of yen)
B-to-B (Business-to-Business) Market
180
(Hundreds of
millions of yen)
B-to-C (Business-to-Consumer) Market
250,000
165
Japan
United States
160
Japan
United States
213,200
200,000
140
117
120
153,600
150,000
100
79
80
106,900
68
100,000
60
71,100
50
45
40
30
20
20
9
50,000
29
31,600
19
22,500
12
0
0
1998
1999
2000
42,700
2001
2002
2003
650
1998
16,200
1,900
1999
4,300
2000
8,700
2001
2002
2003
Source: Ministry of International Trade and Industry and Andersen Consulting, 1999
e-Commerce Market Shares
Other
3%
Asia
1%
Japan
4%
Canada
7%
Japan
3%
Canada
4%
Western Europe
11%
Western Europe United States
54%
33%
United States
74%
1998
Other
27%
2003 (Projected)
United States
21%
GDP Shares
EU
20%
Asia
23%
Japan
7%
Asia Other
2% 4%
Canada
2%
Source: International Monetary Fund, 1998
Source: International Digital Communications, 1999
(electronic commerce market shares)
2
Necessary Reform of Japanese System
The following three reforms are crucial for Japan to ride the wave of the IT Revolution and
achieve economic revitalization.
(1) Lower prices and quicker transition to broadband in network services
(2) Eliminate impediments and establish suitable rules for e-commerce and IT
utilization
(3) Transform into more flexible socio-economic system
Expansion of Cyber-society
(5) Regulatory Reform
1.
Realization
of fast, inexpensive
networks
Innovation of Cyber-society
2. Formulation of rules
(6) Competitive Rules
(1) Trading rules
• Basic trading rules
(Legislation for electronic agreements, intermediary
responsibilities, and information product transactions)
• Expansion of remedial measures
(expansion of private dispute resolution systems)
(2)
Rules for creation and distribution of superior
content
(3)
Consumer protection rules, personal data
protection rules
(4) Insurance of security
3. Reform of socioeconomic systems
(1) Innovation (creation and development of companies to support information technology)
(2) Realization of financial and government systems geared to the Information Technology era
(3) Broadening of the base of the Information Technology revolution (utilization of educational systems and budget prioritization)
Facilitate Competition in Network Service Sectors
(Part I)
3
4
5
Technological Revolution in Network Service Sectors (Paradigm Shift)
U.S. and European Strategies
(Legislation to Promote Competition in Network Service Sectors)
Market Shares of Class 1 Telecom Carriers (Data: DDI)
Market Shares of Class 1 Telecom Carriers (Data on NTT holding company)
6
Competition’s Impact on Service Prices
7
Draft Recommendations
8
Present Japanese Problems in Network Service Sectors
3
Technological Revolution in Network Service Sectors (Paradigm Shift)
In the network service sectors, both wired and wireless, diversified competition is emerging, and competition among
these diversified network services will be increasingly intense due to technical innovation in the future.
Conventional
Telephone
Telephone
Telecommunications
services
Broadcasting services
TV
TV
Clear delineation
Telecommunications
Telecommunications Business
Business Law
Law
NTT
Law
NTT Law
Broadcast
Broadcast Law,
Law,
Wireless
Telegraphy
Wireless Telegraphy Law
Law
Fusion of computers, telecommunications, and broadcasting
Present → Future
Computers
2005 ?
Computers
2001 -
２００１∼
2000 -
2001 -
Ground-wave data
broadcasting
Broadcast satellite
data broadcasting
Internet connection methods employing
ground-wave and satellite technologies
Communications satellite
data broadcasting
2005∼？
Wireless LAN and
WLL
FTTO FTTH
Next-generation
cellular telephones
CATV
Internet connection methods
employing wireless technologies
Cellular telephones and
PHS systems
xDSL
Internet connection
methods employing
optical fibers
(Fiber to the Home)
Fair competition rules
are necessary
ISDN
Internet connection
methods employing
coaxial cables
(Fiber to the Ｏｆ
ｆ
ｉ
ｃ)
Infrastructure for
Internet connection
(transmission
lines)
Telephone (dial-up)
Internet connection methods
employing metal cables
2002 -
4
U.S. and European Strategies
(Legislation to Promote Competition in Network Service Sectors)
The
The United
United States,
States, Europe,
Europe, and
and some
some Asian
Asian nations
nations which
which are
are advanced
advanced in
in the
the IT
IT area
area have
have responded
responded to
to technical
technical
innovation
innovation in
in network
network services
services (the
(the paradigm
paradigm shift),
shift), and
and telecommunications
telecommunications laws
laws have
have been
been dramatically
dramatically transformed
transformed
with
with the
the air
air of
of facilitating
facilitating competition.
competition.
In
In spite
spite of
of gradual
gradual deregulation
deregulation of
of the
the Japanese
Japanese telecom
telecom market,
market, the
the regulatory
regulatory scheme
scheme of
of 1985
1985 has
has basically
basically been
been
maintained.
maintained.
Europe
JAPAN
United
States
1980
1985
1990
1995
2005
¬ February 1996
Õ
Õ 1984
1984
AT&T
AT&T Breakup
Breakup
•• Long-distance:
Long-distance: AT&T
AT&T
•• Local:
Local: Seven
Seven Bell
Bell companies
companies
Õ 1985
- Privatization of Nippon
Telegraph and Telephone
Public Corporation (→NTT)
2000
- New Telecommunications
Business Law enacted
Õ
Õ July
July 1999
1999
-- Reorganization
Reorganization of
of NTT
NTT
•• Long-distance:
Long-distance: NTT-C
NTT-C
•• Local:
Local: Eastern
Eastern and
and Western
Western
region
region companies
companies
15 years behind
the U,S
Enactment of
new framework?
When?
¬ 2000
- Partial amendment of
Telecommunications Business Law
(connection fees only)
Õ 1984
- Great Britain: Privatization
of British Telecom
1995 Õ
- Germany: Privatization
of DT
1996 Õ
- France: Privatization
of FT
¬ 1998
- Great Britain: Competition
Law enacted (new law)
¬ February 1998
- WTO Free Trade
Agreement effected
¬ 2000
- EU directive
New
Telecommunication
s Law (competition
law) introduced
within the European
Union
5
Market Shares of Class 1 Telecom Carriers (Data: DDI)
• Market Shares of Class 1 Telecommunications Carriers
Other (8%)
Japan Telecom (8%)
NTT Group (68%)
KDD (2%)
¥13.8615 trillion
(FY1998)
DDI (14%)
* Based on data of the Ministry of Posts and
Telecommunications, extracts of securities companies annual
securities reports, and the almanac of the
Telecommunications Industry Association
• Market shares of Class 1 telecommunications carriers by item and sector
Local telecommunications market
Long-distance telecommunications market
(number of subscribed telephone lines)
(including international)
TT-NET (0.05%)
Mobile telecommunications market
(cellular telephones, car phones, and PHS)
Astel (2%)
IDC (4%)
J-Phone (18%)
Japan Telecom (17%)
IDO (7%)
KDD (15%)
NTT Eastern &
NTT（地域）
Westen region
(99.95%)
companies
(99.95%)
NTT Communications
(50%)
Tu-Ka (6%)
DDI Pocket (7%)
DDI (14%)
* Figures for NTT and TT-Net as of end of fiscal year 1998
(Source: Annual securities reports of companies)
* Number of telephone lines of cable TV operators not considered.
* Traffic data of the Ministry of Posts and Telecommunications indicates
a share of 93.7 percent.
NTT DoCoMo (53%)
* Shares based on telephone (voice) sales for FY1998
* Prepared based on FY1998 earnings conditions by division for NTT
DDI Cellular (11%)
* Shares based on number of units in operation
as of July 31, 1999
Market Shares of Class 1 Telecom Carriers (Data on NTT holding company)
○ Market Shares of Class 1 Telecommunications Carriers
Others (6%)
NTT Telecom Group (7%)
KDD I Group (19%)
NTT Group
KDD I Group
NTT Telecom Group
Others
Group operating profit:
¥9,384 billion
Group operating profit:
¥2,721.9 billion
Group operating profit:
¥1,048.9 billion
¥835.3 billion
NTT Group (68%)
* Figures are from 1998 as determined from individual shareholder stock reports and the
Telecommunications Carriers Yearly Conference Report (2000 ed.)
○ Breakdown of Market Shares of Class 1 Telecommunications Carriers
NTT’s Share of Regional Telecommunications
Shares of Other Firms in the Long-distance/International/Mobile Markets
Share in '98
Share in '98
Inter-prefectural calls
51%
KDD
61%
Intra-prefectural calls
84%
PHS (DDI Pocket)
60%
Local calls
96%
* When looking at the market breakdown, carriers other than NTT have more than a 50%
share of the market.
6
Competition’s Impact on Service Prices
While
While telecom
telecom charges
charges are
are declining
declining in
in competitive
competitive sectors,
sectors,
charges
charges are
are increasing
increasing in
in monopolistic
monopolistic sectors. sectors. Trends in Telecom Charges
Monopolistic Sectors
Competitive Sectors
Domestic Calls (Long-distance)
Cellular telephones
Weekday daytime rate (3 minutes)
(Yen)
To the United States
(weekday daytime rate – 3 minutes)
Basic Charge
(Yen)
400
Õ78%
(Yen)
30,000
Õ85%
90
1985
1999
Domestic Calls
(Basic Charge)
(Yen)
13%1,750
1,550
1,530
4,500
1985
1999
Domestic Calls
(Public Telephones)
(Residential Use)
International Calls
Local
(weekday daytime rate – 3 minutes)
(Yen)
200%
30
Õ88%
180
1985
1999
Domestic Dedicated Lines
(Local & With 15 km)
64kbps
(Yen)
83% 77,000
42,000
1
0
1985
1999
1985
1999
1985
1999
7
Draft Recommendations
Three Basic Viewpoints
1.
Starting point for consideration is a “focus on users”
2.
3.
The method for that is “competition”
What must be pursued for a return of competition is creation of a favorable cycle of “improvement of user services” and
“realization of strong, highly competitive telecommunications carriers through greater efficiency of management
and advanced business operations.”
Five Issues for a Shift to a Competitive Law System and Systemic Design
1.
2.
3.
Extract a “network service function” from telecommunications operations and broadcasting operations.
Focus on this network function, and provide the four legal protections of access to essential facilities, elimination of the
obstacles to market control, guarantee of regulation of transmission content, and technical safety regulation.
Additionally, competitive policies designed to ensure access to essential facilities (measures that allow everyone to use
NTT’s local networks) and eliminate the obstacle to market control must be fully effected.
4.
Regulations that do not serve to create a competitive environment should be abridged or abolished.
5.
The content of specific competitive policies should include the following four points:
• Re-formulation of rules for connection to local networks and new rules for formation of local networks
• Guarantee of access to network infrastructures (response to problem of line installment rights)
• Consideration of economically rational methods of band allocation that can flexibly respond to technological
trends
• Clear regulation of carriers that have power to control the market (unfair trading laws, restrictions on
exclusionary behavior, and other provisions)
Three proposals for a process designed to realize systemic reform
1.
Strategy of systemic design geared to the future
2.
Participation of the nation’s citizens in systemic design
3.
Establishment of a process for rule revision after institution of the system
8
Present Japanese Problems in Network Service Sectors
NTT Networks
Duct Fiber (Class 0
Telecommunications Operations)
Other Carrier Networks
Non Wired
Wired
Other than
Connection
Rules
Connection
Rules
Connection
Charges
MDF
User Charges
Line Installation Rights
Right of Way
(Other than Connection Rules)
NTT Local
Networks
Unbundled
Unbundled
Connection/
Connection/
Collocation
Collocation
NTT and other
Telephone Poles
Tunnels (Conduit)
Efficient Band Allocation Rules
Switchboard
NTT Telephone
Office
MDF
1:1 Relationship
1:N Relationship
NTT Subscriber Line
NTT
Telephones/
ISDN
New NTT
Company
Telephones
xDSL
Services
Cable
TV Internet
Foreign
Companies
Fiber to the Office
Connection Rules + Line Construction Rights
Network Services
NTT
Fiber to
the Home
Cellular
Telephones/PHS
(Next-Generation
Cellular Telephones)
Wireless
LAN/WLL *
Services
Data Broadcasting
(Broadcast Satellite/
Communications
Satellite/Short-wave)
* Wireless LAN: Speednet (Tokyo Electric Power, Softbank,
and Microsoft) and others
WLL: NTT-C, CWC (Sony, Toyota, and IIJ) and others
Band Allocation Rules
Broadcasting (including
digital broadcasting)
(Broadcast Satellite/
Communications
Satellite/Ground-wave)
Social Content
Regulation
Eliminate Impediments and Establish Suitable Rules
for e-Commerce and IT Utilization (Part II)
9
U. S. and European Strategies (Transition from the Stage of Private
Sector Experiments to the Stage of Rule-Making Reform Based on the
Private Sectors’ Business Practices and Experiences)
10
Draft Recommendations (Rule-Making Reform to Overcome the Constraints
and Disadvantages of the Old Rules)
• Rule-Making for Establishing All Players’ Confidence in e-Commerce
and IT Utilization
• Eliminate of Impediments for e-Commerce and IT Utilization and
Facilitate Competition in E-Commerce related Market
• Procedural Rules which Ensure Market Rules Responsive to Dynamic
Changes in IT Era
U.S. and European Strategies (Transition from the Stage of Private Sector Experiments to the Stage of
Rule-Making Reform Based on the Private Sector’s Business Practices and Experiences)
9
The United States and Europe accumulated private sector experience through leadership by the private sector
when information technology was in the formative stage (Phase 1) and rapidly shifted to rule-making (Phase 2) in
the late 90s to shed the impediments of the old rules. Japan also must rapidly shift to Phase 2.
Trends in Internet Population and Enactment of Major Legislation
(Millions of persons)
June 2000
Federal Electronic
Signature Act
100
July 1999
Uniform Computer Information Transactions Act
(UCITA)
← Information Product Transactions Legislation
Japan
EU
United States
97.0
85.0
80
July 1999
Uniform Electronic Transactions Act
(UETA)
← Electronic Contracts Legislation
64.7
60
October 1998
Digital Millennium Copyright Act
← Intermediary Responsibilities Legislation
June 2000 EU Electronic
Commerce Directive
← Electronic Contracts Legislation
Intermediary Responsibilities
Legislation
December 1999
EU Electronic Signature Directive
64.5
49.5
41.2
40
32.9
30.0
May 2000
Electronic Signature and Authentication Law
21.4
20
22.6
18.3
14.3
6.0
0
8.8
5.1
1996 Year- end
1997 Year-end
1998 Year-end
1999 Year-end
2000 Year-end (Projected)
Sources: 1997-2000 – Internet White Paper 2000
1996 (Japan) Access Media International
1996 (Other nations) NUA
10
Draft Recommendations (Rule-Making Reform to Overcome the Constraints
and Disadvantages of the Old Rules)
Rule-Making Principles
1.
Neutrality
- Based on the premise of an age of coexistence of transactions in real space and transactions in
cyberspace, it is necessary to provide essentially the same type of legal environment for both real
space and cyberspace.
2.
Facilitate Competition
- It is important to eliminate the obstacles of monopolistic behavior while maintaining competition in
processes to ensure a productive cycle of innovation in markets and maintain market vitality.
3.
Procedural Rules
- The speed and broad applicability of information technology hamper the creation of well-defined rules at
the outset. Thus, it is important to use accumulated experience to build mechanisms for resolving
disputes and promptly reflect that experience in rules.
Overall Rule -Making Reform Package
1.
Rule-making for Establishing All Players’ Confidence in e-Commerce and IT Utilization
- Reform of civil codes, intellectual property rules, consumer protection rules, and security rules
2.
Eliminate Impediments to e-Commerce and IT Utilization and Facilitate Competition in e-Commercerelated Market
- Regulatory reform and strengthened enforcement of competition rules
3.
Procedural Rules which Ensure Market Rules Responsive to Dynamic Changes in IT Era
- Introduction of no-action letter system (see note) and improvement of dispute resolution mechanism
Note: The procedural rule which requires government agencies answer to inquiries received from citizens regarding the
interpretation of laws and regulations and to make their answers public.
Detailed Recommendations (No. 1)
1. Rule-Making for Establishing All Players’ Confidence in e-Commerce and IT Utilization
(1) Reform of civil code
1)
2)
Electronic contracts → Formulation of legal rules is necessary
•
Shift from transmission of refusal notices to positive indication for electronic contract effectuation (contract effectuation period)
•
Clarification of requirements for invalidation of contacts for errors in electronic intent indication caused by clicking mistakes and similar errors
(errors and omissions)
•
Clarification of the range of invalidation of electronic contracts for impersonation (representation agency)
Intermediaries’ liabilities → Formulation of legal rules is necessary
Victim
Intermediaries
Manage Servers and Sites
Offender
Illegal Information
3)
•
Establishment of rights that allow defendants to demand that intermediaries delete erroneous information (institution of rights prohibiting
erroneous entries)
•
Clarification of procedures for deletion of erroneous information used by intermediaries (erroneous information deletion procedures)
•
Clarification of procedures for disclosure of plaintiff information to defendants by intermediaries (disclosure of plaintiff information)
•
Limitation of defendant’s claims regarding intermediaries’ uniform damages
•
Clarification of measures that intermediaries must take with respect to spam mail (unsolicited commercial electronic mail that consumers do not
ware to receive)
Contractual laws for digital goods → Formulation of legal rules is necessary
• Clarification of the effectuation period for terms of use agreements for information products
4)
•
Ability of licensees to oppose the transfer of their licenses to third parties when intellectual property rights are transferred (bankruptcy)
•
Collateral for return of information products that is difficult to confirm (existence of some contract conditions, requirements for approval of technical
collateral measures)
•
Clarification of compensation responsibilities for defective information products (program bugs)
Jurisdiction and Applicable laws
→ Formulation of international rules is necessary, as well as active participation in the deliberations of the International
Private Law Conference in the Hague
Detailed Recommendations (No. 2)
1. Rule-Making for Establishing All Players’ Confidence in e-Commerce and IT Utilization (Continued)
(2) Reform of intellectual property protection rules
1) Maintenance of trading order in cyberspace
a) Domain names – Regulation of unfair acquisition and use of identical or similar trademarks of other persons
→ Formulation of legal rules is necessary
b) Internet identification badges – Response to cases of trademarks improperly used as Internet identification badges
→ Consideration after study of dispute conditions
c) Response to cases in which trademark owners of other nations assest damages when trademarks are used on
the Internet
→ The formulation of international rules is necessary, as well as active participation in the deliberations of the World
Intellectual Property Organization (WIPO)
2) Ensure incentives for investments
a) Legal protection of databases
→ Further research of damage conditions and consideration of international trends
b) Removal of apprehension concerning the range of protection of patents related to business methods
→ Implement database with bibliography with previously published titles while maintaining international cooperation
→ Clarification of judging standards is urgently required
3) Ensure proper use
a) Response to cases asserting damages due to transmission of patented computed programs over networks
→ Clarification of the range of patents of computed programs
b) Response to myriad cases asserting that the provision for private duplication rights has damaged the interests of copyright
owners in cyberspace
→ Consideration after researching technical trends and dispute conditions
Detailed Recommendations (No. 3)
1. Rule-Making for Establishing All Players’ Confidence in e-Commerce and IT Utilization (Continued)
(3) Formulation of rules to ensure credibility with consumers
1) Consumer protection → Legal response is urgently required
a) Delivery of information before contract is effected (Net advertising policy to be displayed on sites to provide
information concerning price, effective period, name of business operator, contact point for questions, and other matters to
consumers)
b) Prevention of mistaken applications due to operational errors of consumers (mandatory establishment of confirmation
screens and other safeguards)
c) Prevention of improper advertising and solicitations (multiple commercial codes on the Net, internal and monitoring
commercial codes, spam mail)
d) Mandatory digitalization of document transfers
2) Personal data protection → Legal response is urgently required
(4) Security → Further examination of whether the current criminal code is fully fit to deal with criminal activities in
cyberspace
Detailed Recommendations (No. 4)
2. Elimination of Impediments to e-Commerce and IT Utilization
and Facilitate Competition in e-Commerce related Market
(1) Regulatory reform
1) Recognition of electronic means → Recognition is urgently required
a) Mandatory paper document requirement
• Applications, filings, and other procedures of government agencies
• Mandatory document transfers in private sector transactions
b) Mandatory face-to-face conducting requirement
c) Mandatory physical establishment requirement and mandatory person designation requirement
2) Revamping of range of regulation
→
Rather than pro forma expansion of regulation, consideration of the necessity of expansion of
regulation to activities in cyberspace and original intent of regulation
3) Revamping of other socioeconomic systems (labor law, educational system, corporate law, tax system, and
other systems)
→
Revamping is necessary
Detailed Recommendations (No. 5)
2. Eliminate Impediments to e-Commerce and IT Utilization
and Facilitate Competition in e-Commerce related Market (Continuation)
(2) Strengthened enforcement of competition rules
1) Response to cases in which misappropriation of intellectual property rights functioned in an anti-competitive
manner
a) Prevention of misappropriation of superior position due to relaxation of participation regulations for copyright controls and
copyright owners (representative examples)
→ Immediate reform is necessary. Consider measures under copyright control legislation and guidelines to the
Anti-monopoly Law.
b) Response to cases in which intellectual property rights were used in an anti-competitive manner
→ Active consideration of clarification of the enforcement standards of the Anti-monopoly Law (revamping of
Anti-monopoly Law guidelines concerning patents and know-how licensing contracts)
2) Response to cases in which technologies and standards not limited to intellectual property rights
functioned in an anti-competitive manner
→
Active consideration of the possibility of application to general hardware facilities of the essential
facilities argument and “softer” fields such as intellectual property rights, technologies, and standards
→
Active consideration of clarification of the enforcement standards of the Anti-monopoly Law in
cyberspace (revamping of Anti-monopoly Law guidelines concerning joint research and development)
3) Other (response to cases concerning misappropriation of superior trading position
a) Determination of the adequacy of dealings related to the production of software and digital content
→
National consideration of measures to ensure the effectiveness of Anti-monopoly Law guidelines concerning stock
transactions of company officers
Detailed Recommendations (No. 6)
3. Procedural Rules which Ensure Market Rules Responsive to Dynamic Changes in IT era
1) Introduction of no-action letter system (see note) → Should be implemented immediately
Note: Procedural rule which requires government agencies to answer to inquiries received from citizens regarding
interpretation of laws and regulations and to make their answers public.
2) Improvement of alternative dispute resolution systems (ADR) → Should implement effective measures
Public Comments (Part III)
11
Public Comments
11
Public Comments
(1) Deadline for opinions
Opinions must be received by September 18, 2000.
(2) Submission method
Name, address, and organization (if applicable) must be indicated. Opinions may
be sent to any of the addresses listed below. Replies cannot be provided to
opinions or inquiries received by telephone.
• Electronic Mail
Electronic mail address: [email protected]
Please write “Opinion Concerning Information Economy Committee of the
Industrial Structure Council” in the title.
• Facsimile
Facsimile: 81-3-3580-6403
Address to Secretariat of the Information Economy Committee of the
Industrial Structure Council
• Mail
Information Economy Office
Machinery and Information Industries Bureau
Ministry of International Trade and Industry
1-3-1 Kasumigaseki
Chiyoda-ku, Tokyo 100-8931