Tech⁠⁠, IP and Telecoms Law Newsletter Vol⁠⁠.22 July 2026

In June 2026, the Youth Protection Working Group under the Study Group on Responses to Various Issues Concerning Information Distribution in Digital Spaces of the Ministry of Internal Affairs and Communications (“MIC”) compiled its “First Report (Draft)” (the “Draft Report”) and conducted a public consultation from June 17 to July 8. Building on the “Discussion Paper” covered in chapter VI. of our May 2026 issue, the Draft Report sets out the directions that MIC should pursue in relation to minors’ use of the internet, taking as its premise the need to ensure their safety and security.

The Draft Report notes that the risks faced by minors have become increasingly diverse and complex, extending beyond exposure to harmful information to include prolonged use and dependency, the posting and dissemination of content on social networking services, and involvement in criminal activity, and that such risks cannot adequately be addressed solely through the current framework centered on filtering by mobile telecommunications carriers. At the same time, taking into account minors’ opportunities to access information, communicate and create content, and participate in society, it indicates that the basic approach should be to provide protection tailored to the design, characteristics and risks of each service, rather than imposing a uniform “age restriction” on service use.

Specifically, for providers of platform services such as social networking services, the Draft Report identifies the following as directions for future action: (i) conducting service-specific risk assessments, disclosing the youth protection measures adopted in response, the literacy required of users, the reasons for setting the appropriate age for use, age-verification methods and related matters, and providing for reassessment by external parties; (ii) using age-verification methods more robust than self-declaration, depending on the design and characteristics of the service, while taking into account convenience, effectiveness, privacy and security; and (iii) ensuring that, once a user is confirmed to be a minor, protective measures are enabled by default.

The Draft Report also proposes redefining conventional “filtering” as “technical protective measures,” encompassing parental control functions provided by operating system (OS) operators and measures incorporated into service design, and identifies, among other matters for consideration, whether OS operators should be required to provide such measures.

Further details are expected to be developed regarding the scope of covered services, the matters to be included in risk assessments, age-verification methods and measures to ensure the effectiveness of each initiative. Providers of digital services expected to be used by minors should therefore closely monitor developments as these proposals are translated into a formal framework.

On June 12, 2026, the Japanese government’s Intellectual Property Strategy Headquarters adopted the “Intellectual Property Strategic Program 2026” (in Japanese only) (the “Program”).

Against the backdrop of the rapid social implementation of generative AI, the growing importance of economic security, increased investment in intellectual property and intangible assets, and the growth of the content and Cool Japan-related industries, the Program sets out the future direction of Japan’s intellectual property policy and its priority measures.
 

1. further promoting corporate management and national strategies centered on intellectual property and intangible assets;
2. protecting intellectual property in a manner appropriate for the new era, including the era of generative AI;
3. promoting an international standardization strategy integrated with Japan’s growth strategy;
4. advancing the content industry strategy through growth investment; and
5. strengthening the overseas expansion of Cool Japan as a driver of Japan’s earning power.

(1)　Corporate Management Centered on Intellectual Property and Intangible Assets
The Program emphasizes that technologies, brands, know-how, data and other intellectual property and intangible assets held by companies should not merely be treated as assets to be protected and managed, but should instead be positioned at the core of corporate strategy as sources of corporate value and competitiveness.

Specifically, the Japanese government plans to revise the “Guidelines for Disclosure and Governance of Strategies for Investment and Utilization of Intellectual Property and Intangible Assets” (in Japanese only) during fiscal year 2026. The Program also seeks to promote voluntary disclosure through integrated reports and other means regarding how investment in and utilization of intellectual property and intangible assets contribute to value creation. In addition, the government will consider the appropriate form of such disclosure, including whether relevant information should be made a disclosure item in annual securities reports.

The Program further provides that, with respect to the 17 strategic fields designated under Japan’s Growth Strategy, the Japanese government will seek to clarify domestic “winning strategies” in technological development competition through the use of intellectual property landscapes and other methods, and will strategically promote investment in intellectual property and international standardization.

(2)　Generative AI and Intellectual Property Rights
In relation to generative AI, the Program provides for the establishment of the “Principles-Based Code on the Protection of Intellectual Property and Transparency for the Appropriate Use of Generative AI” (provisional title). The code is intended to set out fundamental principles concerning the measures to be taken by AI developers, providers and other relevant parties to ensure transparency and protect intellectual property rights, while also facilitating technological development. The Program also calls for the creation of an environment that facilitates remuneration for creators and other rights holders.

The Program also provides for the identification and assessment of issues concerning the use of online content by generative AI, including the disclosure of user agents and compliance with technical measures such as those regarding the use of robots.txt files. In addition, in light of the increasing use of AI in the patent and design fields, the Japanese government will examine issues arising in patent and design practice as a result of advances in AI technology.

The Program further addresses the unauthorized generation and publication of audio content that imitates the voices of actors, voice actors and other performers. It provides for further legal analysis, including in relation to publicity rights, and the preparation of relevant guidelines. It also calls for continued discussion as to whether statutory measures are required, including possible amendments to the Unfair Competition Prevention Act.

(3)　Strengthening the Protection and Enforcement of Intellectual Property Rights 
To enhance the effectiveness of remedies for infringement of intellectual property rights, the Japanese government will consider civil remedies designed to ensure both adequate compensation for losses incurred by rights holders and the disgorgement of profits obtained by infringers.

The Program also calls for consideration of a framework under which intellectual property rights held by multiple rights holders may be aggregated to enable collective and organized enforcement. Such a framework may supplement the limitations of enforcement by individual rights holders in circumstances where, as a result of the widespread use of generative AI and digital platforms, infringements may occur extensively and simultaneously against a large number of rights holders.

The Japanese government will also consider enhancing and strengthening evidence-gathering procedures, the possible extension of such procedures to copyrights and trade secrets, and measures for obtaining or addressing evidence located outside Japan.

For further discussion of the proposed framework for collective and organized enforcement, please also refer to our Intellectual Property Newsletter Vol.26, “Intellectual Property Strategic Program 2026—Focusing on the Consideration of a Framework Enabling Collective and Organized Enforcement” (in Japanese only).

(4)　International Standardization and Content Industry Strategies
With respect to international standardization, the Program provides for the incorporation of international standardization initiatives into public-private investment roadmaps for the 17 strategic fields designated under Japan’s Growth Strategy. It also calls for the integrated promotion of research and development, the acquisition and utilization of intellectual property, international standardization and market creation.

In the content sector, the Program aims to expand the overseas market for Japanese-origin content to JPY 20 trillion by 2033. To achieve this objective, the Japanese government will promote large-scale, long-term and strategic public-private investment to address bottlenecks relating to human resources, production environments, overseas expansion and distribution.

Specific measures include support for the production of large-scale content projects, expansion of distribution platforms, assistance with localization and promotion, measures against online piracy, and the development of the next generation of creators and professionals capable of conducting global business.

On May 22, 2026, the Financial Services Agency of Japan (the “FSA”), jointly with the Bank of Japan, issued a request to financial institutions and other relevant entities entitled “Short-Term Measures for Financial Institutions and Other Entities in Light of Changes in the Threat Landscape Posed by Frontier AI” (in Japanese only) (the “Request”).

The emergence of frontier AI models, including Anthropic’s Claude Mythos, which was announced in April 2026, has created the potential for cyberattacks to accelerate dramatically and increase significantly in scale. Frontier AI may also enable large numbers of cybersecurity vulnerabilities to be identified within a short period of time. In response to these developments, the FSA convened the “Public-Private Council on Strengthening Cybersecurity Measures in the Financial Sector against AI Threats” on April 24, followed by a working-level meeting on May 14. The Request calls on financial institutions and other relevant entities to implement the short-term measures compiled by the working group.

The Request also sets out specific measures for the financial sector in response to the government-wide package entitled “Strengthening Cybersecurity Measures in Light of Advances in AI Capabilities—Project YATA-Shield” (in Japanese only), which was published by the National Cybersecurity Office on May 18, 2026. Project YATA-Shield calls on operators of critical infrastructure, including financial institutions, to implement cybersecurity measures addressing the risks arising from the misuse of advanced AI and to strengthen their defenses on the assumption that vulnerabilities will be discovered and remediated at greater speed and scale. The Request translates these government-wide expectations into concrete actions for the financial sector.

Under the Request, financial institutions and other relevant entities are expected to promptly implement the following nine measures in the short term. It should be noted, however, that these short-term measures are intended only as emergency measures. Over the medium to long term, financial institutions and other relevant entities will need to work toward transitioning to automated vulnerability management and other more advanced arrangements. Moreover, the measures required are not limited to these nine items. Each financial institution and other relevant entities are expected to proactively consider and implement additional measures in light of their own risk profiles and IT and cybersecurity risk management frameworks.
 

The importance of cybersecurity measures has continued to grow in recent years, and the emergence of frontier AI models has made the need for urgent action even more acute. Because a successful cyberattack on the financial sector could have particularly severe consequences, the development and implementation of concrete measures will be a critical issue going forward.

On June 24, 2026, the Japan Fair Trade Commission, the Small and Medium Enterprise Agency, and the Japan Patent Office published the “Guidelines Concerning Abuse of Superior Bargaining Position, etc. in Relation to Appropriate Transactions Involving Intellectual Property Rights, Know-How, and Data” (in Japanese only) (the “Guidelines”).

The Guidelines set out a cross-industry approach to intellectual property transactions, based on discussions held by the Working Group on the Rationalization of Intellectual Property Transactions and a fact-finding survey on transactions involving IP rights, etc., and are intended to promote innovation by improving the environment for transactions involving IP rights, etc. and by enhancing literacy regarding IP rights, etc.
The following is an overview of the Guidelines.¹

The Guidelines first set out the “Basic Approach” to IP transactions with respect to (1) management of information, (2) appropriate valuation of IP rights, etc., and (3) other types of conduct.
 

The Guidelines do not merely set out the Basic Approaches described above, but also present measures for implementing those approaches as the “Basic Policy Responses.” In addition, the Guidelines introduce initiatives undertaken by ordering parties and contractors that serve as useful references for implementing the Basic Policy Responses and related matters as “Best Practices.”²
 

In recent years, against the backdrop of social changes such as digitalization, there has been active discussion regarding the appropriate framework for consumer law. A Summary of Issues released in May 2026 by the Consumer Affairs Agency’s (the “CAA”) “Study Group on the Consumer Contract Act in Light of Consumer Transactions in Modern Society” (both in Japanese only) considers, in light of the substantial changes in the transactional environment surrounding consumers resulting from factors such as the emergence of a super-aged society and advances in digitalization, the introduction of: (1) rules needed to address consumers’ varied vulnerabilities, including principles to guide business operators and other relevant actors and a right of cancellation for consumers; (2) rules needed at each stage of a consumer contract, including the prohibition of obstructing cancellation, a prior-notice obligation for changes to material terms, and clarification that transactions in which consumers provide their information, time or attention fall within the scope of a “consumer contract”; and (3) effective mechanisms reflecting the realities of “cancellation fees,” including a review of contract terms providing for such fees.

In addition, the CAA's “Study Group on Digital Transactions, the Act on Specified Commercial Transactions and Related Matters” (in Japanese only), which has convened since January 2026, is considering, in light of the rise of digital platforms and advances in digital technology, how “dark patterns” should be regulated and enforced, as well as new transaction rules responsive to changes in the environment surrounding digital consumer transactions.

Alongside the broader review of consumer legislation described in section 1, the Telecommunications Business Policy Committee of MIC’s Information and Communications Council (the “Committee”) has been considering the “Further Refinement of Consumer Protection Rules and Responses for the DX Era.” In June 2026, the Committee compiled a draft partial report (the “Draft Partial Report”), which was made available for public comment in July 2026 (both in Japanese only).

Consumer protection rules for telecommunications services were introduced through amendments to the Telecommunications Business Act in 2003 and have since been considered and revised on multiple occasions. Against the backdrop of complaints and consultations remaining at approximately 70,000 cases per year (the aggregate number tracked by MIC and the National Consumer Affairs Center of Japan (NCAC)) and anticipated future trends, including further advances in DX, the Draft Partial Report seeks to further refine those rules. The partial report is expected to be finalized in summer 2027, after which specific measures, including legislative and regulatory amendments, will be considered in light of its recommendations.

The following summarizes the principal directions for further consideration identified in the Draft Partial Report:
 

The Draft Partial Report sets out the basic direction of the Committee’s work toward its final report. It addresses issues that continue to warrant consideration despite previous reforms and new trends, including the continued advances in DX, that were not within the scope of earlier reforms. Businesses operating in the relevant sectors should continue to monitor developments relating to the Draft Partial Report.