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[IP Case Summary: Japan – Trademark/Unfair Competition] No. 2016 (Ne) 10058, Intellectual Property High Court (October 31, 2016)

Re “Case on potato salad package” Overview: The decision concerns an appeal of the Tokyo District Court decision (Case No. 2015 (Wa) 28027) rendered on April 28, 2016. The plaintiff having sold “Potato Salad” with the indication shown in the first package depicted below (left), has asserted that the defendant’s sale of “Anchovy Salad” with …

[IP Case Summary: Japan – Design] No. 2016 (Gyo Ke) 10054 – Intellectual Property High Court (November 7, 2016)

Re “Handrail” Overview: The case follows an invalidation appeal decision by the Japan Patent Office (JPO), and concerns a request for a reversal of the decision. The design in question concerns a partial design of laminated glass, which is a surface panel material of a “handrail” provided in a building. In the appeal decision, the …

[IP Case Summary: Japan – Patent] No. 2016 (Wa) 15355 – Tokyo District Court (October 31, 2016)

Re “Oxaliplatin solution formulation, and method for preparing the same and use thereof” Overview: Further to a patent infringement action initiated by the plaintiff, it was found that the defendant’s product does not fall within the technical scope of the invention in question. Legal Issue: The invention claimed in the patent of concern is directed …

[IP Case Summary: Japan – Patent] No. 2015 (Gyo Ke) 10212 – Intellectual Property High Court (October 12, 2016)

Re “Method for manufacturing mold” Overview: The plaintiff (petitioner of the invalidation trial) has asserted that the disclosure of the main cited document (“Exhibit 1”) includes an invention different from that which was recognized in the invalidation trial decision by the Japan Patent Office, and that therefore, the claimed subject matter lacks an inventive step in view of the …

[IP Case Summary: Japan – Trademark] No. 2016 (Gyo Ke) 10086 – Intellectual Property High Court (September 14, 2016)

Re  Appeal requesting the cancellation of registered trademark “LE MANS” Background: This case concerns the registered trademark pertaining to “LE MANS” (Registration No. 971820) and owned by the defendant. Further to the plaintiff requesting the cancellation of the registered trademark due to non-use (Cancellation No. 2014-300901), the Japan Patent Office rejected the request for cancellation …

[IP Case Summary: Japan – Copyright] No. 2016 (Ne) 10059 – Intellectual Property High Court (October 13, 2016)

Re Copyright infringement appeal “Infant chopsticks” Background: This case concerns an appeal further to a decision from the Tokyo District Court denying the copyright eligibility of a design of “infant chopsticks” (Case No. 2015 (Wa) 27220). Summary of Conclusions: The appellant asserted that the product should be protected as a “work of art” based on …

[IP Case Summary: Japan – Patent] No. 2015 (Gyo Ke) 10242 – Intellectual Property High Court (September 20, 2016)

Re “Double eyelid forming tape or string and method of manufacturing the same” Overview:  This case follows the Supreme Court Decisions of June 5, 2015 (No. 2012 (Ju) 1204 and No. 2012 (Ju) 2658, in the “Pravastatin Sodium Case”) regarding a product-by-process (PBP) claim, and concerns the clarity requirement of a PBP claim. In this …

Utsunomiya City

Last week, my colleague at our Washington DC office, Hans, temporarily came back to Tokyo. I played golf with him and other colleagues because it was a good opportunity to strengthen the ties of our team members both in Japan and the US. I selected golf courses (one course for Saturday and another for Sunday) …

[IP Case Summary: Japan – Patent] No. 2015 (Gyo-Ke) 10176 – Intellectual Property High Court (October 12, 2016)

Re “Transparent-thin-film field-effect transistor using a homologous thin film as an active layer” Background:  This decision concerns an appeal of the Japanese Patent Office’s decision to reject a request for invalidation of a patent. Legal Issue: The High Court assesses whether the detailed description is adequately complete to satisfy the enablement requirement. Summary of Conclusions:  The …

Grace Period in Japan

Table of Contents: Basics of “Grace Period” in Japan “Exceptions to Lack of Novelty” “Exceptions to Lack of Novelty” Before 2011 Revision of Patent Act in Japan “Exceptions to Lack of Novelty” After 2011 Revision of Patent Act in Japan Comparison between Japan and the U.S. Statement and Proof required in Japan Conclusion Please download the PDF …

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