SOEI Patent & Law Firm

Japan’s National Football Team

2010-07-30T00:40:29Z

Japan’s challenge for FIFA World Cup 2010 is over.

I watched Japan vs Paraguay on TV. Paraguay played a better game overall, but Japan held up well with the power of the whole team, even making scoring opportunities at times.
I was moved watching them play with all they’ve got and when they lost in the penalty shootout I couldn’t help crying seeing Komano on the screen.

But I would just like to say thank you to the national team!

As talked about in various media, Japan’s national team for this World Cup showed us how important teamwork is in football. If a team or an organization can cooperate and work effectively under the same goal with a shared understanding, its power is far greater than all the individual powers simply added together.

A patent office is also an organization. There are about 200 people in Soei, the Tokyo and Kyoto offices put together, and so we should improve our teamwork to be able to offer even better services for our clients!

But for today, my mind is full of sadness for having lost the World Cup…

Marunouchi - our new location! -

2010-07-22T07:02:09Z

As we are announcing on the top page,
We, Soei Patent & Law Firm will move to "Marunouchi" area this August.

Marunouchi is a commercial district of Tokyo. It has good access to transportation.
There are JR Tokyo Station (one of the major stations in Japan), and five metro stations connected to six lines, so you will easily reach everywhere in Tokyo.

There are a lot of business towers, and many Japanese leading companies have their headquarters there, while Ginza area, where our present office is located, has lots of tourists for shopping.

Even though it is a commercial district, there are "Imperial Palace" and its national garden(Kokyo Gaien National Garden), next to Marunouchi.
To see Imperial Palace, you should submit an application before visiting, but its garden is always open to the public.

At lunch time, many office workers go there with their lunch boxes, like enjoying a picnic. So when you come to our new office, how about dropping by the park?

With comfortable greenery, you will get refreshed, and then, you may get a great idea for your business!

Border enforcement, a growing trend

2010-07-16T08:09:03Z

Border enforcement by Japan Customs is an effective option for IP right holders. It is easier to shut infringing products out of the Japanese market than exploring and identifying each alleged product or infringer after the product has already entered Japan. According to statistics provided by Japan Customs last month, the number of import suspensions (“suspensions”) was almost 6,000 and prevented some 173,000 items from entering the Japan in the First Quarter of 2010 (January to March), an increase of 1.4 percent over the corresponding period in the previous year.

Although Japan Customs is empowered to act on its own initiative to seize suspected goods, IP right holders can also file an application for border enforcement with Japan Customs requesting the seizure of suspected goods. Most of the suspensions by Japan Customs are the result of such applications. When filing the application, IP right holder must submit a copy of the Register, Publication or any other documents that defines the IPR, prima facie evidence of infringement, an explanation of how to distinguish genuine products from infringing ones, etc. But once the Customs acknowledges that there is sufficient evidence of infringement and accepts the application, the request will take effect nationwide for two years (renewable).

As of July 2010, there were only 168 valid requests for border enforcement based on trademark rights, however, most applicants are owners of well-known brand such as “ROLEX,” “LOUIS VUITTON,” “CHANEL,” “HERMES,” etc. Please refer to the attached PDF file (unfortunately, only available in Japanese, but several well-known brands stand out.).

Although requests for border enforcement filed by trademark owners represent only 54% of all border enforcement requests currently on file, 98.8% of all suspensions in the period from January to March 2010 were the result of those requests, which shows that the main beneficiaries of the border enforcement system are trademark owners, especially the owners of trademarks extremely well-known worldwide. They may have noticed the efficiency of border enforcement and are taking full advantage of it to protect their IP rights.

As well as IP right holders, Soei is always interested in eliminating infringing products any way we can. We believe that border enforcement is a useful option, and increasing use of border enforcement by Japan Customs is a secret trend in the IP field in Japan, especially for trademarks.

The Number of Applications and Registrations in 2009

2010-07-12T07:40:02Z

In May 2010, the Japan Patent Office published the number of applications and registrations of patents, utility models, design, and trademarks during the year 2009. The published materials include the data of the past ten years for reference.

(1) The number of patent applications was 348, 596, which was 89.2% of the number in the previous year, marking a decrease of about 42,000 applications from 391,002 applications in 2008.

(2) The number of utility model applications was 9,507, which was 100.6% of the number in the previous year, marking a slight increase from 9,452 applications in 2008.

(3) The number of design applications was 30,875, which was 92.0% of the number in the previous year, marking a decrease of about 2700 applications from 33,569 applications in 2008.

(4) The number of trademark applications was 110,841, which was 93.0% of the number in the previous year, marking a decrease of about 8,300 applications from 119,185 applications in 2008.

(5) The number of patent and trademark registrations increased to 108-109 % of the last year.

For details on the number of applications and registrations in 2009, please visit the following URL:
http://www.jpo.go.jp/cgi/linke.cgi?url=/torikumi_e/hiroba_e/e_2009tourokukensuu.htm

Kyoto Office Warriors

2010-07-09T08:18:21Z

The other day, we went to Chushojima in Fushimi-ku to visit a company.

We, Kyoto Office Warriors, are not afraid of heat or effort for our customers!

In this photograph, the person on the right is the assistant manager of the Kyoto Office and the person on the left is the deputy president of Soei.

I asked them to stop walking for a moment so I could take a picture but it looks as if they’re walking hand in hand…

Chushojima is where Teradaya is. Teradaya is the famous inn where Sakamoto Ryoma (a very popular historical figure who played a key role in overthrowing the Tokugawa Shogunate and contributed to the modernization of Japan) was attacked under the orders of the Fushimi bugyo, a government commissioner.

Personally, I don’t really know much about Ryoma, but the historic scenery of Horikawa, the river that Oryo (Ryoma’s wife) is said to have let Ryoma escape from, the line of willow trees and the old wooden houses is quite amazing.

Actually, when we arrived at Chushojima and were looking at our map, a woman came up and started telling us how to get to Teradaya.

“I’m afraid that’s not where we’re going…”
“It’s not? Oh, please forgive me,” (in a lovely Kyoto accent).

Kyoto accent is somehow always soothing.

(φ.ω.)

Announcement of Result of Patent Attorneys' Examination Short Answer Written Test 2010

2010-06-25T04:00:00Z

The results of this year’s short answer written test have been posted on JPO’s website.

A member of the Kyoto Office has passed! Well done!

It’s less than a month now until the essay test and I hope that those who have passed the short answer test will take good care of themselves and be ready for the day.

"Asa-rah" - ramen for breakfast?

2010-06-23T02:04:32Z

*"Asa" means "morning", and "rah" means "ramen" (for short) in Japanese

What did you eat for breakfast this morning?

In Japan, the typical is rice, grilled fish, miso-soup and pickles,
while some Japanese prefer bread to rice.

However, "morning ramen(Chinese noodle)" is getting popular today.

I have never imagined having noodle for breakfast
because it is sometimes so fatty that it may cause heavy stomoch feeling.

At business area like Tokyo(Marunouchi), Shinjyuku and Shinbashi,
some ramen shops open early in the morning,
and soon be full with businessmen before work.

They are offering light-typed noodles only for breakfast,
so you will get filled with energy, instead of heaviness.

Do you want to try "Asa-rah"?

The following website is "Tokyo Ramen Street" at Tokyo Station.
One of the restaurant, "Rokurinsha TOKYO" offers Asa-rah from 8 a.m.

http://www.tokyoeki-1bangai.co.jp/en/index.html

Wisdom Tooth

2010-06-16T04:00:00Z

The other day I had a wisdom tooth pulled out at a dentist in Kyoto. All four of my wisdom teeth had come out but one of them was growing in the wrong direction and I was told it could easily get a cavity. So, I was a bit scared but decided to have it removed.

The few days following the removal were quite unpleasant because it was difficult to eat, I couldn’t do any exercises and I was bleeding. The worst thing was not being able to eat any tasty food. I can hardly wait to eat yakiniku (grilled meat)! I feel like I never want to pull out another tooth.

The dentist I went to (and still go to) seemed very busy with a lot of patients coming in. But before the actual treatment he took time to explain to me my condition, why it was necessary to have the tooth extracted and how he would do it which made me comfortable with the treatment I was to receive.

This is very important: to communicate with your clients well and have them understand and accept how to proceed with the work. It’s nothing special but seeing this dentist made me remember how important it is.

I took my tooth home as a keepsake, by the way.

Revision of the Copyright Law

2010-06-15T01:33:23Z

The Revision of the Japanese Copyright Law became effective on January 1, 2010. Some of the new provisions introduced by the revision are as follows:
1. A provision limiting copyrights under certain conditions with regard to the copies, etc. made by companies providing search tools when such copies, etc. is within the range necessary for providing services
2. A provision limiting rights for posting images of artworks, etc. in internet retailing
3. A provision limiting copyrights of information analysis using computers, etc.

The United States Copyright Law has the Fair Use doctrine which limits copyrights based on four elements. Japan does not have this doctrine and instead has many restrictive provisions limiting copyrights in accordance with specific types. With the growth of internet technologies, the law must be revised frequently. In determining copyright infringement in Japan, it is important to be aware of not only legal precedents but also the numerous restrictive provisions and revisions of the copyright law.

As the internet technologies are growing rapidly, it is becoming extremely difficult to revise the law in a timely manner. In view of this difficulty, the implementation of a Fair Use doctrine was considered in the process of formulating the current revision. Although there were many that supported the idea, it did not occur. However, the doctrine may be implemented in the near future.

Tokyo Sky Tree is growing up!

2010-06-10T05:29:31Z

At Oshiage, which is "a shitamachi(downtown) area,"
there is a tower growing higher and higher every day.

The tower is called "Tokyo Sky Tree,"
which will take on a variety of roles - radio wave tower, observatory, and so on.

Even though it is under construction now,
people around here are enjoying this Tower's growth.

You can see some pictures of its growth through time from the following website;

http://www.tokyo-np.co.jp/article/feature/skytree/

Its height is 1306 feet now, and will be 2080 feet on July 2011!

Official website;
http://www.tokyo-skytree.jp/english/

Climbing Mt. Daimonji

2010-06-02T01:51:48Z

During Golden Week, I climbed Mt. Daimonji.
You take the road north of Ginkaku-ji and it’s an easy climbing route that takes about half an hour one way. (But because I haven’t been getting much exercise recently, my muscles started to ache right away…)

I started climbing at six in the morning and joined the old men doing the radio exercises at the top.

It was kind of surrealistic and also felt very good to do the exercises while watching a panoramic view of Kyoto in the morning sun.

The mountain is closed every year on August 16 on the day of Gozan-no-Okuribi (last day of Buddhist Obon festival on which five great bonfires in the shape of Chinese characters and other motifs are lit on the hillsides of mountains) but otherwise it’s open throughout the year.

Anyone interested, please give it a go.

Rumors are that there’s a group in K university that secretly plans to change the bonfire character from 大(great) to 犬(dog)…

Japan Patent Office Considers Reducing the Official Fees

2010-06-01T09:30:00Z

The Japan Patent Office (JPO) has announced that they are considering of reducing the official fees to help reduce the financial burden on corporations with regard to patent matters.

The number of patent applications in Japan showed a slight decline from 2006 through 2008. In 2009, however, the number of applications was only 89.2 % of the previous year, which is a considerable drop. The JPO assumes that this significant decrease in the number of applications is due to the Lehman shock in the autumn of 2008 that affected the world economy and caused corporations to cut the budgets for patent related matters. Out of concern that the current situation may hinder innovation, the JPO thinks it is necessary to reduce the fees for filing Request for Examination, annuities, etc.

However, the reduction of official fees may create adverse effects such as rapid increase in the number of applications, prolongation of examination period, increase of unused patents, etc. The JPO says that they will formulate a well-balanced fee schedule so that the number of patent applications can recover without much adverse effects.

Air Worshipping?

2010-05-25T07:53:57Z

We can now visit and pray at Kiyomizu Temple over the internet.
It’s called air worshipping.

You can experience the walk up to the entrance, buying a ticket, the view from Kiyomizu-no-Butai (the stage of Kiyomizu), and the worshipping all while watching your screen.
In order to make you feel as if you’ve actually walked up the hill to the Temple, it even tells you to do some squats to place a similar physical demand on your body.
It looks serious but also has a sense of humor, and it’s good fun!

Air Worshipping website:http://air-sampai.jp/

Ryoji SAITO

2010-05-25T04:32:40Z

[Adviser]

Mr. Saito graduated from Tokyo National University of Fine Arts and Music. He has been Of Counsel at SOEI since 2006.
He held many senior positions in the Japan Patent Office including Appeal Examiner, Director of Design Division and Director of the Board of Appeal. He was a member of the Unfair Competition Prevention Law Committee of Industrial Structure Council, and a Design member of Industrial Property Council. He was also involved in drafting amendments to the Unfair Competition Prevention Law and the Design Law. He is the author of one of the most famous books on Japanese Design Law, “General Observations on Design Law.” He is now unregistered as a patent attorney as of December, 2009,
but still works as an adviser making use of his abundant experience.

Support for Foreign Industrial Property Right System

2010-05-24T07:02:21Z

As a part of the support for improving industrial property system in developing countries, particularly the Asia-Pacific region, the Japan Patent Office has posted on their website the industrial property laws and regulations in effect in various countries, both in English and Japanese.
http://www.jpo.go.jp/shiryou_e/s_sonota_e/fips_e/mokuji_e.htm

The posted information is convenient as a reference for obtaining rights in the concerned countries.

A brief outline of the industrial property systems in various countries can be found on the web page below in “Support for Foreign Industrial Property Right System” website (in Japanese).
http://www.iprsupport-jpo.jp/soudan/miniguide/miniguide.html