TAIYO, NAKAJIMA & KATO

Intellectual Property Law
 
 
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 June 25, 2024

NEW! Information on Trademark Act Revisions

As of April 1, 2024, a portion of the Japanese Trademark Act has been revised, and we therefore wish to provide the following information.


 June 11, 2024

NEW! Settlement of Request for Arbitration in the Public Interest

On July 13, 2021, a request for arbitration in the public interest based on Article 93 of the Patent Law was filed for the first time in Japan; however, the request was withdrawn on May 30, 2024, as a result of settlement.


 Nov. 17, 2023

Introduction of "Service by Publication" in response to International Mail Service Suspension

The Japan Patent Office (JPO) has introduced a measure known as "service by publication" for documents that cannot be delivered to the intended recipient, by instead publishing the relevant information in the Official Gazette and the Patent Gazette, posting the information at the JPO or making the information accessible by other such means.


 Nov. 14, 2023

Comparison of Examination Practices on AI-related Inventions in USPTO, EPO, CNIPA, KIPO and JPO

The Japan Patent Office (JPO), together with the USPTO, the EPO, the CNIPA and the KIPO, has published a comparison table that summarizes the laws, examination guidelines and exemplary cases concerning AI-related inventions, which was approved by the five offices (IP5 Offices) in June 2023.


 June 20, 2023

Infringement of Patent Directed to System Composed of Server outside of Japan and User Terminals - Territoriality Issues (IP High Court Grand Panel Case)

The Grand Panel found that production of a system composed of a server located abroad and domestic user terminals constituted infringement of Japanese Patent No. 6526304, owned by Dwango, the appellant, the patent being directed to an invention of a system comprising a server and plural terminal devices connected by a network.


 Apr. 18, 2023

Termination of Relief Measures related to COVID-19 at the JPO

As of May 9, 2023, the Japan Patent Office (JPO) will terminate the relief measures implemented in response to COVID-19.


 Apr. 18, 2023

Fast-track Trademark Examination Suspended as of April 1, 2023

Fast-track trademark examination has been suspended as of April 1, 2023, owing to overall reductions in the length of examinations.


 Feb. 27, 2023

Suspension of Examination of Divisional Applications from Parent Applications Pending Trial

On February 13, 2023, the Japan Patent Office (JPO) announced that the JPO will introduce a measure that allows applicants of patent applications to request suspension of examination of divisional applications filed from applications that are pending trial (appeal) proceedings.


 Dec. 19, 2022

Presumption of Damages: Massage Chair Case (IP High Court Grand Panel Case)

The present case is an IP High Court Grand Panel case in which the court upheld the cumulative application of clauses (2) and (3) of Article 102 for the presumption of the amount of damages.


 July 22, 2022

Revisions to IP Laws - Restoration of Rights and Expansion of Infringing Actions

On July 15, 2022, a Cabinet Order announcing the dates of implementation of some of the previously reported revisions to the IP Laws was approved by the Cabinet.