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Chinese Utility Model Right Infringement. A Case Study. Difficulties in Overcoming Local Protectionism in China

Based on the utility model registration of a Japanese company in China, we filed an injunction request with the administrative agency of a certain local city in China. This case study explains two solutions to overcoming local patent protectionism in China.

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Secret Prior Art In Global Patent Law. Understanding the Differences in Legal Systems in Major Countries

If a patent application (latter application) is filed with the claimed invention being identical to the description in the specification of a former patent application, the application may be rejected when the former patent application is laid open to the public after the filing of the latter patent application. Understanding secret prior art in Japanese and global patent law is important.

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Japan IP News

IP Dispute Resolution in Japan, the United States, and Europe – Recent Symposium and Developments. Tokyo, October 2022.

IP dispute resolution is at the core of the IP system globally. The effort required by companies and IP professionals in the stages of application, examination, granting and managing of IP assets is substantial.  However, it is when faced with infringement and the battle to protect IP these efforts, that your ability to prevail is put to the test. The latest trends in IP dispute resolution in Japan and globally are essential to understand.  

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Japan IP News

JPO Success in Fast Tracking and Reducing Pendency of Trademark Examinations. Tokyo, November 2022

The JPO has been improving the speed and quality of patent and trademark examinations. In fact, they have stated their aim to be the fastest in the world, and the recent publication of related statistics confirms Japan is achieving more timely trademark applications.

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Japan IP News

JPO Publishes Monthly Trial / Appeal Decisions & Opinions in English. October 2022.

Read the JPO’s monthly Trial Decisions & Opinions In English. Indeed, there are important IP rights learning from reading JPO decisions – being able to do so in professionally translated documents is exceptionally convenient.

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Japan IP News

JPO Publishes Japanese Inventions that Contribute Innovation Globally. You Might Be Surprised.

JPO Publishes Japanese Inventions that Contribute Innovation Globally. You Might Be Surprised.

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Japan IP News

JPO Dispatches Experts to IP Offices In ASEAN Developing Countries. JPO’s Ongoing Partnership with the WIPO & Developing Countries. Update October 2022

The JPO reports that it has sent patent examiners as long-term experts to IP offices in ASEAN. The JPO states that it works together with “our partners in developing economies for establishing the enhanced IP infrastructure”.  In this article we look at the JPO’s Ongoing Partnership with the WIPO & Developing Countries. Update October 2022.

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Japan IP News

JPO Guidelines for Collective Examinations for IP Portfolio (CEIP). Supporting Business Strategy. Revisions July 2022.

Japanese CEIP applications are key to business strategy. The Japan Patent Office (JPO) recognizes the importance for “enterprises to amass Intellectual Properties and utilize them”. They note that along with globalization and diversified business styles, the JPO will support companies’ business strategy by providing such services as follows:

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Design Registration Hurdles in Japan Compared to Other Countries. Are they the Highest?

The JPO is conducting comparatively high-level and detailed examinations. Design registration hurdles in Japan compared to other countries should be considered.

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What Is the Evidence Value of Private Documents In Patent Opposition Cases & Patent Invalidation Trial Cases?

In PTO cases, a problem is evaluating the evidence value of private documents for patent invalidation or opposition in Patent litigation.

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Should You Register Patents Under the President’s Name or the Company Name? Patent Registrations and Infringement Litigation Implications.

Always register IP under the company name, even when it is supported or created by the president’s technical capabilities.

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Japan IP News

Updated Guide to Standard Essential Patents (SEPs) Licensing In Japan: September 2022

Global SEP licensing negotiations are continuing to be transformed, and The Japan Patent Office (JPO) has published the 2nd Edition of its Guide To Licensing Negotiations Involving Standard Essential Patents.

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Japan IP News

USPTO Joins JPO in WIPO GREEN: the international green-technology platform.
From a Japanese initiative In Green Patent Databases and Resources

WIPO GREEN connects climate change problems with sustainable solutions. We see the WIPO GREEN, IPO GREEN and the GXTI as useful resources for all companies, including SME’s in developing and improving their IP and business strategy. 

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Japan IP News

Japan’s IPO Green: Helping Global IPO’s Progress in Green Patent Impact Globally.
Japan’s continuing Green Patent – Related Initiatives

Japan’s IPO GREEN is a vital resource for all SME’s.  We see the WIPO GREEN, IPO GREEN and the GXTI as useful resources for all companies, including SME’s in developing and improving their IP and business strategy.  So we also expect the GXTI to be a valuable resource in helping us guide clients, and their IP and business strategies.

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Japan IP News

Japan (JPO) Launches Green Transformation Technologies Inventory (GXTI).
A Key Part of Japan’s New Corporate Environmental Governance Code

JJapan’s JPO Green Transformation Technologies Inventory (GXTI) has now been launched. We see the WIPO GREEN, IPO GREEN and the GXTI as useful resources for all companies, including SME’s in developing and improving their IP and business strategy.  So we also expect the GXTI to be a valuable resource in helping us guide clients, and their IP and business strategies.

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Japan IP News

The Patent Prosecution Highway (PPH) Speeding Multi-Country Patent Examinations. Part 1. 2022 Update.

…”a fast-track examination framework that enables users to make a simple request to accelerate the examination of a patent application pending at an Office (Office of later examination) when a corresponding application has been found allowable/patentable by another Office (Office of earlier examination)”

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Japan IP News

April 22. WIPO Report on Digitalization Innovation & Green Tech. From Entrepreneurs to Policy Makers: What Needs To Happen

“Human innovation is inevitable, but its outcomes are not. The direction of innovation is the result of multiple actions by entrepreneurs, researchers, consumers and policy-makers, and society’s needs can change quickly as they did during the fast-spreading COVID-19 pandemic.”

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リソース

日本における特許侵害論での均等論について
-米国・欧州・中国との対比―

日本で均等論侵害は未だに権利者にとっては米国ほど身近な存在ではない. 均等論」は、古くは英国の判例法において法理論が形成され、その後、米国裁判所において様々な重要判決が出され、進化した法理論である、日本においては、長く否定されてきたが、2016年の最高裁判決により認められた侵害理論である。

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リソース

クリスチャン・ルブタン「レッドソールハイヒール」事件経過報告

ルブタン側の、特許庁の審査での拒絶査定を不服とする審判請求を却下する審決が出た。この審決により、ルブタン側の「レッドソールハイヒール」商標登録の試みは、日本特許庁段階では最終的に容認されなかったことになる

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The Doctrine of Equivalents in Patent Infringement Discussions in Japan & Comparisons with the United States, Europe and China

n patent infringement cases, the “infringement discussion” (whether or not the alleged infringing product actually infringes the patent right) is the first hurdle in the courts in any country.