Japan
Masaki Mikami of Marks IP explains how he helped prove acquired distinctiveness to secure protection for 'Pocky' in Japan
Longi’s actions against JinkoSolar are the latest in a growing number of patent infringement disputes involving solar technology
Partners at Anderson Mori & Tomotsune say AI and the UPC are providing new business opportunities and reveal why flexibility is key to retaining talent
Each week Managing IP speaks to a different IP practitioner about their life and career
Recently published Special Focus articles
Recently published Special Focus articles
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Sponsored by ABE & PartnersTakanori Abe of Abe & Partners explains the premise of Hantei-E and its offerings in Japan -
Sponsored by ABE & PartnersTakanori Abe of Abe & Partners looks at a recent case where it was alleged that Toshiba Visual’s sale of LCD TVs, equipped with LEDs, infringed Nichia’s LED patents
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Sponsored by ABE & PartnersTakanori Abe of Abe & Partners looks at a recent judicial decision concerning the Antimonopoly Act and considers the growing litigation of this area in Japan
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Sponsored by ABE & PartnersSumitomo Bakelite has manufactured and sold each device comprising a portable and disposable device for continuous low pressure suction or a set of these devices (collectively SB Bag) with the product name "SB Bag" since 1984. Those consisting of a drainage bottle and a suction bottle in SB Bag are the relevant products belonging to Sumitomo Bakelite in this case. Nippon Covidien has manufactured and sold its product since January 2018.
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Sponsored by ABE & PartnersIn the past, Japanese patent litigations were notorious for being slow, having narrow claim interpretation, low damages awards, poor evidence collection procedures, and having a low winning rate. Cases and Materials on Patent Law, Second Edition says, "No countries' patent system has received more criticism than that of Japan. Among the chief complaints is that the courts award patent claims with an extremely narrow scope, and that the Doctrine of Equivalents does not exist at all." Global Patent Litigation: How and Where to Win, Third Edition, edited by Finnegan says that the winning rate of patentees from 2006 to 2016 was 24% in Japan, ranked second from the bottom out of the 10 countries. However, Japanese patent litigation has been reformed and is now transformed in order to be more convenient for patentees than ever before.
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Sponsored by Shiga International Patent OfficeAmid the coronavirus pandemic, pioneering pharmaceutical makers, research institutes, and universities are working in collaboration to develop novel antiviral drugs that are small compounds and vaccines. Although most inventions produced this year will be disclosed when their patent applications are published next year, the inventions being developed before this pandemic have already been disclosed.
