The previous article covered a failure of legislation for piracy website blocking due to legal considerations of constitutionally guaranteed secrecy of communication. Now the secrecy of communication is likely to apply to foreign platform providers, especially to big tech companies called GAFA (Google, Amazon, Facebook and Apple), according to a draft document distributed in an advisory committee meeting which was held on January 21 2019. The scope of the secrecy of communication covers not only the communication content but also the date and time of the communication, the identification of communication parties, and everything which can be used to infer the semantic contents of the communication. Therefore, it may make an impact […]

Piracy website blocking has been one of the most controversial topics in Japan. In April 2018, the government decided on a policy to legislate for piracy website blocking by Internet providers, to combat piracy websites with copyright infringing content of manga, animation etc. However, it has been strongly opposed by lawyers and academics out of fear that it is likely to infringe on the constitutionally guaranteed secrecy of communication. Accordingly, the government reportedly has decided to postpone the legislation, and instead it is considering alternative measures – e.g. regulating leech sites which guide users to piracy sites. It is rare (at least in the intellectual property field) that the government […]

Satoshi Watanabe contributed an article to a journal for Japanese IP professionals “Patent News” published by Research Institute of Economy, Trade and Industry. It gives a quick summary on how to use patent information especially for patent monetization. This is a two-part article, the first part was published on January 10 2019 and the second part will be published in February 7.  If you have a chance, please take a look at it (please note that only Japanese edition is available).

Happy New Year! In 2019, there is a big event in Japan. The current crown prince ascends to the throne on May 1. In conjunction with that, Japan’s era name is also changed. Reportedly, the new name will be announced on April 1, one month prior to the enthronement, to ease the transition including necessary system update and other preparation. From intellectual property perspective, names of goods or services that are just recognized as the era name are not allowed to register trademarks in Japan, because of lack of distinctiveness. The names combined an era name and other non-distinctive word (e.g. generic names) are also not allowed to register trademarks. […]