How do you decide in which country you file a patent application? As you know, in order to obtain patent protection in multiple countries, you are required to file a patent application and obtain a patent in each country. Generally, you may choose filing countries on the basis of the existence of your business within the limits of your budgets. In addition, you may also consider potential market size, the situation of IP system of countries etc. For example, China, the U.S. and Germany are the most litigious countries and patentee friendly. The figure below, which is excerpted from the materials prepared by Michael C. Elmer for the Global IP Project, […]

On March 13 2019, Japan’s Fair Trade Commission (FTC) made a decision to cancel the exclusion order against Qualcomm which had been issued on September 28 2009 and appealed by Qualcomm on November 24 of that year. It took almost a decade! It’s too long, but Qualcomm has finally got an expected result.    The main issue was whether or not the Qualcomm’s license agreement on intellectual properties for CDMA mobile wireless communication, which includes the following provisions, possibly restrains the business activities of Japanese mobile device manufacturers and disrupts fair competition. Royalty free license of IP of the Japanese manufacturers to Qualcomm The manufacturers’ Non-assertion obligation against Qualcomm The manufacturers’ Non-assertion […]

On March 13 2019, the Japanese government reportedly gave up submitting an amendment of copyright law to the Diet. (Please read “Japan to amend copyright law to combat piracy” for the proposed amendment.) It was specifically for anti-piracy, but it generated strong public reaction to the expansion of punishment against downloading of pirated copies. It is very rare for the government to stop the submission at this stage. In fact, content creators, such as The Japan Cartoonists Association, also have expressed concern about the proposed amendment. For whom was the anti-piracy measures? The problem is that the consensus-building process was not appropriate in this case. The government just paid attention […]

On March 1 2019, the Japanese government announced that it submitted a bill to the Diet to amend the laws of patent, utility model, design and trademark. The major part of the amendment lies in the patent law and the design law. And we reported most of them in the previous articles. But we would like to pull them together here to show the outline of the amendment of Japanese patent law and design law for your reference. Patent Law Introduction of inspection procedure. Courts will be able to issue the inspection order, in response to the patent holder’s motion, by which neutral experts inspect the facility of the alleged infringer to […]