Finally, Japan’s courts are going to use information technologies for proceedings. Despite widespread use of IT in daily life, we have been required to conduct paper-based procedures and go to court for a brief preparatory proceeding. It would be welcome to improve this situation, but it’s too slow. The reported rough schedule is as follows. Arrangement of Issues using web conferencing in some courts: Around February 2020 Submission of briefs using cloud services in some courts : Fiscal 2021 Online oral argument: Fiscal 2022 (after revision of Civil Procedure Law) Online filing of lawsuit: Not yet scheduled It has been pointed out that Japan is behind Singapore, China, South Korea […]
Japan’s Tokyo and Osaka district courts will start an intellectual property mediation service in October 2019. The Tokyo district court published the operational guidelines for the new service on August 1. The purpose of this service is to solve an IP dispute quickly through a discussion between both parties, by advice or opinion from a mediation committee which consists of three members – a judge in the IP division and two experts such IP attorneys. This mediation tries to draw a conclusion in 3 to 6 months (within three times mediation meetings). The mediation committee discloses impression of the case. But also it may suggest the parties to solve the dispute […]
Japan Patent Office (JPO) published an annual report on July 12 2019. According to the report, 313,567 patent applications were filed in Japan in 2018. And, 253,000 patent applications among them were filed by domestic applicants. It slightly decreased than last year. As you may know, Japanese companies have been reducing investment in Japanese patents. However, my more serious concern is that they have been not increasing investment in patenting in foreign countries either, while increasing foreign sales. The chart shows the transition of foreign patent filing number and the foreign sales of Japanese companies. In fact, Japanese companies have not increased investment in intellectual properties, despite the increasing importance of […]
JPO’s SEP advisory opinion service has been updated for cases received on or after July 1 2019. This service started from April 2018, to provide a JPO’s non-binding opinion on whether a particular patent is a standard essential patent (SEP). We covered this service in the previous article here. The changes in the user’s guide include the following. User can demand an opinion that a particular patent is NOT a standard essential patent. User can use this service not only for licensing negotiations, but also for the negotiations in patent trade, business transfer involving patent transfer, and creation of security interest in patents. It explicitly describes that, even when JPO provides a […]
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