We Japanese often say “お変わりありませんか？(okawari-arimasenka?)” that means, in English, “Nothing has happened (or everything remains unchanged)?” to someone whom we meet after a long interval. No change is a good thing in Japanese culture. I’m just wondering if we can change such a greeting to something by which we can expect or accelerate change. JPO commissioner Naoko Munakata mentioned the necessity of improvement of Japanese IP litigation system and demonstrated the high level of interest, in an opening speech for Global IP Strategy Forum 2019 which was held on January 28 2019 in Tokyo. However, I have seen a difference of opinion between SMEs and large enterprises,  a conservative court, […]

The discussion on possible revision of Japan’s intellectual property dispute resolution system, reported in the previous article, has started from last October, and the second meeting was held on November 21 2018 at the Japanese Patent Office (JPO), on which I had a chance to sit in. The objective of the meeting was to hear opinions from users of the litigation system, i.e. a lawyer, Masakazu IWAKURA (Partner at TMI Associates), Keidanren for the voice of big business in Japan, and The Japan Chamber of Commerce and Industry (JCCI) for the voice of SMEs. In their presentations, large companies seemed to want the continuation of the status, while SMEs want […]

In Japan, there have not been many copyright infringement cases on choreography, though Japanese copyright law exemplifies “dance works” as an example of copyrighted works. On September 20 2018, Osaka District Court issued an injunction against the use of the plaintiff’s choreographies for the following five songs and awarded approx. JPY 430,000 (approx. USD 3,900) in damages, in a copyright  (right of performance) infringement case brought by a master teacher in the art of Hula (Kumu Hula) residing in Hawaii, Kapu Alquiza, against Kyushu Hawaiian Association. (You can read the decision in Japanese.) E Pili Mai Lei Ho’ohen Ua Lanipili I Ka Nani O Papakōlea Blossom Nani Ho’i e Mauna […]

On September 6 2018, Tokyo District Court dismissed the GREE’s claim against Supercell in a patent infringement case, which was previously reported here. GREE demanded JPY 100 million (approx. USD 909,000) in damages from Supercell for the patent infringement by the layout editor of  “Clash of Clans”. In this case, the interpretation of “the whole game space … chosen by player” in Claim 6 and 8 of the subject patent (JP 5952947) became an issue, especially from the viewpoint of how a player chooses the whole game space. The judge examined the description of the specification and the response to an office action, and concluded that the player chooses a certain […]