A fundamental characteristic of civil litigation in Japan is the "Principle of Party Presentation," or Benron Shugi (弁論主義). This doctrine dictates that the responsibility for introducing the factual and evidentiary material necessary for a court's decision rests primarily with the litigating parties, not the court. Understanding

When a legal dispute enters the courtroom in Japan, one of the most fundamental concepts that shapes the entire proceedings is the "subject matter of litigation," known in Japanese as soshobutsu (訴訟物). This is not merely an academic term; how the soshobutsu is defined and identified has profound

International business inherently carries the risk of cross-border disputes. When a disagreement arises involving a Japanese counterparty or an event connected to Japan, a crucial threshold question is whether Japanese courts have the authority—or international jurisdiction—to hear the case. This is not merely a procedural formality; the determination

Industrial designs—the aesthetic appearance of products—are valuable intellectual property assets that can significantly influence consumer choice and brand identity. In Japan, the primary legal framework for protecting these designs is the Design Act (意匠法 - Ishōhō), which grants exclusive rights through a registration system. However, the question frequently

In the United States, the doctrine of "fair use" (17 U.S.C. § 107) stands as a cornerstone of copyright law, providing a flexible, equitable defense that permits certain unlicensed uses of copyrighted works for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. It allows

When copyright infringement occurs, one of the primary remedies sought by rights holders is monetary compensation for the harm suffered. While Japan's Civil Code Article 709 provides the general basis for tortious damages (requiring proof of intent or negligence, harm, and causation), the intangible nature of copyright and

The internet has revolutionized content distribution, but it has also created unprecedented challenges for copyright enforcement. When users engage in infringing activities online—such as unauthorized file-sharing or streaming—the role and responsibility of the intermediaries that provide the platforms and infrastructure, like Internet Service Providers (ISPs) and platform operators,

In today's digitally driven economy, software stands as a cornerstone asset for businesses across all sectors. Protecting the ingenuity and investment embodied in computer programs is therefore a paramount concern. In Japan, like many industrialized nations, the primary legal framework for safeguarding software is copyright law. While recognized

While copyright law primarily safeguards the creators of original literary, artistic, and musical works, the journey of these works to the public often involves the crucial contributions of other parties. Performers bring scores and scripts to life, phonogram producers capture these performances in lasting recordings, and broadcasting organizations disseminate them

While economic rights form the commercial backbone of copyright, providing creators with control over the reproduction and distribution of their works, many legal systems also recognize a distinct set of entitlements known as "moral rights." These rights safeguard the personal, non-economic link between authors and their creations. Japan&

The ability to quote from existing works is a cornerstone of academic discourse, critical analysis, news reporting, and the broader cultural dialogue. In Japan, Article 32 of the Copyright Act (著作権法 - Chosakken-hō) provides the legal basis for such quotations (in'yō - 引用), attempting to strike a balance

The ability to make copies of copyrighted works for personal use is a concept familiar to many copyright systems worldwide. It acknowledges the practical realities of how individuals interact with content in their private lives. Japanese copyright law addresses this through Article 30, which permits "reproduction for private use&

The creation of new works often involves drawing inspiration from, or building upon, pre-existing ones. When such creative endeavors result in a new work that incorporates and adapts an earlier piece, it enters the realm of "derivative works." In Japan, these are known as nijiteki chosakubutsu (二次的著作物). Understanding

In the realm of intellectual property, determining who owns the copyright to a work created within a business context is a critical issue with significant financial and operational implications. While the default principle in many copyright systems is that the individual creator is the first owner of copyright, most jurisdictions

Understanding what constitutes a "work" eligible for copyright protection is fundamental in any jurisdiction. In Japan, the Copyright Act (著作権法 - Chosakken-hō) provides a specific definition that, while sharing common international principles like the idea-expression dichotomy, possesses unique nuances, particularly concerning creativity and the scope of protected subject

In an increasingly interconnected global economy, securing and understanding the scope of patent protection across different national borders is a critical concern for businesses. Patent rights are fundamentally territorial, meaning a patent granted in one country generally provides protection only within that country's borders. This principle has significant

When a patent is infringed in Japan, the patentee is entitled to seek monetary damages to compensate for the harm suffered. While the general principles of tort law under the Japanese Civil Code (Article 709) provide a basis for such claims, patent infringement presents unique challenges in quantifying loss. Recognizing

Navigating the patent prosecution process in Japan involves several key procedural tools that allow applicants to refine their applications, manage complex inventions, and incorporate later developments while striving to maintain the benefit of an early filing date. Understanding the rules and limitations surrounding amendments, divisional applications, and domestic priority claims

For an invention to be granted a patent in Japan, it must satisfy several core criteria, including novelty, an inventive step, and "industrial applicability." While the first two are common touchstones in global patent law, the requirement of industrial applicability (sangyō-jō no riyōkanōsei) under Article 29, Paragraph 1

Patent rights grant the patentee an exclusive right to commercially work their invention, preventing others from making, using, selling, or importing it without permission. However, this exclusivity is not absolute. Most patent systems, including Japan's, recognize certain limitations on patent rights to balance the interests of the patentee

In patent infringement lawsuits, one of the most potent defenses an accused infringer can raise pertains to the validity of the asserted patent itself. If a patent was granted for an invention that did not actually meet the requirements for patentability (such as lacking novelty or inventive step), then enforcing

Direct patent infringement typically involves the unauthorized making, using, selling, offering for sale, or importing of a patented invention. However, patent rights can be significantly undermined if protection is limited only to these direct acts. Often, the most effective way to control infringement is to address activities that, while not

In patent law, the determination of infringement typically begins with a comparison of the accused product or process against the literal language of the patent claims. If an accused embodiment does not fall squarely within this literal scope, it generally does not infringe. However, patent rights could be easily circumvented

Product-by-process (PBP) claims are a unique feature in patent law, defining a product not by its structural characteristics but by the method of its manufacture. These claims are particularly prevalent and often necessary in fields like chemistry and biotechnology, where the intricate structure of a novel substance might be unknown,

One of the fundamental tenets of patent law globally is that an invention must be novel at the time a patent application is filed. Public disclosure of an invention before this crucial filing date can, under normal circumstances, destroy its novelty and render it unpatentable. However, recognizing that inventors sometimes