Japan Compliance

In today's interconnected global economy, intellectual property disputes frequently transcend national borders. A company based in one country might find its foreign patent allegedly infringed by the activities of a Japanese corporation, either through actions within the foreign country itself or through activities in Japan that have cross-border

For decades, trademarks were primarily thought of as words, logos, or symbols. However, as branding strategies evolve, businesses increasingly seek to protect less conventional indicators of source, such as sounds, motions, and even single colors. In 2014, Japan amended its Trademark Act to explicitly allow for the registration of these

Beyond the economic rights that allow authors to control the copying and distribution of their works (collectively known as copyright or chosakuken), Japanese copyright law provides a distinct and robust set of protections known as "moral rights" (chosakusha jinkaku ken). These rights safeguard the personal and spiritual bond

In an increasingly digital world, the desire for convenience and portability has led many book lovers in Japan to "Jisui" (自炊), a term literally meaning "self-cooking" but colloquially used to describe the act of personally scanning physical books to create digital copies. This practice allows readers

The academic environment thrives on the exchange of ideas and the critical analysis of existing works. Professors and students frequently need to use copyrighted materials—from scholarly articles and literary texts to artistic images and musical scores—for teaching, research, and discussion. While the United States employs a broad "

The ubiquitous nature of music in modern life—from live concerts to internet radio streams—brings with it complex questions of copyright liability. When copyrighted music is performed without authorization in a live venue, or when radio broadcasts containing such music are retransmitted over the internet without permission, who is

The global dissemination of creative works is easier than ever, but it also brings complex copyright challenges. Imagine a Japanese singer-songwriter discovers their hit song has been plagiarized by an artist in a foreign country. To make matters worse, CDs and DVDs containing this unauthorized version, or even legitimate foreign

Video game development is an intensely collaborative endeavor, often involving a diverse team of programmers, artists, musicians, writers, and company planners. When these creative talents—some full-time employees, others freelance contractors—come together to build the next interactive hit, a critical question arises: who owns the resulting intellectual property, particularly

The desire to personalize our belongings often extends to our vehicles, with some choosing to adorn their cars and motorcycles with custom paint jobs, decals, or even unique, hand-rendered artwork. Imagine a car owner commissions a skilled calligrapher to paint an artistic phrase directly onto the hood of their beloved

The global appeal of Japanese pop culture has fueled a massive market for collectible merchandise, from intricately detailed toy figurines to character goods. As these items are created, photographed, and cataloged by manufacturers, collectors, and fan communities, a complex web of intellectual property questions arises. Are the figurines themselves works

For innovators, the period between filing a patent application and the actual grant of the patent can be a time of significant vulnerability. While the "patent pending" status offers some notice to the public, what happens if third parties begin commercially exploiting your invention before your exclusive rights

Imagine your company has invested significantly in developing and marketing a product based on a non-exclusive patent license obtained from a patent holder. Business is progressing, and then you learn that the patent has been sold to a new owner. A critical question immediately arises: Is your license still valid

Patent license agreements are complex instruments that define the rights and obligations of both the patentee (licensor) and the licensee. When a licensee steps outside the agreed-upon terms, a host of legal questions can arise. Beyond simple breach of contract, certain actions by a licensee, particularly concerning the sale of

When a patented product is lawfully sold, the buyer generally gains the right to use and dispose of that specific item. This principle, known as patent exhaustion, is fundamental. But what happens when parts of that product wear out or break? Can the owner repair it, even by replacing components?

In the competitive world of technology, patentees often face challenges not only from direct competitors who manufacture identical products but also from those who supply components or parts that, while not infringing on their own, enable or encourage end-users to assemble or use the patented invention. This is where the

Imagine this scenario: your company has diligently and independently developed a new technology, perhaps even incorporated it into products and started commercial activities. Later, you discover that another entity has filed a patent application for, and subsequently obtained a patent on, the very same or a substantially similar invention. Under

For pharmaceutical innovators, the expiration of a basic compound patent marks a critical juncture. The subsequent entry of generic competition can drastically erode market share and revenue. Consequently, companies invest heavily in lifecycle management strategies aimed at prolonging market exclusivity for their valuable drug products. In Japan, like in other

The landscape of intellectual property (IP) ownership in Japan presents unique challenges and considerations, particularly at the intersection of academia and industry. When university professors, deeply engaged in research, develop potentially groundbreaking inventions, questions often arise regarding who rightfully owns the IP, especially when companies become involved, whether through collaboration,

Obtaining a patent in Japan is a significant achievement, but the true value of that patent often lies in the ability to enforce it against infringers. When a third party, without authorization, works your patented invention "as a business," Japanese patent law provides robust civil remedies to stop

Facing an allegation of patent infringement in Japan can be a daunting prospect for any business. The remedies for infringement, including injunctions and substantial damages, can have severe operational and financial consequences. However, an accusation is not a conviction. Japanese patent law provides a range of robust defenses that an

While direct patent infringement—the unauthorized making, using, selling, or importing of a patented invention—is relatively straightforward to understand, Japanese patent law, like that of many other countries, also recognizes a concept known as indirect infringement (間接侵害 - kansetsu shingai). This doctrine extends liability to certain acts that, while

When assessing patent infringement, the first step is typically to determine if an accused product or process falls within the literal wording of the patent claims. If all elements of a claim are found in the accused embodiment, literal infringement is established. But what happens if a competitor makes a

Discovering that a competitor's product or process appears to be using your patented technology can be a significant concern for any patent holder. In Japan, the most direct way to establish patent infringement is through literal infringement (文言侵害 - mongon shingai). This involves demonstrating that the accused product

Obtaining a patent in Japan grants the owner valuable exclusive rights to their invention. However, to fully capitalize on this asset, or to enable broader use of the technology, patentees often turn to licensing. A patent license is essentially a permission granted by the patent holder to another party to