Intellectual Property Law

A collection of 33 posts
Slide outlining Japan’s IP evidence tools: shouko hozen, document production orders with in-camera review, kenshou inspections, and sashou expert procedure.
Intellectual Property Law

Unlocking Evidence in Japanese IP Litigation: Procedures and Strategies

TL;DR * Japan lacks US-style broad discovery, but IP litigants have targeted tools: pre-suit evidence preservation, document production orders with in-camera review, court inspections, and the new expert-led sashou system. * Success hinges on early assessment, specific requests, and strategic use of these court-controlled mechanisms while safeguarding trade secrets with protective
9 min read
Slide explaining Japan’s Article 30-4 AI exception, statutory licences for education & libraries, and comparison with US fair use
Intellectual Property Law

Japan’s New Copyright Flexibilities for AI, Education & Libraries: From Article 30-4 to SARTRAS

TL;DR Japan has moved from rigid, enumerated copyright exceptions to a hybrid model: broad “non-enjoyment” uses (Article 30-4) legalise AI training and data mining, while new statutory-license schemes compensate right-holders for online teaching, library e-delivery and broadcaster simulcasts. Staying compliant means knowing where free use ends and payment-based permissions
10 min read
Slide summarising Japan’s IP evidence tools: document-production orders, in-camera review, inspection system, protective orders and trade-secret safeguards
Intellectual Property Law

Gathering Proof in Japanese IP Litigation: Tools, Trade-Secret Safeguards & Court Tactics

TL;DR Japanese IP litigation lacks U.S.-style discovery, but rights-holders can compel proof through document-production orders, in-camera reviews, a high-threshold inspection system, and protective orders—yet trade-secret concerns and judicial gatekeeping still make evidence hard to unlock. Table of Contents * Introduction: The Evidence Conundrum in IP Litigation * Core
10 min read
Slide illustrating Japan’s data-licensing toolkit: contract clauses, trade-secret tests, and “Limitedly Provided Data” protection under the UCPA.
Intellectual Property Law

Licensing Data in Japan: Intellectual Property Considerations and Protection Strategies

TL;DR Japanese copyright and patent laws rarely cover raw datasets, so data-licensing relies on contracts plus the Unfair Competition Prevention Act. Trade-secret rules help when data remains confidential, while the 2018 “Limitedly Provided Data” regime protects commercially shared datasets managed by login controls. Combine tight licence terms with technical
10 min read
Slide summarising Japan’s 2023 IP reforms: defensive 3-D trademarks, broader partial designs, digital-replica UCPA protection and fast-track examination scheme.
Intellectual Property Law

Key Updates in Japan's 2023 Intellectual Property Law Reforms: Trademarks, Designs, and Unfair Competition

TL;DR * 2023 amendments streamline partial-design filings, enable defensive applications for three-dimensional trademarks, and extend Unfair Competition Prevention Act (UCPA) reach to “digital replicas.” * The JPO introduced a fast-track examination scheme for non-traditional marks and simplified priority claims for foreign applicants. * Rights-holders now enjoy a presumption of irreparable harm in
9 min read
Slide comparing protection routes for product shapes in Japan: applied-art copyright vs. UCPA well-known trade dress vs. 3-year anti-dead-copy remedy.
Intellectual Property Law

Beyond Design Patents: Protecting Product Shapes in Japan via Copyright and Unfair Competition Law

TL;DR * After a design patent expires—or was never filed—Japan offers two fallback routes: (i) rare “applied-art” copyright and (ii) unfair-competition claims (well-known trade dress or anti-dead-copy). * Copyright demands a high level of artistic creativity separable from function; very few industrial designs qualify. * The toddler-chair IPHC decision shows
7 min read
Slide comparing Japan vs. US patent litigation: venue, discovery, validity challenges, decision-makers and damages at a glance.
Intellectual Property Law

Patent Litigation Across the Pacific: Key Differences Between the US and Japanese Systems

TL;DR * Japan’s centralized, judge-only patent courts offer predictability, while the US allows venue choice and jury trials—raising cost and uncertainty. * Limited evidence-production and lower damages in Japan contrast with broad US discovery and potentially treble awards. * Dual-track validity challenges exist in both systems but operate differently (JPO
7 min read
Slide showing Japan’s publicity-vs-portrait rights, Pink Lady infringement test, 2023 talent-agency case and contract checklist for marketing uses.
Intellectual Property Law

Publicity & Portrait Rights in Japan: Legal Guide for US Marketing and Entertainment Businesses

TL;DR * Japan protects identity value through judge-made Publicity Rights (economic) and Portrait Rights (privacy/dignity). * The Supreme Court’s Pink Lady test finds infringement only when use is exclusively to exploit customer-attraction power. * A 2023 Tokyo case shows roster-style website uses can be lawful if primarily informational. Written consent
9 min read
Slide summarising Japan’s rules on false IP takedowns: UCPA Art. 2(1)(xxi) test, 2024 Osaka High Court case facts, duty-of-care checklist for platform users.
Competition / Antitrust Law

False IP Takedowns on Japanese E-Commerce Platforms: UCPA Liability & Risk-Control Guide

TL;DR * Filing baseless IP-infringement reports on Japanese e-commerce platforms can breach the Unfair Competition Prevention Act (UCPA) Art. 2(1)(xxi). * An Osaka High Court ruling (26 Jan 2024) held a competitor liable for negligent, false copyright claims that triggered listing suspensions. * Rights-holders must verify ownership, investigate infringement and
9 min read