Intellectual Property Law

A collection of 48 posts
Flowchart showing IP allocation options in a Japan–US joint R&D agreement
Intellectual Property Law

Partnering for Innovation: Key Legal Considerations for Joint R&D Agreements in Japan

TL;DR Joint R&D agreements with Japanese partners require careful attention to intellectual property ownership, especially regarding the consent requirements for licensing jointly-owned patents under Japanese law. Key considerations include clearly defining background and foreground IP, structuring ownership to avoid joint ownership complications, understanding university IP policies, and
9 min read
Slide outlining Japan’s Article 35 employee-invention flow: ownership options, procedural fairness steps, and reasonable-benefit models.
Intellectual Property Law

Employee Inventions in Japan: Ownership, “Reasonable Benefit,” and Best-Practice Procedures

TL;DR * Japan’s Patent Act lets employers claim rights to employee inventions if advance contracts or work rules so provide, but inventors still deserve a “reasonable benefit.” * Since 2016, courts focus on procedural fairness—consultation, disclosure, and feedback—when judging whether benefit levels are reasonable. * Clear, transparent internal rules
10 min read
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