Intellectual Property Law - Japan Compliance (Page 2)

Japan Compliance

Intellectual Property Law

A collection of 48 posts

One-slide summary of Japan’s single-color trademark rules and Louboutin red-sole case outcome

Intellectual Property Law

Single-Color Trademarks in Japan: Insights from the Louboutin Red-Sole Decision

TL;DR * Japan sets a very high bar for single-color trademarks. * Louboutin’s red-sole claims failed under both the Trademark Act (no acquired distinctiveness) and the Unfair Competition Prevention Act (no confusion / not “famous”). * Courts weighed market context (price, channels, other branding) over hue similarity. * To protect a color in

Slide summarising Japan’s 2023 Dwango v. FC2 ruling: four-factor substantive-territoriality test, risk to offshore-server services, and action items for global tech companies.

Intellectual Property Law

Crossing Borders Digitally: Japan Redefines Patent Territoriality for Network Systems

TL;DR * Japan’s IP High Court (May 26 2023) adopted a multi-factor “substantive territoriality” test, letting patents reach digital systems whose servers sit abroad but whose core functions and effects occur in Japan. * Key factors: manner of the act, domestic role of claim elements, place where effects arise, and

Slide showing Japan’s 2023 IP reforms: digital-imitation ban via telecom lines, capacity-excess royalty damages, infringement-premium uplift and compliance checklist.

Intellectual Property Law

Japan’s 2023 IP Reforms: Higher Damages & Digital-Imitation Clamp-Down Explained

TL;DR * 2023 amendments widen Unfair Competition Prevention Act (UCPA) Article 2(1)(iii) to cover digital “dead copies” offered online and clarify that purely virtual goods are protected. * Copyright Act & UCPA damages rules now allow recovery of lost-profit royalties for infringing sales that exceed the right-holder’s capacity

Slide mapping Japan’s 2023 cross-border trade-secret reforms: expanded jurisdiction, optional Japanese governing law, and confidentiality tools in litigation.

Intellectual Property Law

Cross-Border Trade Secret Protection: New Rules for Jurisdiction and Governing Law in Japan

TL;DR * June 2023 amendments clarified that Japanese courts have jurisdiction over overseas trade-secret misappropriation if the plaintiff’s economic loss occurs in Japan. * The Act on General Rules for Application of Laws (Hōrei) now lets plaintiffs choose Japanese law for claims against Japan-based defendants, even if the theft happened

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

Slide contrasting Japan’s IP & antitrust hot spots: single-colour mark hurdles, narrow applied-art copyright, and ASBP risks in supplier negotiations. 情報源

Intellectual Property Law

Protecting Business Interests in Japan: IP and Antitrust Hot Topics

TL;DR * Single-colour trademarks remain almost impossible to register in Japan—proof of secondary meaning must isolate the colour from all other brand elements. * Copyright rarely covers “applied art”; courts demand aesthetic creativity separable from function, so design rights or patents are safer for product shapes. * The Antimonopoly Act’s

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

Slide summarising Japan’s legal framework for AI entertainer avatars: privacy, portrait and publicity rights tests, recent VTuber case trends, and compliance safeguards.

Intellectual Property Law

Digital Doubles: AI Avatars, Privacy, and Portrait Rights for Entertainers in Japan

TL;DR * AI avatars implicate Japanese privacy, portrait and publicity rights when they identify a real entertainer. * Creating or using photorealistic avatars without consent can breach portrait rights; stylised VTuber avatars may also be protected if strongly tied to a performer. * Entertainers need explicit contracts, while businesses must secure licences

Slide outlining publicity-rights protection in Japan: stage names, group names, key court cases, agency-contract pitfalls and post-mortem uncertainties.

Intellectual Property Law

Protecting Stardom in Japan: Publicity Rights for Stage Names and Group Names

TL;DR * Japan recognises publicity rights over stage names and, in some cases, group names when they embody “customer-attraction power.” * Recent cases (FEST VAINQUEUR 2022, Ainai Rina 2022, Hayashiya Kikuō 2023) clarify that rights stem from individual personality, are hard to assign, and may void over-restrictive agency clauses. * Businesses must

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

Intellectual Property Law

Protecting Product Configuration in Japan: Using the UCPA to Safeguard Trade Dress

TL;DR * Japan’s Unfair Competition Prevention Act (UCPA) lets brand owners protect distinctive product shapes that have acquired secondary meaning. * A 2023 IP High Court ruling on yellow-stitched boots shows how courts test distinctiveness, fame and likelihood of confusion. * Evidence of consumer recognition, sales, advertising and highlighted unique features

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

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

Slide mapping liability for AI-generated copyright infringement in Japan: user as direct infringer, “normative actor” test for platforms, key defence measures.

Intellectual Property Law

AI-Generated Copyright Infringement in Japan: Liability for Users, Developers & Platforms Explained

TL;DR * Direct users of a generative-AI tool are the primary infringers when outputs copy protected works, but intent/negligence determines damages. * Japan’s unique “normative actor” theory can extend liability to AI developers or service providers who control, profit from and fail to curb infringing outputs. * Key defences are

Slide summarising authorship of AI-generated content in Japan: human “creative contribution” test, public-domain outcomes and business considerations.

Intellectual Property Law

Who Owns AI-Generated Works in Japan? Copyright, Authorship & Article 2 Criteria Explained

TL;DR * Under Japan’s Copyright Act, AI itself cannot be an “author”; copyright protection hinges on a human’s “creative contribution.” * Purely autonomous AI outputs fall into the public domain; human-guided outputs may be protected if the user adds sufficient creative input. * Businesses must document prompts, iterative edits and

Slide explaining Japan’s Article 30-4 AI training exception: non-enjoyment purpose rule, market-prejudice proviso, and compliance checklist for developers.

Intellectual Property Law

Japan’s Article 30-4 Copyright Exception: How AI Developers Can Train Models Legally

TL;DR * Article 30-4 of Japan’s Copyright Act broadly permits unlicensed use of works for AI training when the purpose is “non-enjoyment” information analysis. * The exception vanishes if the same act also aims at user enjoyment (e.g., style imitation) or unreasonably harms a rights-holder’s market. * Developers should

Slide showing Japan’s strict product-by-process claim rules: Pravastatin test, 2024 Celecoxib clarity check, drafting tips and compliance roadmap.

Intellectual Property Law

Product-by-Process Claim Clarity in Japan: Drafting Challenges & Best Practices

TL;DR * Japan applies a uniquely strict clarity test to product-by-process (PBP) claims after the 2015 Pravastatin decision and the IP High Court’s 2024 Celecoxib case. * A PBP claim is allowed only if defining the product by structure/properties was impossible or impractical at filing and the recited process

Slide summary: Japanese patent strategy—clear title, cross-border digital enforcement, secrecy-order risk under ESPA

Intellectual Property Law

Protecting Innovation: Patent Enforcement and Management Strategies in Japan

TL;DR: Winning the Japanese market demands more than filing patents. Recent court rulings strengthen good-faith purchaser protection and expand infringement reach to foreign digital services, while a new patent-secrecy regime may block publication and foreign filing. Clear title, cross-border enforcement tactics and secrecy-order risk management now form a three-pillar

Slide summary: Japan’s export-control tightening and new patent-secrecy regime—chip tools, catch-all, ESPA Chapter 5

Intellectual Property Law

Japan Export-Control & Patent-Secrecy Reforms: 2025 Guide

TL;DR: Japan is tightening export controls—adding chip-tool and emerging-tech items beyond multilateral lists—and has launched a patent secrecy regime under the Economic Security Promotion Act. Tech companies must update compliance programs, monitor “catch-all” triggers and weigh filing strategies to avoid secrecy orders. Table of Contents 1. Introduction:

Slide summary: Osaka 2024 script-alteration case—Japan’s moral right of integrity, consent rules, business precautions

Intellectual Property Law

Film-Script Edits & Moral Rights in Japan: 2024 Osaka Case

TL;DR: A 2024 Osaka court held that extensive script changes without explicit consent infringed a co-author’s moral right of integrity. The ruling shows how narrowly Japanese courts interpret waivers and how crucial clear contracts and ongoing consultation are for international film projects. Table of Contents 1. Introduction 2.

One-slide summary: Japan’s DABUS decision—human inventorship rule, global filing strategy, future law reform

Intellectual Property Law

AI Inventorship in Japan: The DABUS Appeal and Global IP Strategy Lessons

TL;DR: Japan’s IP High Court (Jan 30 2025) confirmed that AI systems like DABUS cannot be named inventors under the Patent Act. Human creative contribution remains essential, but expect legislative debate as global pressure mounts. Table of Contents 1. The DABUS Case in Japan: Background and Lower Court

One-slide summary: Japan’s legal responses to manga/anime spoiler leaks—takedowns, injunctions, ISP blocking, and criminal penalties

Intellectual Property Law

Spoiler Leaks in Japan’s Manga & Anime: Legal Tools to Tackle Unauthorized Content Disclosure

TL;DR: Leaks of unreleased manga chapters and anime episodes can trigger civil and criminal liability in Japan. Rights-holders use rapid takedown notices, URL delisting, and injunctions under the Copyright Act and Unfair Competition Prevention Act, while ISPs face new “mirror site” blocking orders. Table of Contents 1. The Spectrum

One-slide overview: UGC compliance, niji sosaku guidelines, and moral rights in Japan’s evolving IP landscape

Intellectual Property Law

Navigating Japan's Evolving IP Landscape: Key Considerations for UGC, Derivative Works, and Creator Rights

TL;DR: Japan’s IP landscape is shaped by a massive UGC culture, a tolerant yet legally complex environment for derivative works (niji sosaku), and strong, inalienable moral rights. International businesses must balance promotional use with rights clearance, respect creators’ integrity during adaptations, and monitor new rules on AI training