Intellectual Property Law

A collection of 48 posts
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
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
9 min read