Intellectual Property High Court Grand Panel Decision on the calculation of damages under Paragraphs 2 and 3 of Article 102 (Carbonate Pack Cosmetics Case: IP High Court Judgment on June 7, 2019)

Given that claims for damages based on patent infringement are claims for damages based on tort, the patentee (including exclusive licensees, but hereinafter referred to as the “Patentee”) normally must prove its own damage (Article 709 of the Civil Code). However, in order to reduce the patentee’s burden of proof under the Patent Act, the […]

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Amendments to the Civil Code (Laws on Monetary Claims)

Provisions concerning obligations, such as contracts, in the current Civil Code have hardly been revised for about 120 years since their enactment in 1896. This is because the laws on monetary claims were supplemented by special laws and judicial precedents, and many of the provisions of the laws on monetary claims were voluntary and could […]

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Things to keep in mind in about joint venture agreements

Based on our experience with negotiations to conclude joint venture agreements to establish new companies (joint ventures, or JVs), we will explain the most important provisions in JV agreements, and provisions that are important but to which surprisingly little attention is paid, as follows. 1.Share (equity) ratio If Japanese law is the governing law for […]

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Who are the parties?

Who are the parties to a contract or litigation? This is the first issue to consider when asked to help with legal matters. We tend to think it’s obvious—that all one has to do is look at the contract to see who the parties are—but in our experience this is often a problem. Be especially […]

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Product liability regulations

In contracts between companies relating to products such as manufactured goods (continuous sales contracts, manufacturing consignment contracts and OEM contracts), there are often provisions regarding the distribution of liability (including the exemption and reduction of liability) between the contracting parties when product liability for the product is called into question by a third party. Such […]

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New opportunities in the legal industry

The explosion of the financial technology or “fintech” industry has been one of the most notable developments of the global financial services industry in recent years. The fintech industry is comprised of companies that make use of new technologies to provide financial services traditionally offered by banks, companies that partner with banks to provide financial […]

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A case of product-by-process claims which were not found to be in violation of the clarity requirement after a Supreme Court decision (The case of pre-washed rice (musenmai) retaining umami and nutritional ingredients: IP High Court Case Precedent H29.12.21)

A product-by-process (PBP) claim (scope of claim) generally refers to a claim in which the manufacturing method for the invention of a product is described. In the Patent Act, the subject of an invention is stipulated as being an invention of a product, an invention of a method, or an invention of a manufacturing method, […]

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Recent changes to company registration practices

1. Removal of residency requirements for representative directors of joint stock companies The Ministry of Justice issued a notice on March 16, 2015 containing the following information. The treatment in the Answer Minshi No. 4974 dated September 26, 1984 from the Fourth Section Chief of the Civil Affairs Bureau and the Answer Minshi No. 1480 […]

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Japanese Proceedings and Taiwan

If a Taiwanese person or Taiwanese corporation located in Taiwan is the defendant (“Taiwanese Defendant”) when attempting to file proceedings in Japan, not only must they consider whether or not the case can be won, but many other issues as well. Whether or not there is jurisdiction in Japan It is necessary to consider whether […]

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Modifications to genuine products

The act of reselling or transferring genuine products (including patented products and copyrighted works) that have been legitimately purchased with modifications, retrofittings, processing or replaced parts (“Modifications”) may be an infringement of the intellectual property rights included in the genuine products. We will provide an outline on this below, focusing on patent law, trademark law, […]

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Virtual-only shareholders meetings (Amendments to the Act on Strengthening Industrial Competitiveness)

The government has decided to amend the Act on Strengthening Industrial Competitiveness (hereinafter referred to as “Amendments to Competitiveness Act”) to allow the holding of virtual-only shareholders meetings, and will submit it to the Diet. Requirements for listed companies to hold virtual-only general meetings According to the revised law, the requirements for a listed company […]

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Amendments to the Companies Act in the first year of Reiwa

The Companies Act was amended in the first year of Reiwa (2019), stipulating the (1) granting of incentives for directors, (2) utilization of outside directors, (3) systems for providing the materials of joint-stock companies electronically, and (4) responses to abusive shareholder proposals. This amendment will come into effect on March 1, 2021, excluding the electronic […]

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