2019/07/29

Confirmation of the non-existence of right to demand compensation for damages based on patent right

[Key issue] International jurisdiction and benefit of action (Article 3-2, paragraph (3), Article 3-3, item (viii), Article 3-6, Article 3-9, Article 38, first half of the Code of Civil Procedure)

A case in which, with regard to a claim for confirmation of the non-existence of right to demand compensation for damage based on a patent right between the parties concerned including foreign corporations among both the appellants/appellees, the jurisdiction of the Japanese courts is acknowledged and then, the action was dismissed since the change of the action of adding the product to be the target of the action is not allowed, and the action lacks benefit of action and is illegal.

Source IPHC
2019/07/29

Injunction against breeder’s right

[Key issue] Interpretation of “the holder of the right has not had reasonable opportunity to exercise his/her right” (Article 2, paragraph (5), item (ii) of the Plant Variety Protection and Seed Act)

A case in which, in regards to a demand for compensation, etc. based on a breeder’s right of shiitake mushrooms, the court held that the exercising of the right against production or transferring or the like of harvested material shall be restricted only to the cases where the holder of the right has not had reasonable opportunity to exercise his/her right at the stage of propagating material, thereby partially restricting the exercising of the right.

Source IPHC
2019/07/08

In order to improve utilization of “data”, Ministry of Economy, Trade and Industry revised the Unfair Competition Prevention Act in May 2018.  This revision provides remedies for misappropriation of “Protected Data” (effective date: July 1, 2019) and expands scope of protection related to Technological Restriction Measures, such as encryption (effective date: November 29, 2018).

Source METI METI
2019/07/03

Daikin Industries, Ltd. pledged non-assertion of HFC-32 patents, which have been filed after 2011.
Daikin looks to further facilitate the adoption of equipment using HFC-32 refrigerant.

Source Daikin
2019/07/03

The Fair Trade Commission has ordered baby goods maker Aprica Children’s Products G.K. to stop urging retailers to not sell its products below its proposed prices.

Source The Japan Times
2019/07/02

[Title of the patent] “Carbon dioxide-containing viscous composition”

[Key issue] Criteria for deciding the amount of damage compensation (Article 102, paragraphs (2) and (3) of the Patent Act)

This is the original judgement of a recent IPHC Ground Panel case of which judgment was delivered on June 7, 2019.

Source IPHC
2019/07/02

The JPO published a report of the current status of AI related applications in Japan and overseas.
According to the report, the number of applications related to AI technique has rapidly increased since 2014.
The number of applications in the US and China is outstanding.

Source JPO

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