[Title of the case] Injunction against the unfair use and disclosure of information about trade secrets
[Key issue](i) The governing law for seeking an injunction.

(ii) The criterion for “gross negligence” of the Unfair Competition Prevention Act.

Court stated that if information owned by a Japanese corporation was used or disclosed in Japan, the governing law was the law of Japan.

Court stated that the acquisition of the document in the ordinary course of business corresponds to a fact that denies the existence of the duty of care.

“The Tokyo District Court rejected plaintiffs’ demands over a huge leak of personal information from education company Benesse Corp., ruling that names, birth dates and addresses are just not “private enough” to warrant compensation.”

[Title of the invention] Press-in construction method using augers and steel sheet piles
[Key issue] “Distributed publications” of Article 29 (1) of Patent Law

Court stated that “Distributed publications” meant documents, drawings, and other similar information communication media, which were reproduced for the purpose of disclosing an invention through distribution to the public and were distributed to a large number of unspecified or specified people.

In Japan, the United States and Europe, the number of trademark applications from China has rapidly increased to nearly seven-hold in three years since 2017.

[Title of the invention] Novel crystalline form of pitavastatin calcium
[Key issue] Requirements for filing a divisional application.
Court found that the invention of the patent application did not fall within the scope of the matters described in the original specification, etc., of the original patent application and thus the patent application was not deemed as the one filed at the time of filing the original patent application.

JPO announced “GUIDE TO LICENSING NEGOTIATIONS INVOLVING STANDARD ESSENTIAL PATENTS”. 

The GUIDE aims to enhance the expectancy of the negotiation involving standard essential patents and reduce the conflict between patent holder and potential licensee.

Following is the English version of the GUIDE.

http://www.meti.go.jp/press/2018/06/20180605003/20180605003-2.pdf

Following the enactment of the Act on Partial Amendments to the Unfair Competition Prevention Act, etc., grace periods for inventions, utility models and designs will be extended from six months to one year.
The new grace periods will apply to applications filed after June 9, 2018.
Please note that the new grace periods will not apply to inventions, utility models and designs that were disclosed to the public before December 9, 2017.