Intellectual Property, Nishimura & Asahi updates

Japan

Contributed by Nishimura & Asahi
Bill introduced to reform Design Act
  • Japan
  • 29 April 2019

The Ministry of Economy, Trade and Industry recently announced that the Cabinet has approved the Bill for the Reform of the Patent and Design Acts, which will now be submitted to the Diet. This article provides a summary of the reformed Design Act, which has – among other things – expanded the scope of protected designs, improved the related design system and increased the duration of design rights.

Overview of IP rights border measures
  • Japan
  • 24 December 2018

In Japan, Customs can seize goods during export or import where they infringe various IP rights. If Customs suspects that certain goods infringe IP rights, it will initiate an identification procedure and notify both the importer and the IP rights holder. If the goods are found to infringe IP rights and no voluntary disposal measures were taken during the protest period, Customs may confiscate and destroy the infringing goods.

Revisions to Copyright Act and Unfair Competition Prevention Act
  • Japan
  • 05 November 2018

Collecting, analysing, combining and processing large amounts of information is critical to the development of the information industry, as exemplified by the Internet of Things, Big Data analytics and artificial intelligence. However, since information often includes copyrighted works, its use can constitute copyright infringement even where there is no harm to the copyright owner. To resolve these problems, acts amending the Copyright Act and the Unfair Competition Prevention Act were recently enacted.

RED BULL trademarks: determining well-known status and recognising fame
  • Japan
  • 19 March 2018

In a recent case, Red Bull AG claimed that a trademark registered by Korean company Bullsone Co, Ltd should be invalidated due to the likelihood of confusion as to the source of the designated goods. A notable point in this case was the difference in position taken by the Japan Patent Office Trial and Appeal Board and the IP High Court with regard to the relevant trademarks and the evidence to be considered when determining the well-known status of the cited mark.

Similarity of device marks to be used as stitched ornamental marks
  • Japan
  • 04 December 2017

A Japanese company recently claimed that a Chinese company's trademark should be invalidated due to its similarity with the plaintiff's trademarks and the likelihood of confusion as to the source of the designated goods. Although the Japanese Patent Office Trial and Appeal Board rejected the plaintiff's claims, the IP High Court overturned this decision. The conclusive factor in the case was the way in which the similarity of marks should be assessed when they are intended to be stitched on certain goods.


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