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I.P.JAPAN

INTELLECTUAL PROPERTY LAW & PRACTICE IN JAPAN
Summer/Fall 2000

SHUSAKU YAMAMOTO is glad to present its ninth issue of I.P. JAPAN. This issue will brief the landmark Supreme Court decision that will transform Japanese patent litigation practice. We will also discuss the new Japanese patent & trademark law provisions, effective on January 1, 2000, that will enhance protection of patent & trademark rights in Japan. We also explain the patentability of business methods in Japan. Finally, many of our clients and associates know that SHUSAKU YAMAMOTO celebrated its 20th "platinum" anniversary with a groundbreaking collection of 21 scholarly papers entitled "20/20 for the 21st Century". 20/20 was universally acclaimed by professionals and academia alike. We have published some extracts of the praise that 20/20 had attracted from academia and law school libraries. We are confident that this issue of I.P. JAPAN will be of great interest to our clients and associates.

Issue Highlights

Landmark Supreme Court Decision Will Transform Japanese Patent Litigation Practice
  • Court Can Consider Invalidity Defense During Patent Litigation
  • Court will not enforce Patent that is "Evidently" Invalid
  • Potential Defendant Should Launch Preemptive Strike Against Competitor's Patent
Major New Changes to Japan's Patent & Trademark Laws
  • Expanded Novelty. Bars
  • Pro-Plaintiff/Patentee Improvements
  • Stronger Protection for Trademarks
Business Methods Are Patentable In Japan

In This Issue

Japanese & US Patent Litigation Harmonized On Invalidity Defense
JPO - Forum for Invalidity Issues
Litigation Economy
Offense is the Best Defense
Important Revisions of Japan's Patent Prosecution & Litigation Law Reduction In Burden of Proof For Plaintiff
Easier Proof of Infringement
Patent Term Extension Requirements Relaxed
Shorter Term for Filing Examination Request
Novelty Bars Expanded
New Trademark Law Provisions
Business Methods Patentable in Japan

I.P. Japan is only intended to highlight issues and not to provide legal advice. Should you have any questions on issues reported here or on other aspects of Japanese IP matters, please get in touch with us.

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