I.P.JAPAN
INTELLECTUAL PROPERTY LAW & PRACTICE IN JAPAN
Spring/Summer 2002
SHUSAKU YAMAMOTO is delighted to present its eleventh issue of I.P. JAPAN. We look at the 2002 proposed changes to Japan's IP laws that seek to increase IP protection. We discuss landmark 2001 Japanese biotechnology patent developments relating to completion and enablement issues of biotechnology inventions. We summarize the JPO's examination position on reach-through claims of biotechnology research tool patents. We also analyze a trademark opposition decision based on public order and morality grounds and a Tokyo High Court decision denying the registrability of retail services trademark application of Esprit International under Japanese Trademark Law. Lastly, we will summarize the record-setting March 2002 patent infringement damage verdict from the Tokyo District Court. We hope that our eleventh issue of I.P. JAPAN will be of great interest to clients and associates.
Issue Highlights
2002 Proposed Changes to Japan's IP Law Enhance IP Owners' Rights
- Contributory/Indirect Infringement Requirements Relaxed
- Requirements for Providing Japanese Translations for PCT Cases Relaxed
- Trademark Use on Internet Protected
Landmark 2001 Biotech Patent Law Developments
- Discussion about Completion & Enablement of Biotech Inventions
- Patentability of Reach-Through Claims
Notable '01-02 Caselaw Developments
- Public Order & Morality Decision & Retail Services Unregistrable
- Record-Setting Patent Damage Verdict
In This Issue
- Indirect Infringement Requirements
- 2
- Duty of Disclosure
- 2
- PCT 30th Month National Phase
- 3
- BNPs Tokyo High Court Decision
- 4
- Implications for Biotechnology Patents
- 5
- Reach-Through Claims Examination by JPO
- 7
- JPO Examination Guidelines
- 8
- Support Based on Homology Search Method - Does Not Satisfy Enablement
- 9
- Public Order & Morality Prohibition
- 10
- Retail Services Not Registrable
- 12
- Record High Patent Infringement Damage Award
- 14
- Firm's Recent Professional Achievements
- 15
I.P. Japan is only intended to highlight issues and not to provide legal advice. Should you have any questions on Japanese IP matters, please get in touch with us.
