I.P.JAPAN
INTELLECTUAL PROPERTY LAW & PRACTICE IN JAPAN
Fall/Winter 2002-2003
SHUSAKU YAMAMOTO is delighted to present its twelfth issue of I.P. JAPAN. There is an important message on Japanese IP cost management from our Founder-Owner to all our clients & associates. This issue will spotlight how we can assist U.S. trademark owners using the Madrid Protocol in future Japanese trademark practice. We discuss two important September 2002 changes to Japanese patent law regarding the PCT Japanese National Phase entry and prior art disclosure requirements. We also study the trend where more Japanese companies are using patent litigation in Japanese courts as a business weapon in the Japanese marketplace. Finally, we report an important trademark decision where an unauthorized piratical registration was invalidated on public order & morality grounds with analysis of recent trademark opposition/invalidation appeal trends. We hope that our twelfth issue of I.P. JAPAN will be of great interest to clients and associates.
Issue Highlights
Important Trademark Updates
- Madrid Protocol Developments
- Opposition/Invalidation Trends
New Japanese PCT Entry Rule
- 30th Month Entry Still Necessary
- Extra 2 months to Submit Japanese translation of PCT specification
Prior Art Disclosure Requirements
- Japanese Requirement - Much Less Stringent Than US Duty of Disclosure
Japanese Patent Litigation Trends
- Patent Infringement Lawsuits Increasing Annually since 1994
- Patent Infringement Damage Awards Increasing
In This Issue
- Founder-Owner's Message on Japanese IP Costs
- 2
- US Joins Madrid Protocol - Japanese Practice Tips
- 2
- New PCT Japanese National Phase Entry Rule
- 2
- Still No Revival or Reinstatement System
- 3
- Prior Art Disclosure Requirement
- 3
- Differences from US Duty of Disclosure
- 4
- Patent Litigation as a Business Weapon
- 4
- Japanese 1991-2000 IP Litigation Statistics
- 6
- Record Breaking Patent Damage Award
- 7
- Future Japanese IP Developments
- 8
- DARJEELING mark Protected
- 9
- Trademark Opposition & Invalidation Trends
- 12
- Firm's Patent Litigation Expertise
- 13
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 at:
If you have any comments or suggestions about I.P. Japan, please contact the Editor, John A. Tessensohn, Esq., at jtessensohn@shupat.gr.jp
I.P. JAPAN® - registered Japanese trademark for agencies for industrial property procedures & printed matter including newsletters.
