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I.P.JAPAN

INTELLECTUAL PROPERTY LAW & PRACTICE IN JAPAN
Spring/Summer 2005

SHUSAKU YAMAMOTO is delighted to present its fifteenth issue of I.P. JAPAN® . We begin with an introspective Message from Founder-Owner, Shusaku Yamamoto, Esq., and then examine recent Japanese inventor compensation litigation developments & statutory changes that will come into effect on April 1, 2005. This issue also reports about the publication of the “Trilateral Identification Manual Project” which itemizes about 7000 goods/services in all 45 classes which will be acceptable by the JPO, USPTO and OHIM for trademark examination. Additionally, we will outline the main changes to Japan's Utility Model system that will come into effect on April 1, 2005. In conclusion, we outline the efforts taken to study the possible scope of amendments to Japan's Trademark Law that may allow the registration of regional brands that will cover distinctive & famous agricultural products, folks crafts & objects. We hope that the topics covered in the current issue of I.P. JAPAN® will be of interest to all our valued clients and associates.

Issue Highlights

Inventor Compensation Updates
  • April 1, 2005 New Statutory Provisions
  • Deference to Work Regulations & Employment Contract
  • Judicial Rule of Thumb - 5% of Profit
Utility Model Law Revision
  • April 1, 2005 New Statute Law
  • Term Lengthened to 10 years
  • UM Conversion to Patent Application Permissible Subject to Conditions
Regional Brands - Protection for Geographical Indications
  • Possible Amendments to Japan's Trademark Law
  • Enhanced Protection for Unique Differentiated Agricultural Products, Folk Arts & Crafts

In This Issue

Founder-Owner's Message
2
Reversal of Fortune - Inventor Compensation
2
Nakamura-Nichia Tokyo High Court Settlement
3
April 1, 2005 New Law on Inventor Compensation
4
5% Rule of Thumb
5
Trilateral Trademark Acceptable Goods Services Identification Manual
6
New Utility Model (UM) Law Provisions
7
Extended Term of Protection for UM Rights
7
Application for Patent based on UM Right
7
Practice Tips - More Flexibility
8
Regional Brands - Background
9
Government Review & Meetings
10

I.P. Japan is only intended to highlight general issues and not a substitute for legal advice. Should you have any questions on any specific Japanese IP matter, please email us at shupatnt@shupat.gr.jp

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.

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