Patent Case Law and Intellectual Property Practice Blog

日本語原文 / Japanese original Article information Article type: Case note Category: Designs, Patents Topics: Divisional applications, Indirect infringement, Partial designs First published on this website: 2026-11-01 Display and classification checked: November 2, 2026 Originally published on Ameblo: 2025-05-18 (Japan time). Full English translation. https://ameblo.jp/hideki-takaishi/entry-12904118561.html [Design] Tokyo District Court, 2021 (Wa) 30281 and Other Cases, “Protectiv

日本語原文 / Japanese original Article information Article type: Case note Category: Designs, Patents Topics: — First published on this website: 2026-11-01 Display and classification checked: November 2, 2026 Originally published on Ameblo: 2024-08-22 (Japan time). Full English translation. https://ameblo.jp/hideki-takaishi/entry-12864549411.html [Design] 2023 (Gyo-Ke) 10072 <Hibiku Shimizu> *Design Act Article 46(2)“A reason not attributable to the person's responsibility” was d

Violation of Article 5(ii) of the Design Act (a design likely to cause confusion with an article pertaining to another person’s business). ① The padlock attached at the upper center of the design has the characteristics of Hermès’ H trademark, Registration No. 5864813, which styl

日本語版 Article information Article type: Reports and activities Category: Designs Topics: Similarity of designs, Examination and appeal practice First published on this site: 2026-10-11 Display/classification checked: 2026-10-11 Trial and Appeal Practitioners Study Group Report 2024 — Theme 5 (Designs) [Similarity of designs: the person whose perspective governs] Identifying the relevant person takes account of the nature, purpose and manner of use of the article embodying the

日本語版 Article information Article type: Case note Category: Designs Topics: Litigation procedure First published on this site: 2026-10-10 Display/classification checked: 2026-10-10 Heisei 16 (Wa) No. 10431 — Design infringement litigation *The court recognized the reliability of the Wayback Machine. (Excerpt from the judgment, translated) The US nonprofit Internet Archive began collecting the worldwide Web in 1996 and made its archive publicly available through the Wayback Mac

日本語版 Article information Article type: Case note Category: Designs Topics: Indirect infringement、Partial designs First published on this site: 2026-10-10 Display/classification checked: 2026-10-10 [Designs] A case recognizing indirect infringement of a partial design Tokyo District Court, Reiwa 3 (Wa) No. 30281 — Hand-pushing member for a transport cart (Judge Kokubu) 1. Comparison of the articles “The articles relating to the registered designs and the article relating to th

日本語版 Article information Type: Case note Category: Designs Topics: Dynamic designs First published on this site: 2026-10-09 Case / source information: IP High Court, Reiwa 6 (Gyo-Ke) No. 10019 Display and classification checked: 2026-10-09 [Designs] IP High Court, Reiwa 6 (Gyo-Ke) No. 10019 — Beverage in a container (Judge Nakadaira) *The design was excluded from protection as a dynamic design because its manner of change lacked a certain regularity and its changing shape was

日本語版 Article information Article type: Lectures and videos Categories: Patents / Trademarks / Designs / Other Japanese law Topics: Border enforcement / Exhaustion and parallel imports First published on this website: 2026-10-07 Display and classification checked: 2026-10-07 [IP Practice Online] Current state, challenges, and responses in Customs' border enforcement against IP-infringing goods (Attorney Kei Iida) Current import-suspension results for IP-infringing goods China

日本語版 Article information Article type: Lectures and videos Categories: Patents / Trademarks / Designs / Copyright / Other Japanese law Topics: Border enforcement / Exhaustion and parallel imports First published on this website: 2026-10-07 Display and classification checked: 2026-10-07 [IP Practice Online] Intellectual property rights and Customs procedures (Attorney Reiko Tonomura) Customs determination procedures Customs receives written opinions from both the right holder

1. Identification of the essential portion The container shape (a rounded rectangle) and lid configuration already existed and were not treated as distinctive innovations (essential portions). Because the product attaches to a wall, consumers focus on the rear magnetic part to see whether it attaches securely.