Patent Case Law and Intellectual Property Practice Blog

IP-related revisions 1. Express inclusion of intellectual property as growth investment (Principle 4-1) Principle 4-1 expressly includes, among the board’s roles and responsibilities, “growth investment (including investment in facilities, R&D, human capital, and intangible assets such as intellectual property) and review of the business portfolio” (translation).

Failure to meet the support requirement (+ lack of inventive step) “Lactococcus garvieae of a serotype that is neither KG− nor KG+” also includes type III Lactococcus garvieae, observed from 2021 onward. The specification contains no disclosure whatsoever of a vaccine preparation against streptococcosis caused by type III bacteria, and an inactivated type III vaccine is ineffective against streptococcosis caused by type II bacteria.

(1) Reproduction and public-transmission rights (quotation defense) The purpose of attaching images to critical tweets was criticism. Quoting Y’s illustrations to identify the subject of criticism was held to be within the extent justified by the quotation’s purpose and therefore a lawful quotation under Copyright Act Article 32(1).

The court held that consumption tax is not added to damages under Article 102(3). = Tokyo District Court, Reiwa 6 (Wa) 70333 ≠ Reiwa 3 (Ne) 10037, “Remitch”

An explanation of the US Export Administration Regulations applicable when inventions or technical information originating in the United States are transferred to Japan (or to Japanese persons), and practical precautions. 1. Definitions of “export” and “deemed export” “Export” under US export controls includes not only physical movement of goods but also disclosure of information to foreign persons (“deemed export”).

(First instance: Tokyo District Court, Reiwa 6 (Wa) 70003) The first-instance judgment (Tokyo District Court) that Internet forwarding settings and an on-screen video display did not infringe the “2ch” trademark was upheld.

The trial decision rejecting invalidation identified a difference: the invention’s “information provision apparatus” was a single apparatus, whereas the primary cited invention’s “learning and daily-life support system 1” included multiple apparatuses—a “learning and daily-life support server 2” and a “user terminal 3.” It therefore recognized novelty and inventive step.

1. The issue For composite marks combining a place name and a shop name, the issue in JPO registrability examination is which of two approaches to take. Some decisions extract a portion, excluding the weakly distinctive place name and comparing only the remaining characters with other marks; others compare the mark as a whole. This appears inconsistent.

1. Key points of the 2020 amendment to the Plant Variety Protection and Seed Act: Introduction of export restrictions (1) Designated-country system (notification of export restrictions): The breeder’s right holder notifies in advance the countries to which propagating material may be taken. Taking it to other countries constitutes infringement in principle.

The criteria for finding a “design choice,” particularly when inventive step can be denied without direct evidence (a secondary reference), were studied through device/system cases. Cases recognizing design choices without evidence fall into three types: