Patent Case Law and Intellectual Property Practice Blog

Read the Japanese version / 日本語版を読む [Article / Patents] Identifying the creator under the Design Act (藤本一, Patent, October 2024) Case law indicates that overturning creator status through oral testimony alone is extremely difficult; objective evidence such as drawings and daily work reports is indispensable. Identification typically proceeds in two steps: (1) considering the nature, use and manner of use of the article embodying the disputed design and whether it contains new

Read the Japanese version / 日本語版を読む [Copyright] Osaka District Court, Case No. 2025 (Wa) 3632 (Presiding Judge Matsuami) The plaintiff, a former professor at Tokushima University, alleged that the defendant's program was the plaintiff's copyrighted work or a jointly owned copyrighted work. ⇒ The very existence of the "plaintiff's program" was not established. The plaintiff lost. 1. It must be said that what was created in the first place is entirely unclear, and the existence