IP High Court, 2024 (Ra) 10002 — Jurisdiction over a Taiwanese Provider (Miyasaka)
Updated: 2 days ago
Article information
Article type: Case note
Categories: Copyright
Topics: International jurisdiction, Disclosure of sender information
First published on this website: 2026-10-16
Display and classification checked: 2026-10-17
Case information: 2024 (Ra) 10002
IP High Court, 2024 (Ra) 10002 (Miyasaka)
Immediate appeal against a decision dismissing an application for an order to disclose sender information.
A Taiwanese provider supplied services within Japan.
⇒ Japanese courts have jurisdiction!!
(The first-instance court had held that jurisdiction could not be found. Reversed!!)
(Excerpts from the decision)
1. Article 9(1)(iii) of the Provider Liability Limitation Act provides that, in addition to the cases listed in items (i) and (ii), Japanese courts have jurisdiction over an application for an order to disclose sender information where the respondent is a person conducting business in Japan and the application concerns that respondent’s business in Japan. Considering the current internationalization of information distribution, appropriate measures are required to avoid obstacles to judicial relief against cross-border copyright infringement on the Internet. In view of the geographically and internationally open nature of Internet access services, it is inappropriate to determine formally and rigidly whether the business of a provider of such services is conducted “in Japan.” Flexible interpretation and application reflecting actual usage and other circumstances are necessary. With these points in mind, the following specific examination is made.
2. Whether the respondent is a “person conducting business in Japan”
According to the case record, although the respondent is a corporation located in Taiwan and engaged in telecommunications, it provides international roaming services within Japan mainly for travelers from Taiwan, and sells SIM cards at Japanese airports and elsewhere for travelers from Japan to Taiwan. Accordingly, the respondent can be regarded as a “person conducting business in Japan.”
3. Whether the “application concerns the respondent’s business in Japan”
According to the case record, … Japanese-language content is present, and it is highly likely that the posts at issue were made using SIM cards supplied for Japanese users or other services the respondent offers to Japanese users. …
Originally published: 2025-03-23
Original Japanese post: https://ameblo.jp/hideki-takaishi/entry-12891046084.html
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2026-10-16: The AMEBLO source was first published on this website.
2026-10-17: Added classification, topic tags, article information, translation navigation, related articles, consultation guidance, and SEO. The original article text was not changed.
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