[Patents / Damages] IP High Court Grand Panel, Reiwa 5 (Ne) 10040, “Breast augmentation composition”
Updated: 4 hours ago
Article information
Categories: Patents
Topics: Damages
Published on this website: 2026-09-29
[Patents / Damages] IP High Court Grand Panel, Reiwa 5 (Ne) 10040, “Breast augmentation composition”
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”
Excerpt from the holding (translation)
(3) Amount equivalent to consumption tax
“As stated in (1)(d) above, when calculating damages under Article 102(3) of the Act, comprehensively considering all the circumstances appearing in this case—including that an amount equivalent to consumption tax may be taken into account when setting a royalty—it is appropriate to set the amount at 8% of the sales revenue received by the appellee as consideration for the surgery at issue (the breast augmentation price). Accordingly, no need is recognized to take an amount equivalent to consumption tax into account additionally.”
Originally posted on LinkedIn: https://www.linkedin.com/feed/update/urn:li:activity:7510494207954927616/
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