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[Article / Unfair Competition Law] Practice and theory of preservation of evidence in IP cases (Takashi Takamura, Patent, June 2025)

8 hours ago
2 min read

Updated: 3 hours ago

Article information

Article type: Publication review

Categories: Other Japanese law

Main topics: Litigation procedure / Proof of infringement

First published on this website: October 1, 2026

Display and classification checked: October 1, 2026 (not a revalidation of the legal analysis)

[Article / Unfair Competition Law] Practice and theory of preservation of evidence in IP cases (Takashi Takamura, Patent, June 2025)

1. Choice of jurisdiction

District courts with specialized IP divisions tend to have low grant rates of around 40% (Tokyo District Court IP division statistics). The article's author, however, has achieved a 100% grant rate by applying to summary courts and recommends using them.

2. Theory and legal nature of preservation of evidence

Its essence is bringing forward the examination of evidence. A prima facie showing of the risk of concealment, disposal or alteration of evidence (grounds for preservation) is necessary, but in IP practice even abstract prima facie showings tend to be accepted.

3. Defensive measures for the opposing party

Preservation of evidence carries no physical coercive power, so refusing to present evidence is an option.

This creates a risk in the main proceedings that allegations will be deemed true (Code of Civil Procedure Article 224), but later presentation during examination of evidence may avoid it; tactical consideration is required.

Original article: https://lnkd.in/gN2i4zuE

Updates and corrections

Substantive corrections and additions are recorded separately from classification, related links and display changes.

October 1, 2026: First publication of the author's original LinkedIn text on this website. Article type, categories, topic tags, sources and consultation navigation added.

2026-10-01 | Display maintenance: added case references stated in the original or language-alternate metadata; not a revalidation of legal analysis.

2026-10-01 | Name notation: replaced verified Japanese-script personal names with Roman-letter forms in this English article and its navigation. Legal analysis and original publication date unchanged.

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