Topic guide: Damages and enforcement

Sep 29

8 min read

Updated: 5 hours ago

Article type: Topic guide

Display and classification checked: 2026-09-30

First published on this website: 2026-09-30

Explore articles on damages, injunctions and proof of infringement. The relevant considerations differ across legal fields and cases; consult the individual articles and their sources.

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Articles

[Article / Unfair competition] Relationship between “confusion” and “business interests” under Unfair Competition Prevention Act Article 2(1)(i) (Hisayoshi Yokoyama, Patent, October 2023)

[Article / Unfair competition law] Remedies for Indications Misleading as to Quality, etc. (Masaru Adachi, Patent Supplement, October 2023)

[Patents / Damages] IP High Court Grand Panel, Reiwa 5 (Ne) 10040, “Breast augmentation composition”

[Article / Designs] The boundary of similarity assessment between partial and whole designs (Design Committee, Patent, April 2025)

Tokyo District Court, Case No. 2023 (Wa) 70402

[Trademark] IP High Court, Case No. 2025 (Gyo-ke) 10066

[Trademark] IP High Court, Case No. 2025 (Gyo-ke) 10072

[Unfair Competition Prevention Act / Notification of false facts]

Tokyo District Court, Case No. 2024 (Wa) 70509

[Copyright] Tokyo District Court, Case No. 2023 (Wa) 70626

[Copyright] IP High Court, Case No. 2025 (Ne) 10063

[Trademark] Appeal No. 2024-10532

[Trademark] IP High Court, Case No. 2025 (Gyo-ke) 10066

[Unfair competition / Non-compete] Osaka District Court, Reiwa 5 (Wa) 9115 <Presiding Judge Matsuami>

Tokyo District Court, Reiwa 6 (Wa) 4142 [Portable information communication device] <Presiding Judge Kokubu>

[Trademarks] IP High Court, Reiwa 7 (Ne) 10072 <Presiding Judge Hasegawa>

[Article / German Patents] Considering “use” as an act of working, in comparison with German patent law (Hiroshi Takahashi, Patent, May 2025)

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

[Article / UK Patents] UK litigation over FRAND-rate determination: InterDigital v Lenovo (Kazuto Kobayashi, Patent, September 2025)

[Article / Customs] Customs expert advisers (Katsuomi Isogai, Patent, November 2025)

[Article / IP Generally] Patent attorneys as judicial research officials (Kazumune Takamura and Yuji Iwanaga, Patent, November 2025)

[Article / IP Generally] Notes on the prohibition of abuse of rights in intellectual property infringement (Teruo Morimoto, Patent, December 2025)

Browse the blog by jurisdiction, field and topic

Articles added on October 2, 2026

Tokyo District Court, Reiwa 5 (Wa) 70619 [Apparatus for measuring the difference between port and starboard vessel drafts] <Presiding Judge Nakashima>

Tokyo District Court, Reiwa 5 (Wa) 70272 [Jig for lifeline support posts] <Presiding Judge Kokubu>

IP High Court, Reiwa 6 (Ne) 10033 [Eaves] <Presiding Judge Nakadaira>

Tokyo District Court, Reiwa 5 (Wa) 70393 [Foldable and stowable temporary protective fence] <Presiding Judge Nakashima>

IP High Court, Reiwa 6 (Ne) 10010 [Women's clothing] <Presiding Judge Nakadaira>

IP High Court, Reiwa 6 (Ne) 10101 [Lighting apparatus] <Judge Shoji>

Articles added on October 4, 2026

IP High Court, Reiwa 6 (Ne) 10056 [Van for cleaning operations] <Presiding Judge Nakadaira>

Osaka District Court, Reiwa 5 (Wa) 10970 [Video viewing apparatus] <Presiding Judge Takemiya>

IP High Court, Reiwa 3 (Ne) 10037 [Antipruritic agent] <Presiding Judge Hibiki Shimizu>

IP High Court, Reiwa 6 (Ne) 10072 [Draft difference measuring apparatus] <Presiding Judge Nakadaira>

Articles added on October 7, 2026

Osaka District Court, Reiwa 4 (Wa) 11025 [Porous air-permeable bag containing food for mites]

[IP Practice Online] Current state, challenges, and responses in Customs' border enforcement against IP-infringing goods (Attorney Kei Iida)

[IP Practice Online] Intellectual property rights and Customs procedures (Attorney Reiko Tonomura)

[IP Practice Online] A surge during COVID-19! Online sales of counterfeits in Asia: Current situation and countermeasures (Patent attorney Tsuyoshi Masutani)

Explore by type of material

The articles already linked in this guide are grouped below by type of material. Each link opens the website introduction; follow its source link for the original material.

Materials added on October 7, 2026, by type

Case notes

Osaka District Court, Reiwa 4 (Wa) 11025 [Porous air-permeable bag containing food for mites]

Lectures and videos

[IP Practice Online] Current state, challenges, and responses in Customs' border enforcement against IP-infringing goods (Attorney Kei Iida)

[IP Practice Online] Intellectual property rights and Customs procedures (Attorney Reiko Tonomura)

[IP Practice Online] A surge during COVID-19! Online sales of counterfeits in Asia: Current situation and countermeasures (Patent attorney Tsuyoshi Masutani)

Books, lectures and other materials

Books, papers and lecture materials — activity archive (Japanese)

Videos and presentation materials — YouTube archive (Japanese)

[Copyright] Osaka High Court, Heisei 19 (Ne) No. 713 — Peter Rabbit

Supreme Court, Heisei 4 (O) No. 1491 — Earth belt

[Unfair Competition / Indication of goods or business] Tokyo District Court, Reiwa 5 (Wa) No. 70036 — Catheter connector (Judge Kokubu)

[Copyright] Osaka District Court, Reiwa 1 (Wa) No. 10940

[Unfair competition / Misleading representations of quality] IP High Court, Reiwa 5 (Ne) No. 10061 — “High-penetration nanoe” (Judge Nakadaira)

Materials added on October 17, 2026

Tokyo District Court, 2024 (Yo) 30028 — Age-Related Macular Degeneration (Kokubu, Civil Division 29)

Tokyo District Court, 2024 (Yo) 30029 — Age-Related Macular Degeneration (Nakashima, Civil Division 40)

Two Judgments Specifying the End Date of an Injunction: Both Until Patent Expiration

Materials added on November 2, 2026

[Article / International Jurisdiction] The Motor Case: Japanese Jurisdiction over a Foreign Corporation (Zhang Peng, 2011)

[Article/Europe] Have Standard-Essential Patents Become Useless in Europe Too after the Long-Awaited Decision? (Christoph, 2016

[Article/Trade Secrets] Can a Company Enjoin an Employee’s Use or Disclosure of Trade Secrets the Employee Developed or Acquired Personally?

[Civil Code/Tort] 2018 (Ne) 10089 <Takabe>

[Contract/Extinctive Prescription] Supreme Court, April 24, 1998, 1995 (O) 2472

[Design] Tokyo District Court, 2021 (Wa) 30281 and Other Cases, “Protective Member and Push Handle” <Kokubu>

[Patent/Civil Code] Tokyo District Court, 2022 (Wa) 19222 <Kokubu> — Analogous Application of Civil Code Article 94(2)

[Trademark/Management of Affairs without Mandate] 2018 (Ne) 10074 <Takabe>

[U.S./Trademark] U.S. Supreme Court, June 2023, Abitron v. Hetronic

[Unfair Competition Prevention Act/Trade Secrets] Osaka District Court, 2015 (Wa) 4169, “Alumina Fiber”

For Patent Attorney Oral-Examination Candidates — Questions on Legislative Purpose (Patents)

Tokyo District Court, 1997 (Wa) 5741 [Toy Gun with Automatic Bullet-Feeding Mechanism] <Mimura>

Materials added on November 2, 2026, by type

Publication review: [Article / International Jurisdiction] The Motor Case: Japanese Jurisdiction over a Foreign Corporation (Zhang Peng, 2011)

Publication review: [Article/Europe] Have Standard-Essential Patents Become Useless in Europe Too after the Long-Awaited Decision? (Christoph, 2016

Publication review: [Article/Trade Secrets] Can a Company Enjoin an Employee’s Use or Disclosure of Trade Secrets the Employee Developed or Acquired Personally?

Case note: [Civil Code/Tort] 2018 (Ne) 10089 <Takabe>

Case note: [Contract/Extinctive Prescription] Supreme Court, April 24, 1998, 1995 (O) 2472

Case note: [Design] Tokyo District Court, 2021 (Wa) 30281 and Other Cases, “Protective Member and Push Handle” <Kokubu>

Case note: [Patent/Civil Code] Tokyo District Court, 2022 (Wa) 19222 <Kokubu> — Analogous Application of Civil Code Article 94(2)

Case note: [Trademark/Management of Affairs without Mandate] 2018 (Ne) 10074 <Takabe>

Case note: [U.S./Trademark] U.S. Supreme Court, June 2023, Abitron v. Hetronic

Case note: [Unfair Competition Prevention Act/Trade Secrets] Osaka District Court, 2015 (Wa) 4169, “Alumina Fiber”

Reports and activities: For Patent Attorney Oral-Examination Candidates — Questions on Legislative Purpose (Patents)

Case note: Tokyo District Court, 1997 (Wa) 5741 [Toy Gun with Automatic Bullet-Feeding Mechanism] <Mimura>

November 2, 2026: Added 12 newly published item(s) to the topic list and the material-type list. Existing text, lists, and prior history were preserved.

Tokyo District Court, Heisei 15 (Wa) 19926 [Coagulant Composition for Tofu] <Damages> Article 102(1)

Osaka District Court, Heisei 19 (Wa) 13513 [X-Ray Foreign-Matter Inspection Apparatus] <Damages> Article 102(2)

Tokyo District Court, Heisei 20 (Wa) 2944 [Normally Closed Flow-Control Valve]<Damages> Article 102(2)

Heisei 22 (Ne) 10091 [Treatment Agent for Immobilizing ... Heavy Metals in Fly Ash]

Heisei 23 (Ne) 10002 [Rice Cake] <Iimura> <Damages> Article 102(2)

Osaka District Court, Heisei 21 (Wa) 10811 [Method and Apparatus for Manufacturing a Rotary Toothbrush]

Osaka District Court, Heisei 23 (Wa) 6878 [Method for Stabilizing the Coloration of a Colored Plaster Composition]

Osaka District Court, Heisei 23 (Wa) 15499 [Lid and Container Equipped with the Lid]

Updates and corrections

This log starts on 30 September 2026. Display and classification checks are distinct from a review of the legal analysis.

2026-09-30 — Presentation update: added the article type, this change log and a link to consultation options. The existing article text was preserved.

30 September 2026 | Navigation: added links grouped by material type and links to the books, papers, lecture materials and video archives. Existing article text was retained.

2026-10-01 | Guide navigation: added new articles to the article list and media-type list; existing content retained.

2026-10-07 | Navigation update: Added newly published articles to the article list and type-based list; existing content and navigation were preserved.

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.

Legal advice and speaking enquiries

October 2, 2026: Added newly published articles to this topic guide.

2026-10-04: Added new articles to the article list and the resource-type guide.

Find the right consultation option

2026-10-05: Related-article or topic-guide navigation updated.

Case note：[United States] Incyte v. Sun Pharm (Federal Circuit, May 2025)

Lectures and videos：[IP Practice Online] Current state, challenges, and responses in Customs' border enforcement against IP-infringing goods (Attorney Kei Iida)

Lectures and videos：[IP Practice Online] Intellectual property rights and Customs procedures (Attorney Reiko Tonomura)

2026-10-08: Added 3 new article(s) to the topic and media-type lists.

2026-10-10: Added newly published articles to the resource list. The original guide text was not changed.

2026-10-10: Aligned reciprocal related-article links and published URLs. The original article text was not changed.

2026-10-13: aligned related-article, topic-guide, and other managed links with the articles’ published URLs. The original article text was not changed.

October 17, 2026: Added 3 newly published item(s) to the managed topic list. The original text, existing list, and prior history were preserved.

October 28, 2026 — HT: Corrected verified names, case references, court labels, wording or judgment links where applicable. Existing commentary and materials have been retained.

2026-11-14: Newly published articles added to the topic guide.

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Tokyo District Court, 2013 (Wa) 33070 [Agricultural-Produce Sorting Apparatus] <Hasegawa>

[Article] Supplementing Unfair-Competition Protection Through Civil Code Tort Law (Patent Supplement, 2023; Professor Tatsuhiro Ueno)

[Unfair Competition Prevention Act / Trade Secrets] Tokyo District Court, 2014 (Wa) 1397, the Shoe Last case

[U.S. Patents] November 6, 2023, CAFC <ACTELION v. MYLAN> — Interpretation of Numerical Limitations and Rounding

[Design / Estoppel] Intellectual Property High Court, 2021 (Gyo-Ke) 10067 <Honda>

[Article] The Relationship Between ‘Confusion’ and ‘Business Interests’ Under Article 2(1)(i) of the Unfair Competition Prevention Act (Professor Hisayoshi Yokoyama)

[Article] Judicial Decisions on Infringement Warnings and Notification of False Facts Under the Unfair Competition Prevention Act (Patent Supplement, 2023; Professor Toshiya Kaneko)