[Article / International Jurisdiction] The Motor Case: Japanese Jurisdiction over a Foreign Corporation (Zhang Peng, 2011)
更新日：2 日前
Article information
Article type: Publication review
Category: Patents
Topics: Injunctions
First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2025-07-17 (Japan time). Full English translation.
[Article / International Jurisdiction] A Case Recognizing Japanese International Jurisdiction Based on a Foreign Corporation's Website Displaying Products Allegedly Infringing a Patent and Circumstances Including the Corporation's Business Activities in Japan—The Motor Case (Zhang Peng, Intellectual Property Law and Policy Journal, Vol. 36 (2011))
*2010 (Ne) 10001
The decision showed that the Supreme Court's Tsuburaya Productions judgment extends to claims for an injunction based on patent rights and clarified the requirements.
The alleged infringer was a foreign company, but its website advertised that it served Japan, and it belonged to the Samsung Group.
⇒ Japan had jurisdiction.
Cf. Tokyo District Court, May 14, 2001, “Intraocular Pressure-Lowering Agent” Case: The court denied Japanese jurisdiction over the foreign parent company of the entity acting in Japan, reasoning that, so long as the corporate personality was not a mere shell, the defendant, which had no economic base in Japan, could not be compelled to defend the action.
Cf. Tokyo District Court, 2004 (Wa) 10667, “Data Transmission Method”: Japanese jurisdiction was recognized because sales activities were conducted with knowledge that the products would be assigned in Japan.
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November 2, 2026: Added article information, classification, topics, language navigation, related articles where the same case was confirmed, consultation guidance, and SEO. The original text and first-published date were preserved.
