IP High Court, Reiwa 6 (Ne) 10044 [Hair iron] <Presiding Judge Nakahira>
更新日：3 日前
Article information
Article type: Case note
Category: Patents
Topics: Patent corrections
First published on this website: October 2, 2026
Case number (as stated in the source): Reiwa 6 (Ne) 10044
Display and classification checked: October 2, 2026 (not a re-review of the legal analysis)
IP High Court, Reiwa 6 (Ne) 10044 [Hair iron] <Presiding Judge Nakahira>
* The appellant sought transfer-registration procedures under Article 74(1) of the Patent Act against the current patentee, the appellee/defendant, alleging that the right had been assigned by a person without representative authority.
The lower court dismissed the claim by analogical application of Article 94(2) of the Civil Code.
⇒ Appeal dismissed; the original judgment upheld.
The appellant's true representative E knew by around July 2015 that B' and others had become officers and management was in disorder. By November 29, 2016 at the latest, E knew of the false appearance that the right to obtain a patent had been assigned to C'.
Nevertheless, for about four years until 2021, E did not bring an action to confirm the nonexistence of the shareholders' resolution or take similar steps. Even after a judgment finding that resolution nonexistent became final in August 2021, E took no measures against C' during the roughly six months before C' transferred the patent to the appellee's subsidiary.
⇒ The appellant bears substantial responsibility for leaving the false appearance in place.
Original article: https://lnkd.in/epW52G8M
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Update and correction history
Substantive corrections and supplements are recorded separately from classification, related-article, and display maintenance.
October 2, 2026: First publication of the author's LinkedIn text. Article type, classification, issue tags, source, and consultation guide were added.
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October 2, 2026: Updated topic tags.
