Episode 6

In Japan, the number of intellectual property lawsuits, including patent infringement lawsuits, is extremely low compared to other countries, and the success rate of patent holders in patent infringement lawsuits is lower than in other countries (https://www.kantei.go.jp/jp/singi/titeki2/tyousakai/kensho_hyoka_kikaku/tf_chiizai/dai3/sankousiryou03.pdf).
Due to this, a phenomenon called "Japan Passing" is occurring. This means that the number of patent application families that are filed in the United States, Europe, China, and South Korea but are not filed in Japan is increasing.
In response to this, the success rate of patent holders in patent infringement lawsuits at the Intellectual Property Specialist Divisions of the Tokyo District Court and the Osaka District Court has increased in recent years. However, approximately 40% of patent infringement lawsuits end in settlement (https://www.ip.courts.go.jp/vc-files/ip/2023/2022_sintoukei_H26-r4.pdf). When a judicial settlement is recorded in a record, that statement has the same effect as a final judgment (Article 267 of the Code of Civil Procedure).
Once a lawsuit is filed to resolve a dispute and a judgment is made, that information will be made available to the public (Article 91 of the Code of Civil Procedure). If you wish to resolve a dispute without the knowledge of a third party, you may consider a settlement between the parties. The legal effect of a settlement between the parties is a type of contract under the Civil Code (Articles 695 and 696 of the Civil Code).
By the way, intellectual property mediation began in October 2019 (https://www.courts.go.jp/tokyo/saiban/minzi_section29_40_46_47/tizaityoutei/index.html). As a general rule, intellectual property mediation is not disclosed to third parties. When an agreement is reached between the parties in intellectual property mediation and it is recorded in the record, the mediation is deemed to have been completed, and that statement has the same effect as a judicial settlement (Article 16 of the Civil Mediation Act).