Author: kazu

Episode 18 It is possible to apply for design registration for three-dimensional shapes, and it is also possible to apply for registration as a three-dimensional trademark. Since design rights are creations resulting from human mental activity, registration requires novelty and creatability, and the term of the right is limited (25 years from the application date).…

Episode 17 Intangible property rights (intellectual property rights) include rights to creations that are the result of human mental activity and rights to goodwill (Basic Jurisprudence 3: Property, p. 281, “Intangible Property Rights” by Nakayama Nobuhiro). Creations that are the result of human mental activity include patent rights, utility model rights, and design rights. Rights to…

Episode 16 It has been pointed out that the Stockinette Knitting Machine Case (Supreme Court, Grand Court Decision, Case No. 28, 1967 (Gyo-Tsu), March 10, 1976; Minshu Vol. 30, No. 2, p. 79) and the Chetwa Case (Supreme Court, Third Petty Court Decision, Case No. 37, 1988 (Gyo-Tsu), April 23, 1991; Minshu Vol. 45, No.…

Episode 15 The Kilby decision (Supreme Court, 1998 (O) No. 364, April 11, 2000, Third Petty Bench, Minshu Vol. 54, No. 4, p. 1368) ruled that the infringement court can determine whether or not there is a reason for invalidation of a patent, and that if there is a reason for invalidation, a claim for…

Episode 14 Even if a trademark or design is not registered, it is possible to seek an injunction or damages for infringement under the Unfair Competition Prevention Act. However, while the hurdle for proving the requirements for an injunction or damages under the Unfair Competition Prevention Act is high, the existence of a trademark right…