Author: kazu

Episode 32 In Episode 7, we discussed the point that excessive descriptions of the effects of an invention when drafting a patent specification can narrow the scope of rights. Regarding the relationship between an invention’s inventive step and its effects, a court decision (Tokyo High Court, Case 2002 (Gyo-Ke) No. 460, Decision of March 23,…

Episode 31 This article explains exclusion claim in claims amendments and corrections. An “exclusion claim” is a claim that explicitly excludes only some of the matters encompassed by the claimed invention from the claims, while leaving the stated matter intact (Examination Guidelines, Chapter 2, 3.3.1(4) – Amendments to Include Exclusion claim). This article explains “exclusion…

Episode 30 This article explains the legal system. Legal systems are divided into case law and statutory law. Case law is also known as Anglo-American law. Statutory law is also known as civil law and has its origins in Roman law. Case law systems are characterized by precedent binding, whereby decisions made in earlier court…

Episode 29 This article explains cross-border infringement of industrial property rights. First, it is necessary to clearly distinguish between trademark infringement and patent infringement. – Regarding trademark infringement: ① The Joint Recommendation states that the use of a mark on the Internet constitutes use in a member state only if it has a commercial effect…

Episode 28 In Episode 27, we explained the division of roles between Copyright Act and Design Act when it comes to protecting images in virtual space. This time, we will compare the protection of applied art under Copyright Act and Design Act. The Copyright Act states, “The enjoyment of moral rights and copyright shall not…