Author: kazu

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…

Episode 27 Currently, amendments to the Design Act to protect images in the virtual world (metaverse) are under consideration. The issue at stake here is the division of roles between Copyright Act and Design Act. Copyright Act protects the creative expression of ideas or emotions (Article 2, Paragraph 1, Item 1 of the Copyright Act).…