Author: kazu

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).…

Episode 26 The Design Act stipulates that, as a requirement for design registration, “Anyone who creates a design capable of industrial application… may obtain a design registration for that design.” (Article 3, Paragraph 1, Heading). This means that a design must be capable of industrial mass production. The need for such design protection arose due…

Episode 25 In Episode 24, we discussed the appeal (Intellectual Property High Court, Reiwa 3 (Ne) No. 10037, Judgment May 27, 2025) of the lawsuit against Sawai Pharmaceutical and Fuso Pharmaceutical for damages for infringement of Toray’s use patent for an oral antipruritic agent (Patent No. 3531170, extended registration term expires in November 2022, hereinafter…