Author: kazu

Episode 33 In Episode 27, we explained the distinction between copyright law and design law regarding the protection of images in virtual space (metaverse). This time, we will examine the possibility of copyright protection for avatars. Regarding the definition of “avatar,” Wikipedia states, “An avatar is a character image used primarily for communication purposes as…

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…