Episode 6

In Japan, the number of intellectual property lawsuits, including patent infringement lawsuits, is extremely low compared to other countries, and the success rate of patent holders in patent infringement lawsuits is lower than in other countries (https://www.kantei.go.jp/jp/singi/titeki2/tyousakai/kensho_hyoka_kikaku/tf_chiizai/dai3/sankousiryou03.pdf).
Due to this, a phenomenon called "Japan Passing" is occurring. This means that the number of patent application families that are filed in the United States, Europe, China, and South Korea but are not filed in Japan is increasing.
In response to this, the success rate of patent holders in patent infringement lawsuits at the Intellectual Property Specialist Divisions of the Tokyo District Court and the Osaka District Court has increased in recent years. However, approximately 40% of patent infringement lawsuits end in settlement (https://www.ip.courts.go.jp/vc-files/ip/2023/2022_sintoukei_H26-r4.pdf). When a judicial settlement is recorded in a record, that statement has the same effect as a final judgment (Article 267 of the Code of Civil Procedure).
Once a lawsuit is filed to resolve a dispute and a judgment is made, that information will be made available to the public (Article 91 of the Code of Civil Procedure). If you wish to resolve a dispute without the knowledge of a third party, you may consider a settlement between the parties. The legal effect of a settlement between the parties is a type of contract under the Civil Code (Articles 695 and 696 of the Civil Code).
By the way, intellectual property mediation began in October 2019 (https://www.courts.go.jp/tokyo/saiban/minzi_section29_40_46_47/tizaityoutei/index.html). As a general rule, intellectual property mediation is not disclosed to third parties. When an agreement is reached between the parties in intellectual property mediation and it is recorded in the record, the mediation is deemed to have been completed, and that statement has the same effect as a judicial settlement (Article 16 of the Civil Mediation Act).

Episode 5

Continuing from Episode 4, we will explain the protection of intellectual property rights under various laws.
Software (computer program) algorithms are protected by patent law, and algorithms are represented in flowcharts. When exercising rights regarding a program invention, the invention must be compared with the subject invention according to the flowchart, and the algorithm of the subject invention must be analyzed. As a result of the analysis, even if the right holder determines that the right has been infringed, in actual court, the technical scope of a patented invention (Article 70 of the Patent Act) may be interpreted more narrowly or more broadly than the scope of the claims. These correspond to judicial precedents 1 and 2 of "Technical Scope of Patented Inventions and Their Interpretation" in [Reference Materials], respectively.
Images displayed by programs are now protected by the Design Act revised in 2019 (enforced on April 1, 2020). The comparison of the designs in the images is self-explanatory. However, when exercising design rights, even if the right holder determines that there are similarities, it does not necessarily mean that the court will determine that they are similar.
If the same intellectual property right is protected under multiple laws, even if one is unsuccessful, it may be protected under other laws.

Episode 4

As explained in [Characteristics of our Firm], intellectual property rights are protected by various laws.
Among these, copyright is such that “the enjoyment and exercise of the right does not require any form of performance” (Article 5, Paragraph 2 of the Berne Convention). Japan is a member of the Berne Union, and “if there is a separate provision in a treaty regarding the rights of authors and rights adjacent thereto, the provisions shall apply” (Article 5 of the Copyright Act). Copyrights are granted at the time a copyrighted work is created, without the need for any examination or registration procedures (non-formal principle). In other words, copyright is automatically granted at the time of creation, and the author can exercise the right. This does not apply even if someone else creates a similar work. However, in order to exercise copyright, you must prove that you are the author (Article 2, Paragraph 1, Items 1 and 2 of the Copyright Act).
In the United States, the “formalism” system, which required registration with a government agency in order to obtain a copyright, had been maintained until recent years, but it was finally concluded in 1989 with the Berne Convention that led to a shift to a “formalism system”. Did. Furthermore, Japan concluded the Berne Convention in 1899.
On the other hand, for industrial property rights (patents, utility models, designs, trademarks), registration at the Patent Office is a requirement for the rights to be granted (Article 66, Paragraph 1 of the Patent Law, Article 14, Paragraph 1 of the Utility Model Law, (Article 20, Paragraph 1, Trademark Law, Article 18, Paragraph 1). For this reason, even if you create an idea, if someone else files an application with similar content and obtains the rights, you will not be able to implement your idea (first-to-file system). In that sense, industrial property rights are first come, first served. To exercise industrial property rights, you can prove that you are the right holder by registering at the Patent Office.
In the United States, the “first to invent” system, which grants patent rights to the first person to invent something, has been maintained until recent years, but in 2013, the Patent Law Amendment Act was finally enacted and the system shifted to the “first to file” system.
To obtain industrial property rights, there are application and examination fees, registration fees, and if you request an agent to file the application, you will incur those fees. Even if you file a worthless application and obtain the rights, if you do not exercise the rights, you will end up wasting your money. In this sense, it is essential to apply for industrial property rights “carefully and promptly.”