Newsletter (No.4) November, 2020

We are now introducing practical legal information on our homepage which especially focuses on Court Decisions related to IP rights.

http://www.nakapat.gr.jp/en/legal_updates_eng/

This Newsletter summarizes legal information updated in the latest one month.

*PATENT

IP High Court Grand Panel Case No. 2019 (Ne) 10003; February 28, 2020 (Presiding Judge TAKABE)

【PATENT★★】“Beauty Instrument” Case: A case in which the Court made a decision on a calculation method of an amount of damages based on Article 102, Paragraph 1 of the Patent Act and the circumstances to be taken into account in the calculation.

IP High Court Grand Panel Case No. 2018 (Ne) 10063; June 7, 2019 (Presiding Judge TAKABE)

【PATENT★★】“Carbon Dioxide-Containing Viscous Composition” Case: A case in which the Court determined the calculation of damages under Article 102, Paragraphs 2 and 3 of the Patent Act and the elements to be considered therefor.

*TRADEMARK

IP High Court Decision of June 17, 2020 (Case No. 2019 [Gyo-Ke] 10164―Presiding Judge MORI)

【Trademark Act★】A case in which the Court affirmed the Japan Patent Office’s decision which refused an application for registration of the mark consisting of the letter “I” and a heart shape placed horizontally side by side, with the letters “JAPAN” written underneath, finding that since the mark in question is one which cannot be recognized by consumers as pertaining to any person’s business, it falls under Article 3, Paragraph 1, Item 6 of the Trademark Act and cannot be registered.

Hideki Takaishi (Attorney at Law & Patent Attorney) (Publishing Manager)

Nakamura & Partners

Room No. 616, Shin-Tokyo Building, 3-3-1 Marunouchi, Chiyoda-ku,

E-mail: nakamura_and_partners---magazine@nakapat.gr.jp

*The content of this newsletter provides general information and is not legal advice.

*Nakamura & Partners was founded in 1914 and provides comprehensive IP-related services both domestically and internationally as an international IP law firm.