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2021

Newsletter (No.6) January 2021

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

*TRADEMARK

The Intellectual Property High Court Decision of June 24, 2020 (Case No. 2019 [Ne] 10069―Presiding Judge OTAKA)

Trademark Act ★】A case in which the Court found that the defendants marks containing the letter part of MMPI which was widely recognized among consumers as that referring to the Minnesota Multiphasic Personality Inventory, which is the questionnaire-based psychological testing developed by Hathaway and Mckinley for understanding character tendencies, or to the abbreviation of the testing, correspond to a trademark indicating, “in a common manner”, the “quality” of the designated service pertaining to the Trademark “MMPI”, or “psychological testing”, and that Article 26, Paragraph 1, Item 3 of the Trademark Act applies to the defendant’s marks and the effect of the right for the Trademark does not extend to the defendant marks.

The Intellectual Property High Court Decision of August 27, 2020 (Case No. 2019 [Gyo-Ke] 10143―Presiding Judge TSURUOKA)

Trademark Act ★】A case in which the Court affirmed the Japan Patent Offices decision which refused an application for registration of a trademark which is a position mark, finding that since the position mark in question cannot be considered to contain distinctive character in its functional composition itself in light of attentiveness possessed by general consumers who are considered as consumers of the designated goods, the position mark in question corresponds to a trademark set forth in Article 3, Paragraph 1, Item 6 of the Trademark Act, and does not correspond to a trademark which has acquired distinctiveness through use as set forth in Article 3, Paragraph 2 of the same Act.

*COPYRIGHT

Outline of 2020 Amendments to the Copyright Act and Act on Special Provisions for the Registration of a Computer Program Work (Supplement)

*News & Topics

Hideki TAKAISHI (Mr.), attorney-at-law, received the award of “LAWYER MONTHLY AWARDS 2020”.(Industirial Property Right Law)

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