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2021

Newsletter (No.14) September, 2021

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

*PATENT

PATENT★★”Information Storage Device” Patent Infringement Case (Ricoh v. Toner cartridge recycling companies): This is the first case in which the Tokyo District Court recognized the plaintiff’s acts as a violation of the Antimonopoly Act (Article 19 and Article 2, Paragraph 9, Item 6 of the Antimonopoly Act, and Paragraph 14 of the Designation of Unfair Trade Practices) and dismissed the plaintiff’s claims for injunction and compensation for damages on the grounds that said claims constitute an abuse of rights.

Tokyo District Court Case No. 2017 (Wa) 40337 of July 22, 2020 (Presiding Judge SATO)

*Copyright

Copyright Act A case in which the Court adopted the separability theory with respect to copyrightability of applied art, and denied, based on said theory, copyrightability of a posture keeping tool.

The Intellectual Property High Court Decision of June 29, 2021 (Case No. 2021 (Ne) 10024 — Presiding Judge Yoshiyuki MORI)

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.

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