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06

OCT

2021

Newsletter (No.15) October, 2021

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

*PATENT

PATENT”CELECOXIB COMPOSITIONS” Case: A case in which the IP High Court recognized inventive step of a parameter invention, finding that the parameter could not be easily conceived by a person skilled in the art.

―IP High Court Case No. 2019 (Gyo-ke) 10137 of October 28, 2020 (Presiding Judge OTAKA)

*TRADEMARK

Trademark Act★★ A case in which the Court found that a composite trademark consisting of a figure part and a word part falls under Article 4, Paragraph 1, Item 11 of the Trademark Act, stating that it is permissible to determine the similarity of a composite trademark by separating a figure part and a word part, and observing only the word part as an essential part of the composite trademark.

The Intellectual Property High Court Decision of July 29, 2021 (Case No. 2021 [Gyo-Ke] 10026―Presiding Judge Yoshiyuki MORI)

Trademark Act★★A case in which the Court found that a sound trademark containing the lyric “matsumotokiyoshi” does not corresponds to a trademark which contains the name of another person set forth in Article 4, Paragraph 1, Item 8 of the Trademark Act, and revoked a decision of the Japan Patent Office which refused an application for registration of the sound trademark because it corresponds to a trademark containing the name of another person.

The Intellectual Property High Court Decision of August 30, 2021 (Case No. 2020 [Gyo-Ke] 10126―Presiding Judge Ichiro OTAKA)

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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