Newsletter (No.31) February 2023

Nakamura & Partners Japan

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

 Ranked "Outstanding" in Asialaw 2022/23 Rankings



 [Patent] Litigation Seeking of Rescinding the Trial Decision Case: A case in which a general problem that could be recognized by a person skilled in the art on the filing date of the patent application is also applicable to the cited invention, although there is no reference to the cited reference, therefore, the motivation is admitted. A case in which the Intellectual Property High Court denied the inventive step and rescinded the JPO decision.

 Intellectual Property Hight Court Case No.10120 (Gyo-ke) 2019, May 19, 2021 Presiding Judge TSURUOKA



Trademark Act A case in which the court maintained the trial decision to dismiss the plaintiff’s request for invalidation, finding that the registered trademark of the defendant (the subject trademark) consisting of the words “sweets/party in Katakana” and the cited trademark of the plaintiff consisting of the words “sweet party in Katakana / SWEET PARTY” are not similar and that the registration of the subject trademark was not made in violation of Article 4(1)(xi) of the Trademark Law.

Intellectual Property High Court Decision of October 6, 2021 (Case No. 2021 [Gyo-ke] 10036―Presiding Judge Tamotsu SHOUJI)

 Trademark Act A case in which the Court affirmed the Japan Patent Office’s decision which refused an application for registration of a composite trademark composed of a figure part and a word part on the grounds that the trademark falls under Article 4, Paragraph 1, Item 11 of the Trademark Act in view of separate observation/essential part observation, general and constant state of transactions, and similarity between services.

Intellectual Property High Court Decision of June 16, 2021 (Case No. 2020 [Gyo-ke] 10148―Presiding Judge Toshihiko TSURUOKA)




Simple introduction for many cases.




Kei IIDA (Mr.), attorney at law and patent attorney, gave a lecture titled as “Intellectual Property” at Customs Training Institute.


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

Nakamura & Partners

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


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