Newsletter (No.34) June 2023

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

 Ranked "Outstanding" in Asialaw 2022/23 Rankings

*PATENT

[Patent★] “Retroreflecting sheet having printed layer” Patent Infringement Injunction Case: A case in which the Intellectual Property High Court considered the royalty rate (5%) proposed by the patentee during pre-litigation negotiations as one factor and decided that the royalty rate to be determined ex post facto would be twice that rate (10%).

*TRADEMARK

【Trademark Act ★】A case in which the Court maintained the Japan Patent Office’s decision of refusal of a trademark application on the ground that the trademark consisting of the words “おんじゃくきゅう” and “温石灸” in two columns, which is used for the designated services of “Massage and therapeutic Shiatsu massage; moxibustion; acupuncture; chiropractic; providing medical information; dietary and nutritional guidance” in Class 44, merely describes the quality of the designated services, and therefore falls under Article 3, para.1, item 3 of the Trademark Act. In addition, if the trademark is used for the designated services other than “moxibustion (treatment) using warm stones”, it may be liable to be misleading of the quality of services, and therefore also falls under Article 4, para.1, item 16 of the Trademark Act.

*DESIGN

Simple introduction for many cases.

*IP

【Intellectual Property Law ★】A case in which the Intellectual Property High Court held that a provision in an exclusive management agreement between a music agency and performers prohibiting the performers from entering into contracts with third parties for the purpose of performing without permission for a period of six months after the termination of the agreement (the provision in question) is invalid in violation of public order and morals as unreasonably restricting the performers’ freedom to choose their occupation. A case in which the court held that publicity rights and moral rights (rights of attribution) pertaining to the group name (the group name in question) attached to the group of performers shall be held by each member and cannot be exercised by the music agency after the termination of the agreement.

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

Nakamura & Partners

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