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2021

Newsletter (No.10) May, 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.

*Trademark

TrademarkA case in which the Court affirmed the Japan Patent Office’s decision which refused an application for registration of a trademark, which is a position mark consisting of the shape of a packaging container of a product, finding that since the position mark in question consists only of a mark that indicates, in a common manner, the shape of a package of goods etc., the position mark in question corresponds to a trademark set forth in Article 3, Paragraph 1, Item 3 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.

The Intellectual Property High Court Decision of December 15, 2020 (Case No. 2020 [Gyo-Ke] 10076―Presiding Judge TSURUOKA)

*Unfair Competition Prevention Act

Unfair Competition Prevention Act ★★ A case in which, with respect to a program which disables a function of software but not “Technological Restriction Measures” themselves, which is used together with the “Technological Restriction Measures” by means of encrypting images, for preventing decrypted images from being recorded and stored, and makes it possible to record, store, and view decrypted images by using a viewer other than the authorized viewer, the Supreme Court found that the program in question corresponds to a program that “interferes with the effectiveness of the Technological Restriction Measures”.

The Supreme Court Decision of March 1, 2021 (Case No. 2018 (A) 10—Presiding Judge YAMAGUCHI)

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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