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2022

Newsletter (No.19) February 2022

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

*PATENT

PATENT★★”FLUID FEEDING APPARATUS, …AND PROGRAM” Case: A case in which the Court denied the valid admission by the defendant with regard to whether the structure of the defendant’s product meets the constituent features of the Present Invention in the Answer submitted in the original case, and revoked the original decision which found that there are no disputes on the constituent features, finding that the structure of defendant’s product does not cause any problem to be solved by the Present Invention, and thus does not fall within the technical scope of the Present Invention (the defendant’s product does not literally satisfy the constituent features of the Present Invention).

―Intellectual Property High Court Case No. 2020 (Ne) 10044 of June 28, 2021 (Presiding Judge Toshihiko TSURUOKA)―

[Patent★★] “Brunnian Link Making Device and Kit”Case: A case in which the “partial priority” under the Paris Convention was approved

–Intellectual High Court Case No. 2019 (Gyo-ke 10132) November 5, 2020 (Presiding Judge Tsuruoka)

[Patent] “Cellulose Powder” Case: A case in which the court held different judgements that the enablement requirement is satisfied but the support requirement is not satisfied.

–Tokyo District Court Case No. 2017 (Wa) 24598 on March 26, 2020 (Presiding Judge Shibata)

*TRADEMARK

Trademark Act A case in which the Court maintained the Japan Patent Office’s decision which dismissed a request for an invalidation trial filed by the plaintiff against the defendant’s registered trademark “パールアパタイト” which consists of common characters, and whose designated goods are “chemicals” in Class 1, “cosmetics, soaps” in Class 3, etc., finding that the defendant’s registered trademark is not likely to mislead as to the quality of the goods or services; therefore, the defendant’s registered trademark does not fall under Article 4, Paragraph 1, Item 16 of the Trademark Act.

Intellectual Property High Court Decision of June 30, 2021 (Case No. 2021 [Gyo-ke] 10010―Presiding Judge Ichiro OTAKA)

*COPYRIGHT

Copyright Act A case in which, with respect to a slide named “ミニタコ (Minitako)” which is a type of playground equipment imitating the shape of an octopus produced by the appellant (the plaintiff in the first instance) for parks, the Court denied copyrightability thereof as either artistic or architectural work.

Intellectual Property High Court Decision of December 8, 2021 (Case No. 2021 [Ne] 10044―Presiding Judge Ichiro OTAKA)

*DESIGN

Simple introduction for many cases.

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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