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08

MAR

2022

Newsletter (No.20) March, 2022

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

*PATENT

Amendment to Limit the Scope of the Claim During the Proceedings and Application of the Doctrine of Equivalence (International Trend in Case Law and Overview of Japanese Case Law)

PATENT”LEARNING IMPLEMENT” Appeal Case: A case in which the Court found that the plaintiff’s (appellant’s) product merely produces an additional effect in addition to producing the effect of the patented invention, and acknowledged the existence of the second requirement of the doctrine of equivalents.

―Intellectual Property High Court Case No. 2021 (Ne) 10040 of October 14, 2021 (Presiding Judge Masayuki KANNO) [CS related invention] ―

(The court of first instance also found that the plaintiff’s product constitutes patent infringement under the doctrine of equivalents [the Osaka District Court Case No. 2019 (Wa) 3273 of March 25, 2021 (Presiding Judge Masaki SUGIURA)]).

[Patent★★] “LINE Furufuru” Patent Infringement Case: ① A case in which the Tokyo District Court recognized the invention step on the following ground. The court denied the defendant’s logic that only the “GPS search function” should be extracted from the secondary reference and applied to the primary reference. Thus, the court recognized a hindrance to apply the “GPS search function” to the primary reference. ② A case in which the Court found that the defendant’s services which were not examined at the phase for examination on infringement were not subject to the compensation for damages; the defendant’s sales which were regarded as remotely related to the “Furufuru” function have no causal relationship, thus, were not subject to compensation for damages under Article 102, paragraph (3) of the Patent Act.

–Tokyo District Court Case No. 2017 (Wa )36506 May 19, 2021 (Presiding Judge SATO)

*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.

*OTHER

Increase in Patent Annuities And Trademark Registration Fees on April 1, 2022

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

Nakamura & Partners

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

*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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