The Essentials of Japanese Patent Law

The Essentials of Japanese Patent Law Cases and Practice By Hiroya Kawaguchi Patent rights depend on many interpretive elements , including even the patent's subject matter and the question of who owns the right .

Author: Hiroya Kawaguchi

Publisher:

ISBN: UOM:39015067648603

Category: Law

Page: 295

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Patent rights depend on many interpretive elements, including even the patent subject matter and the question of who owns the right. Such elements lead to varying legal approaches in different countries and, since it is in the nature of inventions to be international, knowledge of patent law in a variety of national jurisdictions is an indispensable asset for patent lawyers and their clients. This book provides that essential knowledge as it relates to the patent laws of Japan together with English translations of main provisions of the Patent Law. It provides a systematic and concise analysis of theoretical issues and information of practical usefulness (such as examination guidelines of the Japanese Patent Office) as well as analysis of important case law. With detailed attention to both substantive and procedural law, the authorand’s thorough exposition covers such features of Japanese patent law as the following: requirements for patentability; provisions for invention by employee; assignment of invention before application; application of foreign language documents; limitation on effect of patents; effects of bukken (right in rem) and saiken (person-to-person claim); procedure before the Patent Office; civil remedies for infringement of patents; case law interpreting negligence; measures for recovery of damage to reputation; establishment of security interests; administrative law suit procedure; appellate review; and procedure before Japanese Intellectual Property High Court. The Essentials of Japanese Patent Law clearly explains the way in which patents may be registered and protected under Japanese law, and will be of inestimable value to counsel for inventors and enterprises everywhere. No patent lawyers or other intellectual property professionals will want to be without it.
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Japanese Law

An embryonic form of the patent system emerged in Japan in 1871 by the Summary Rules of Monopoly. ... For an overview of the Japanese Patent Law in English, see H. Kawaguchi, The Essentials of Japanese Patent Law (Alphen aan den Rijn, ...

Author: Hiroshi Oda

Publisher: Oxford University Press, USA

ISBN: 9780198869474

Category: Law

Page: 545

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This title provides an in-depth and comprehensive look at Japanese law, primarily looking at private law. Updated to include new case law, amendments, judgements, and Supreme Court cases since the last edition in 2009, this is an essential work for all dealing with Japanese law.
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IP and Antitrust

In this section, we discuss three of the primary intellectual property regimes in Japan: utility patents ... 6 For a general reference work on Japanese patent law, see Hiroya Kawaguchi, The Essentials of Japanese Patent Law, (2006).

Author: Christina Bohannan

Publisher: Aspen Publishers Online

ISBN: 9780735575486

Category:

Page: 2618

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Comparative Patent Remedies

62 See infra notes 175–89 and accompanying text. Patent infringement can be prosecuted as a crime in Japan. See Japan Patent Act arts. 196, 196–2; Hiroya Kawaguchi, The Essentials of Japanese Patent Law: Cases and Practice 149–50 (2006) ...

Author: Prof. Thomas F. Cotter

Publisher: Oxford University Press

ISBN: 9780199967988

Category: Law

Page: 504

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Nations throughout the world receive more patent applications, grant more patents, and entertain more patent infringement lawsuits than ever before. To understand the contemporary patent system, it is crucial to become familiar with how courts and other actors in different countries enable patent owners to enforce their rights. This is increasingly important, not only for firms that seek to market their products worldwide and for the lawyers who provide them with counsel, but also for scholars and policymakers working to develop better policies for promoting the innovation that drives long-term economic growth. Comparative Patent Remedies provides a critical and comparative analysis of patent enforcement in the United States and other major patent systems, including the European Union, Japan, Canada, Australia, China, South Korea, Taiwan, and India. Thomas Cotter shows how different countries respond to similar issues, and suggests how economic analysis can assist in adapting current practice to the needs of the modern world. Among the topics addressed are: how courts in various nations award monetary compensation for patent infringement, including lost profits, infringer's profits, and reasonable royalties; the conditions under which patent owners may obtain preliminary and permanent injunctions, including cross-border injunctions in the European Union; the availability of various options for potential defendants to challenge patent validity; and other matters, such as the availability of criminal enforcement and border measures to exclude infringing goods.
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Guide to International Legal Research

The George Washington International Law Review ... The website provides answers to frequently-asked IP-related questions, links to patent applications, a searchable patent ... The Essentials of Japanese Patent Law: Cases and Practice.

Author: The George Washington International Law Review

Publisher: LexisNexis

ISBN: 9781522179498

Category: Law

Page: 1954

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The Guide to International Legal Research is an authoritative and comprehensive reference tool for law students and practitioners. Authored annually by The George Washington International Law Review, the Guide is designed to assist both novices and professionals with their international legal research. Following an introduction by Professor Christopher J. Borgen, the Guide is organized into two parts. In the first part, chapters are divided by regions. Each regional chapter includes an overview of the geopolitical climate in that region and lists government resources, legal resources, media resources, and resources by topic. Where appropriate, these sources are subdivided by country. Many of the chapters discuss general multi-national organizations as well as international trade organizations and agreements that are specific to the region. The Guide also provides an overview of what each source covers and how it can be most effective. The second part of the Guide covers substantive areas of international law, including general international law, public health law, space law, human rights law, group rights, intellectual property, international trade, international business transactions, tax law, environmental law, labor law, and international security law, among other topics. Much like the regional sections, the substantive chapters begin with a section on international governance followed by a section on secondary sources pertinent to that subject area.
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Law Development and Innovation

In: Hansen B, Schüssler-Langeheine D (2011) Patent practice in Japan and Europe—Liber Amicorum for Guntram Rahn, The Netherlands, pp 67, ff Kawaguchi H (2006) The essentials of Japanese patent law, The Netherlands, pp 22, ...

Author: Giuseppe Bellantuono

Publisher: Springer

ISBN: 9783319133119

Category: Law

Page: 215

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This book deals with one strand of the intense debate concerning the links between law and development, namely the coordination of innovation processes and legal change. It analyzes how innovation, and ultimately development, can be fostered or hindered by existing or new legal infrastructures. The book includes eleven original contributions from senior and junior scholars and is divided into two parts, the first focusing on theoretical frameworks and the second presenting several case studies on various institutional aspects. A particular strength of this part is its broad geographical coverage, which encompasses the legal frameworks in Europe, the Americas, Africa, and Asia. The contributions collected in this book will be of value to a broad readership. Academic scholars will find useful information on lessons learned from reforms implemented in different areas and come to better understand the methodological hurdles involved in reform assessment. Policymakers in national and international organizations can draw on these studies when designing new programs. Lastly, practitioners in developed and developing countries can use these contributions to promote the success of current or new initiatives.
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Patent Law Essentials

10.2 GEOGRAPHIC LIMITATIONS United States patent law does not apply to activities that take place entirely in another country.16 The sale or use of a patented product in Japan , for example , is not an infringement of a United States ...

Author: Alan L. Durham

Publisher: Greenwood Publishing Group

ISBN: 027598205X

Category: Law

Page: 253

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Previous edition, 1st, published in 1999.
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Patent Law Essentials A Concise Guide 5th Edition

10.2 GEOGRAPHIC LIMITATIONS U.S. patent law does not apply to activities that take place entirely in another country.20 The sale or use of a patented product in Japan, for example, is not an infringement of a U.S. patent, ...

Author: Alan L. Durham

Publisher: ABC-CLIO

ISBN: 9781440859892

Category: Law

Page: 305

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This essential desk reference for patent attorneys, engineers, entrepreneurs, innovators, development professionals, and students has been updated with the latest court cases and legislation. • Makes patent law accessible to both novice and expert practitioners • Discusses a number of recent landmark Supreme Court decisions, including Alice Corp. v. CLS Bank (2014), discussing when software-implemented business methods are unpatentable as abstract ideas; Commil v. Cisco Systems (2015), on the intent required to induce infringement; and Samsung Electronics v. Apple (2016), addressing the award of the infringer's profits from infringement of a design patent • Contains sample utility and design patents for reference • Walks readers through the many parts of a patent
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Patent Law Essentials A Concise Guide 4th Edition

10.2 GEOGRAPHIC LIMITATIONS United States patent law does not apply to activities that take place entirely in another country.17 The sale or use of a patented product in Japan, for example, is not an infringement of a United States ...

Author: Alan L Durham

Publisher: ABC-CLIO

ISBN: 9781440828799

Category: Law

Page: 290

View: 871

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The fourth edition of this indispensable guide provides a simple and accurate introduction to the dynamics and mechanics of patent law, updated with the latest court decisions and reform legislation.
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