Judgment rendered by the Grand Panel of the Intellectual Property High Court on March 19, 2025, regarding the patentability of compositions which contemplate medical procedures both before and after manufacture
Introduction On March 19, 2025, the Grand Panel of the Intellectual Property High Court (the “IPHC”) rendered their judgment in a patent infringement case. The court reversed a Tokyo District Court’s judgment and found that the defendant had infringed the plaintiff’s patent.
Update: A Second Court Decision addressing Patent Linkage and Unfair Competition
Introduction As reported in NO&T IP Law Update No.8, on October 28, 2024, the Tokyo District Court issued a decision in a case involving a biosimilar manufacturer seeking a preliminary injunction against a patent holder (Samsung Bioepis Co. Ltd. v. Bayer HealthCare LLC.
Patents: – The Principle of Territoriality: Two Notable Judgments of the Supreme Court of Japan rendered on March 3, 2025
NEW JUDGMENTS – Principle of Territoriality and Infringement of Japanese Patent Rights regarding “Network-Related Inventions” 1. Summary The Supreme Court of Japan rendered two unprecedented judgments on March 3, 2025, addressing the application of the principle of territoriality of patents to cross-border activities.
＜AI Update＞ AI Inventorship: IP High Court in Japan Rules AI Cannot Be Listed as Inventor
Keiji Tonomura Yoshiteru Matsuzaki Masahiro Kondo Executive Summary A recent ruling has reinforced that judicial interpretation alone cannot extend inventorship to AI systems under existing patent law. On January 30, 2025, the Japanese Intellectual Property High Court ruled that AI-generated inventions cannot receive patent protection under the current Japanese patent law.[1] The Court held that …
Unlocking the Possibility of Contingent Risk Insurance in M&A Contracts
Introduction: Why is Contingent Risk Insurance Needed? The use of representations and warranties insurance (so called “R&W insurance”) in M&A transactions has been increasing.
Key points to consider when selling and purchasing the shares of a Japanese corporation through an IPO given the recent reforms to the Japanese IPO framework
Introduction The Tokyo Stock Exchange (“TSE”) is arguably one of the most attractive stock exchanges for listed stock in the world.
Taxation of Sponsorship Agreements with Professional Athletes
1. Introduction There are a variety of corporate marketing strategies that a company may follow, one of which is to conclude a sponsorship agreement with an athlete in order to improve the recognition and image of its brand and products.
Recent Court Decision on (i) Scope of Medicinal Use Invention and (ii) Patent Linkage
1. Introduction In the field of pharmaceutical patents, a system known as “patent linkage” is introduced in numerous countries, and Japan is no exception.
Amendments to the Tender Offer Regulations
I. Introduction The tender offer regulations in Japan were introduced in 1971, and have not been the subject of significant amendment since 2006.
Legal Issues Related to Branded Residences with Some Recent Updates on Relevant Laws
I.Introduction Recently, in domestic and international real estate development projects targeting wealthy individuals,