ジョーンズ・デイ・ニュースレター：Japan Legal Update

Japanese police have arrested an alleged first uploader on Nyaa, the torrent index at the heart of anime piracy, marking a strategic shift from blocking sites to targeting source distributors. Using attribution tools developed under CODA's Cross-Border Enforcement Project, investigators identified and detained a Kanagawa resident suspected of seeding an NHK drama and numerous other works. This case signals a new enforcement approach focused on chokepoints in the distribution chain rather than endless domain

. . . However, the qualifying language, "unmodified existing," proved to be an unfortunate choice of words. . . .

Each country has its own patent practice. The Japanese patent practice also has some unique aspects.

In this article, we will clarify the current status and challenges of technology transfer at Japanese universities, focusing on TLOs, and how research results at universities are utilized.

In Cytiva BioProcess R&D AB v. JSR Corp., No. 2023-2074, the Federal Circuit addressed obviousness challenges to multiple patents related to affinity chromatography, clarifying when a "lead compound" inquiry may be substituted with an "obvious-to-try" analysis and when the presence of inherent properties may obviate the need to demonstrate a reasonable expectation of success.

The Japan Platform for Patent Information (JPlat-Pat), the online search engine for Japanese and related intellectual property applications, is now refined to be able to perform more detailed...

Companies are advised to confirm whether any changes should be made to their current practice of applying for patents and trademarks in light of the newly introduced procedures.

The guide would assist international and Japanese parties to arrange for equitable licensing of key technologies covered by SEPs.

Because Japan applies a strict first-to-file rule, opportunistic filers often racing to register brands before the rightful owners can act. If you don't secure protection early, you risk rebranding...

. . . The court expressly ruled that Netflix was not required to use specific language or "magic words" to define a field of endeavor and that "general language is sufficient to allow the Board...

The Code is voluntary, but it will likely become an important reference point for demonstrating compliance with Article 50 of the AI Act.

The Ninth Circuit Court of Appeals vacated a preliminary injunction against Perplexity AI, determining that when an AI agent acts at a user's direction, it is the user—not the AI company—who "accesses" computer systems under federal and California computer fraud statutes. This landmark appellate decision addresses how existing computer-access laws apply to agentic artificial intelligence and has significant implications...

A federal court has struck down New York's Climate Change Superfund Act, which sought to recover $75 billion from fossil fuel companies based on historical emissions. The ruling found the Act preempted by the Clean Air Act, marking the first judicial decision on state climate superfund legislation and establishing that EPA's rescission of the endangerment finding does not alter preemption analysis.

The Situation: Surging interest in digital tokens has caught the attention of regulators in Hong Kong.

On December 3, a federal court in the Central District of California granted plaintiffs' request for preliminary approval of a proposed $22 million settlement ...

On July 16, plaintiffs in a putative class action filed a motion for preliminary approval of their settlement agreement with a video game ...

The European Commission has adopted final Guidelines on exclusionary abuses of dominance under Article 102 TFEU, introducing a "workable effects approach" that narrows presumptions while expanding guidance on objective justifications and recognizing sustainability benefits as valid efficiencies for the first time. These Guidelines replace the 2008 Enforcement Priorities Guidance and are expected to significantly impact enforcement practices across EU Member States and beyond, particularly for digital market

The European Commission has proposed replacing the EU's three core procurement directives with a single, directly applicable Regulation that would fundamentally reshape how companies compete for public contracts across Member States. The reform introduces mandatory quality criteria thresholds, embeds ESG considerations as evaluation factors, and establishes new security and European-preference provisions that could restrict participation based on ownership, supply chain exposure, and strategic dependencies.

On April 9, 2018, the PDPC issued new advisory guidelines on in-vehicle recordings by transport services for hire.

China has recently taken several actions showing its commitment to counter trade restrictions imposed by other countries. In March 2025, it released regulations implementing the 2021 Anti-Foreign Sanctions Law.