Useful information on intellectual property

About patents

Examination relations

・ Invention under the Patent Law (Industrial Applicability, Article 29 Pillar of the Patent Law)

・ Novelty (Patent Law, Article 29, Paragraph 1)

・ Inventive step (Patent Law Article 29, Paragraph 2)

・ Expansion prior application (Patent Law Article 29-2)

・Unity of invention (Patent Law Article 37)

・ Amendment of patent application

・ Domestic priority

・ Divisional application

Referee relations

・ Patent invalidation trial (Patent Law Article 123)

Infringement relationship

・ Patent prior use right

・ Equal infringement (range of effect of patent right)

・ Patent Law Article 104-3 (Defense for Reasons for Invalidation-Kilby Case)

 

About trademarks

Examination relations

・ Examination period for trademark registration application

・ What is a violation of Article 3, Paragraph 1 of the Trademark Law (Trademark used for goods or services related to one's own business)?

・ Reason for refusal due to lack of distinctiveness of trademark (Trademark Law, Article 3, Paragraph 1, Items)

・ Distinguishing by using a trademark (Article 3, Paragraph 2 of the Trademark Law)

・Reasons for refusal due to unregistered well-known trademark (Trademark Law, Article 4, Paragraph 1, Item 10)

・Reasons for refusal due to the registered trademark of the prior applicant (Article 4, Paragraph 1, Item 11 of the Trademark Law)

Referee relations

・Trial for cancellation of non-use (Article 50 of the Trademark Law)

・Trial for Cancellation of Unauthorized Use (Trademark Law, Article 51, Article 52-2, Article 53)

・Trial for invalidation of trademark (Article 46 of the Trademark Law)

Infringement relationship

・Prior use right of trademark

・To the extent that the trademark right does not take effect

Special trademark system

・Regional collective trademark system

・Protective mark system

 

About design

Examination relations

・What is an industrially usable design? (Design Law, Article 3, Paragraph 1 Pillar)

・Non-easiness of design creation

Design-specific application

・Partial design

 

 

About utility model

・Change of application from patent application to utility model registration application

 

About the Unfair Competition Prevention Law

・Acts that cause confusion (Article 2, Paragraph 1, Item 1 of the Unfair Competition Prevention Law)

・Act of misappropriation of prominent display (Unfair Competition Prevention Law, Article 2, Paragraph 1, Item 2)

・Form imitation (Unfair Competition Prevention Law, Article 2, Paragraph 1, Item 3)

 

Case law of the Unfair Competition Prevention Law

Love Hotel Chanel Incident Inducing Confusion (Unfair Competition Prevention Law, Article 2, Paragraph 1, Item 1)

 

About copyright law

Author's rights (copyright, moral rights, neighboring rights)

・Occurrence of author's rights (copyright, moral rights, neighboring rights)

・Copyright term

Copyright case

・Is it a copyright infringement if it happens to match an existing work? (One Rainy Night in Tokyo Incident)

・Is a built-for-sale house a copyrighted work? (Grunier Dyne case)

・Copyright of cartoon characters (Popeye 4th case)

Column

 

・Music equipment Zoom sues web conference "Zoom" for trademark infringement