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Patent laws in the region vary in their effectiveness. Regulations across jurisdictions to crack down on infringers are in a constant state of renewal and revision in order to stay ahead of those who steal intellectual property. Keeping the trolls at bay depends on staying abreast of regional developments in patent law

Patent-Law-Regional-Comparison-table
Regional comparison of patent law (Click to enlarge image)

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JAPAN

For various reasons, Japan has been known as a unique country that has seen much less active patent litigation activity by patent trolls despite the wide variety of cutting-edge electronics and computer businesses within Japanese corporations. The same can also be found happening to pharmaceutical patents too. However, PAEs (patent asserting entities), also known as “patent trolls”, do not easily give up on chasing Japanese corporations.

Kozo YabePartnerYUASA and HARATel: +81 (3) 3246 6513Email: illiniky@yuasa-hara.co.jp
Kozo Yabe
Partner
YUASA and HARA
Tel: +81 (3) 3246 6513
Email: illiniky@yuasa-hara.co.jp

It is apparent that PAEs are aware of some of the difficulties in undertaking patent infringement actions in Japan due to the procedural characteristics of Japanese civil procedure under the Civil Procedure Code and the Patent Act.

In Japan, even a complaint needs to specify the patentee’s assertion and causes in detail, in comparison with the practice in the US. The complaint needs to contain at least a specification of the subject product/method infringing the patent, with a precise explanation of the technical application and legal interpretation. Some basic written evidence must also follow such content of the complaint.

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YUASA AND HARA

Sec. 206 New-Ohtemachi Bldg

2-2-1 Ohtemachi,Chiyoda-ku

Tokyo, Japan

100-0004

Contact details:

Tel: +81 (3) 3270 6641

Fax: +81 (3) 3246 0233
www.yuasa-hara.co.jp

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