A Study on Requirements for Establishment of Prior User Right for a Numerical Limitation Invention ― Based on an Appeal Decision ruled by the Intellectual Property High Court of Japan ―

2020 ◽  
Vol 15 (2) ◽  
pp. 49-74
Author(s):  
Sang Hoon Shin
Keyword(s):  
Intellectual Property ◽  
High Court ◽  
Appeal Decision

History of the formation and development of the institute of intellectual property in Japan

2021 ◽  
Vol 2021 (04-2) ◽  
pp. 207-213
Author(s):  
Viktor Shestak ◽  
Angelina Anikanova
Keyword(s):  
Intellectual Property ◽  
Legal System ◽  
State Policy ◽  
Property Law ◽  
Patent Office ◽  
High Court ◽  
Advanced Technologies ◽  
Economic Culture ◽  
Priority Direction ◽  
History Of

The development of the legal system of any country is impossible without the protection of intellectual property. Japan, as a country with an economic culture of exporting technologies and equipment, pays special attention to this issue. First of all, this is due to the priority direction of the state policy of Japan, a country of advanced technologies and innovations. The whole system of creation and protection of the intellectual property in Japan is regulated by the Copyright Act (Act No. 48 of 1970), Intellectual Property (Law No.122 of 2002), disputes shall be resolved in the Intellectual Property High Court, and the registration procedure takes place in the Japan Patent Office.

scholarly journals The Lodge Case and the Misapplication of the Per Se Cartel Provisions of the Commerce Act 1986

2019 ◽  
Vol 50 (3) ◽  
pp. 551
Author(s):  
Edward Willis
Keyword(s):  
Real Estate ◽  
Competition Law ◽  
Case Law ◽  
High Court ◽  
Per Se ◽  
Appeal Decision ◽  
Court Of Appeal

An arrangement to fix, control or maintain prices is the classic competition law per se offence, and is deemed to substantially lessen competition under s 30 of the Commerce Act 1986. However, it is currently unclear when arrangements that do not explicitly concern price fall within the ambit of s 30. This article examines the recent Court of Appeal decision in Commerce Commission v Lodge Real Estate Ltd which found that the defendants were liable under the per se offence provisions. It contends that the Court of Appeal took the overseas case law out of context, misunderstood key factual findings made by the High Court at first instance and overlooked important legal and policy considerations. As a result it is argued that Lodge sets an unfortunate precedent that should be overruled or strictly confined to its own facts.

3. The Civil Courts

2018 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Intellectual Property ◽  
Free Choice ◽  
Common Law ◽  
England And Wales ◽  
High Court ◽  
Family Division ◽  
Civil Courts

This chapter describes the civil courts in England and Wales. It covers the composition and administration of magistrates’s courts, County Court, and the High Court; jurisdiction; High Court Divisions (Queen’s Bench Division (QBD), Chancery Division (ChD), and Family Division), and specialist courts (Business and Property Courts, Technology and Construction Court, Commercial Court, Administrative Court, Companies Court, Patents Court, and Intellectual Property Enterprise Court). For most civil claims the claimant has a free choice between the High Court and the County Court. Common law claims are suitable for the Queen’s Bench Division, whereas equity claims are more suitable for the Chancery Division. The High Court should be used for the more important and complex claims.

Tobacco Plain Packaging in Australia: JT International v Commonwealth and Beyond

2017 ◽  
Vol 17 (2) ◽  
pp. 1
Author(s):  
Catherine Bond
Keyword(s):  
Intellectual Property ◽  
Legal Issues ◽  
Legal Action ◽  
Tobacco Products ◽  
High Court ◽  
Plain Packaging ◽  
Subsequent Challenge ◽  
High Court Of Australia

For as long as plain packaging legislation had been floated as an option for tobacco products, tobacco companies had threatened legal action against such a regime. Those threats became action when, two tobacco companies separately commenced litigation in the High Court of Australia claiming that the Tobacco Plain Packaging Act 2011 (Cth) breached section 51(xxxi) of the Australian Constitution. Yet, the Act survived that challenge and remains in force to this day. This article reviews the introduction of the Act and subsequent challenge, and closely analyses the judgments comprising the decision in JT International v Commonwealth. It then examines how plain packaging has operated in practice, including enforcement of the regime and unexpected legal issues arising from its application. This article concludes with a reflection on what the Commonwealth’s victory regarding plain packaging means for constitutional intellectual property issues more generally. 

INTELLECTUAL PROPERTY: High Court Reins In Patent Pirates

Science ◽  
2002 ◽  
Vol 296 (5574) ◽  
pp. 1778b-1779
Author(s):  
D. Malakoff
Keyword(s):  
Intellectual Property ◽  
High Court

The Infringement of Foreign Intellectual Property Rights—A Restatement of the Terms of Engagement

1998 ◽  
Vol 47 (3) ◽  
pp. 659-679
Author(s):  
Stuart Dutson
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
North Sea ◽  
High Court ◽  
The North ◽  
Recent Developments ◽  
The North Sea

“Until comparatively recently, intellectual property rights were viewed as entirely national in scope and effect … the courts here could not and would not try issues of validity and infringement of foreign intellectual property rights.” The recent developments that Laddie J was referring to have led to the High Court exercising a much expanded jurisdiction in cases of intellectual property infringements and international litigation. These developments mean that there is yet another reason why international litigants could be attracted to the English courts. However, they have also led to new battles for territory fought out across the North Sea.

scholarly journals NATIONAL STRATEGY OF INTELLECTUAL PROPERTY IN UKRAINE IN THE CONTEXT OF INTERNATIONA OBLIGATIONS

2020 ◽  
Author(s):  
Катерина Горбачова ◽  
Валентина Нежевело ◽  
Ірина Хайхан
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Judicial Reform ◽  
National Strategy ◽  
Association Agreement ◽  
High Court ◽  
The Creation ◽  
The Eu

In times of a deep economic crisis, international support, including economic support, depends largely on fulfillment of the international obligations undertaken by Ukraine. Due to the complexity of the reforms implemented by Ukrainian society, political infighting, lack of politicalwill, unity and consistency in the implemented reforms, our country today recognizes the improper and untimely implementation of certain provisions of the Association Agreement with the EU. Intellectual activity permeates all spheres of society, its results, intellectual property rights are in constant development, changing, new objects appear, which presents new requirements for legal systems, on the legal regulation of the specified sphere, and arising out legal relationships. Today, implementation of the Association Agreement with the EU, one of the Chapters of which is the field of intellectual property, assumes of economic and political importance. However, even the judicial reform introduced and the creation of the High Court on Intellectual Property have not deliver their expected results. All because of inconsistency of actions of legislative and executive branches of power, lack of systematicity in reform, and its insufficient substantiation.That is why, today, there is a growing need for the adoption of the National Strategy for the Development of the Intellectual Property Sphere for the period 2020–2025, which should become a comprehensive reflection of the state policy in the field of intellectualproperty. As to its legal nature, the National Strategy for the Development of Intellectual Property is a set of measures aimed at: (creating) promoting and encouraging the creation of intellectual property rights; (use) the introduction of favorable conditions andmechanisms for the use of intellectual property rights in production and other economic sectors; establishment of effective public administration in the field of intellectual property; increase of efficiency of activity of state institutions of the intellectual property protection system, examination of applications and issuance of security documents; improvement of legislation on protection of intellectual property rights; improving the mechanisms of protection of intellectual property rights; formation of a high level of culture and education in the field of intellectual property in order to build a competitive national economy, based on knowledge and innovation and implemented by the Government of our country. The effectiveness of the Strategy depends on the successful implementation of judicial reform and the effective work of the High Court on Intellectual Property.

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