The Supreme Court of Japan 　

Case Name

Date of Judgment

Result

Case to seek compensation

2003.4.22

Judgment of the Third Petty Bench, dismissed Court of the Second Instance: Tokyo High Court, Judgment of May 22, 2001

Claim for damages, etc.

2002.9.26

Judgment of the First Petty Bench, dismissed Second instance court: Tokyo High Court, Judgment of January 27, 2000

Case to seek injunction against infringement copyright

2002.04.25

Judgment of the First Petty Bench, dismissed Second instance court: Osaka High Court, Judgment of March 29, 2001

claim for the revocation of the decision of the patent office to annul a patent

2002.03.25

Judgment of the Second Petty Bench, quashed and remanded by the Supreme Court Second instance court: Tokyo High Court, Judgment of March 12, 2001

A case to demand to undertake the procedure to alter the name of the applicant for a patent

2001.06.12

Judgment of the Third Petty bench, quashed and decided by the Supreme Court Court of the Second Instance: Naha Branch of Fukuoka High Court, Judgment of July 31, 1997

Judgment upon case where claim for injunction denied based on invalidity of patent

2000.4.11

Judgment of the Supreme Court, 3rd Petty Bench, dismissed Tokyo High Court Decision, September 10, 1997

The Capability of Repetition in the Methods of Breeding and Multiplication of New Breeds of Plants

2000.2.29

[Original Instance Court] Tokyo High Court

The Fate of the other Proceeding in a Case where there are Parallel Proceedings for the Annulment of Paten based upon the same Facts and Evidence and in One of the Claims, Adjudication Took Effect and was Registered

2000.1.27.

Judgment upon the case concerning 'the period in which the patented invention could not be worked' due to the necessity of obtaining approval of production, etc., as provided by the Law on Pharmaceutical Business, which serves as a ground for the registration of extension of the period of subsistence of the patent

1999.10.22

Judgment of the Second Petit Bench, October 22, 1999; quashed and ruled by the Supreme Court

Judgment upon the concerning the availability of an injunction against the production and sale of products whose quality standard was confirmed by using a method which is patented as an invention of method

1999.7.16

Judgment of the Second Petit Bench, July 16, 1999; quashed and ruled by the Supreme Court [Second Instance Court]  Osaka High Court, Judgment of November 18, 1997

Judgment upon the case concerning the conducting of a test needed for the application of so-called following pharmaceutical products for the approval provided by Art.14 of the Law on Pharmaceutical Business and 'working of a patented invention for testing or research' as provided by Art.69, para.1 of the Patent Law

1999.4.16

Judgment of the Second Petit Bench, April 16, 1999; dismissed [the Second Instance Court] Osaka High Court, Judgment of May 13, 1998

Revocation of a patent office decision

1999.3.9

Judgment of the Third Petty Bench, quashed and decided by the Supreme Court Court of the Second Instance: Tokyo High Court, Judgment of August 3, 1995

Judgment upon the case where products of another person was found to be within the technical scope of the patented invention for being identical in construction as indicated in the scope of claim in the patent specification

1998.2.24

Judgment of the Third Petit Bench, February 24, 1998: quashed and reversed [Second Instance Court] Tokyo High Court, Judgment of February 3, 1994

Judgment upon case of the availability of an injunction based upon a patent right against so-called parallel import

1997.7.1

Judgment of the Third Petit Bench, July 1, 1997, dismissed [Second Instance Court] Tokyo High Court Judgment of March 23, 1995

Prohibition on trademark infringement, etc.

1997.3.11

Judgment of the Third Petty Bench, dismissed Second instance court: Takamatsu High Court, Judgment of March 28, 1994

claim for the recognition of the right based upon prior use and the counter claim for an injunction and compensation based upon a patent and a license

1986.10.3

judgment of the Second Petty Bench, dismissed Court of the Second Instance: Nagoya High Court

Case Name

Date of Judgment

Result

Case to seek damages and injunction against violation of trademark right

2003.02.27

Judgment of the First Petty Bench, dismissed Court of the Second Instance: Osaka High Court, Judgment of March 29, 2002

claim for the revocation of the decision of the patent office

2002.2.22

Judgment of the Second Petty Bench, quashed and remanded Second instance court: Tokyo High Court, Judgment of February 26, 2001

Judgment upon the case concerning the effect that "trademarks that entail the risk of causing confusion with products or services relating to the business of another party" as referred to in Article 4, para.1, subpara.15 of the Trademark Law include trademarks that risk causing confusion in the broad sense of the term.

2000.7.11

revocation of the original judgment and the judgment of the third Petty Bench without return to the original court Original court: Tokyo High Court

Case of violation of the Trademark Law

2000.2.24.

Decision of the First Petty Bench, dismissed Second instance court: Osaka High Court, Judgment of February 13, 1996

Judgment upon case of copyright protection for the so-called character of a figure in a cartoon

1997.7.17

Judgment of the First Petit Bench, July 17, 1997 Partly dismissed and ruled by the Supreme Court without reversal to the lower court [Second Instance Court] Tokyo High Court Judgment of May 14, 1992

Prohibition on trademark infringement, etc.

1997.3.11

Judgment of the Third Petty Bench, dismissed Second instance court: Takamatsu High Court, Judgment of March 28, 1994

Judgment on the part in the trademark SEIKO EYE, with clocks, watches and eyeglasses, etc. as its designated goods, which represents name or concept

1993.9.10

Judgment of the Second Petty Bench; ruling after reversal of original judgment [The Court of First Instance] Tokyo High Court

Judgment on proof of the fact of using the registered trademark in the suit against the appeal decision to revoke the registration of the said trademark for non-use

1991.4.23.

Judgment of the Third Petty Bench; dismissal of an appeal [The Court of First Instance] Tokyo High Court

petition for the elimination, etc. of trademark infringement

1990.07.20

Case Name

Date of Judgment

Result

Claim Against the Appeal Decision

1995.2.24

Judgment of the Second Petty Bench; ruling after reversal of original judgment [The Court of First Instance] Tokyo High Court

Case to seek an injunction against unfair competition, etc., Counterclaim to seek damages

1984.5.29

Judgment of the Third Petty Bench, dismissed Court of the Second Instance: Osaka High Court, Judgment of July 28, 1981

Case Name

Date of Judgment

Result

Case to seek injunction against production and sales, etc.

2004.02.13

Judgment of the Second Petty Bench, partially quashed and decided by the Supreme Court, partially dismissed Court of the Second Instance: Nagoya High Court, Judgment of March 8, 2001

Case to seek injunction against infringement copyright

2002.04.25

Judgment of the First Petty Bench, dismissed Second instance court: Osaka High Court, Judgment of March 29, 2001

Claim for Compensation

2001.06.28

Judgment of the First Petty Bench, partly dismissed, partly quashed and decided by the Supreme Court The Court of the Second Instance: Tokyo High Court

Claim for the Recognition of a Copyright

2001.6.8

Second Petit Bench of the Supreme Court, Judgment Quashed and Reversed [Original Instance Court] Tokyo High Court

claim for an injunction against infringement of copyright

2001.03.02

The Second Petit Bench, the Supreme Court Partly dismissed, partly adjudicated by the Supreme Court [The Original Instance Court] Tokyo High Court

Claim on the Injunction of Copyright Infringement, and a Counter-Claim

2000.9.7

Judgment of the Supreme Court, the First Petit Bench Dismissed [Original Instance Court] Osaka High Court

Judgment upon case of copyright protection for the so-called character of a figure in a cartoon

1997.7.17

Judgment of the First Petit Bench, July 17, 1997 Partly dismissed and ruled by the Supreme Court without reversal to the lower court [Second Instance Court] Tokyo High Court Judgment of May 14, 1992

petition for the elimination, etc. of trademark infringement

1990.07.20

The Second Petit Bench, Judgment Quashed and ruled by the Supreme Court [Original Instance Court] Osaka High Court

claim for the injunction for infringement of copyright on a musical work

1988.03.15

The Third Petit Bench, the Supreme Court, Judgment Partly dismissed by procedural reasons, partly dismissed by substantive reasons [Original Instance Court] Fukuoka High Court

Claim for Compensation

1980.03.28

Judgment of the Third Petty Bench, quashed and reversed Court of the Second Instance: Tokyo High Court, Judgment of May 19, 1976

Claim for the Recognition of the Absence of Copyright and Compensation for the Infringement of Copyright

1978.09.07

Judgment of the First Petty Bench, dismissed Court of the Second Instance: Tokyo High Court

Case to claim the reversal of disposition to reject the application for the purchase of state-owned farmland

1978.7.12

Judgment of the Grand Bench, dismissed Second instance court: Nagoya High Court, Judgment of August 31, 1994