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In Case Your IPR is Infringed -Related Precedents

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APEC IPR Policy Progress Mapping

Judgments of the Supreme Court of Japan relating to IPRs

  • Home page of the Supreme Court of Japan provides English translation of judgments of Japan's supreme court. Records of judgment relating to IPR are available by searching relevant terms such as "patent," "trademark," and "copyrights".
  • You can visit the Supreme Court of Japan via the below link.

1. Judgments searched by "Patents"

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 Judgment of the Supreme Court, Third Petit Bench Dismissed

[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 of the Supreme Court, First Petit Bench, Dismissed

[Original Instance Court] Tokyo High Court

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
 

2. Judgments searched by "Trademarks"

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

3. Judgments searched by "Designs"

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
 

4. Judgments searched by "Copyrights"

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

Division in Charge

Office for Intellectual Property Right Infringement and International Trade, Manufacturing Industries Bureau
Tel: +81-3-3501-1701
Fax: +81-3-3501-6588

 
Ministry of Economy, Trade and Industry
1-3-1 Kasumigaseki, Chiyoda-ku, Tokyo 100-8901, Japan Tel: +81-(0)3-3501-1511
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