Japan

Case Law, Japan, Pharma

, (Abe, Ikubo & Katayama)/

In Japanese patent litigation, calling expert witnesses is very rare and the parties usually try to prove common technical knowledge (CGK) by submitting documentary evidence, such as publications available as of the priority date and written expert declarations. Thus, parties need to be aware that descriptions in the publications are crucial and cannot be supplemented…

Japan, Legislation

, (Abe, Ikubo & Katayama)/

On 14 September 2021, the Japan Patent Office (JPO) announced that most of the amendments to the Patent Act and other intellectual property laws, which were promulgated on 21 May 2021, will come into force on 1 April 2022.  The amendments cover various matters such as the introduction of online oral hearings at the trial…

Case Law, Japan, Patents, Pharma

, (Abe, Ikubo & Katayama)/

In the pharma industry, constant battles have been taking place for many decades  between innovators and generics.  More recently, battles among innovators have also started to occur.  This post concerns a case which may have an impact on the development strategies of innovators, as well as licensing strategies of universities and public research institutions which…

(Compulsory) license, Compulsory Licensing Series, Japan

(Emory University School of Law)/

Legal Basis The legal basis for compulsory licenses under Japanese Patent Law is Article 83 of the Japanese Patent Act (Patent Act), which stipulates that, “Where a patented invention is not sufficiently and continuously worked for 3 years or longer in Japan, a person intending to work the patented invention may request the patentee or…

Japan, SEP

(City, University of London) and (London School of Economics)/

A Study Group appointed by the Japanese Ministry of Economy, Trade and Industry has recently published Guidelines on Fair Value Calculation of Standard Essential Patents for Multi-Component Products. The Group was composed of high-profile Japanese lawyers and academics. The guidelines represent an important intervention into the ongoing debate concerning the tension between standard essential patents…