Judicial Symposium on Intellectual Property/ TOKYO 2017
-IP Dispute Resolution in ASEAN Plus Three (Japan-China-Republic of Korea)-

November 29, 2017

Contents

Outline
Greetings
Program
Speakers Info
Reference

1. Outline

Dates	Mon., October 30 - Wed., November 1
Venue	Auditorium “Creo”, Bar Associations Building 1-1-3 Kasumigaseki, Chiyoda-ku,Tokyo
Organized by	Supreme Court, Intellectual Property High Court, Ministry of Justice, Japan Patent Office, Japan Federation of Bar Associations, IP Lawyers Network Japan
Supported by	Ministry of Foreign Affairs of Japan, Japan International Cooperation Agency, International Civil and Commercial Law Centre Foundation, Intellectual Property Strategy Headquarters, KEIDANREN (Japan Business Federation), International Association for the Protection of Intellectual Property of Japan, Japan Intellectual Property Association, Japan Patent Attorneys Association, Japan External Trade Organization, Agency for Cultural Affairs (Government of Japan)

2. Greetings

Misao Shimizu
Chief Judge, Intellectual Property High Court

Intellectual Property High Court of Japan will co-host a Judicial Symposium on Intellectual Property / TOKYO 2017 with the Supreme Court of Japan, Ministry of Justice of Japan, Japan Patent Office, Japan Federation of Bar Associations, and IP Lawyers Network Japan. This will be the first year for this event, and we have invited judges and lawyers from Japan, China, Korea, and ASEAN countries for a discussion on the theme of “IP Dispute Resolution in ASEAN Plus Three (Japan-China-Republic of Korea)”.

With the globalization of our economy, we have been facing an internationalization of IP related disputes in recent years. It is becoming more important than ever that we should have a mutual understanding on legal systems and litigation management of other countries including the emerging Asian countries. Given this situation, Intellectual Property High Court of Japan has strived to promote international communications and information dissemination through active participations of judges at international conferences around the world, exchange of views with foreign visitors to our court including legal experts, researchers, and government officials, and a translation of our website into foreign languages.

This symposium is a fruit of these activities by our court, and we will endeavor to further develop these seeds.

At this symposium, we will hold mock trials on gathering of evidence in patent litigation with the participation of judges and lawyers from Japan, China, Korea, and Singapore. Various programs are being planned including a case review on trademark similarity by ASEAN countries, keynote speech on business and IP related disputes, and panel discussions on validity of patents and similarity of trademarks.

We believe this symposium will be a precious opportunity for experts of intellectual property from Asian countries to gather and deepen our discussions over the above topics from various standpoints. We are confident that this symposium will deliver valuable and useful information to all of our participants.

Intellectual Property High Court
Chief Judge
Misao Shimizu

Hiromu Kurokawa
Vice-Minister of Justice

The Judicial Symposium on Intellectual Property, which addresses legal solutions of intellectual property disputes in Asian countries, is being held for the first time.

This symposium, the first of this kind, will take place over three days, under the joint organization of the Ministry of Justice, Supreme Court, Intellectual Property High Court, Patent Office, Japan Federation of Bar Associations and iPLNet Japan. Invited participants will be legal practitioners from ASEAN member countries, as well as China and Korea.

As manifested in the Japanese government’s Intellectual Property Strategic Program, in order to promote the creation, protection and use of intellectual properties (IPs), a key pillar is to strengthen international cooperation in this field.

The Ministry of Justice engages, not only in the implementation of anti-counterfeit goods and anti-pirated copies policies for the domestic market, but also in legal technical assistance, including the IP law field, toward the ASEAN region which is experiencing remarkable economic growth. In this manner, the Ministry of Justice has contributed to the global development of IP laws, through assistance in legislative-drafting, in the establishment of foundations for proper legal operation, as well as in human resource development responsible for legal operation.

In this symposium, the Ministry of Justice is holding a panel discussion on a sample case in which a difficult decision will be required on the similarities of trademarks, as well as presentations on IP law systems in the ASEAN region by invited specialists. Other organizers are also planning a mock trial, lectures and other interesting programs.

Specialists in IP laws invited from Asian countries, partner countries of Japan’s legal cooperation, are assembling to share their knowledge and expertise. We sincerely believe such a valuable opportunity provided by this symposium will lead to not only further development of IP laws in the participating countries (including Japan), but also to improved legal cooperation activities, as well as to the strengthening of the IP network among the participating countries.

The participation of lawyers, scholars, patent attorneys, and business people engaged in the IP field, as well as individuals with interests in IP and international cooperation by the Ministry of Justice, is highly anticipated. It is my sincere hope that this symposium will be a meaningful opportunity for each participant to gain a deeper understanding of the IP system and international cooperation activities of the Ministry of Justice.

Vice-Minister of Justice
Hiromu Kurokawa

Naoko Munakata
Commissioner of the Japan Patent Office

I am pleased to announce that the Judicial Symposium on Intellectual Property TOKYO 2017 will be held in Tokyo, Japan from October 30th to November 1st, 2017. The Japan Patent Office (JPO) is honored to be co-hosting the event.

From the viewpoint of the fast-growing developing countries, intellectual property systems will not only become the basis for introducing technologies from foreign companies, but also serve as important infrastructure for developing new technologies and generating innovation.

Rapid developments in information communications technologies have also sparked new connections between things, technology, people, and companies across borders.

In response to these trends, we need to develop a business environment that ensures appropriate protection for IP in every single market in the world by working hand in hand with all concerned parties in each country.

The JPO has been working to realize such an environment by, for example, promoting the harmonization of IP systems among the major powers; expanding the Patent Prosecution Highway (PPH); and supporting the development of IP systems in developing countries by sending out experts from the JPO and also welcoming officials from those countries to Japan for training.

As part of the same endeavor, the Judicial Symposium is aimed at fostering mutual understanding of IP systems in Japan, China, Korea, and ASEAN.

The JPO will invite judges from China, Korea, and ASEAN to participate in the third day of the Symposium to elicit active discussion on themes including determination of inventive step, determination of trademark similarity, and remedies for bad-faith trademark filings.

A wide variety of programs will also be planned for the first and second days, including mock trials on the collection of evidence in patent litigation and presentations by the participating countries on their respective IP systems.

I am confident that this Symposium will help all users of IP systems, such as industry, lawyers and patent attorneys, to gain a deeper understanding of IP dispute resolution in Japan, China, Korea, and ASEAN, contributing over the long term to the construction of a global IP protection framework.

We look forward to welcoming guests and representatives to this Symposium.

Commissioner of the Japan Patent Office
Naoko Munakata

Kazuhiro Nakamoto
President of the Japan Federation of Bar Associations

The “Judicial Symposium on Intellectual Property / TOKYO 2017” will be held for 3 days, starting on October 30, 2017, at Bar Associations Building. This symposium will be the largest event on intellectual property (IP) ever held by the Japan Federation of Bar Associations (JFBA) and Intellectual Property Lawyers Network Japan, which was established by practicing lawyers in association with the activities of the JFBA. We will be having a program on the topic of “IP Dispute Resolution in ASEAN Plus Three (Japan-China-Republic of Korea)”, which include a mock trial and panelist session featuring active judges and lawyers at the top of their field as our speakers. The lawyers who will participate in each program will discuss their individual views based on their unique experience at all stages on IP ranging from providing legal advice for avoiding disputes to resolution of disputes, and we greatly look forward to their contributions to a successful symposium.

In these days, we have been seeing acceleration of globalization in the activities of people and society as a whole, as well as in the business activities that support them. Furthermore, we have also been witnessing the elimination of borders from scenarios including the creation, assignment, and enforcement of rights in the field of IP, which is the foundation of creative activities and business activities for both companies and individuals. It is vital to appropriately develop an improved judicial system in order to support the international activities utilizing IP, and this cannot be achieved by Japan alone. One of the most important aims of the JFBA is to develop a system of civil justice that is dependableand convenient for all users. The JFBA will continue to make efforts for international development of the system of civil justice from the standpoint of legal practitioners, who are responsible for establishment of justice.

With the globalization of business activities, it is expected that IP transactions and disputes will be also globalized and increase complexity. In a time when Japanese and foreign IP practitioners are requested to make respective effort and cooperate with each other, we believe that this symposium, which has invited experts from Japan, China, Korea, and other ASEAN countries, will be highly meaningful for all of the participants.

President of the Japan Federation of Bar Associations
Kazuhiro Nakamoto

Yoichiro Komatsu
IP Lawyers Network Japan

We are pleased and proud to co-host the “Judicial Symposium on Intellectual Property / TOKYO 2017” this year from October 30 to November 1 with the participation of judges and lawyers, who are experts on intellectual property ("IP") in Japan, China, Republic of Korea, and ASEAN countries.

Our organization, Intellectual Property Network Japan ("iPLNet Japan "), was founded in April 2005 when the Intellectual Property High Court was established. This was one of the achievements of the activities through which the Japan Federation of Bar Associations ("JFBA") assisted progress of the legal system and services in the area of IP. Since establishment, we have been acting for various events, including international symposiums.

iPLNet Japan, having a team for international activities, visited such countries as Thailand, Indonesia, Myanmar, Singapore, and Republic of Korea, together with the JFBA. In order to find appropriate measures for resolution of globalized IP disputes through comparative study of legal systems in relation to IP, we held, with the support from Japanese lawyers living and working in those countries and related organizations, study sessions and seminars jointly with local judges and practicing lawyers. Having said that, the scope of our activities in the private sector is still limited while the Supreme Court, Intellectual Property High Court, Ministry of Justice, Patent Office, and other public organizations in Japan have closely cooperated with the countries, which are participating in this Symposium.

The theme selected for this symposium is “IP Dispute Resolution in ASEAN Plus Three (Japan-China-Republic of Korea)”, and the program includes mock trials focusing on procedures of patent litigations for collecting information held by counter parties as well as a panelists session focusing on how similarity of trademarks is judged, all of which must be very interesting and informative. We are confident in that all experts from Japan, China, Republic of Korea, and ASEAN countries will be closely connected to each other through the program and that such connection would contribute to the great system for creation, protection, and utilization of IP.

IP Lawyers Network Japan
Yoichiro Komatsu

3. Program

First day, Monday 30 October, 2017
10:00	Opening
10:00-10:15	Greeting Misao Shimizu,Chief Judge,Intellectual Property High Court
10:15-10:30	Case Explanation ～Gathering evidence in the patent litigation～ Masaki Sugiura,Judge,Intellectual Property High Court
10:30-10:40	Outline of the Procedure for IP Infringement Litigation（Japan） Ayako Morioka,Judge, Intellectual Property High Court
10:40-11:30	Mock Trial（Japan） Misao Shimizu,Chief Judge,Intellectual Property High Court Motoyuki Nakashima,Judge,Intellectual Property High Court Sumiko Sekine,Judge,Intellectual Property High Court Satoshi Sato,Judicial Research Official,Intellectual Property High Court Shigetoshi(Toshi) Hirano,Attorney at Law, Oh-Ebashi LPC & Partners Shinichi Murata, Attorney at Law, Kaneko & Iwamatsu
11:35-12:35	Mock Trial（China） Zhang Xiaojin,Chief Judge,Beijing Intellectual Property Court Qixue WEI ,Attorney at Law,Linda Liu & Partners Jie CHEN, Attorney at Law,Linda Liu & Partners Liu Lei, Attorney at Law,Beijing Kangda Law Firm Yan Lian,Attorney at Law,Beijing Kangda Law Firm Lin HAN,Attorney at Law,Beijing Kangda Law Firm
12:35-14:10	Lunch Break
14:10-15:10	Mock Trial（Republic of Korea） Hwan-Soo KIM,Presiding Judge,Patent Court of Korea Sang-Wook Han,Attorney at Law,KIM & CHANG Yoon-Hee KIM, Attorney at Law,SHIN & KIM
15:15-15:25	Outline of the Procedure for IP Infringement Litigation (Singapore) Cheng Pei Feng, District Judge; Assistant Registrar, Supreme Court of Singapore
15:25-16:15	Mock Trial (Singapore) George Wei, Justice, Supreme Court of Singapore Edwin San, District Judge; Senior Assistant Registrar, Supreme Court of Singapore Cheng Pei Feng, District Judge; Assistant Registrar, Supreme Court of Singapore Wong Baochen, District Judge; Assistant Registrar, Supreme Court of Singapore Tony Yeo, Attorney at Law, Drew & Napier LLC Foo Maw Jiun, Attorney at Law, Dentons Rodyk & Davidson LLP
16:15-16:30	Break
16:30-17:30	Panel Discussion ～Overview of Mock Trial～ Misao Shimizu,Chief Judge,Intellectual Property High Court Motoyuki Nakashima,Judge,Intellectual Property High Court Sumiko Sekine,Judge,Intellectual Property High Court Shigetoshi(Toshi) Hirano,Attorney at Law, Oh-Ebashi LPC & Partners Shinichi Murata, Attorney at Law, Kaneko & Iwamatsu Zhang Xiaojin,Chief Judge,Beijing Intellectual Property Court Qixue WEI ,Attorney at Law,Linda Liu & Partners Hwan-Soo KIM,Presiding Judge,Patent Court of Korea Sang-Wook Han,Attorney at Law,KIM & CHANG George Wei, Justice,Supreme Court of Singapore Tony Yeo, Attorney at Law,DREW&NAPIER LLC
17:30	End on the First Day

Second day, Tuesday 31 October, 2017
9:30-12:00	Panel Discussion on Trademark Working Session 1 Moderator Yasufumi Shiroyama, Attorney at Law, Anderson Mori & Tomotsune (Japan) Panelists Cambodia Chay Chandaravan, Judge, the Appellate Court You Bunna, Judge, the Appellate Court Laos Chanthanom Sirivath, Justice, Civil Chamber of the People’s Supreme Court Ompasa Sayakoummane, Vice Chief Judge of Criminal Chamber of the People’s Central High Court Myanmar Myo Tint, Justice, the Supreme Court of the Union Min Thant, Assistant Director, Law and Procedure Department, Office of the Union Judiciary Supervision, the Supreme Court of the Union Thailand Phattarasak Vannasaeng, Justice, the Supreme Court Toon Mek-Yong, Research Justice, the Supreme Court Viet Nam Nguyen Dac Dung, Intermediate Judge, People’s Court of Bac Ninh Phan Ngoc Hoang Dinh Thuc, Judge, People’s Court of Long An Province MC Eisaku Yokoyama, Government Attorney and Professor, Research and Training Institute of the Ministry of Justice (Japan) Working Session 2 Moderator Yuriko Sagara, Attorney at Law, Nakamura & Partners (Japan) Panelists Brunei Harnita Zelda Skinner, Senior Registrar, the Supreme Court Pg Masni Pg Hj Bahar, Senior Magistrate/Intermediate Court Judge Indonesia Pujiastuti Handayani, S.H., M.H., Chief Judge, Tanjung Karang District Court Anne Rusiana, S.H., M.Hum, Judge, Surabaya District Court Malaysia Hanipah Binti Farikullah, Judge, Kuala Lumpur High Court Wong Kian Kheong, Judicial Commissioner, Intellectual Property Division, Kuala Lumpur High Court Philippines Dennis Zaballero Alcantar, Executive Judge, Regional Trial Court, Cagayan de Oro City Remigio Magsino Escalada, Jr., Presiding Judge, Regional Trial Court, Branch 123, Caloocan City MC Kazuyuki Higashio, Government Attorney and Professor, Research and Training Institute of the Ministry of Justice (Japan)
12:00-14:00	Lunch Break
14:00-14:40	Reports on the Result of Discussions in Working Sessions Moderator of the Working Session 1: Yasufumi Shiroyama, Attorney at Law, Anderson Mori & Tomotsune (Japan) Moderator of the Working Session 2: Yuriko Sagara, Attorney, Nakamura & Partners (Japan) MC Machiko Watanabe, Government Attorney and Professor, Research and Training Institute of the Ministry of Justice (Japan)
14:40-15:40	Summary Discussion Moderator Yasufumi Shiroyama, Attorney at Law, Anderson Mori & Tomotsune (Japan) Panelists Brunei Harnita Zelda Skinner, Senior Registrar, the Supreme Court Pg Masni Pg Hj Bahar, Senior Magistrate/Intermediate Court Judge Cambodia Chay Chandaravan, Judge, the Appellate Court You Bunna, Judge, the Appellate Court Indonesia Pujiastuti Handayani, S.H., M.H., Chief Judge, Tanjung Karang District Court Anne Rusiana, S.H., M.Hum, Judge, Surabaya District Court Japan Yuriko Sagara, Attorney at Law, Nakamura & Partners Laos Chanthanom Sirivath, Justice, Civil Chamber of the People’s Supreme Court Ompasa Sayakoummane, Vice Chief Judge of Criminal Chamber of the People’s Central High Court Malaysia Hanipah Binti Farikullah, Judge, Kuala Lumpur High Court Wong Kian Kheong, Judicial Commissioner, Intellectual Property Division, Kuala Lumpur High Court Myanmar Myo Tint, Justice, the Supreme Court of the Union Min Thant, Assistant Director, Law and Procedure Department, Office of the Union Judiciary Supervision, the Supreme Court of the Union Philippines Dennis Zaballero Alcantar, Executive Judge, Regional Trial Court, Cagayan de Oro City Remigio Magsino Escalada, Jr., Presiding Judge, Regional Trial Court, Branch 123, Caloocan City Thailand Phattarasak Vannasaeng, Justice, the Supreme Court Toon Mek-Yong, Research Justice, the Supreme Court Viet Nam Nguyen Dac Dung, Intermediate Judge, People’s Court of Bac Ninh Phan Ngoc Hoang Dinh Thuc, Judge, People’s Court of Long An Province MC Machiko Watanabe, Government Attorney and Professor, Research and Training Institute of the Ministry of Justice (Japan)
16:00-16:50	Presentations ～Overseas Research and Study Program on IP Conflicts, etc.～ Takashi IKEDA, Attorney at Law, Takashi IKEDA Law Office,LPC Takefumi Suzuki, Attorney at Law, Nishimura＆Asahi Yumiko Chiba, Attorney, Judicial System Department, Ministry of Justice Kazuyuki Iga, Attorney, Judicial System Department, Ministry of Justice
17:00-17:30	Conclusion Tatsuya Sakuma, President, Research and Training Institute of the Ministry of Justice
17:30	End on the Second Day

Third day,　Wednesday, November 1, 2017
9:30-9:40	Keynote Speech Naoko Munakata, Commissioner, the Japan Patent Office (JPO)
9:40-10:30	Business and IP disputes in Asia Kazuhiko Tsutsumi, Chair of Sub-Committee on Policy Planning of Committee on Intellectual Property, KEIDANREN Toshiya Watanabe, Vice President, the University of Tokyo
10:30-10:45	Q & A Moderator Izumi Hayashi, Attorney at Law, Sakurazaka Law Offices
10:45-12:15	Panel Discussions Theme 1: Case Study on Determination of Inventive Step ～Provided by the “Trial and Appeal Practitioner Study Group”～ Moderator Shoichi Okuyama, Patent Attorney, Okuyama & Sasajima Presenter Kimitaka Murakami, Chief Administrative Judge, the JPO Panelists Toshihide Abe, Executive Chief Administrative Judge, the JPO Makiko Takabe, Presiding Judge, Intellectual Property High Court Hiroya Okumura, Global Head of IP, Takeda Pharmaceutical Company Limited Zhang Xiaojin, Chief Judge, Beijing Intellectual Property Court Hwan Soo KIM, Presiding Judge, Patent Court of Korea
12:15-13:00	Lunch Break
13:00-14:30	Theme 2: Case Study on Determination of Similarity of Trademarks ～Provided by the “Trial and Appeal Practitioner Study Group”～ Moderator Masashi Kurose, Patent Attorney, Kurose IP Management Presenter Hirofumi Aoki, Senior Director of the Board of Trial and Appeal, the JPO Panelists Toshihide Abe, Executive Chief Administrative Judge, the JPO Yoshiyuki Mori, Presiding Judge, Intellectual Property High Court Hiroaki Sano, General Manager of IP Department, Sumitomo Electric Industries, Ltd. Zhou Liting, Judge, Beijing Intellectual Property Court Jootag Yoon, Judge, Patent Court of Korea George Wei, Justice, Supreme Court of Singapore
14:30-15:00	Break
15:00-16:30	Theme 3: Discussion ～ IP Dispute Resolution in ASEAN ～ Moderator Ryu Takabayashi, Professor, Waseda University Panelists Pg Masni Pg Hj Bahar, Senior Magistrate/Intermediate Court Judge, Brunei You Bunna, Judge, the Appellate Court, Cambodia Pujiastuti Handayani, S.H., M.H., Chief Judge, Tanjung Karang District Court, Indonesia Chanthanom Sirivath, Justice, Civil Chamber of the People’s Supreme Court, Laos Hanipah Binti Farikullah, Judge, Kuala Lumpur High Court, Malaysia Min Thant, Assistant Director, Law and Procedure Department, Office of the Union Judiciary Supervision, the Supreme Court of the Union, Myanmar Remigio Magsino Escalada, Jr., Presiding Judge, Regional Trial Court, Branch 123, Caloocan City, Philippines Toon Mek-Yong, Research Justice, the Supreme Court, Thailand Nguyen Dac Dung, Intermediate Judge, People’s Court of Bac Ninh, Viet Nam
16:30-16:50	Closing Remarks Toshihiko Tsuruoka, Presiding Judge, Intellectual Property High Court Hiroshi Kikuchi, Assistant Vice-Minister of Justice, the Ministry of Justice Reeko Imamura, Director-General, the Trial and Appeal Department, the JPO Kazuhiro Nakamoto, President, the Japan Federation of Bar Associations