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Judicial Symposium on Intellectual Property / TOKYO 2018
- Global Collaboration for IP Dispute Resolution -

Contents

  1. Outline
  2. Greetings
  3. Program
  4. Speakers Info
  5. Reference

1. Outline

Dates Wed., October 31, 2018 - Thu., November 1, 2018
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, 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

2. Greetings

Makiko Takabe
Chief Judge of the Intellectual Property High Court

The Intellectual Property High Court is co-hosting the Judicial Symposium on Intellectual Property / TOKYO 2018 with the Supreme Court of Japan, the Ministry of Justice of Japan, the Japan Patent Office, the Japan Federation of Bar Associations and the Intellectual Property Lawyers Network Japan.

The Judicial Symposium on Intellectual Property / TOKYO 2017 focused on the theme of IP dispute resolution in Japan, China, Korea and ASEAN countries last fall. This year, we are inviting prominent judges and other legal professionals from Europe and the U.S. as speakers to work on the theme of “Global Collaboration for IP Dispute Resolution”.

In the program provided by the Intellectual Property High Court, judges and lawyers from Japan, Germany, France, the U.K. and the U.S. will conduct mock trials under the judicial system of each country based on a common case. Through the mock trials, we intend to boost mutual understanding of the judicial systems for IP related lawsuits by elucidating the differences between countries. In the subsequent panel discussion by the participants of the mock trials, we would like to review the current proceedings of IP related lawsuits and discuss advisable practices. The Japan Patent Office plans to provide various programs, such as presentations on the current practices of patent trials in Japan, the U.S. and Europe.

The internationalization of IP related disputes has been promoted due to the globalization of business activities and the rapid progress of information and communication technology. The Intellectual Property High Court has been continuously striving to keep up with the trends in the world, and we expect the Symposium held by the court of Japan to contribute to the further development of the practice of IP related lawsuits.

I am convinced that the Judicial Symposium on Intellectual Property / TOKYO 2018 will be a valuable opportunity, not only for lawyers and patent attorneys who involve in IP related lawsuits but also for those in the industrial circles and researchers, to obtain the latest information about intellectual property judiciary in Europe and the U.S., as well as to further deepen the understanding of the judicial system for IP related lawsuits in Japan.

Makiko Takabe
Chief Judge of the Intellectual Property High Court

Hiromu Kurokawa
Vice-Minister of Justice

We are very pleased with the opening of the Judicial Symposium on Intellectual Property / TOKYO 2018.

This symposium has been held since 2017 by the co-sponsorship of the Ministry of Justice, the Supreme Court, the Intellectual Property High Court, the Japan Patent Office, the Japan Federation of Bar Associations and the Intellectual Property Lawyers Network Japan, for the purpose of ensuring the international cooperation, etc. in the area of intellectual property law by sharing and transmitting the information regarding the legal system, etc. on intellectual property of various countries, including Japan, and by inviting legal practitioners from overseas.

As the government’s Intellectual Property Strategic Program shows, it is quite important to develop the international cooperation in this area in order to promote the creation, protection and utilization of intellectual property. The Ministry of Justice has been engaged in international cooperation in this area in such a way as to conduct researches of the dispute resolution systems for intellectual property in European and American countries and publicize the results, and to provide legal technical assistance primarily to ASEAN regions, etc. in various legal fields including intellectual property law.

The symposium of this year has very substantial programs, such as the mock trial and panel discussion regarding patent rights, with the practitioners, each having rich knowledge and experience of intellectual property law, invited from four countries of the U.S., the U.K., Germany and France, and the European Patent Office, along with the Japanese practitioners, as well as lectures by representatives of the intellectual property authorities of Japan, Europe and the United States.

By having the experts of these countries get together at this symposium and sharing their knowledge, we can expect further development of intellectual property law of participating countries including Japan, and we trust that it will lead to strengthening of network for the international cooperation in this area among the participating countries.

We hope that this symposium will be a valuable opportunity for all the people who are interested in the intellectual property.

Hiromu Kurokawa
Vice-Minister of Justice

Naoko Munakata
Commissioner of the Japan Patent Office

I am pleased to announce that the “Judicial Symposium on Intellectual Property / TOKYO 2018” will be held in Tokyo, Japan from October 31st to November 1st, 2018. It is an honor for the Japan Patent Office (JPO) to co-host this symposium.

With the globalization of business activities, it has become difficult to resolve disputes over intellectual property (IP) rights within one country.

In particular, disputes over so-called “standard essential patents (SEPs)” which are essential to implement standards, could arise simultaneously in multiple countries. In response to these trends, the JPO released the "GUIDE TO LICENSING NEGOTIATIONS INVOLVING STANDARD ESSENTIAL PATENTS" in June this year. We hope that this guide will help prevent disputes over SEPs as well as encourage early dispute resolution.

In order to prevent international IP disputes, it is essential to make efforts to improve the predictability of IP systems for IP users through collaboration among IP offices. Furthermore, from now on, it will become important to corporate with judiciaries around the world. I believe that this symposium is one of the critically important opportunities to understand each other’s perspectives on trial, appeal and judicial systems for IP in Japan, Europe and the United States.

The JPO will introduce a trial for patent invalidation followed by a panel discussion using a hypothetical case on the second day of this symposium. In particular, we will present differences in trial and appeal systems, practices and perspectives among the JPO, the European Patent Office (EPO) and the United States Patent and Trademark Office (USPTO) using specific cases. Moreover, a mock trial for the subject of "patent validity issues in patent infringement litigation" will be conducted on the first day.

I am confident that this symposium will help share best practices through discussions among the speakers as well as users of IP systems, such as the industry, lawyers and patent attorneys, and eventually contribute toward improving international IP dispute resolution.

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

Naoko Munakata
Commissioner of the Japan Patent Office

Yutaro Kikuchi
President of the Japan Federation of Bar Associations

Following on from the success of last year, the “Judicial Symposium on Intellectual Property/TOKYO 2018” will be held this year for two days from October 31 at Bar Associations Building.

Once again, lawyers belonging to the Japan Federation of Bar Associations (JFBA), as well as to the Intellectual Property Lawyers Network Japan that was derived from the JFBA’s activities and was established by volunteer lawyers, will appear in the program in coordination with the co-sponsor organizations.

This year in the symposium, judges and lawyers actively working on the front line in Japan, the US, the UK, Germany and France will appear on stage to perform a moot court and panel discussions, among others, all under the theme of “Global Collaboration for IP Dispute Resolution”.

With the rapid development of information and communications technology seen in recent years, we are seeing more and more progression of the globalization of economic activities of corporations and individuals, and of the absence of borders in the creation, spread and exercise of intellectual property rights that provide fundamental support for economic activities. In this connection, we anticipate that transactions and disputes relating to intellectual property will become even more globalized and complicated.

As such, it is important to work on developing an improved judicial system for intellectual property in order to adequately support the globalized activities pertaining to intellectual property. This is not something that our country can achieve on its own.

As we head toward an age in which cooperation with those concerned with IP laws in and out of the country is becoming more necessary than ever, the symposium this year has invited experts from the US and across Europe and should therefore be a highly beneficial event for those who participate, as was the case last year.

The JFBA also aims to further expand the involvement of lawyers in civil and administrative cases, including in the area of intellectual property, by promoting civil judiciary reform. From the standpoint of law practitioners who play a part in the judicial system, we intend to work on the development of the judicial system for intellectual property in cooperation with each relevant organization, whether inside or outside of our country.

I am confident that the “Judicial Symposium on Intellectual Property/TOKYO 2018” will be of tremendous value to all those who take part in the intellectual property judiciary.

Yutaro Kikuchi
President of the Japan Federation of Bar Associations

Wataru Sueyoshi
President of IP Lawyers Network Japan

We are pleased and proud to be co-hosting the “Judicial Symposium on Intellectual Property / TOKYO 2018”. The symposium will feature the participation of judges and lawyers who are experts on intellectual property ("IP") in the US, the UK, Germany, France and Japan.

The Intellectual Property Lawyers Network Japan ("iPLNET Japan") was founded in April 2005 when the Intellectual Property High Court was established in Japan. This was one of the achievements resulting from activities aimed at advancing intellectual property systems and services in Japan, which was possible with the assistance of the Japan Federation of Bar Associations ("JFBA"). Since its establishment, the iPLNET Japan has hosted various events, including international symposiums.

We believe it is necessary for IP practitioners across the globe to proactively seek fair and efficient ways to resolve IP disputes. From that viewpoint, the iPLNET Japan has hosted and participated in various international symposiums around the world. Those symposiums have attracted a great deal of attention from insightful practitioners and achieved tremendous results. We are confident that this symposium will provide all participants with a fascinating and informative experience.

Finally, I would like to say a few words in honor of Dr. Shooen Ono (1932-2018), who was a leader and pioneer in Japanese IP law. Dr. Ono had a great affection for people from all countries and, together with his wife, he generously took care of and guided foreign students in Japan for many years. Thanks to Dr. Ono’s research, education, and humble virtues, Japan’s IP practitioners have been able to take part in profound intellectual property law issues being discussed around the world. With sincere gratitude toward Dr. Ono, we will continue to humbly strive to achieve positive results this year and in the future.

Wataru Sueyoshi
President of IP Lawyers Network Japan

3. Program

First Day , Wednesday 31st October , 2018
9:30-9:45

Greeting

  • Tsuneyuki Yamamoto, Justice, Supreme Court

Case Explanation ~patent validity issues in patent infringement litigation~

  • Hiromitsu Magira, Judge, Intellectual Property High Court
9:45-10:45

Mock Trial(Japan)

  • Makiko Takabe, Chief Judge, Intellectual Property High Court
  • Masaki Sugiura, Judge, Intellectual Property High Court
  • Ayako Morioka, Judge, Intellectual Property High Court
  • Ken Furushou, Judge, Intellectual Property High Court
  • Daisuke Kumagai, Judge, Intellectual Property High Court
  • Shoji Kemmoku, Judicial Research Official, Intellectual Property High Court
  • Yoichiro Komatsu, Attorney at Law, Komatsu Law & Patent office
  • Makoto Hattori, Attorney at Law, Abe, Ikubo & Katayama
10:45-11:45

Mock Trial(Germany)

  • Peter Meier-Beck, Presiding Judge, German Federal Supreme Court
  • Christof Augenstein, Attorney at Law, Kather Augenstein
  • Christopher Weber, Attorney at Law, Kather Augenstein
11:45-11:55 Break
11:55-12:55

Mock Trial(France)

  • Denis Monégier du Sorbier, Attorney at Law, European law firm Hoyng ROKH Monegier
  • Sabine Agé, Attorney at Law, Véron & Associés
  • Amandine Métier, Attorney at Law, Véron & Associés
12:55-14:10 Lunch Break
14:10-15:10

Mock Trial(U.K.)

  • Richard Hacon, Presiding Judge, Intellectual Property Enterprise Court
  • Alex Wilson, Attorney at Law, Powell Gilbert LLP
  • Zoë Butler, Attorney at Law, Powell Gilbert LLP
15:10-16:10

Mock Trial(U.S.)

  • Richard Linn, Judge, United States Court of Appeals for the Federal Circuit
  • Maxwell A. Fox, Attorney at Law, Jones Day
  • Ryan S. Goldstein, Attorney at Law, Quinn Emanuel Urquhart & Sullivan LLP
16:10-16:20 Break
16:20-17:30

Panel Discussion ~Overview of Mock Trial~
Moderators

  • Yoshiyuki Mori, Presiding Judge, Intellectual Property High Court
  • Akira Katase, Judge, Intellectual Property High Court
  • Makoto Hattori, Attorney at Law, Abe, Ikubo & Katayama

Panelists

  • Makiko Takabe, Chief Judge, Intellectual Property High Court
  • Yoichiro Komatsu, Attorney at Law, Komatsu Law & Patent office
  • Peter Meier-Beck, Presiding Judge, German Federal Supreme Court
  • Richard Hacon, Presiding Judge, Intellectual Property Enterprise Court
  • Richard Linn, Judge, United States Court of Appeals for the Federal Circuit
  • Attorneys at Law from each country
17:30 End on the First Day
Second Day , Thursday 1st November , 2018
9:30-9:40

Keynote Speech

  • Kunihiko Shimano, Deputy Commissioner, Japan Patent Office (JPO)
9:45-10:30

Speech (The Latest Situation of Trials and Appeals of Each Office)

  • Reeko Imamura, Director-General, Trial and Appeal Department, JPO
  • Carl Josefsson, President, Boards of Appeal, European Patent Office (EPO)
  • Scott Weidenfeller, Vice Chief Patent Judge, Patent Trial and Appeal
  • Board, United States Patent and Trademark Office (USPTO)
10:30-10:40

Break

10:40-12:10

Speech (Introduction of Trial and Appeal System for Patent Invalidation of Each Office)

  • Toshihide Abe, Executive Chief Administrative Judge, Trial and Appeal Department, JPO
  • Carl Josefsson, President, Boards of Appeal, EPO
  • Scott Weidenfeller, Vice Chief Patent Judge, Patent Trial and Appeal Board, USPTO
12:10-13:30

Lunch Break

13:30-15:15

Panel Discussion (Case Study on Trial and Appeal Procedures for Patent Invalidation)
Moderator

  • Shoichi Okuyama, Patent Attorney, Okuyama & Sasajima

Panelists

  • Reeko Imamura, Director-General, Trial and Appeal Department, JPO
  • Ingo Beckedorf , Chairman, Technical Board of Appeal, EPO
  • Scott Weidenfeller, Vice Chief Patent Judge, Patent Trial and Appeal Board, USPTO
15:15-15:30

Break

15:30-16:30

Panel Discussion (Case Study Related to Whether or Not Claims Can Be Corrected/Amended in a Trial for Invalidation/IPR/Opposition)
Moderator

  • Shimako Kato, Patent Attorney, Abe, Ikubo & Katayama

Panelists

  • Toshihide Abe, Executive Chief Administrative Judge, Trial and Appeal Department, JPO
  • Marco Alvazzi Delfrate, Member, Boards of Appeal, EPO
  • Scott Weidenfeller, Vice Chief Patent Judge, Patent Trial and Appeal Board, USPTO
16:30-17:00

Q&A

  • All Speakers
17:00-17:10 Closing Remarks
Yutaro Kikuchi, President, Japan Federation of Bar Associations

4. Speakers Info

Courts

Attorneys at Law

Patent Offices

Patent Attorneys

5. Reference

1. Collection Book

*Full pages download is available here.(PDF:5,497KB)

2. Reports

3. Press Materials

Press Materials(Japanese)(PDF:686KB)

4. Websites of Organizers

5. Websites of Supporter

[Last updated 6 June 2019]

Contact Us

Appeals Division, Japan Patent Office

FAX: +81-3- 3584-1987

E-mail: PA6B00@jpo.go.jp