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Home> Systems/Procedures> Appeals/Trials> Judicial Symposium on Intellectual Property /TOKYO 2020 ~Latest Developments and Challenges in IP Judiciary in Japan, United States and Europe~

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Judicial Symposium on Intellectual Property /TOKYO 2020
~Latest Developments and Challenges in IP Judiciary in Japan, United States and Europe~

Contents

  1. Event Summary
  2. Greetings
  3. Program
  4. Speaker Information
  5. Reference

1. Event Summary

Date Thursday, January 21, 2021 from 8:00 PM to 11:40 PM (Japan Time)*
(* This schedule is subject to change when necessary.)
Venue Virtual (simultaneously live streamed on the Internet)
Organized by Supreme Court, Intellectual Property High Court, Ministry of Justice of Japan, 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

Videos: Judicial Symposium on Intellectual Property /TOKYO 2020

Videos are now available on the YouTube Channel.
For materials related to the panel discussion, please refer to 5. Reference.

2. Greetings

OTAKA Ichiro, Chief Judge of the Intellectual Property High Court

We are very pleased to co-host the “Judicial Symposium on Intellectual Property / Tokyo 2020 - Latest Developments and Challenges in IP Judiciary in Japan, the United States and Europe”, with the Supreme Court of Japan, the Ministry of Justice, the Japan Patent Office, the Japan Federation of Bar Associations and the Intellectual Property Lawyers Network Japan.

This, the fourth Symposium, will be conducted online and live-streamed to prevent further spread and infection of COVID-19, with participation of judges and administrative patent judges from the U.S., the U.K., Germany and the European Patent Office.

The program provided by the Intellectual Property High Court will invite prominent judges from the U.S., the U.K. and Germany together with Japanese lawyers as panelists for a panel discussion on the themes of: “The Current State of the Doctrine of Equivalents in Patent Infringement Suits”; and “Operation of Court Proceedings under the Impacts of COVID-19”.

Under the theme of “The Current State of the Doctrine of Equivalents in Patent Infringement Suits”, we will hold a discussion on a mock case to elucidate the judgement frameworks and differences in administration of the doctrine of equivalents in each country, with a view to deepening our mutual understanding. We plan to upload to this website in advance a video of a mock trial that introduces the proceedings concerning the doctrine of equivalents in Japan as a material for the debate.

Under the theme of “Operation of Court Proceedings under the Impacts of COVID-19”, panelists will exchange information by outlining the latest conditions in their respective countries.

We are confident that this symposium will be a valuable opportunity for deeper understanding of the judicial system regarding intellectual property and court proceedings of Japan, not just for lawyers and patent attorneys engaging in IP litigations but also for those who are in the industry and research institutions, by taking in the latest information regarding the IP judicature in Europe and the U.S., and the true state of affairs regarding court operations under the impacts of COVID-19.

OTAKA Ichiro
Chief Judge of the Intellectual Property High Court

TSUJI Hiroyuki, Vice-Minister of Justice

It is my great pleasure to hold the Judicial Symposium on Intellectual Property 2020.

Since 2017, the Symposium has been co-hosted by 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, inviting practitioners from other countries. The primary purposes of the Symposium are to share and deliver information regarding judicial systems for intellectual property in the countries, including Japan, and to develop international cooperation in the field of intellectual property law.

This year, this Symposium will be held in the form of a web conference due to the COVID-19 pandemic for the first time since it started. Under the sub-title, “Latest Developments and Challenges in IP Judiciary in Japan, the United States and Europe”, we plan to hold a panel discussion on the latest issues regarding intellectual property disputes, including how to deal with the COVID-19 situation, with practitioners in Japan as well as from the U.S., the U.K. and Germany who have ample of knowledge and experience in the field of intellectual property law.

The Japanese government determined the Intellectual Property Strategic Program 2020 in May where a great emphasis is placed on international cooperation in the intellectual property field and sharing information on the settlement of intellectual property disputes with private companies expanding their business overseas.

As the COVID-19 pandemic continues to spread throughout the world, international cooperation in the intellectual property field is becoming more important than ever before in order to address intellectual property disputes in the face of the “New Normal”.

Through this Symposium, I believe that the sharing the latest issues regarding intellectual property disputes will contribute to the further development of the intellectual property field for all participating countries including Japan. It will also be helpful for strengthening the networks among participating countries for international cooperation towards the “New Normal”.

I sincerely hope that this Symposium should provide an invaluable opportunity for all people who are interested in intellectual property.

TSUJI Hiroyuki
Vice-Minister of Justice

KASUTANI Toshihide, Commissioner of the Japan Patent Office

In opening the “Judicial Symposium on Intellectual Property 2020”, it is my great honor to welcome the eminent trial and administrative judges from the U.S and Europe.

2020 was a year in which all global activities were significantly impacted by COVID-19. Similarly, our lifestyles have undergone a rapid transition to teleworking and digitalization.

In light of these circumstances, the Japan Patent Office (JPO) Trial and Appeal Department has endeavored to ensure that trials can proceed without delay, including conducting interviews online and adopting remote working practices to include administrative judges. Furthermore, we have introduced relief measures for persons unable to complete procedures within deadlines due to the impacts of COVID-19.

We are also pursuing ongoing initiatives for enhancing trials and ensuring greater user convenience. Regarding trials for invalidation in 2020, we piloted our Planned Oral Inquiries programme which uses multiple oral inquires conducive to early stage procedures for determining the points at issue, and which allow sufficient assertion and substantiation by concerned parties. Furthermore, pursuant to preventing disputes before they occur or to expedite their swift resolution, we are bolstering initiatives designed to enhance user-friendliness of the advisory opinion system. As part of this programme, regarding standard-essential patents, the “Hantei” (Advisory Opinion) system shall be operated for essentiality check.

This symposium will feature panel discussions regarding inventive steps using a hypothetical case, participated in by officials from the JPO, The Intellectual Property High Court, European Patent Offices and the United States Patent and Trademark Office, as well as lectures regarding COVID-19 countermeasures used by Each Office. These will be complemented by panel discussions on patent rights infringement lawsuits with regard to the doctrine of equivalents, and a briefing on current circumstances including court initiatives impacted by COVID-19.

As such, I believe this Symposium provides an extremely valuable opportunity for broadening understanding of the judicatures of each country as well as the outlooks held in each Intellectual Property Office, and will afford users in Japan, U.S. and Europe the predictability required to engage in their respective intellectual property activities.

This symposium will be a corporate activity for IP system users such as industries, lawyers, and patent attorneys. We feel confident that it will contribute to the dynamics of global expansion. The co-organizers and I very much look forward to your active participation.

KASUTANI Toshihide
Commissioner of the Japan Patent Office

ARA Tadashi, President, Japan Federation of Bar Associations

As a member of the hosting organization, it is my great pleasure to once again convene the “Judicial Symposium on Intellectual Property”, now in its fourth year. While the spread of COVID-19 has necessitated holding the Symposium online, it nevertheless provides a precious opportunity to assemble judicial practitioners active on the front line of intellectual property law in each nation as well as government officials, allowing them to deepen their knowledge on judicial rulings in international intellectual property disputes and other recent intellectual property topics through mock cases and panel discussions.

The theme of this year’s Symposium is: “Latest Developments and Challenges in IP Judiciary in Japan, the United States and Europe”. While current circumstances mandate that it is held online for the first time, I believe that the substantial program presents a meaningful opportunity for all participants.

Due to the impacts of COVID-19, many countries and regions are undergoing a transition toward digitization and working online. This Symposium is one such example of this shift. As such, it provides an invaluable opportunity for garnering information regarding initiatives for court operation and administration of judgements against the backdrop of COVID-19. Equally, as digitization and working online become entrenched in societies on a global scale, I believe that it is more important than ever to foster greater understanding of each other’s legal systems in order to better resolve cross-border legal disputes over intellectual property.

The establishment of Civil Justice that is both reliable and user-friendly for all users is a top priority issue for the JFBA. We will continue to deploy initiatives as necessary in order to render our unstinting support to citizens and business operators.

I would be delighted for this Symposium to serve as a forum for sharing initiatives by legal organizations against COVID-19, while at the same time deepening mutual understanding of legal systems for intellectual property in each country.

ARA Tadashi
President, Japan Federation of Bar Associations

SUEYOSHI Wataru, President, Intellectual Property Lawyers Network Japan

In consideration of the need to prevent the spread of COVID-19, the “Judicial Symposium on Intellectual Property 2020” (JSIP2020) will be convened as a web conference, bringing together intellectual property experts from the U.S, UK, Germany and Japan including judges, lawyers and appeal examiners. We feel truly honored to be able to play a role in convening this Symposium.

This will be the first Symposium convened under this new modus vivendi. In addition to issues related to patent law, the scheduled program includes debates concerning court operation and administration of judgements under the impacts of COVID-19. As such, it presents a most timely opportunity to hear about valuable initiatives and debates that are taking place under these recent circumstances.

The Intellectual Property Lawyers Network Japan (“IPLNET”) was established in April 2005 at the same time as the Intellectual Property High Court, by a project of the Japan Federation of Bar Associations with the aim of enhancing the development of the legal system and legal services in the field of intellectual property. Since then, IPLNET has engaged in various activities including international symposiums.

We keenly sense the need to explore the ideal state for the swift and appropriate resolution of cross-border intellectual property disputes, and to this end, have up until now organized and participated in international symposiums.

Last year, “Judicial Symposium on Intellectual Property 2019” (JSIP2019) brought together judges and lawyers who are experts in intellectual property from India, Australia, The Republic of Korea, The People's Republic of China, and 10 ASEAN Nations (Indonesia, Cambodia, Singapore, Thailand, The Philippines, Brunei, Vietnam, Malaysia, Myanmar, Laos) as well as Japan.

The theme for this year is, “Latest Developments and Challenges in IP Judiciary in Japan, the United States and Europe”. I am confident that this Symposium will be highly instructive and of great interest for each and every participant.

It is my genuine hope that the fruits of this Symposium will bear out in judicial and trial proceedings conducted under the adverse circumstances of COVID-19.

SUEYOSHI Wataru
President, Intellectual Property Lawyers Network Japan

3. Program

20:00-20:05

Greeting

  • KOIKE Hiroshi、Justice, Supreme Court
20:05-21:45

Panel Discussion(Court)

  • (1)The Current State of the Doctrine of Equivalents in Patent Infringement Suits
  • (2)Operation of Court Proceedings under the Impacts of COVID-19.

Moderators

  • TAKAHASHI Aya, Judge, Intellectual Property High Court
  • SHIROYAMA Yasufumi, Partner, attorney-at-law, Anderson Mori & Tomotsune

Panelists

  • Japan
    • OTAKA Ichiro Chief Judge, Intellectual Property High Court
    • KUMAGAI Daisuke, Judge, Intellectual Property High Court
    • SAGARA Yuriko, Attorney at Law, Partner of Nakamura & Partners
  • United States of America
    • Paul T. Meiklejohn、Partner, Dorsey & Whitney LLP
  • United Kingdom
    • Colin Birss, Justice, High Court of England and Wales, Chancery Division (in charge of the Patents Court)
  • Germany
    • Klaus Bacher, Presiding Judge, Federal Court of Justice (Bundesgerichtshof)

MC

  • MANABE Mihoko, Judge, Intellectual Property High Court
21:45-21:50 Break
21:50-21:55

Greeting

  • KASUTANI Toshihide, Commissioner, Japan Patent Office
21:55-23:35

Panel Discussion(Patent Office)

  • (1) Comparative study regarding inventive step based on a hypothetical case
  • (2) Measures taken by each office for addressing issues arising from COVID-19

Moderator

  • YAMASHITA Takashi, Director-General, Trial and Appeal Department, Japan Patent Office

Panelists

  • Japan
    • HATTORI Satoshi, Executive Chief Administrative Judge, Trial and Appeal Department, Japan Patent Office
    • TSURUOKA Toshihiko, Presiding Judge, Intellectual Property High Court
  • United States of America
    • Scott R. Boalick, Chief Judge, Patent Trial and Appeal Board, United States Patent and Trademark Office
    • KIM Michael, Vice Chief Judge, Patent Trial and Appeal Board, United States Patent and Trademark Office
  • Europe
    • Carl Josefsson, President, Boards of Appeal, European Patent Office
    • Jean-Michel SCHWALLER, Chairman, Technical Board of Appeal, European Patent Office
23:35-23:40

Closing Remarks

  • ARA Tadashi, President of the Japan Federation of Bar Associations

4. Speakers Information

Courts

Ministry of Justice of Japan

Patent Office

Attorneys at Law

5. Reference

1. Explanation of the Mock Case / Mock Trial

Part 1:Court Section

Part 2:Patent Office Section

2. Leaflet

3. Websites of Organizers

4. Websites of Supporter

[Last updated 17 February 2021]

Contact

Trial and Appeal Division, Trial and Appeal Department, Japan Patent Office

TEL: +81-3-3581-1101 ext. 3613

FAX: +81-3-3584-1987

E-mail: PA6B00@jpo.go.jp