Judicial Symposium on Intellectual Property /TOKYO 2021
～IP Dispute Resolution in Asia～

Event Summary
Greetings
Program
Speaker Information
Reference

1. Event Summary

Date	Wed., October 20 - Fri., October 21, 2021
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, Japan International Cooperation Agency（JICA）, 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（JETRO）

Videos: Judicial Symposium on Intellectual Property /TOKYO 2021

Videos are now available on the YouTube Channel.

For materials related to the panel discussion, please refer to 5. Reference.

YouTube channel "the Judicial Symposium on Intellectual Property / Tokyo 2021 (JSIP2021) website (external link)

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 2021 - IP Dispute Resolution in Asia,” 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 fifth Symposium will be conducted online and live-streamed on the Internet to prevent further infection and spread of COVID-19; judges, lawyers, administrative patent judges, etc. in India, Korea, China and ASEAN countries are invited to attend the Symposium using a web conferencing system.

On the first day, the Intellectual Property High Court will host a panel discussion under the themes of: “International Comparison of Indirect Infringement of Patent Right” and “Use of Expert Knowledge in Civil Litigations.” We invite distinguished judges in the field of intellectual property from India, Korea and China as panelists.

Prior to the panel discussion, as to the theme of “International Comparison of Indirect Infringement of Patent Right,” Japanese judges and lawyers will conduct a mock trial to demonstrate the summary of the proceedings in a litigation on indirect infringement of patent right in Japan. Then, in the panel discussion, we would like to clarify the differences in judgement frameworks and application among participating countries, with a view toward deepening our mutual understanding on this theme.

Under the theme of “Use of Expert Knowledge in Civil Litigations,” the panelists will exchange information by outlining the latest facts relevant to this theme in their respective countries. We are confident that this symposium will be a valuable opportunity to gain a deeper understanding of the judicial system with regard to intellectual property and other fields in Japan, not just for lawyers and patent attorneys engaging in IP litigations but also for those who are in the industry and research institutions, through learning about the latest information on the IP judicature in Asia as well as utilization of expert knowledge in civil courts.

OTAKA Ichiro
Chief Judge of the Intellectual Property High Court

TAKASHIMA Tomomitsu, Vice-Minister of Justice

It is our great pleasure to hold the Judicial Symposium on Intellectual Property 2021.
The primary purposes of the Symposium are to enable IP practitioners from Japan and other countries to deliver and share information regarding the legal systems for intellectual property in their respective countries, and to develop international cooperation in the field of intellectual property law. 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.

This year, as we hold the fifth Symposium, overseas participants will participate in the Symposium remotely via Internet due to the COVID-19 pandemic. Even so, I see this as an opportunity for more people to join the Symposium.

The program held by the Ministry of Justice on the second day of the Symposium will include (1) a civil suits session and (2) an administrative procedures session, and there will be panel discussions on the topics of (1) civil suits related to trademark infringement and (2) administrative enforcement against counterfeit goods. As participants from each country use common case studies to share their procedures for trademark infringement trials and for detecting counterfeit goods, they will share insights on their legal systems and issues related to IP disputes, build mutual understanding, and enhance their abilities to handle such disputes across Asia and the ASEAN region. At the same time, I believe we will be able to provide valuable information to Japanese companies that operate in the region.

The Intellectual Property Strategic Program 2021, created by Japan’s Intellectual Property Strategy Headquarters in July of this year, points to the need for further development of the legal infrastructure in many countries in Asia to facilitate the resolution of intellectual property disputes. Over the years, the Ministry of Justice has been providing legal technical assistance to support countries in Asia in their efforts to establish legal systems, including systems that protect IP rights. Such assistance also supports the enhancement of law enforcement mechanisms and the capacity of human resources. These efforts contribute to the creation of societies in which the rule of law is instilled, judicial rulings are impartial and foreseeable, and economic activities are compliant with the law. However, countries in Asia still need support in developing IP infrastructure. This Symposium is necessary to meet those demands. To that end, I believe this Symposium will serve to benefit the participating countries and contribute to the sustainable growth of Asia and the ASEAN region.

Lastly, I would like to express my sincere gratitude to those who made this Symposium possible. Thank you.

TAKASHIMA Tomomitsu,
Vice-Minister of Justice

MORI Kiyoshi, Commissioner of the Japan Patent Office

I am very pleased to announce that the “Judicial Symposium on Intellectual Property 2021” will be held with judges, administrative judges, and lawyers attending from India, Republic of Korea, the People’s Republic of China, and ASEAN member states.

Due to the impact of the novel coronavirus (COVID-19), the nature of economic activities is changing drastically. Examples of changes include digitization and remote work. Taking these circumstances into consideration, the Japan Patent Office (JPO) also is responding flexibly to the changing landscape by promoting online interviews and implementing a teleworking framework that examiners and administrative judges can use, in order to maintain the "world's fastest and utmost quality" IP system.

In addressing the COVID-19 pandemicpanic and subsequent digitization of work, Japan’s Patent Act was revised in May 2021 to allow parties to appear online during oral proceedings at trials. Currently, we are making the necessary preparations so that these types of hearings can begin from October 2021.

In addition, the Patent Act was revised to eliminate the need for the consent of the non-exclusive licensees when patentees file requests for trials for correction, in view of the fact that the licensing pattern is expected to become more complex in line with the advancement of digitization. This will enable patentees to properly utilize their patent rights. Furthermore, in order to contribute to reaching early dispute resolutions, the JPO is working to improve the convenience of the “Hantei” (Advisory Opinion) system, including its operating procedures in determining standard essentiality regarding Standard Essential Patents (SEPs).

In this symposium, the JPO will conduct a panel discussion by using a hypothetical case on how the inventive step is determined. We are inviting administrative judges and other individuals from Indonesia, Republic of Korea, the People’s Republic of China, the Philippines, and Singapore to serve as panelists. In addition, there will be presentations from these countries on how they determine the inventive step on AI and IoT inventions, which have advanced at a remarkably rapid pace in recent years. I hope that these programs will enhance your knowledge when using the trial and appeal systems of the participating countries.

I’m confident that this symposium will help you, as users of IP systems, to develop a deeper understanding of IP systems and operating procedures in participating Asian countries and help globalize your corporate activities.

We look forward to welcoming you to the symposium.

MORI Kiyoshi,
Commissioner of the Japan Patent Office

ARA Tadashi, President, Japan Federation of Bar Associations

As a member of the hosting organization, I am delighted to host the Judicial Symposium on Intellectual Property this year on its fifth anniversary. In the coronavirus pandemic, we will connect online legal professionals and government officials working at the frontline of intellectual property judiciary in each country. This will be a rare opportunity to learn more about judicial rulings in international intellectual property disputes and recent intellectual property related topics through mock trials and discussions.

This year’s theme is “IP Dispute Resolution in Asia.” Considering COVID-19, the symposium will be held online. The program is rich in substance and we are convinced that this will be a meaningful learning opportunity for all attendants.

Many countries and regions are going digital and online due to the pandemic, and this symposium is no exception. The symposium will be a valuable opportunity to learn about the situation in developing countries where digital technology is increasingly being used. Also, in society, where the transition to digital and online is the global trend, mutual understanding of legal systems is becoming ever-more important in settling cross-border intellectual property disputes. We hope that this symposium will deepen such mutual understanding.

The Japan Federation of Bar Associations sees as its most important task establishing user-friendly and reliable civil justice. We will continue activities to support consumers as well as business owners. It will be my pleasure if this symposium offers an opportunity for attendants to share measures against the pandemic taken by legal institutions and to enhance mutual understanding of each country’s legal system with regard to intellectual property.

ARA Tadashi
President, Japan Federation of Bar Associations

SUEYOSHI Wataru, President, Intellectual Property Lawyers Network Japan

We are truly pleased and proud to play a role in holding the “Judicial Symposium on Intellectual Property 2021” (JSIP2021) with the participation of judges, administrative patent judges, lawyers and other intellectual property experts from India, the Republic of Korea, the People’s Republic of China and member countries of ASEAN, as well as Japan.

The Intellectual Property Lawyers Network Japan (“IPLNET”) was established in April 2005 at the same time as the establishment of the Intellectual Property High Court, as one of achievements resulting from activities of the Japan Federation of Bar Associations aimed at enhancing the development of the legal system and legal services in the field of intellectual property in Japan. Since then, IPLNET has engaged in various activities, including international symposiums. Last year, it celebrated the 15th anniversary of its foundation.

We believe it is necessary for international society to explore, in a cross-border and cooperative manner, the ideal state for the prompt and appropriate resolution of intellectual property disputes, and to this end, we have up until now organized and participated in various international symposiums. We are confident that this symposium, on the theme of “IP Dispute Resolution in Asia,” will be informative and useful to all participants.

Currently, Japan is working on the promotion of digitalization and online procedures for civil proceedings, trial proceedings at the Japan Patent Office and other proceedings. In this process, discussions are held taking account of international trends. IPLNET actively participates in these discussions. We also sincerely expect that fruits of this symposium will contribute to Japan’s judicial development.

SUEYOSHI Wataru
President, Intellectual Property Lawyers Network Japan

3. Program

First Day, Wednesday, October 20, 2021

13:30-13:40	Opening Remarks Japan TOKURA Saburo, Justice, Supreme Court
13:40-13:50	Case explanation Japan ASAI Ken, Judge, Intellectual Property High Court
13:50-14:20	Mock trial "Indirect infringement of Patent Right" Japan KANNO Masayuki, Presiding Judge, Intellectual Property High Court NAKADAIRA Ken, Judge, Intellectual Property High Court NAKAMURA Kyo, Judge, Intellectual Property High Court OGAWA Takatoshi, Judge, Intellectual Property High Court KATSUMATA Kumiko, Judge, Intellectual Property High Court MORIFUJI Atsushi, Judicial Research Official, Intellectual Property High Court YAMAGUCHI Kazuhiro, Judicial Research Official, Intellectual Property High Court HATTORI Makoto, Attorney at Law, JFBA Committee on Intellectual Property Rights SHIGETOMI Takamitsu, Attorney at Law, JFBA Committee on Intellectual Property Rights
14:20-14:40	Break
14:40-16:50	Panel Discussion "International Comparison of Indirect Infringement of Patent Right" "Use of Expert Knowledge in Civil Litigations” Moderator Japan NAKAJIMA Tomohiro, Judge, Intellectual Property High Court HATTORI Makoto, Attorney at Law, JFBA Committee on Intellectual Property Rights Panelists Japan OTAKA Ichiro, Chief Judge, Intellectual Property High Court KOBAYASHI Yasuhiko, Judge, Intellectual Property High Court SHIGETOMI Takamitsu, Attorney at Law, JFBA Committee on Intellectual Property Rights China LIU Yijun, Judge, The Intellectual Property Court of Beijing India Prathiba M. Singh, Justice, High Court of Delhi Honorable Republic of Korea Sang Woo Kim, Judge, Patent Court of Korea Presiding
16:50-17:00	Remarks Japan OTAKA Ichiro, Chief Judge, Intellectual Property High Court

Second Day, Thursday, October 21, 2021

10:00-10:10	Remarks Japan TAKASHIMA Norimitsu, Vice-Minister of Justice, Ministry of Justice
10:10-11:30	Panel Discussions "Civil Suits for Trademark Infringement" Keynote Japan KOKUBU Takafumi, Judge, Tokyo District Court Moderator Japan YABE Kozo, Attorney at Law, Patent Attorney, YUASA and HARA Commentator Japan ITAI Noriko, Attorney at Law, Aoki, Sekine & Tanaka law office TSUJI Junko, Attorney at Law, Patent Attorney, Tsuji Law & Patent Office IWAI Kumiko, Attorney at Law, Anderson Mori & Tomotsune Panelists Brunei Darussalam Pengiran Hazirah Pengiran Mohd Yusof, Acting Senior Magistrate, Subordinate Court Nuuror-Raheebah Haji Abdul Wahab, Registrar, Supreme Court Cambodia Seng Leang, Vice President, Phnom Penh municipal court of the first instance Indonesia Rahmi Mulyati, Justice, Supreme Court Lao People’s Democratic Republic Acksonesinh Vixayalai, Judge Level3, People’s Supreme Court Malaysia Mohd Radzi bin Harun, Judge, High Court Philippines Ramon Paul L. Hernando, Associate Justice, Supreme court Singapore Dedar Singh Gill, Judge, High Court Thailand Phattarasak Vannasaeng, Presiding Justice, Supreme Court Viet Nam Nhut Binh Phan, Senior Judge, The high People’s Court of Ho Chi Minh
11:30-11:40	Break
11:40-13:00	Panel Discussions (continued) "Civil Suits for Trademark Infringement"
13:00-14:00	Break
14:00-15:30	Panel Discussion(Session1) "Administrative Enforcement against Counterfeit Goods" Moderator Japan KUROKI Kota, Professor, Government Attorney, International Cooperation Department, Research and Training Institute, Ministry of Justice Commentator Japan KUROSE Masashi, Patent Attorney, Kurose IP Management, President Panelists Japan HOSHINO Shintaro, Attorney at Law, Patent Attorney, Japan Patent Office Cambodia Song Chorvoin, Deputy Prosecutor, Phnom Penh court of First Instance Lao people’s Democratic Republic Souligna Sisomneuk, Deputy Director, IP Dispute Resolution Division, Department of Intellectual Property, Ministry of Industry and Commerce Thailand Ruengrong Boonyarattaphun, Legal Officer, Senior Professional Level, Department of Intellectual Property, Ministry of Commerce Viet Nam Nguyen Nhu Quynh, Deputy Chief Inspector, Ministry of Science and Technology
15:30-15:40	Break
15:40-17:10	Panel Discussion(Session2) "Administrative Enforcement against Counterfeit Goods" Moderator Japan KUROKI Kota, Professor, Government Attorney, International Cooperation Department, Research and Training Institute, Ministry of Justice Commentator Japan KUROSE Masashi, Patent Attorney, Kurose IP Management, President Panelists Indonesia Ahmad Rifadi, Deputy Director, Prevention and Dispute Settlement, Directorate of Investigation and Dispute Settlement, Directorate General of Intellectual Property, Ministry of Law and Human Rights Malaysia Hamzah Bin Mahadi, Enforcement Officer, Ministry of Domestic Trade and Consumer Affairs Philippines Teodoro C. Pascua, Deputy Director General (DDG) , Intellecutual Property Office of the Philippines Singapore Leck Kwang Hwee Andy, Principal, Baker & McKenzie.Wong & Leow
17:10-17:20	Break
17:20-17:50	Wrap up/Q&A Speakers of the Panel Discussions
17:50-18:00	Closing

Third Day, Friday, October 22, 2021

15:00-15:05	Remarks Japan MORI Kiyoshi, Commissioner, Japan Patent Office
15:05-15:25	"The current state of trials and appeals in Japan" Japan KATSURA Masanori, Director-General, Trial and Appeal Department, Japan Patent Office
15:25-16:25	"Determination of Inventive step on AI and IoT related inventions in participating countries" China Xiaohua Chen, Deputy Director of Reexamination and Invalidation Department of Patent Office, China National Intellectual Property Administration Indonesia Sarwono Sutikno, Member of the Patent Appeal Commission, Ministry of Law and Human Right Philippines Ann N. Edillon, Assistant Director of the Bureau of Patents, Intellectual Property Office of the Philippines Republic of Korea Hyun CHEKAL, Presiding administrative judge at Intellectual Property Trial & Appeal Board, Korean Intellectual Property Office Singapore Danny Yap, Senior Patent Examiner, Intellectual Property Office of Singapore International
16:25-17:55	Panel Discussion "Comparison of inventive step (using a hypothetical case)" Moderator Japan TSURUYA Yuji, Patent Attorney, Principal, HARAJUKU SOGO Panelists Japan HATTORI Satoshi, Executive Chief Administrative Judge, Trial and Appeal Department, Japan Patent Office China Xiaohua Chen, Deputy Director of Reexamination and Invalidation Department of Patent Office, China National Intellectual Property Administration Indonesia Sarwono Sutikno, Member of the Patent Appeal Commission, Ministry of Law and Human Right Philippines Ann N. Edillon, Assistant Director of the Bureau of Patents, Intellectual Property Office of the Philippines Republic of Korea Hyun CHEKAL, Presiding administrative judge at Intellectual Property Trial & Appeal Board, Korean Intellectual Property Office Singapore Danny Yap, Senior Patent Examiner, Intellectual Property Office of Singapore International
17:55-18:00	Closing Remarks Japan ARA Tadashi, President, Japan Federation of Bar Associations