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Home> Systems/Procedures> Appeals/Trials> Judicial Symposium on Intellectual Property / TOKYO 2022 - JSIP2022 ~ IP Dispute Resolution in Japan, the United States, and Europe ~

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Judicial Symposium on Intellectual Property / TOKYO 2022 - JSIP2022
~ IP Dispute Resolution in Japan, the United States, and Europe ~

Contents

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

1. Event Summary

Date Thurs, October 27 - Fri., October 28, 2022
Venue Auditorium, CREO, 2F, Bar Associations Building 
Organized by Supreme Court of Japan, 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, Japan External Trade Organization(JETRO)

Videos: Judicial Symposium on Intellectual Property /TOKYO 2022

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 pleased to announce that the Supreme Court of Japan, the Intellectual Property High Court, the Ministry of Justice, the Japan Patent Office, the Japan Federation of Bar Associations, and the Intellectual Property Lawyers Network Japan will co-host the “Judicial Symposium on Intellectual Property / TOKYO 2022 (JSIP2022) – IP Dispute Resolution in Japan, the United States, and Europe – .”

This, the sixth Symposium, will be participated in by judges, attorneys and administrative patent judges from Japan, the United States, the United Kingdom, Germany and the European Patent Office. The Symposium will be held in person, with infection prevention and control measures for COVID-19. In addition, the Symposium will be live-streamed on the Internet.

The Intellectual Property High Court will be in charge of the first day’s program, which will include panel discussions on the themes of “International Comparison of Joint Patent Infringement “ and “Diversification of Proceedings in Civil Dispute Resolution and Current Challenges,” featuring judges active in the IP field from the United States, the United Kingdom, and Germany as panelists.
Prior to the panel discussion, as to the theme of the “International Comparison of Joint Patent Infringement,” Japanese judges and lawyers will conduct a mock trial to introduce proceedings in Japan based on a mock case involving joint patent infringement as a main issue. In the panel discussion, we would like to deepen mutual understanding by comparing the frameworks for determining joint patent infringement in the participating countries, using the same mock case.
In the panel discussion on “Diversification of Proceedings in Civil Dispute Resolution and Current Challenges,” the panelists will introduce the latest and actual situations of proceedings in civil dispute resolution in their respective countries, and exchange opinions

We are confident that this Symposium will offer a valuable opportunity not only for lawyers and patent attorneys involved in IP litigation, but also for people in industry and researchers to gain a deeper understanding of the judicial system with regard to intellectual property and other fields in Japan by learning about the latest information on IP judicature in Japan, the United States, and Europe and the actual situations of the proceedings in civil dispute resolution in recent years.

OTAKA Ichiro
Chief Judge of the Intellectual Property High Court

TAKASHIMA Tomomitsu Vice-Minister of Justice

On behalf of the Ministry of Justice of Japan, I am delighted to co-host the Judicial Symposium on Intellectual Property / Tokyo 2022.

This Symposium is 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, and overseas law practitioners are invited to participate. It has been held annually since 2017 with the aim of deepening mutual understanding of judicial systems for intellectual property in the participating countries, including Japan, and strengthening international cooperation in the field of intellectual property.

The theme of the Symposium this year is "IP Dispute Resolution in Japan, the United States, and Europe." We have invited experienced practitioners with a high level of knowledge in the field of IP who work at the three relevant organizations in the United States, the United Kingdom and Germany, and the European Patent Office. In this Symposium, the overseas practitioners and Japanese practitioners will give lectures, hold a mock trial and participate in panel discussions on cases related to patent infringement.

In June, the government of Japan approved the "Intellectual Property Promotion Plan for 2022", which focuses on measures for strengthening international collaboration in resolving intellectual property disputes and for providing information on IP dispute resolution to private enterprises.

I expect that the Symposium will contribute not only to further development of the field of intellectual property in the participating countries, including Japan, but also to strengthening international cooperation, which is essential to promote the "rule of law" in the IP field.

Lastly, I would like to express my sincere gratitude to all those who have provided support for this Symposium.

TAKASHIMA Tomomitsu
Vice-Minister of Justice

HAMANO Koichi Commissioner of the Japan Patent Office

As a member of one of the hosting organizations, I am pleased to announce that the “Judicial Symposium on Intellectual Property” will be held again this year. This will be the sixth symposium and it offers a valuable opportunity to deepen our knowledge of judicial decisions on international IP disputes and recent IP topics through mock trials and discussions by inviting legal practitioners and government officials who are active on the frontlines of IP judiciary in their respective countries.

This year’s theme will be “Resolution of Intellectual Property Disputes in Japan, the United States, and Europe.” In light of the current circumstances, the Symposium will be held both online and at physical locations where thorough precautions will be taken against the spread of the COVID-19 virus. Still, I am certain that this conference will be a valuable opportunity for the participants.

In response to the spread of the COVID-19 virus, many countries and regions are going digital and online. This year’s conference will also provide a valuable opportunity to obtain information on efforts to manage trials and judgments in the face of the COVID-19 pandemic. In addition, with the advancement of digitization and online access on a global scale, understanding each other’s legal systems is gaining more importance in order to support the resolution of legal disputes over intellectual property across national borders. I hope that this Symposium will serve as a forum for such mutual understanding.

One of the uppermost important tasks of the Japan Federation of Bar Associations is creating a civil justice system that is user-friendly and dependable. We will not relent and will continue to carry out activities required to support citizens and businesses.

I hope that this Symposium will provide an opportunity to share the efforts of legal institutions during the COVID-19 pandemic and to deepen mutual understanding of the legal systems surrounding intellectual property of the participating countries.

HAMANO Koichi
Commissioner of the Japan Patent Office

KOBAYASHI Motoji, President, Japan Federation of Bar Associations

In consideration of the need to prevent the spread of COVID-19, the “Judicial Symposium on Intellectual Property / TOKYO 2022” (JSIP2022) will be convened in person and in a web conference format, bringing together intellectual property experts from the U.S, the UK, Germany, EPO and Japan including judges, lawyers and appeal examiners. We feel truly honored to be able to play a role in convening this Symposium.

Certainly, the web conference format under the new lifestyle will be helpful for the management of trials and judgments under the influence of COVID-19, as was the case last year.

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, the “Judicial Symposium on Intellectual Property/ TOKYO 2021” (JSIP2021) brought together judges, appeal examiners, and lawyers who are experts in intellectual property from India, the Republic of Korea, the People's Republic of China, and ASEAN countries as well as Japan. The theme for this year is, “Resolution of Intellectual Property Disputes 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.

I sincerely hope that the results of this Symposium will be put to good use in judicial and trial proceedings conducted under the adverse circumstances of COVID-19.

KOBAYASHI Motoji
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 / TOKYO 2022” (JSIP2022) will be convened in person and in a web conference format, bringing together intellectual property experts from the U.S, the UK, Germany, EPO and Japan including judges, lawyers and appeal examiners. We feel truly honored to be able to play a role in convening this Symposium.

Certainly, the web conference format under the new lifestyle will be helpful for the management of trials and judgments under the influence of COVID-19, as was the case last year.

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, the “Judicial Symposium on Intellectual Property/ TOKYO 2021” (JSIP2021) brought together judges, appeal examiners, and lawyers who are experts in intellectual property from India, the Republic of Korea, the People's Republic of China, and ASEAN countries as well as Japan. The theme for this year is, “Resolution of Intellectual Property Disputes 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.

I sincerely hope that the results of this Symposium will be put to good use in judicial and trial proceedings conducted under the adverse circumstances of COVID-19.

SUEYOSHI Wataru
President, Intellectual Property Lawyers Network Japan

3. Program

October 27 (Thursday) 14:00-17:30 (JST)
By the Court - Mock Trial and Panel Discussion

14:00-14:10

Opening Remarks

  • HAYASHI Michiharu, Justice, Supreme Court
14:10-14:25

Case explanation

  • OGAWA Takatoshi, Judge, Intellectual Property High Court
14:25-15:00

Mock trial

Presiding Judge

  • SHOJI Tamotsu, Presiding Judge, Intellectual Property High Court

Associate Judge

  • NAKAMURA Kyo, Judge, Intellectual Property High Court
  • KATSUMATA Kumiko, Judge, Intellectual Property High Court

Plaintiff's Attorney

  • ONODERA Yoshifumi, Partner, Attorney-at-law, Mori Hamada & Matsumoto

Defendant's Attorney

  • SHIROYAMA Yasufumi, Partner, Attorney-at-law, Anderson Mori & Tomotsune

Investigator

  • MITSUMOTO Minako, Judicial Research Official, Intellectual Property High Court

Expert Committee Members

  • AKITA Masayuki, Judicial Research Official, Intellectual Property High Court
  • AMANO Takako, Judicial Research Official, Intellectual Property High Court

Narrator

  • ASAI Ken Judge, Intellectual Property High Court
15:00-15:10 Break
15:10-17:20

Panel Discussion

(1)International Comparison of Joint Patent Infringement Moderators

Moderators

  • NAKAJIMA Tomohiro, Judge, Intellectual Property High Court
  • ONODERA Yoshifumi, Partner, Attorney-at-law, Mori Hamada & Matsumoto

Panelists

  • SHOJI Tamotsu, Presiding Judge, Intellectual Property High Court
  • KATSUMATA Kumiko, Judge, Intellectual Property High Court
  • SHIROYAMA Yasufumi,Partner, Attorney-at-law, Anderson Mori & Tomotsune
  • Kent A. Jordan, Circuit Judge, United States Court of Appeals for the Third Circuit
  • Colin Birss , Lord Justice, Court of Appeal of England and Wales
  • Dr. Klaus Bacher, Presiding Judge, Federal Court of Justice (Bundesgerichtshof), Germany

Break

Panel Discussion

(2) Diversification of Proceedings in Civil Dispute Resolution and Current Challenges

Moderators

  • NAKAJIMA Tomohiro, Judge, Intellectual Property High Court
  • ONODERA Yoshifumi, Partner, Attorney-at-law, Mori Hamada & Matsumoto

Panelists

  • OTAKA Ichiro, Chief Judge, Intellectual Property High Court
  • OKAYAMA Tadahiro, Judge, Intellectual Property High Court
  • SHIROYAMA Yasufumi, Partner, Attorney-at-law, Anderson Mori & Tomotsune
  • Kent A. Jordan, Circuit Judge, United States Court of Appeals for the Third Circuit
  • Colin Birss, Lord Justice, Court of Appeal of England and Wales
  • Dr. Klaus Bacher, Presiding Judge, Federal Court of Justice (Bundesgerichtshof), Germany
17:20-17:30

Remarks

  • OTAKA Ichiro, Chief Judge, Intellectual Property High Court
17:30

Scheduled to end

October 28 (Friday) 14:00-18:00 (JST)
By the Japan Patent Office - Lecture and Panel Discussion

14:00-14:10

Remarks

  • HAMANO Koichi Commissioner, Japan Patent Office
14:10-16:10

Lecture
"Current state of trials and appeals"

  • YASUDA Futoshi, Director General, Trial and Appeal Department, Japan Patent Office
  • Scott R. Boalick, Chief Administrative Patent Judge, United States Patent and Trademark Office
  • Dr. Ingo Beckedorf, Chairman of a Technical Board of Appeal, European Patent Office

Lecture
"Invalidation and opposition systems in patents at each IP office"

  • YASUDA Futoshi, Director General, Trial and Appeal Department, Japan Patent Office
  • Scott R. Boalick, Chief Administrative Patent Judge, United States Patent and Trademark Office
  • Dr. Ingo Beckedorf, Chairman of a Technical Board of Appeal, European Patent Office
16:10-16:20 Break
16:20-17:50 Panel Discussions
"International Comparison of Judgments on Correction Requirements based on Hypothetical Cases"

Moderator

  • YASUDA Futoshi, Director General, Trial and Appeal Department, Japan Patent Office

Panelists

  • TAMURA Kiyoko, Executive Chief Administrative Judge, Trial and Appeal Department, Japan Patent Office
  • Michael P. Tierney, Acting Deputy Chief Administrative Patent Judge, United States Patent and Trademark Office
  • Dr. Ingo Beckedorf, Chairman of a Technical Board of Appeal, European Patent Office
17:50

Closing Remarks

  • KOBAYASHI Motoji, President, Japan Federation of Bar Associations
18:00

Scheduled to end

4. Speakers Information

Japan (PDF: 1,189KB)

Overseas Guests of the Court (PDF: 242KB)
Overseas Guests of the Japan Patent Office (PDF: 85KB)

5. Reference

1. Materials

October 27 (Thursday)

Case explanation

Slides(PDF:436KB)

Mock Trial

Case(PDF:427KB)

Slides 1(PDF:771KB)

Slides 2(PDF:116KB)

Summary of Judgment(PDF:51KB)

Panel Discussion
(1) International Comparison of joint Patent Infringement

List of Legal Provisions(PDF:150KB)

Slides(PDF:717KB)

Panel Discussion
(2) Diversification of Proceedings in Civil Dispute Resolution and Current Challenges

Slides(JP)(PDF:153KB)

Slides(US)(PDF:75KB)

Slides(UK)(PDF:77KB)

Slides(GER)(PDF:160KB)

October 28 (Friday)

By the Japan Patent Office-Lecture and Panel Discussion

Lecture
Current state of trials and appeals

Material(Japan)(PDF:1,794KB)

Material(United States)(PDF:3,670KB)

Material(Europe)(PDF:1,330KB)

Lecture
Invalidation and opposition systems in patents at each IP office

Material(Japan)(PDF:1,534KB)

Material(United States)(PDF:1,972KB)

Material(Europe)(PDF:2,506KB)

Panel Discussion
International Comparison of Judgments on Correction Requirements based on Hypothetical Cases

Hypothetical Cases(PDF:622KB)

2. Leaflet

3. Websites of Organizers

4. Websites of Supporter

[Last updated 14 December 2022]

Contact

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

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

E-mail: PA6B00@jpo.go.jp