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Home> Systems/Procedures> Appeals/Trials> Judicial Symposium on Intellectual Property / TOKYO 2023 - JSIP2023 ~ IP Dispute Resolution in Asia ~

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Judicial Symposium on Intellectual Property / TOKYO 2023 - JSIP2023
~ IP Dispute Resolution in Asia ~

Contents

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

1. Event Summary

Dates
  • 13:30 – 18:00 (JST), Tuesday, October 17, 2023
  • 13:30 – 18:00 (JST), Wednesday, October 18, 2023
  • 13:30 – 18:00 (JST), Thursday, October 19, 2023
Venue Auditorium “Creo,” the Japan Federation of Bar Associations, Bar Associations Building 2nd floor, 1-1-3 Kasumigaseki, Chiyoda-Ku, Tokyo 100-0013, Japan
Format of
symposium
Hybrid – To be held at the venue with simultaneous Internet streaming
Hosted by Supreme Court of Japan (External link),
Intellectual Property High Court (External link),
Ministry of Justice (External link),
Japan Patent Office,
Japan Federation of Bar Associations (External link),
IP Lawyers Network Japan (External link)
Supported by Ministry of Foreign Affairs of Japan (External link),
Japan International Cooperation Agency (JICA) (External link),
International Civil and Commercial Law Centre Foundation (External link),
Intellectual Property Strategy Headquarters (External link),
KEIDANREN (Japan Business Federation) (External link),
International Association for the Protection of Intellectual Property of Japan (External link),
Japan Chamber of Commerce and Industry (External link),
Japan Intellectual Property Association (External link),
Japan Patent Attorneys Association (External link),
Japan External Trade Organization (JETRO) (External link)
(in Japanese alphabetical order)

2. Greetings

HONDA Tomonari, Chief Judge, Intellectual Property High Court of Japan

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 IP Lawyers Network will co-host the Judiciary Symposium on Intellectual Property/TOKYO2023-JSIP2023 - IP Dispute Resolution in Asia.

Judges, lawyers, administrative patent judges and government officials from countries such as Japan, India, the Republic of Korea, Singapore, Thailand, the People's Republic of China, and Vietnam will attend this the seventh JSIP symposium, in addition to participants from other ASEAN countries online. In the same way as last year, the event will be held in person and streamed live on the Internet.

On the first day of the program hosted by the Intellectual Property High Court, judges and lawyers who are currently active in the field of intellectual property from India and the Republic of Korea will participate. Firstly, Japanese judges and lawyers will conduct a mock trial of a patent infringement case to introduce proceedings in Japan based on a mock case. In addition, for the first time in four years since 2019, mock trials of patent infringement cases will be conducted by overseas participants. Following this, a panel discussion will take place with Japanese judges and lawyers, as well as judges and lawyers from overseas. The theme of the panel discussion will be International Comparison of Intellectual Property Dispute Resolution, and will feature the mock case. During the discussion, the judgment frameworks for international exhaustion and the proceedings in each country will be compared to enhance mutual understanding. The panelists will also introduce the latest systems and the current situation regarding civil dispute resolution in their countries, including their perspectives on digitization, and exchange opinions.

We are confident that this symposium will be a valuable opportunity for not only lawyers and patent attorneys involved in intellectual property litigation, but also for people in the industrial sector and researchers, to gain insight into the latest information on the judicial system regarding intellectual property in Japan and various Asian countries, as well as the current state of civil dispute resolution procedures. This will lead to a deeper understanding of our country's current judicial system and mutual relationship of the Asian countries regarding such matters.

HONDA Tomonari
Chief Judge
Intellectual Property High Court of Japan

KAWAHARA Ryuji, Vice-Minister of Justice

It’s our great pleasure to host the Judicial Symposium on Intellectual Property/TOKYO2023-JSIP2023.

For this symposium, under the theme of “IP Dispute Resolution in Asia,” we have invited practitioners with extensive knowledge and experience in the field of intellectual property from India, the People’s Republic of China, the Republic of Korea, and ASEAN countries. Together with practitioners from Japan, they will engage in a wide range of discussions on IP dispute resolution over the course of three days.

The second day of the program, hosted by the Ministry of Justice, will feature panel discussions with leading anti-counterfeiting practitioners from ASEAN countries as panelists.

The themes of the panel discussion will be “Measures against counterfeit products taken by platform Providers of E-commerce Sites etc.” and “Private-public partnerships and International cooperation on measures against counterfeit products.”

The panel discussion is a great opportunity to deepen mutual understanding of each country’s systems and operations, and to provide information to Japanese companies entering the region. We therefore hope that the panel will be fruitful through an active exchange of opinions.

This year marks the 50th anniversary of ASEAN-Japan Friendship and Cooperation, and the first “ASEAN-Japan Special Meeting of Justice Ministers” was held in July. According to the “Joint Statement of the ASEAN-Japan Special Meeting of Justice Ministers” adopted following the meeting, Japan and ASEAN countries aim to work together on issues in the legal and judicial fields, including dispute resolution over intellectual property. We hope that this symposium will promote this initiative and help improve the capability to resolve intellectual property disputes throughout Asia, including the ASEAN region.

We look forward to seeing you at the symposium.

KAWAHARA Ryuji
Vice-Minister of Justice

HAMANO Koichi, Commissioner, Japan Patent Office

I am pleased to announce that the “Judicial Symposium on Intellectual Property / TOKYO 2023” will be held in Tokyo, Japan.

The social conditions surrounding intellectual property (IP) are changing dramatically as companies expand their business overseas, economic development and awareness of IP increase in emerging countries, and technology advances at an accelerating pace. In order to respond to such changes in social conditions, IP professionals are required to constantly acquire and analyze the latest information on IP systems and operations not only in developed countries but also in emerging countries.

This symposium has alternated between cases from Western and Asian countries. The last time the symposium which featured countries in the Asian region was held in 2021, it was completely online due to the COVID-19 pandemic. This year, for the first time in four years, we will invite leading experts in the IP judicial systems of Asian countries to present the latest information on their respective trial and appeal systems and IP judicial systems.

The utilization of IP after obtaining rights is particularly important for promoting innovation. However, given the fact that the means of resolving disputes after obtaining rights, the related systems, and operations differ from country to country and region to region, this year’s symposium focuses on the operations and systems in each country after obtaining rights.

We hope that by learning about the situation in each country and the differences between them, we can increase the predictability of disputes over IP and reduce the burden on our users.

In this program, welcoming panelists such as administrative judges from People’s Republic of China, Republic of Korea, Singapore, Thailand, and Vietnam, we host (or run) panel discussion about an international comparison of trial and appeal practice in general, and proceedings in the field of advanced technology.

In particular, as for the field of advanced technology, we plan to select two technical fields that have been developing remarkably in recent years, namely pharmaceutical-related invention and IoT-related invention, and discuss each country’s approach to novelty, inventive step, and correction requirements.

As with the other programs, the program will be held in a hybrid format, both on-site and online, allowing attendees to ask questions not only on-site but also online.

We hope that this symposium will provide an opportunity for the participants to deepen their understanding of the trial and appeal systems and IP judicial systems in Asian countries and Japan.

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

HAMANO Koichi
Commissioner
Japan Patent Office

KOBAYASHI Motoji, President, Japan Federation of Bar Associations

I am pleased to announce that the Japan Federation of Bar Associations will again this year be one of the hosts of the Judicial Symposium on Intellectual Property. The symposium, now in its seventh year, will provide a valuable opportunity to bring together legal practitioners and government officials involved on the front lines of intellectual property law from various countries, and to gain a deeper understanding of international intellectual property dispute resolution and recent IP-related topics.

The theme of this year's symposium will be Intellectual Property Dispute Resolution in Asia, and will feature a comprehensive program including mock trials and discussions. In the same way as in previous years, the event will be conducted both in-person at the venue and online.

Due to the impact of COVID-19, many countries and regions have witnessed the acceleration of digitalization and online adaptation. In this context, the symposium provides a valuable opportunity to obtain the latest information on changes in court operations and adjudication procedures post-pandemic. Furthermore, in a society where the further utilization of artificial intelligence, big data, and technologies like ChatGPT is advancing on a global scale, we believe that a deeper understanding of each other's legal systems is even more crucial to facilitate the resolution of cross-border intellectual property disputes. We anticipate that this symposium will serve as a platform for fostering such mutual understanding.

The Japan Federation of Bar Associations regards the enhancement of the user-friendliness and reliability of the civil justice system as one of its most important objectives. We are committed to continuing our efforts to develop the necessary initiatives to support both individuals and businesses, and plan to carry out relevant activities to achieve this goal in the future.

We would be delighted if this symposium could serve as an opportunity to enhance mutual understanding of the legal systems regarding intellectual property across various countries in the context of ongoing digitalization and the transition to an online society.

KOBAYASHI Motoji
President
Japan Federation of Bar Associations

HAYASHI Izumi, President, IP Lawyers Network Japan

This year will be the 7th “Judicial Symposium on Intellectual Property (JSIP)”, which was launched in 2017. This year's symposium, “Judicial Symposium on Intellectual Property/TOKYO2023-JSIP2023-IP Dispute Resolution in Asia” , will bring together IP experts, including judges, lawyers, and trial examiners from India, the Republic of Korea, the People's Republic of China, ASEAN countries, and Japan in a face-to-face or web conference format. We are very pleased and proud to be a part of this symposium.

We, the Intellectual Property Lawyers Network Japan (IPLNET), were established in April 2005 as a result of the activities of the Japanese Federation of Bar Associations to develop the legal system and legal services related to intellectual property, which occurred concurrently with the establishment of the Intellectual Property High Court.

Since its establishment, our members, who live all over Japan from Hokkaido to Okinawa and abroad, have been involved in a variety of activities, including international symposiums, exchanges with relevant overseas organizations, support for intellectual property consultation services in all prefectures in Japan, legal support for agriculture, forestry and fisheries, and support for anti-piracy measures.

As you all know, no activity in today's society is unaffected by global developments, and we are also witnessing global climate change, remarkable progress in IoT, generative AI, and CPS (Cyber-Physical System). I feel that we are now required to have a global D&I mindset and a mindset that enjoys technological evolution itself, and to respond flexibly to change and to enhance our resilience.

We have held or participated in international symposiums in the past because we felt the need to seek a form of prompt and appropriate resolution of intellectual property disputes together across national borders. The JSIP has become increasingly significant in recent years because other countries and Japan are trying to better understand and cooperate with each other's legal systems, and Japan, which advocates the rule of law, is striving to enhance its information dissemination.

We sincerely hope that this symposium will be interesting and informative for all participants and that they will make use of it in their future judicial and trial procedures.

HAYASHI Izumi
President
IP Lawyers Network Japan

3. Program (Details to be updated at a later date)

Day 1: 13:30 – 18:00 (JST), Tuesday, October 17, 2023

By the Court

- Mock trial by Japan, India and Republic of Korea (issue: Exhaustion)
- Panel discussion (topic: IP dispute resolution at various jurisdictions)

Day 2: 13:30 – 18:00 (JST), Wednesday, October 18, 2023

By the Ministry of Justice

- Keynote speech (Efforts to combat counterfeit products and public-private partnerships)
- Panel discussion (Measures against counterfeit products by EC sites and other platforms)
- Panel discussion (Public-private and international cooperation to combat counterfeit products)

Day 3: 13:30 – 18:00 (JST), Thursday, October 19, 2023

By the Japan Patent Office

- Panel discussion (Trial and appeal practice in general in each country)
- Panel discussion (Trial and appeal practice in the field of advanced technology in each country)

4. Speakers Information

5. Reference Documents

1. Presentation Materials

Tuesday, October 17 13:30 - 18:00 (JST)

By the Court

- Mock Trials and Panel Discussion

Wednesday, October 18 13:30 - 18:00 (JST)

By the Ministry of Justice

- Keynote Speech and Panel Discussions

(For details regarding the court part and the Ministry of Justice part, please access the websites of each institution.)

Thursday, October 19 13:30 - 18:00 (JST)

By the Japan Patent Office

- Panel Discussions

Lecture

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

Panel Discussion 1

Trial and Appeal practice in general in each country

Panel Discussion 2

Trial and Appeal practice in the field of advanced technology in each country

2. Publicity material

[Last updated 1 November 2023]

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