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JAPANESE IP LAW REFORM 2011

The “Act on Partial Revision of the Patent Act, etc.” was issued on June 8, 2011.

The amendments aim at developing systems that assure the proper protection/exploitation of IP.

Thereby achieve growth in the Japanese economy through innovation. The law will come into effect on April 1, 2012.

Outline of the Legal Amendments by the bill is as follows:
1) Review of the System of Perfection of a Non-Exclusive License, etc.

2) Development of Remedial Measures for Misappropriated Applications, etc.

3) Prohibition on Filing with the JPO a Request for a Correction Trial after Filing with the IP High Court a Lawsuit to Rescind a Trial Decision

4) Restriction on Assertions in Retrial of a Court Judgment in Patent Infringement Lawsuit

5) Development of Provisions on the Scope of a JPO Trial Decision that Has Become Final and Binding, etc.

6) Abolition of the (Double Jeopardy) Effect, on Third Parties, of a Final and Binding Trial Decision in a Patent Invalidation Trial

7) Review of Fees

8) Review of Provision on Exception to Lack of Novelty of Invention, etc.

9) Review of Relief Procedures for Applicants and Patentees

10) Abolition of Provision on Refusal of a Trademark Application within One Year from the Date of the Extinguishment of a Another Person’s Trademark Right

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2012/03/19 | Comments Closed |

Category:Japanese Patent Law Patent in Japan

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