Download or read book Japanese Design Law and Practice written by Christoph Rademacher and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Max Planck Series on Asian Intellectual Property Law Volume 18 Indisputably, Japan is today a major hub of product design, and designs made in Japan play an influential role in the world across a wide range of industries. This is the first and only book in English to provide a detailed overview and discussion of product design protection and practice under Japanese law. In addition to expert analysis of the application of design law by Japanese courts and the Japan Patent Office (including the far-reaching 2020 amendments), the book features seven contributions by Japanese product designers from specific industries who describe the product design process in their industry and its legal ramifications worldwide. With in-depth description and analysis and many detailed explanatory figures and tables, the contributors cover such issues and topics as the following: ownership of design rights; requirements for design protection; application process for design registration; examination procedure; appeals and invalidity trials; design infringement and scope of protection; overlap of design and other intellectual property rights; design protection and competition law; international jurisdiction and governing law; and design rights and commercial transactions. Industry-specific chapters cover the application of design law in furniture, home appliances, cell phones, cars, advertising, product packaging, web design, and typeface design. The book concludes with a chapter highlighting differences in design law in Japan and the European Union. Given that Japanese design experts often note a lack of understanding of Japanese design law and practice by foreign companies, this book will appeal to law firm practitioners and in-house counsel involved in global design right portfolio management and design protection in Japan. It will also appeal to intellectual property scholars and product designers with an interest in Japanese design practice and law.
Download or read book The Intellectual Property Law of Japan written by Teruo Doi and published by Springer. This book was released on 1980-08 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Business Law in Japan written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2012-04-12 with total page 848 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compilations of cases with commentary – in Japanese Hanrei Hyakusen – often provide the most practical way to obtain a quick and reliable understanding of a specific field of law, as well as guidance on how best to proceed in specific situations. In this respect, leading cases much more than statutory provisions are essential for understanding the reality of Japanese commercial law. This incomparable book compiles 72 of the most important commercially relevant Japanese court decisions in the fields of civil law, labour law, company law, financial transactions, intellectual property, antitrust, conflict of laws, and arbitration. Each decision is presented in English translation and is accompanied by a practical and explanatory commentary by an expert in the field, be it from academia or private practice. There are 50 commentators in all, brought together here to honour the 60th birthday of Harald Baum, widely regarded as one of the world’s foremost scholars on Japanese business law. The cases encompass a wide reach of causes of action in fields such as: breach of contract; tort liability; product liability; unjust enrichment; collective bargaining; shareholders’ rights; directors’ duty of care; political donations; insider trading; patent infringement; parallel imports; trade mark rights; unfair competition; publicity rights; price fixing; arbitration agreements; and recognition of foreign judgements. Whether serving as practical guidance or as a basis for academic research, this compilation will be warmly welcomed by practicing lawyers, teachers and students of Japanese and international law, and all others who need to understand the various fields of Japanese commercial law.
Download or read book A Guide to Japanese Intellectual Property Law written by and published by . This book was released on 1994 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Global Dimensions of Intellectual Property Rights in Science and Technology written by National Research Council and published by National Academies Press. This book was released on 1993-02-01 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.
Download or read book Valuing Intellectual Property in Japan Britain and the United States written by Ruth Taplin and published by Routledge. This book was released on 2004-06-02 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book includes thorough coverage of developments in Japan, which, as the country where significantly more new patents are registered each year than in any other country, is particularly important for this subject.
Download or read book Business Law in Japan Cases and Comments written by Moritz Bälz and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preface --Dedication --List of Authors and Editors --Civil Law --Civil Law - Contract Law - Nullity of Contracts (Juristic Acts) due to a Violation of Mandatory Public Law Provisions --Civil Law - Contract Law - Doctrine of Frustration - Change of Circumstances --Civil Law - M&A - Binding Nature of Letter of Intent - Obligation to Negotiate in Good Faith - Confidentiality Clause - Injunctive Relief --Civil Law - Contract Law - Breach of Contract - Damages - Liability for Acts of the Assistant --Civil Law - Contract Law - Purchase Contract - Extinctive Prescription for Damage Claims Under the Warranty against Defects --Civil Law - Case to Seek Return of Money Equivalent to Unjust Enrichment - Actio de in rem verso --Civil Law - Tort Law/Contract Law - Liability for a Breach of Pre-contractual, Contractual and Non-contractual Information Duties - Liability of Experts - Claim for Damages --Civil Law - Tort Law - Joint Tort Liability --Civil Law - Tort Law - Product Liability Law - Claim for Damages --Civil Law - Contract Law - Improper Solicitation Transaction - Improperness of Solicitation of Transactions with Elderly People --Civil Law - Consumer Contract Act - Case That Decided whether Gold Futures Prices Are 'Important Matters' under the Consumer Contract Act --Civil Law - Contract Law - Consumer Credit - Documentation Requirements - Return of Unjust Enrichment --Civil Law - State Compensation Law - State Liability - Extinctive Prescription --Labour Law --Labour Law - Freedom Related to Hiring - Length of Probation Period --Labor and Employment Law - Duty to Work Overtime -Termination for Cause - Abuse of Right - Section 36 Agreements - Collective Bargaining Agreements - Work Rules --Labor Law - Abuse of Employer's Right to Transfer Employees --Labor Law - Succession to Labor Contracts upon Company Split - Section 5 Consultations --Corporate Law, Financial Regulation, Insurance Law --Corporate Law - Book-Entry Transfer System for Shares - Minority Shareholders' Appraisal Right - Requirementto Make Individual Shareholder Notice --Corporate Law - Duty of Care - Greenmailing - Benefits Granted to Shareholders --Corporate Law - Business Judgment Rule - Derivative Action --Corporate Law - Financial Assistance by Stock Corporation to Associated Corporation - Directors' Duty of Care and Duty of Loyalty --Corporate Law - Director's Remuneration - Pension-Type Remuneration after Retirement - Unilateral Cancellationby the Company --Corporate Law - Absorption-type Merger - Fairness of Merger Ratio - Action Seeking the Invalidation of a Merger --Corporate Law - Fraudulent Incorporation-type Company Split - Right of Creditors to Seek Avoidance and Request Compensation from the New Company --Corporate Law - Company Split - Continued Use of Trade Name - Liability of Succeeding Company for Obligations of Splitting Company --Corporate Law - Absorption-type Merger, etc. - Appraisal Remedy - Determination of Fair Value --Corporate Law - MBO - Squeeze-out - MinorityShareholders' Appraisal Right --Corporate Law - Takeovers - Issuance of Share Options as Defence Measure - Principal Purpose Rule --Corporate Law - Takeovers - Defensive Measures -Equality of Shareholders --Corporate Law - Constitutional Law - Political Donations by Companies - Legal Capacity of Companies - Purpose of Companies --Banking Law - Definition of Banking - Meaning of 'Funds Transfer' - Legality of Money Transmittance Service on Behalf of Customer --Insider Trading - Decision Regarding Carrying Out a Tender Offer - Decision-Making Organ --Insurance Law - Non-Life Insurance - Accidental Nature of the Insured Event - Burden of Proof --Insurance Law - Life Insurance - Claim for Payment -Exemption due to Intentional Cause of Death --Intellectual Property and Competition Law --Patent Law - Limits of Patent Rights - National andInternational Exhaustion --Intellectual Property - Patent Law - Patent Infringement - Defence of Patent Exhaustion and Exceptions --Intellectual Property - Patent Law - Clinical Trials -Research Exception --Intellectual Property Law - Patent Law - Requirements for a Patent Term Extension of Pharmaceutical Patents --Intellectual Property - Patent Law - Interpretation of Patent Claims - Doctrine of Equivalents --Intellectual Property - Patent Law - Employees' Inventions - Company Rules - Reasonable Remuneration --Intellectual Property - Patent Law - Employees' Inventions - Reasonable Remuneration --Intellectual Property - Patent Law - Patent Infringement - Counterclaim of Invalidity --Copyright Law - Time- and Space-Shifting Broadcast -Right of Reproduction --Copyright Law - Re-Broadcasting of TV Programmes -Public Transmission --Copyright Law - Parodistical use - Right of Quotation - Fair Use --Copyright Law - Cinematographic Works - DistributionRight - Exhaustion --Copyright Law - Future Works - Injunctive Relief -Enforcement of Copyright --Trade Marks - Registrability - Secondary Meaning -Three-Dimensional Marks --Trade Mark Law - Similarity - Confusion --Trade Marks - Trade Mark Use - Confusion - Comparative Advertising - Well-Known Marks --Trade Mark Law - Abusive Registration of Well-KnownMarks - Foreign Marks --Trade Mark Law - Parallel Imports - Identity of Goods -Licensing Agreement - Counterfeit Goods --Protection of Legal Interests Not Explicitly Recognized by Statute - Tort and Intellectual Property Law --Copyright - Works of Applied Art - Law of Torts - Slavish Imitation - Unfair Competition Prevention - Designs --Publicity Rights - Personality Rights --Patent Law - Licensing Law - Exclusive Registered Licensee - Standing to Sue --Antitrust Law - Price Fixing - Administrative Guidance - Fair Trade Commission --Antitrust Law - Concerted Behaviour - Cartels - Patent Pools --Antitrust Law - Unfair Trade Practices - Resale PriceMaintenance - Private Enforcement --Part V: Conflict of Laws, Arbitration and Civil Procedure --Infringement of a US Patent - Patent Law - Applicable Law --Claim for the Interdiction of an Arbitration Procedure: Law Applicable to the Legal Capacity of a Company -Adoption of an Arbitration Agreement - Doctrineof Separability of the Arbitration Agreement fromthe Main Contract --Law Applicable to Maritime Lien --Calculation of Lost Income of Foreign Victim becauseof Accident in Japan --International Civil Procedure Law - State Immunity from Civil Jurisdiction - Restrictive Immunity Theory - Waiverfrom Immunity --International Civil Procedure Law - Jurisdiction - Place of Business of Corporations --International Civil Procedure Law, Recognition of Foreign Judgments, Punitive Damages --Recognition - Enforcement - Foreign Judgment - Indirect Jurisdiction - Service - Public Policy - Mutual Guarantee --Arbitration Law - Governing Law - Scope of Arbitration Agreement --Arbitral Award - Setting Aside - Appropriateness of Arbitral Tribunal's Reasons not Examinable by State Court - Impactof New Arbitration Law --Arbitration Law - Separability and Arbitrability -Terminated Contract --Disclosure of Documents for Internal Use --Table of Cases.
Download or read book Intellectual Property Protection for AI generated Creations written by Ana Ramalho and published by Routledge. This book was released on 2021-12-29 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the intersection between artificial intelligence and two intellectual property rights: copyright and patents. The increasing use of artificial intelligence for generating creative and innovative output has an impact on copyright and patent laws around the world. The book aims to map and analyse that impact. The author considers how artificial intelligence systems may aid, or in some cases substitute for, human creators and inventors in the creative process. It is from this angle that the copyright and patent regimes in four jurisdictions (Europe, the United States, Australia and Japan) are investigated in depth. The author describes how these jurisdictions look at works and inventions generated through a process where artificial intelligence is present or prevalent, and examines how copyright and patent regimes should adapt to the reality of artificially intelligent creators and inventors. As the use of artificial intelligence to generate creative and innovative products becomes more common, this book will be a valuable resource to researchers, academics and policy makers alike.
Download or read book written by 茶園成樹 and published by . This book was released on 2017-12-27 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: 日本の知的財産法の基礎を解説。『知的財産法入門』(第1版:2013年、第2版:2017年)の英訳版。
Download or read book Protecting Intellectual Property in Japan written by Yasunori Ohtsuka and published by . This book was released on 1992 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Intellectual Property and the New Global Japanese Economy written by Ruth Taplin and published by Routledge. This book was released on 2009-04-02 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Japanese economy is the second largest in the world and is becoming once more one of the most competitive. Despite the stagnation and deflation experienced during the 1990s, Japan has progressively become more aware of the need to be a global player, in particular under the radical administration of former Prime Minister Koizumi. A vigorous approach to intellectual property borrowed from the US and Europe, stressing the importance of innovation, assisted in kick-starting the Japanese economy again and has sustained its increasingly high performance. This book examines how Japan has used this new approach to intellectual property (IP) to revitalise its economy. It explains how IP has traditionally been used in Japan, and goes on to identify the ways in which this has changed in recent years, identifying the different facets of IP utilised to propel the Japanese economy to new heights: Firstly, by promoting IP through Technical Licensing Organisations (TLO) laws and uniting the universities with the needs of industry. Secondly, via radical changes to employees’ rights to compensation through the landmark decisions made by the Tokyo District Court. Thirdly, by the streamlining of patenting applications and procedures through the Tokyo and Osaka District IP Courts, and the Japanese Patent Office. Fourthly, by internationalising its capital markets, as displayed by the cooperation between the Tokyo Stock Exchange and the London Stock Exchange (LSE) and other bourses. Overall, this book is essential reading for all those interested in understanding the modern Japanese economy, and how it is adapting to exploit the opportunities and challenges of an increasingly globalised world.
Download or read book Employees Intellectual Property Rights written by Sanna Wolk and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 872 pages. Available in PDF, EPUB and Kindle. Book excerpt: In today’s knowledge-based global economy, most inventions are made by employed persons through their employers’ research and development activities. However, methods of establishing rights over an employee’s intellectual property assets are relatively uncertain in the absence of international solutions. Given that increasingly more businesses establish entities in different countries and more employees co-operate across borders, it becomes essential for companies to be able to establish the conditions under which ownership subsists in intellectual property created in employment relationships in various countries. This comparative law publication describes and analyses employers’ acquisition of employees’ intellectual property rights, first in general and then in depth. This second edition of the book considers thirty-four different jurisdictions worldwide. The book was developed within the framework of the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels. Among the issues and topics covered by the forty-nine distinguished contributors are the following: • different approaches in different law systems; • choice of law for contracts; • harmonizing international jurisdiction rules; • conditions for recognition and enforcement of foreign judgments; • employees’ rights in copyright, semiconductor chips, inventions, designs, plant varieties and utility models on a country-by-country basis; • employee remuneration right; • parties’ duty to inform; and • instances for disputes. With its wealth of information on an increasingly important subject for practitioners in every jurisdiction, this book is sure to be put to constant use by corporate lawyers and in-house counsel everywhere. It is also exceptionally valuable as a thorough resource for academics and researchers interested in the international harmonization of intellectual property law.
Download or read book Security Rights in Intellectual Property written by Eva-Maria Kieninger and published by Springer Nature. This book was released on 2020-06-11 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the main legal and economic challenges to the creation and enforcement of security rights in intellectual property and explores possible avenues of reform, such as more specific rules for security in IP rights and better coordination between intellectual property law and secured transactions law. In the context of business financing, intellectual property rights are still only reluctantly used as collateral, and on a small scale. If they are used at all, it is mostly done in the form of a floating charge or some other “all-asset” security right. The only sector in which security rights in intellectual property play a major role, at least in some jurisdictions, is the financing of movies. On the other hand, it is virtually undisputed that security rights in intellectual property could be economically valuable, or even crucial, for small and medium-sized enterprises – especially for start-ups, which are often very innovative and creative, but have limited access to corporate financing and must rely on capital markets (securitization, capital market). Therefore, they need to secure bank loans, yet lack their own traditional collateral, such as land.
Download or read book Japanese Copyright Law written by Peter Ganea and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: In all major industrialised countries, copyright law has fundmentally changed in the last 15 years due to the digital age, the TRIPS Agreement and the WIPO Copyright Treaties. Japan is no exception, and both legislation and case law have been most active within this period of time. Copyright Law in Japan contains up-to date information on such difficult issue as the new distribution right for copyright works, frictions between private and public interest, provisions on anti-circumvention devices, contributory infringement in a digital and non-digital environment, calculation of damages in copyright infringement cases, the fundamental of moral rights protection and the work quality of video games. The book is written by a number of leading Japanese and Max Planck academics, and Japanese practitioners, and thus combines practical knowledge with academic standards. The book contains the following chapters:Copyright Hirstory;General Introduction;Protected Works;Copyright Ownership;Moral Rights;Economic Rights and Limitations;Copyright Contract Law;Neighbouring Rights;The Enforcement of Copyrights. The book is a must for all copyright owners concerned about their rights in Japan, and for private practitioners counselling their clients on potential strategies of marketing copyright material and enforcing copyrights in the Japanese market.
Download or read book Japanese Patent Law written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2019-06-14 with total page 748 pages. Available in PDF, EPUB and Kindle. Book excerpt: Japanese Patent Law Cases and Comments Edited by Christopher Heath & Atsuhiro Furuta About the Editors: Christopher Heath is a judge at the European Patent Office and former head of the Max Planck Institute’s Asian Department. Atsuhiro Furuta is an administrative judge at the Japanese Patent Office. He graduated with a Master’s in Physics from the University of Tokyo and for two years was a guest researcher at the Max Planck Institute for Patent, Copyright and Competition Law in Munich. About this book: Japanese Patent Law is the first comprehensive work in English on all aspects of Japanese patent law presenting 66 cases with expert explanatory comments from academics, attorneys, judges and Japanese Patent Office officials. While not a common law jurisdiction, Japanese patent law in the past 20 years has been shaped by landmark decisions of the Supreme Court and, since 2005, the IP High Court. Approaching Japanese patent law via landmark decisions is arguably the most comprehensive manner of understanding the subject matter. Many of the cases appear in English for the first time. What’s in this book: Following an informative introduction explaining the economic importance of the patent system for Japan, the cases cover such specific issues as the following: definition of an invention; assessment of prior art, novelty and inventive step; rights of co-inventors; disclaimers, corrections and amendments; scope and limits of patent protection; distinction between repair and reconstruction; doctrine of equivalents; domestic and international jurisdiction in patent matters; interim proceedings and measures; defence of invalidity; damage calculation; patent term extension system; and utility models. Each case commentary follows a uniform structure, including background, summary of the facts, analysis and comparative remarks. The latter allows the reader to put developments in Japan in an international context. How this will help you: With the wealth of knowledge it makes available – leading Japanese patent cases in English translation, comparative case commentaries by leading experts on Japanese patent law, comprehensive analytical coverage of all aspects of Japanese patent law and coverage of related fields such as licensing, antitrust and civil procedure – this easy-to-use book will be warmly welcomed by patent attorneys and other practitioners (including Japanese patent practitioners advising foreign clients), patent academics and patent offices worldwide.
Download or read book Intellectual Property in Asia written by Paul Goldstein and published by Springer Science & Business Media. This book was released on 2009-01-07 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction Intellectual property rights foster innovation. But if, as it surely does, “intellectual property” means not just intellectual property rules—the law of patents, copyrights, trademarks, designs, trade secrets, and unfair competition—but also intellectual property institutions—the courts, police, regulatory agencies, and collecting soc- ties that administer these rules—what are the respective roles of intellectual property rules and institutions in fostering creativity? And, to what extent do forces outside intellectual property rules and institutions—economics, culture, politics, history—also contribute to innovation? Is it possible that these other factors so overwhelm the impact of intellectual property regimes that it is futile to expect adjustments in intellectual property rules and institutions to alter patterns of inno- tion and, ultimately, economic development? It was to address these questions in the most dynamic region of the world today, Asia, that we invited leading country experts to contribute studies that not only summarize the current condition of intellectual property regimes in countries ranging in economic size from Cambodia to Japan, and in population from Laos to China, but that also describe the historical sources of these laws and institutions; the realities of intellectual property enforcement in the marketplace; and the political, economic, educational, and scientific infrastructures that sustain and direct inve- ment in innovative activity. A.
Download or read book 21st Century Innovation Systems for Japan and the United States written by National Research Council and published by National Academies Press. This book was released on 2009-05-15 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recognizing that a capacity to innovate and commercialize new high-technology products is increasingly a key for the economic growth in the environment of tighter environmental and resource constraints, governments around the world have taken active steps to strengthen their national innovation systems. These steps underscore the belief of these governments that the rising costs and risks associated with new potentially high-payoff technologies, their spillover or externality-generating effects and the growing global competition, require national R&D programs to support the innovations by new and existing high-technology firms within their borders. The National Research Council's Board on Science, Technology, and Economic Policy (STEP) has embarked on a study of selected foreign innovation programs in comparison with major U.S. programs. The "21st Century Innovation Systems for the United States and Japan: Lessons from a Decade of Change" symposium reviewed government programs and initiatives to support the development of small- and medium-sized enterprises, government-university- industry collaboration and consortia, and the impact of the intellectual property regime on innovation. This book brings together the papers presented at the conference and provides a historical context of the issues discussed at the symposium.
