Posts in Japan

This week, a patent battle between two American tech giants expands its scope to China, patents covering a well-known multiple sclerosis treatment were invalidated in U.S. district court and Trumpcare emerges as a possible trademarked moniker for the next incarnation of the country’s healthcare system, Disney files a patent application on evaluating human emotions while on amusement park rides, Ajit Pai holds his first open FCC meeting as Chairman and not surprisingly says he wants to reduce regulations, plus a whole lot more.

On the menu this week for Other Barks & Bites, the Supreme Court hears oral arguments in a case challenging the Lanham Act’s disparagement provision, a six-figure damages verdict goes in favor of former USPTO Deputy Director Russell Slifer, a TTAB petition is filed to challenge the trademark application for an NFL franchise currently in the relocation process, an announcement by a Japanese academic-industry research project that claims to have doubled the effectiveness of solar cell panel conversion rates, the FTC takes action against a pharmaceutical company and much more.

On December 15th, Japanese electronics conglomerate Sony Corp. filed a patent infringement lawsuit in U.S. district court against Japanese photography and imaging company Fujifilm. At the center of Sony’s legal action are magnetic tape products marketed by Fujifilm which allegedly practice technology copied from Sony without a license. In the official complaint filed by Sony, the company asserts a series of four patents, which it alleges Fujifilm of infringing through the sale of the company’s Linear Tape-Open (LTO) format magnetic tapes, specifically generation four, five and six LTO tapes (LTO-4, LTO-5, LTO-6).

Of the 2.9 million patent applications which were filed in patent offices across the world in 2015, more than one million of those applications were filed with the State Intellectual Property Office (SIPO) of China, the first time that a single patent office has broken that milestone according to the World Intellectual Property Organization (WIPO). China’s huge number of filings is a big reason why worldwide patent applications rose 7.8 percent from 2014’s totals. WIPO also notes that China received more patent applications than its next three rivals combined: the United States (589,410 patent applications); Japan (318,721); and the Republic of Korea (213,694).

A recent report from French consulting firm PMP Conseil made waves in the media for indicating that public performance exemptions in U.S. copyright law, such as Section 110 exemptions, cost copyright owners $150 million each year in lost royalties, $44 million of which is attributable to U.S. copyright owners in Europe. On November 11th, this study was presented by the International Council of Creators of Music (CIAM) at it’s annual conference in London. CIAM maintains that the U.S. is one of two “more economically developed countries” that have an exemption in place for playing music in bars, restaurants and retail establishments by radio or television.

Within one week of the Pokemon Go July 6th release date, the digital monster catching game surpassed 10 million downloads, the fastest that this feat has ever been achieved by a mobile platform game… Niantic’s mobile-based gaming business is currently protected by a portfolio of 3 U.S. patents which are directed at what the company refers to as “location-based parallel reality games.”

The focus of the political advocates pushing march-in may be lower drug costs. But the long-term costs of ripping apart IP rights are far higher and more fundamental than advocates acknowledge. The long-term price of exercising these exceptional prerogatives could include creating a crisis in confidence over use of federally funded research discoveries, dried-up private investments where basic research has federally funded fingerprints, hesitation to commercialize university research, and a corresponding drop in start-ups, new products, economic development and technological advancements. March-in could effectively repeal Bayh-Dole.

Autonomous self-driving technologies may be grabbing headlines for vehicle manufacturers but it’s hardly the only direction in which carmakers are innovating. Infotainment systems bring a smartphone-like platform for software applications straight to the dashboard, providing everything from navigation assistance to streaming music services and even phone call capabilities. Knob-based radio and air conditioning controls are being replaced by touch-sensitive displays and voice-controlled services connecting drivers and passengers to Internet-based services. According to market research reports, the market for in-car infotainment systems is expected to rise from $14.4 billion in 2016 up to $35.2 billion in 2020.

An improved multiplayer experience for Sonic games is at the center of U.S. Patent No. 8834269, titled Program, Game Device and Method of Controlling the Same. It claims a non-transitory computer-readable medium storing game instructions, a control means arranging a viewpoint and first and second characters in a virtual three-dimensional space and a rendering means projecting the first and second characters present in a field-of-view range from the viewpoint to a two-dimensional plane to create a game image. The system is designed to keep two video game players who are playing cooperatively within the same field of view even when one player has much greater skill than the other player and has gotten much further ahead in the game. This addresses a problem in which a player with less skill would fall so far behind that they wouldn’t be displayed on a screen, increasing the difficulty of making jumps or getting past other obstacles. Diagrams attached to the patent clearly show that the technology is very likely part of the Sonic The Hedgehog franchise.

Reports from Japanese media indicate that Osaka-based Funai Electric (TYO:6839) will cease production of videocassette recorders (VCRs) by the end of the month. The company cited a few issues such as a difficulty to source parts and dwindling sales which dropped to 750,000 units in 2015; at its peak, Funai was selling 15 million VCR units per year. The death knell for videotape technologies has been sounding for some time. Last year, Tokyo-based electronics conglomerate Sony Corp. (NYSE:SNE) announced its decision to discontinue both Betamax videocassettes and Micro MV cassettes used for recording. The Video Home System (VHS) standard suffered a significant blow in 2008 when the last major VHS distributor discontinued sales. Although few are bemoaning the loss of videotape thanks to the convenience and higher quality of discs and VOD, production of the world’s last VCR turns our focus backwards in time to see the rise and fall of this early home video technology.

For non-residents, getting an invention to market in Japan is no small task. Filing patents there can pose significant challenges. More than cultural and language barriers, unique Japanese filing requirements and an unforgiving post-grant landscape could undo even the best and brightest market opportunities. Avoid the hassle and heartburn with these seven things that will help prepare you for filing in Japan.

Protection of the official names of States and prevention of their registration and use as trademarks have been the focus of attention of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications at the World Intellectual Property Organization (the “SCT”) for over six years (since June 2009). Each of the WIPO Member States has both its own national procedures with their peculiarities and some coinciding positions on the subject. Generally speaking, when performing the examination, the competent national authority examines the sign applied for registration as a trademark and consisting of or containing the name of a State in light of formal and substantive legal requirements, like any other sign.

The World Intellectual Property Organization (WIPO) has published its annual World Intellectual Property Indicators. The 2015 report dissects the macro trends associated with filing activity and registrations for 2014 in the following intellectual property areas: patents, trademarks, industrial designs, and plant varieties… The twenty-year era of growth in industrial design patent applications came to an abrupt end in 2014… The decline in global applications stems primarily from the pronounced decrease in resident filings at the State Intellectual Property Office of the People’s Republic of China (SIPO), which fell 14.9% over the past year.

After a decade of disputes and lobbying, Ukraine has finally joined the countries with special IP courts or patent courts, namely the United Kingdom, the United States, China, Brazil, Germany, Sweden, Japan, Chile, France, Peru, Portugal, Russia, Spain and others… The reform provides for establishing the High Court on Intellectual Property Issues by autumn 2017 as a court of the first instance for copyright, trademark and patent disputes. Judicial decisions will be reviewed in the court of appeal within the chamber of the Supreme Court of Ukraine.

The IP5 is the name given to a forum of the five largest intellectual property offices in the world that was set-up to improve the efficiency of the examination process for patents worldwide. The top five Patent Offices (IP5) have recognized this internationalization phenomenon and many directives have been introduced to facilitate cooperation between the patent offices… For example, the IP5’s Common Citation Document (CCD) application now allows access of up-to-date citation data of all five patent offices.