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Overview of the Legal Framework Governing Damages Claims in the Japan’s Patent Act
Under the Patent Act of Japan (Act No. 121 of 1959) (“Patent Act”), when patent rights are infringed, the patentee may seek injunctive relief to halt the infringing acts, claim compensation for damages, and request measures to restore the patentee’s reputation. The following is an overview of the damages framework in the Patent Act. A patentee may claim damages against a party who manufactures, sells, imports, or otherwise deals in products that infringe the patentee’s patent rights (“Infringer”). Japanese law permits only compensation for actual damages; enhanced damages, such as punitive damages, are not available, even in cases involving willful infringement. To bring a successful claim for damages, the patentee generally must establish: 1. Intent or negligence on the part of the Infringer...To read the full article, please see the PDF file
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With respect to patent disputes in the field of intellectual property, Mitsuhiko has been involved in multiple patent infringement suits relating to machinery, electrical and electronic technologies, semiconductors, and biotechnology and pharmaceuticals, as well as litigation seeking compensation for employee inventions, actions for the revocation of trial decisions, and out-of-court negotiations. He has also been involved in a variety of lawsuits and negotiations concerning trademark infringement and unfair competition matters.
His transactional practice encompasses a broad range of intellectual property issues, including legal due diligence for domestic and cross-border matters, advising on M&A transactions, and drafting and negotiating agreements relating to domestic and international intellectual property transactions.
He also performs legal research and provides practical regulatory advice on domestic and international data and telecommunications laws and regulations.
In addition, he advises on matters involving intellectual property and data in emerging and technology-driven sectors, including the gaming, sports, and IoT industries.
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Since 2010, he has been continuously handling transactions, disputes, and regulatory matters related to IT technology and the IT industry, intellectual property matters including measures against counterfeit products, and data protection matters concerning personal data and trade secrets. He also has abundant knowledge on cybersecurity practices and is registered as a registered information security specialist (national qualification in Japan). After studying in the U.S. and the U.K., he moved to Vietnam and then Thailand. Since then, he has been involved in the above-mentioned matters not only in Japan but also in Vietnam, Thailand, Singapore, Indonesia, and other Southeast Asian countries. While there are few Japanese lawyers in Southeast Asia who specialize in the above-mentioned matters, he supports international companies by utilizing both his abundant knowledge and practical experience in the above-mentioned matters and his local experience and network in Southeast Asia.