#7: Calculation of Damages under Japanese Patent Law

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TMI Podcast - Intellectual Property in Japan

TMI Associates

9 episodes

2 days ago

"TMI Podcast" is brought to you by TMI Associates, which is one of the leading law firms in Japan, with the capability of providing full-service across all legal fields. This podcast talks all about intellectual property issues in Japan, and provides you with news, tips, and information about various types of intellectual property, such as patents, trademarks, and designs.

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#7: Calculation of Damages under Japanese Patent Law

TMI Podcast - Intellectual Property in Japan

13 minutes 31 seconds

1 year ago

#7: Calculation of Damages under Japanese Patent Law

In this episode, we examine the key provisions of the Japanese Patent Act, Article 102, covering the three main methods for determining damages: lost profits, the infringer’s profits, and reasonable royalties. We also discuss recent legislative amendments aimed at enhancing patent protection, including the 2020 revisions, as well as significant rulings by the Intellectual Property High Court. This episode is essential listening for patent professionals and anyone interested in the evolving framework of Japanese patent litigation. We invite you to tune in and stay informed on these critical developments.

- Statistics from the Intellectual Property High Court of Japan

https://www.ip.courts.go.jp/vc-files/ip/2024/j_sintoukeiH26_R5.pdf

- Case No. 2022(R2) (Ne) 10024

https://www.ip.courts.go.jp/vc-files/ip/2022/Re2ne10024-zen.pdf

- Japan Patent & Trademark Update Issue 24

https://www.tmi.gr.jp/uploads/2023/07/24/jptu_issue24.pdf

- Ms. Moeha HOSONUMA

https://www.tmi.gr.jp/people/m-hosonuma.html

- Mr. Yuya KURODA

https://www.tmi.gr.jp/people/y-kuroda.html