「知財管理」誌
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| 掲載巻(発行年) / 号 / 頁 | 5巻(2005年) / 2号 / 1頁 |
| 論文区分 | 論説 |
| 論文名 | Revision of the Patent Law to Simplify Verification of Patent Infringement and Corporate Response |
| 著者 | 特許第2委員会 |
| 抄録 | The Consultation Group on Intellectual Property Litigation was held under the Office for Promotion of Justice System Reform to consider each of the points of argument, specifically, the relationship between judgments on invalid patents in patent right infringement lawsuits and decisions in trials for invalidation, introduction of expertise in intellectual property lawsuits, and measures to simplify verification of infringement. A bill for the “Law for Establishing the Intellectual Property High Court” and a bill for the “Law for Amending a Part of the Court Organization Law,” both of which are compiled based on the result of the consideration, were approved and became law in the Diet on June 11, 2004 and will come into force on April 1, 2005. This report summarizes the key points of revision of the Patent Law while focusing attention on the revision that directly affects judicial practice, specifically, development of in-camera proceedings and protection of trade secrets in infringement lawsuits, both of which are related to the simplification of verification of infringement. This report also examines practical problems when utilizing the systems newly introduced this time and compares these systems with the systems of European countries and the United States. |
