Ohara & Furukawa

February 23, 2016

What types of things can be covered by copyright law?

To receive the protection of copyright law in Japan, an object must contain the “thoughts or sentiments” of its creator. While this sounds like a very deep and existential question it is broadly interpreted to mean some indication of human mental activity. This means that natural objects or art created by animals cannot be copyrighted.
February 23, 2016

What are the categories of objects that can receive a copyright in Japan?

To be subject to copyright law and receive the protection of a copyright, an object must be part of either the literary, scientific, artistic or musical domain. Some examples of literary works include novels, poems and comedy routines. Musical works include songs but the actual lyrics themselves are classified as literary works.
February 23, 2016

Is it possible to copyright a translation or musical remix?

Normally, for a work to be copyrighted it must be original. Therefore, someone who directly copies another work cannot receive copyright protection for the copy.
February 23, 2016

Which courts hear patent litigation cases in Japan?

Sometimes having an exclusive patent right isn’t enough to discourage others from producing infringing copies. In these circumstances, sometimes a forcefully worded letter drafted by a lawyer can help resolve the issue. However, sometimes the patent right holder will need to enforce his or her patent right in court.