FAQ Archives - Page 91 of 94 - Ohara & Furukawa

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.

February 23, 2016

Does the Japanese patent litigation system involve large amounts of discovery?

Patent litigation in America usually involves many months of discovery with lawyers pouring over emails, faxes, technical documents and notes looking for the “smoking gun” piece of evidence. This process is designed to ensure that all evidence is available at trial and the correct verdict is reached. However, it also greatly increasing attorney’s fees as teams of lawyers bill hours churning through documents.