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Participation in the 2017 International IP Court Conference in the Republic of Korea

On September 6 and 7, 2017, the 2017 International IP Court Conference was held at the Patent Court of Korea in Daejeon, in which our Chief Judge Misao Shimizu and Judge Motoyuki Nakashima of the IP High Court participated.

Hosted by the Patent Court of Korea and participated in by judges, lawyers, entrepreneurs and others who are involved in intellectual property cases from the Republic of Korea, the U.S., Germany, China, Vietnam and Japan, the Conference held sessions for two days on the following seven topics: “Cooperation and Harmonization among IP Courts,” “New Challenges in IP litigation from Business Perspective,” “Recent Issues on Pharmaceutical and Biotech Patents,” “Patentability and Remedies with a focus on the ICT Industry,” “Practices in patent litigation: United States,” “Practices in patent litigation: Asia,” and “Practices in patent litigation: EU.” At these sessions, attended by a large audience consisting mainly of Korean judges, lawyers and other persons in the legal profession, the present situation regarding each participating country was presented and opinions were exchanged.

Chief Judge Shimizu participated as a speaker in the session entitled “Cooperation and Harmonization in Patent Courts” together with other speakers, namely, Chief Judge Daekyeong LEE of the Patent Court of Korea and Chief Judge Barbara LYNN of the United States District Court for the Northern District of Texas; and also delivered a speech summarizing the Japanese IP High Court, as well as discussed, among other topics, cooperation and harmonization with foreign IP courts and among Japanese, Chinese and Korean IP courts. Chief Judge Shimizu also participated as a speaker in the session entitled “Patentability and Remedies with a focus on the ICT Industry,” together with other speakers, namely, Chief District Judge Barbara LYNN, Judge Hyunjin CHANG of the Patent Court of Korea, Judge Jianzhong JIANG of the Beijing Intellectual Property Court of China, Judge Martina SCHWONKE of the Federal Court of Justice (BGH) of Germany, and Professor Sang-Jo JONG of the Seoul National University School of Law. Judge Shimizu mainly discussed topics such as “standard essential patents and exercise of rights” and “exercise of rights with respect to a product where small parts contained in the product infringe a patent right,” and presented the Japanese court’s views as reflected in past cases.

Judge Nakashima participated as a speaker in the sessions entitled “Recent Issues on Pharmaceutical and Biotech Patents” and “Practices in patent litigation: Asia.” At the former session, Judge Nakashima presented: writing requirements for pharmaceutical patents in Japan; method for determining an inventive step; and a grand panel judgment that indicates the scope of effect of a patent right whose extension of duration has been registered. At the latter session, Judge Nakashima presented the way that technical knowledge is utilized in Japan, explaining mainly about the actual situation regarding explanatory sessions held in Japan.

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