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Participation in Europe/Japan Mock Trial in Paris

On September 23, 2016, Chief Judge Ryuichi Shitara of the IP High Court participated in the Europe/Japan Mock Trial held by the European Patent Lawyers Association (EPLAW), under the theme of “Gathering evidence in patent proceedings: a comparison of Japan, France, Germany, and the UK”.
Based on this theme, first, the French mock trial was held by Judge Alain Girardet of the Cour de Cassation(equivalent of the Supreme Court), Attorney Amandine Metier, and Attorney Marta Mendes Moreira. Next, the English mock trial was held by Judge Richard Hacon of the Intellectual Property Enterprise Court (IPEC), Attorney Alex Wilson, and Attorney David Lancaster.Then, the German mock trial was held by Judge Dr. Klaus Grabinski of the Federal Court of Justice, Attorney Dr. Peter Kather, and Attorney Dr. Christof Augenstein. Finally, Chief Judge Shitara held the Japanese mock trial with Attorney Koichi Tsujii and Attorney Yasufumi Shiroyama.
In these mock trials,the use of the procedures for collection of evidence in each country, for example, "saisie-contrefaçon" in France, inspection in Germany, inspection and disclosure in the UK, and order to submit a document, order to produce document in camera and protective order in Japan, was specifically shown with respect to the cases concretely hypothesized. It was a valuable opportunity to understand the practical proceedings of patent litigation in each country.
Following the mock trials of the respective countries held as mentioned above, Chief Judge Shitara also participated in a panel discussion and actively exchanged views with judges from the respective countries with the attendance of Attorney Alex Wilson as moderator about how the procedures for collection of evidence should be taken. Chief Judge Shitara explained whether evidence collected in Japan may be used in a court of a foreign country, and also explained the reason why the observation is not utilized in Japan, Furthermore, he explained that there are not many orders to submit a document in Japan because in many cases evidence is voluntarily disclosed at the court’s suggestion and because the Code of Civil Procedure does not allow abusive or exploratory collection of evidence.