About Intellectual Property IP Training Respect for IP IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgements IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships AI Tools & Services The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars IP Enforcement WIPO ALERT Raising Awareness World IP Day WIPO Magazine Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Webcast WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO Translate Speech-to-Text Classification Assistant Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight
Arabic English Spanish French Russian Chinese
Laws Treaties Judgments Browse By Jurisdiction

Japan

JP083

Back

Act for Establishment of the Intellectual Property High Court (Act No. 119 of June 18, 2004)

Act for Establishment of the Intellectual Property High Court

(Act No. 119 of June 18, 2004)

(Purpose)

Article 1 This Act shall, for the purpose of ensuring more effective and expeditious trial proceedings in intellectual property cases, and bearing in mind developments in the utilization of intellectual property in the Japanese economy and society and the ever increasing importance of the role of justice in the protection of intellectual property, provide for necessary matters for establishment of the Intellectual Property High Court that shall specialize in intellectual property cases.

(Establishment of the Intellectual Property High Court)

Article 2 Notwithstanding the provisions of Article 22, Paragraph 1 of the Court Act (Act No. 59 of 1947), the Intellectual Property High Court shall be established within the Tokyo High Court as a special branch that shall handle the following intellectual property cases over which the Tokyo High Court has jurisdiction:

(i)
Appeals against final judgments rendered by district courts in the first instance on actions pertaining to patent rights, utility model rights, design rights, trademark rights, rights of layout-designs of integrated circuits, copyrights, publication rights, neighboring rights or plant breeders' rights or actions pertaining to infringements of business interests through acts of unfair competition provided for in Article 2, Paragraph 1 of the Unfair Competition Prevention Act (Act No. 47 of 1993), in which specialized knowledge is required for examination.
(ii)
Lawsuits pertaining to actions set forth in Article 178, Paragraph 1 of the Patent Act (Act No. 121 of 1959), Article 47, Paragraph 1 of the Utility Model Act (Act No. 123 of 1959), Article 59, Paragraph 1 of the Design Act (Act No. 125 of 1959), or Article 63, Paragraph 1 (including the cases where it is applied mutatis mutandis pursuant to Article 68, Paragraph 5) of the Trademark Act (Act No. 127 of 1959).

(iii) Cases in addition to what is listed in the preceding two items in which specialized knowledge on intellectual property is required for examination of the major points at issue.

(iv) Lawsuits for which oral proceedings should be carried out jointly with lawsuits set forth in Item 1 or 2 or cases set forth in the preceding Item that have been brought as lawsuits.

1

(Judges of the Intellectual Property High Court)

Article 3 (1) The Supreme Court shall designate judges who shall serve the Intellectual Property High Court.

(2) The Supreme Court shall appoint one of the judges serving the Intellectual Property High Court as the President of the Intellectual Property High Court.

(Judicial Administrative Matters of the Intellectual Property High Court)

Article 4 (1) The Intellectual Property High Court shall, through the discussions of the Meeting comprised of the judges serving the Intellectual Property High Court and under the general supervision of the President, assign the court cases and perform other judicial administrative matters of the Intellectual Property High Court.

(2) The Meeting set forth in the preceding paragraph shall consist of all the judges who serve the Intellectual Property High Court and shall be chaired by the President of the Intellectual Property High Court.

(Secretariat for the Intellectual Property High Court)

Article 5 A Secretariat for the Intellectual Property High Court shall be established within the Intellectual Property High Court as the body in charge of the general affairs of the Intellectual Property High Court.

Supplementary Provision

This Act shall come into force as from April 1, 2005.

2