7.3.2 Tokyo District Court and Osaka District Court
7.3.2.1 Jurisdiction
A patentee may file a civil lawsuit seeking an injunction against, or damages for, an alleged infringement of a patent.
Patent infringement lawsuits handled by a district court are under the exclusive jurisdiction of the Tokyo District Court or the Osaka District Court. One or both of these courts will have jurisdiction depending on the location of the defendant, the plaintiff (if damages are sought) and where the infringement occurred. The Tokyo District Court has jurisdiction if this location is in the northern or eastern parts of Japan, and the Osaka District Court has jurisdiction if the location is in the southern or western parts of Japan.116
For the period from 2014 to 2021, approximately 30 percent of patent infringement cases that came before the Tokyo District Court and Osaka District Court were settled. Of the remainder, 21 percent had the claim upheld, 44 percent were dismissed, 2 percent were dismissed without prejudice, and 2 percent upheld confirmation of the nonexistence of obligation. In 2021, the average duration of an IP case handled by the Tokyo District Court or Osaka District Court (from commencement to a final decision) was 15.2 months.117
The Tokyo District Court has made the following documents available in English (via the IP High Court website):
- Guideline for Proceedings of Patent Infringement Suit; and
- Guide to IP Conciliation Proceedings.118
The Osaka District Court has made the following documents available in English (via the IP High Court website):
- Flow of Procedures for a Patent / Utility Model Right Infringement Suit;
- Instructions for Proceedings of the Stage for Examination on Damages;
- Guidelines for IP Conciliation Proceedings at the Osaka District Court; and
- Explanation of the New IP Conciliation at the Osaka District Court.119
See Section 7.6 for more information about the district court process in relation to patent infringement lawsuits.
7.3.2.2 Key personnel
7.3.2.2.1 District court judges
As of April 1, 2021, the Tokyo District Court had 12 judges in four divisions that specialize in IP-related cases, and the Osaka District Court had 5 judges in two divisions. District court judges are appointed by the Cabinet from lists of candidates nominated by the Supreme Court. Most district court judges start their careers as assistant judges. Assistant judges are allowed to serve on the bench but are not authorized to deliver a judgment as a single-judge panel; they usually sit as a member of a three-judge panel. In certain circumstances, the Supreme Court may appoint an assistant judge to hear a case as a single-judge panel.120
7.3.2.2.2 Conciliators
The IP divisions of the Tokyo District Court and Osaka District Court provide IP conciliation services. Part-time judicial officers called “conciliators” settle civil disputes through conciliation proceedings in which they have the same level of authority as a judge. They are generally appointed from among attorneys with at least five years’ experience in practice.121
7.3.2.2.3 Expert court officials
The Tokyo District Court, Osaka District Court and the IP High Court employ technical advisors and judicial research officials to help ensure the efficiency of court proceedings and the accuracy of decisions that involve highly specialized technical issues. The role of these expert court officials – in both the district courts and the IP High Court – is discussed in Sections 7.3.3.3.3 and 7.3.3.3.4.122