Patent Japan

Monday, August 14, 2006

IP High Court asked JPO Commissioner's opinion in trademark revocation case

On August 12, 2006, Jiji Press reported that, in the lawsuit against the decision of trademark revocation by the JPO appeal board, the Intellectual Property High Court asked, for the first time, the opinion for the JPO Commissioner.

Section 180bis of Patent Law which was revised in 2003 provides that courts are allowed, by their discretion, to ask the opinion of the JPO Commissioner, or that he can, with the permission of the courts, volunteer to present his opinion, on legal issues in the lawsuit against the decision of the JPO appeal board in the case of inter partes proceedings (e.g. appeal for patent invalidation).

Before that revision, the lawsuits against the decision on the appeal to invalidate patent by the JPO appeal board are contested purely between the patentee and the appellant, and JPO doesn't have chances to make comments on the decision it makes, unless it should intervene in the case according to the Administrative Procedure Act which have rarely happened.

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