This is the 13th part of our seminar “Intellectual Property in Japan (Patent right)”.
“Trial and Litigation” will be explained in an easy-to-understand manner with slides.
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As mentioned in Part 12, a party can request a trial for reviewing an examination etc.
There is one question.
What can the party do when they are dissatisfied with a trial decision?
In this part, the relationship between trial and litigation will be described.
We have learned about 4 kinds of trials in the previous part.
If one party is dissatisfied with the trial decision, they may take an action against it to a court.
This is the answer of the previous question.
By the way,
Which court have jurisdiction over the action against a trial decision?
The Tokyo High Court shall have exclusive jurisdiction over any action against a trial decision (Japan Patent Act Article 178.1).
District court have no jurisdiction over it.
This is because 3 instances (District court, High court, and Supreme court) after a trial takes too much time.
Moreover, a trial decision is reliable because it is made by professionals in the Japan Patent Office.
I’d like to wrap up with a summary of this part.
A party who is dissatisfied with a trial decision may file a request for a litigation rescinding the trial decision to the court.
“Litigation rescinding the trial decision” is a method to act against a trial decision.
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A decision on right or wrong about administrative action will be left to a court.
These slide are made to tell the transfer timing to a court.
Trial and Litigation will be described in the next slide too.
That’s all for Part 13 (Trial and Litigation).
IPdash Tokyo Intellectual Property Firm (Japan)
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