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)
(To Part 12) (To Part 14)