Japan Intellectual Property Arbitration Center

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Current revision as of 13:38, 30 June 2010


[edit] General Information

  • Official name: Japan Intellectual Property Arbitration Center
  • Country: Japan
  • City: -
  • Type of organization: Independent organization
  • Date of creation: 1950
  • Interests: Arbitration - Mediation
  • Fields of expertise: International property disputes

[edit] Description

Japan Intellectual Property Arbitration Center is an ADR ([[Alternative Dispute Resolution) organization established by the Japan Federation of Bar Associations in cooperation with the Japan Patent Attorneys Association, in order to provide a dispute resolution, etc. of intellectual property.

This Center provides consultation for intellectual property disputes by one attorney-at-law or one patent attorney, or both an attorney-at-law and a patent attorney.

Consultation shall be conducted at a location which this Center designates, such as a conference room of this Center, by an attorney-at-law and/or a patent attorney, including mediator, arbitrator, and panelist candidates, as well as assistant mediator, arbitrator, and panelist candidates.

In the case where consultation is conducted by one consultant, a consultation fee of 10,500 yen for the first hour and 5,250 yen for each additional 30 minutes shall be assessed. In the case where consultation is conducted by two consultants in total, that is, one attorney-at-law and one patent attorney, the consultation fee above shall be increased by 80%. If consultation is not completed during the relevant consultation session for whatever reason, such as lack of time or lack of the relevant materials, and if a client desires, the consultation can be continued by the consultant who in charge of such consultation.

Upon a client's request, a "consultation record," which includes a brief summary of the content of such consultation, as well as answers provided, shall be created and furnished to the client.

When a company makes a business judgment concerning intellectual property, it sometimes faces difficulty due to lack of information on which to base a decision.

For example, there might be a situation where a company does not need an expert's written opinion, but would like to gather more information or explore an idea about such through asking simple questions in an unfamiliar intellectual property dispute.

In such cases, a "consultation record" might be a preferred approach and help with creating internal explanatory materials based on this, and also assist in preparing for the management's business judgment.

[edit] Mediation at Japan Intellectual Property Arbitration Center

Mediation is a process in which mediators suggest a compromise solution to parties to a dispute, in an attempt to settle the dispute through remediation.

Once an application for mediation proceedings is made to this Center, one attorney-at-law and one patent attorney, two in total, shall be appointed as mediators from the list of mediator candidates of this Center, and the mediation proceedings shall be commenced.

With both parties' agreement, it is possible to appoint any person as a mediator, whether or not listed on the above list.

Since mediation proceedings are not viable without the approval of both parties, it is possible for the mediation to end in failure at any time if a party does not wish to achieve a resolution through mediation, even if the mediation is in process. Therefore, when an application for mediation is made against you, we recommend that you attend the proceedings, listen to the presentations, and see how things go in the meantime, instead of completely refusing to participate in the proceedings at all from the beginning.

[edit] Arbitration at Japan Intellectual Property Arbitration Center

When we use the term "arbitration" in our daily life, it means to intervene in a dispute between parties and thus, leading to the resolution of such dispute; however, "arbitration" as used here has a legal meaning different from this more common understanding. In the latter type of arbitration, the existence of an arbitral agreement (arbitral contract), that is, "an agreement to appoint one or three arbitrators to make a decision on a dispute relating to private legal relation, and that both shall follow this decision" between the disputing parties is an essential prerequisite. Arbitration is also fundamentally different from mediation which is a process aimed at resolving a dispute without arbitral agreement.

When an arbitral agreement is reached and an application for arbitration is made to this Center, the resolution of a dispute shall be entrusted to three arbitrators, including at least one attorney-at-law and one patent attorney. If both parties desire to do so, each shall appoint one arbitrator, respectively, and this Center shall appoint the third arbitrator.

An arbitral award rendered by arbitrators shall have binding force on the disputing parties, and no appeal (including lawsuit) can be pursued, in principle.

[edit] Summary of Business

At this Center, attorneys-at-law, patent attorneys, and academic experts resolve various problems relating to intellectual property, through consultation, mediation, arbitration, issuance of advisory opinions, and domain name dispute rulings, etc., taking advantage of the professional expertise and experience of the experts involved.

  • Consultation: This Center provides consultation in order to resolve and prevent the escalation of disputes relating to intellectual property.
  • Mediation: Mediation is a system in which mediators, consisting of one attorney-at-law and one patent attorney, cooperate to resolve a dispute between the parties, and work toward reaching a settlement. Cases are settled and set forth in a settlement agreement based on mediators' opinions and decisions and agreed to by the parties.
  • Arbitration: Arbitration is a process in which the resolution of disputes is entrusted to at least three arbitrators, including an attorney-at-law and a patent attorney, and is based on the parties' agreement to adhere to the arbitrators' binding decision.

Additionally, arbitral expert testimony is heard and the parties agree to accept a decision which is made on particular facts (For example, the parties agree not to seek an injunction or damages, but request a decision on the issue of whether or not A's products infringe B's patent, and accept such decision.). Rules for Arbitral Proceedings shall be applied to all arbitral expert testimony.

  • Center's Advisory Opinion: With regard to patent right, utility model right, design right, and trademark right, advisory opinions shall be issued by one attorney-at-law and a patent attorney on whether or not a subject product falls within the scope of these rights, and on the issue of whether or not there are grounds for invalidating the registration with respect to these rights. There are two types of Center's Advisory Opinions, these are: a unilateral opinion in which only the applicant shall be a party; and a bilateral opinion in which both the applicant and the respondent shall be parties.
  • Center's Advisory Opinion on Essentiality: Advisory Opinion on Essentiality is a procedure to issue advisory opinions by the Center on whether or not a particular patent is essential for implementation of functions and effects as prescribed in a particular technical standard (hereinafter, the "Subject Technical Standard"), based on the agreement between the Center and the licensing organization of essential patents relating to the Subject Technical Standard.
  • JP Domain Name Dispute Resolution: Disputes in connection with a domain name, such as a dispute in the case where a registered trademark is registered as a JP domain name in bad faith by others, shall be resolved

[edit] Contact

Email: info@ip-adr.gr.jp

Official Website

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