Judicial IP arbitration proceedings in Japan (in German)

|   Publications

Dr. Klaus Hinkelmann, in Mitteilungen der deutschen Patentanwälte (Communication of the German Patent Attorneys), pages 481-485, 2022.

As of Oct. 1, 2019, the applicable judicial arbitration procedure for the arbitration of IPR disputes was introduced at the Tokyo and Osaka District Courts, which have exclusive jurisdiction in patent infringement cases in the first instance. This article addresses the initiation, process and termination of these IP arbitration proceedings, which serve to resolve IP disputes easily and quickly. Advantages of IP arbitration are its flexible, fast, expert and, moreover, non-public process. In addition, the arbitration result can be enforced like a court judgment.