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Benrishi
Benrishi (弁理士) is a Japanese legal profession specifically licensed to practice intellectual property law. Most benrishi specialize in patent law, but are also allowed to practice in copyright, trademark, unfair competition and trade secret law. While benrishi are often referred to as "patent attorneys" in English, their qualifications differ from patent attorneys in the United States and Germany in some aspects. Benrishi are not necessarily required to possess legal educations. Benrishi also have greater authority than patent specialists in other countries, as they are allowed to represent clients in administrative proceedings and out-of-court bargaining related to IP rights. The benrishi examination (弁理士試験 ''benrishi-shiken'') covers a broad range of intellectual property law (patent, utility model, design, trademark, treaties, copyright and unfair competition law) and limited fields of law and science. The benrishi examination consisted of three stages. The first ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Attorney
A patent attorney is an attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing patent applications and oppositions to granted patents. The term is used differently in different countries, and thus may or may not require the same legal qualifications as a general legal practitioner. The titles patent agent and patent lawyer are also used in some jurisdictions. In some jurisdictions the terms are interchangeable, while in others the latter is used only if the person is qualified as a lawyer. Qualification regimes In Europe, requirements for practising as patent attorney before national patent offices should be distinguished from those needed for practising before the European Patent Office (EPO) or the Eurasian Patent Office (EAPO). On the national level, the requirements are not harmonized, although across the 27 Member States of the Europ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bengoshi
In Japan, form the base of the country's legal community. History Pre-Meiji restoration Historically, Japanese customs instituted an avoidance of legal involvement, based upon Confucian doctrines, and Japanese principles of harmony; anyone brought before a court for a criminal or civil matter suffered public and private humiliation, since they disrupted harmony. Nevertheless, by the 18th century, innkeepers in Edo began offering simple legal services for guests. They were known as ''Kujishi''. By the 19th century, references began to appear in Japanese literature on the role of "European-style" lawyers. Officially recognized legal representatives in civil trials, known as ''daigennin'', began to appear by the mid-19th century. No legal training was required to be a ''daigennin''. Meiji restoration Regulation of legal professionals began during the Meiji Restoration. In 1890, the Criminal Code was amended, which recognized the right to legal representation during a criminal tri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intellectual Property
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in the majority of the world's legal systems."property as a common descriptor of the field probably traces to the foundation of the World Intellectual Property Organization (WIPO) by the United Nations." in Mark A. Lemley''Property, Intellectual Property, and Free Riding'', Texas Law Review, 2005, Vol. 83:1031, page 1033, footnote 4. The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Meiji Era
The is an era of Japanese history that extended from October 23, 1868 to July 30, 1912. The Meiji era was the first half of the Empire of Japan, when the Japanese people moved from being an isolated feudal society at risk of colonization by Western powers to the new paradigm of a modern, industrialized nation state and emergent great power, influenced by Western scientific, technological, philosophical, political, legal, and aesthetic ideas. As a result of such wholesale adoption of radically different ideas, the changes to Japan were profound, and affected its social structure, internal politics, economy, military, and foreign relations. The period corresponded to the reign of Emperor Meiji. It was preceded by the Keiō era and was succeeded by the Taishō era, upon the accession of Emperor Taishō. The rapid modernization during the Meiji era was not without its opponents, as the rapid changes to society caused many disaffected traditionalists from the former samurai cl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. However, not all highest courts are named as such. Civil law states tend not to have a single highest court. Additionally, the highest court in some jurisdictions is not named the "Supreme Court", for example, the High Court of Australia. On the other hand, in some places the court named the "Supreme Court" is not in fact the highest court; examples include the New York Supreme Court, the supreme courts of several Canadian provinces/territories, and the former Supreme Court of Judicature of England and Wa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intellectual Property High Court
The Intellectual Property High Court (, ''Chiteki-zaisan kōtō-saiban-sho''), sometimes abbreviated IPHC, is a special branch of Tokyo High Court in the judicial system of Japan. It is based in Kasumigaseki, a district in Chiyoda Ward in Tokyo, Japan. The Intellectual Property (IP) High Court was established on 1 April 2005,IP High Court web site''History'', consulted on 12 January 2008. in order to accelerate and reduce the costs of patent litigation in Japan. The IP High Court hears appeals from district courts in Japan on patent actions and suits against appeal/trial decisions made by the Japan Patent Office (JPO).The IP High Court is also the exclusive court of appeals on issues such as: the rights of authors of a computer program, utility model rights, and integrated circuit layout design protection. References Further reading * Katsumi Shinohara''Outline of the Intellectual Property High Court of Japan'' AIPPI The International Association for the Protection of Intell ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Litigation
- A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private party i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arbitration
Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. In certain countries such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensual arbitration, particularly commercial ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Customs (tax)
Customs is an authority or agency in a country responsible for collecting tariffs and for controlling the flow of goods, including animals, transports, personal effects, and hazardous items, into and out of a country. Traditionally, customs has been considered as the fiscal subject that charges customs duties (i.e. tariffs) and other taxes on import and export. In recent decades, the views on the functions of customs have considerably expanded and now covers three basic issues: taxation, security, and trade facilitation. Each country has its own laws and regulations for the import and export of goods into and out of a country, enforced by their respective customs authorities; the import/export of some goods may be restricted or forbidden entirely. A wide range of penalties are faced by those who break these laws. Overview Taxation The traditional function of customs has been the assessment and collection of customs duties, which is a tariff or tax on the importation or, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Japan Patent Office
The is a Japanese governmental agency in charge of industrial property right affairs, under the Ministry of Economy, Trade and Industry. The Japan Patent Office is located in Kasumigaseki, Chiyoda, Tokyo and is one of the world's largest patent offices. The Japan Patent Office's mission is to promote the growth of the Japanese economy and industry by administering the laws relating to patents, utility models, designs, and trademarks. Copyright affairs are administered by the Agency for Cultural Affairs. The current Commissioner of the JPO is Koichi Hamano. Organization The Japan Patent Office is headed by a commissioner and consists of seven departments: * General Affairs Department * Trademark, Design, and Administrative Affairs Department, in charge of examining trademark right applications, design right applications and formalities check of all applications including patent applications * First Patent Examination Department, examining patent applications related to ap ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder mus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
