Court Decisions relating to Intellectual Property in November, 2008

Recently, the number of Injunction suits or Compensation for damage suits has decreased. This seems to be because such suits are rarely granted in these years. Thus, most IP suits in Japan consist of suits against appeal decisions.

Suit against appeal decisions
(decision made by the Intellectual Property High Court)

	Number of Decisions	Number of Grants	Number of Rejections
Patent	26	4	22
Utility Model	0	-	-
Design	3	2	1
Trademark	3	0	3

Injunctions

	Number of Decisions	Number of Grants	Number of Rejections
Patent
High Court	1	0	1
District Court	4	0	4
Utility Model
High Court	0	-	-
District Court	0	-	-
Trademark
High Court	1	1	0
District Court	0	-	-
Unfair Competition
High Court	0	-	-
District Court	2	0	2
Copyright
High Court	0	-	-
District Court	0	-	-

Compensation for damages

	Number of Decisions	Number of Grants	Number of Rejections
Patent
High Court	0	-	-
District Court	2	2	0
Utility Model
High Court	0	-	-
District Court	1	0	1
Trademark
High Court	0	-	-
District Court	0	-	-
Unfair Competition
High Court	0	-	-
District Court	1	0	1
Copyright
High Court	1	0	1
District Court	0	-	-

Declaratory judgment

	Number of Decisions	Number of Grants	Number of Rejections
Patent
High Court	1	0	1
District Court	0	-	-