Intellectual Property

We represent clients in a wide range of administrative procedures and litigation related to patents, utility models and designs, including issues related to infringement, employee inventions, and patent validity. We also collaborate with law firms in other countries to resolve disputes concerning infringement of patent rights in those countries.If a matter requires the technical knowledge of a patent attorney, such as the acquisition of industrial property rights or an opinion on infringement or validity, we work closely with a team of patent attorneys at IGIP Iwata Godo Patent Attorneys Inc. to ensure thorough representation. We also provide comprehensive consulting on the use of patents and other IP-related strategy.

In addition to IP application procedures, we advise on general policies on the acquisition of rights and development, IP valuations, and the IP and technical due diligence issues which arise in investments and M&A.

We have experts who can handle almost any IP-related issue that may arise. This allows us to provide one-stop service in complex matters requiring business judgment and an understanding of new technology.

Our service related to trademarks is not merely an administrative filing of applications for registration, but is rather a service to advise on and carry out the best way to make applications, taking into account the client's objectives in using and protecting the marks and designs. This includes advice on brand-related strategy. We also advise on the risks of leaving marks unregistered, taking into account the nature of the relevant marks and products.

In addition to our Japanese trademark practice, we handle "international registrations" under the Madrid Protocol in collaboration with the specialized IP attorneys of IGIP Iwata Godo Patent Attorneys Inc., and collaborate with our strong network of law firms in other countries to handle foreign applications and liaison with foreign government agencies.

Research results obtained through R&D constitute not only "inventions" under the Patent Act but also "technical information" under the Unfair Competition Prevention Act. A company must decide whether to protect its research results under the Patent Act, in which case the content of the patent application will be open to public scrutiny, or instead to keep the invention as a "trade secret" protected by the Unfair Competition Prevention Act and contracts. We advise our clients on which of these methods of protection should be used, as well as on measures to protect confidentiality. Our firm is very experienced in the warnings, negotiations and litigation relating to leaks of business secrets and managing the risk of leaks.

At Iwata Godo we work with advertising agencies, record companies, developers of anime and video games, TV broadcasters, and individual artists and authors in the drafting and review of contracts related to content production, investment, copyright, licensing and other issues. We also represent clients in disputes concerning defamation and unauthorized use of content.

There has recently been a rapid increase in the use of ChatGPT and other generative AI in new services seeking to improve operational efficiency. While generative AI greatly contributes to innovation there is often (depending on the data used and how the products are used) a risk of violating laws such as the Act on the Protection of Personal Information, as well as a risk of infringing third party rights. Depending on the type of generative AI, commercial use may be restricted or its use may be subject to restrictions under various terms and conditions of use. If services are provided in other countries, the laws and regulations of such countries must be taken into account.We also advise on the use of generative AI in collaboration with foreign law firms as necessary.