Intellectual Property Law and Information Technology Law
Intellectual Property Law
In the areas concerning the intellectual property right such as the patent right, the utility model right, the design right, the trademark right and the copyright, the attorneys of Iwata Godo are experienced in dealing with such procedures as the litigation and provisional disposition against infringements thereof, litigation with regard to employee invention, trial for invalidation of such right and action seeking rescission of the trial decision or ruling. Recently, in cooperation with a foreign local law firm, we have assisted a client that found itself involved in a patent infringement litigation case filed in a foreign country in its efforts to resolve the dispute.
We are also involved in transactions related to the intellectual property right such as joint research and development projects and licence agreements through various means such as providing advice, attending to contract negotiations and drafting contracts. In addition, we offer advice on handling of copyright related issues for clients starting business in areas to which appropriate settlement of copyrights is of significant importance (ex. movie and music distribution business, e-book distribution business etc.)
Subject business areas of such services vary from industries related to precision machinery, electronic equipment, energy and IT where technical knowledge is important to entertainment business including movie and music, publication, e-book and character design. Having close cooperation with a patent attorney, we are well prepared to deal with cases for which specialized technical knowledge is required, as well.
Information Technology Law
Rapid expansion of utilization and/or application of information technology (IT) in recent years made it essential in pursuance of corporate business activities and the surrounding legal environment is gradually changing as well.
Iwata Godo offers legal advice on IT related issues relevant to the business practice of the client, based upon our expertise and technical knowledge on IT. We also offer legal advice on such IT related laws and contracts such as the Telecommunications Business Law, the so-called Provider Liability Law and system development contracts and represent clients in litigation and other procedures if and when disputes arise.
Bankruptcy Law and Corporate Reorganization/Rehabilitation Law
Iwata Godo provides corporations that need rehabilitation of their respective business with advice and proposals on various rehabilitation measures. In case where statutory procedures such as corporate reorganization or civil rehabilitation are required for the purpose, we represent our clients in filing and following proceedings. For example, we have represented listed companies in filing of corporate reorganization procedures as well as civil rehabilitation procedures in recent years. We are also well experienced in pre-packaged business rehabilitation cases that utilize means such as business assignment, corporate separation, so-called DIP finance, debt-equity swap and so on. Further, we have experiences in all sorts of insolvency related procedures including filings for bankruptcy and special liquidation as well as being appointed as trustees in various procedures and standing representative.
On the other hand, Iwata Godo, advising and counselling large numbers of financial institutions, is often requested to provide legal services advising and representing the creditor in cases of insolvency of various magnitudes. Legal services we offer in order to protect interests of the creditor include mobilization of all sorts of prompt and flexible measures covering all the areas and aspects of debt collection from (i) negotiation with the debtor and preservation measures preceding the bankruptcy proceedings, (ii) filing of bankruptcy of the debtor from creditor’s side, (iii) filing of petition for bankruptcy claim assessment to (iv) negotiation and cooperation with bankruptcy trustees and supervisors in the course of the bankruptcy proceedings. We are increasingly involved in providing legal assistance in various business rehabilitation cases that utilize such means and/or systems as the Guidelines for Out-of-Court Work-outs, the Turnaround ADR and the Enterprise Turnaround Initiative Corporation, mainly on behalf of the client financial institutions, through development and legal examination of business rehabilitation schemes.
Publications Related to Intellectual Property Law and Information Technology Law
Kudo Ryohei's commentary titled "The Verification/Evaluation/Planning Committee of the Intellectual Property Strategy Headquarters Holds the 6th Meeting on Digital Content" is available on the Shoji Homu Portal Site.
- KUDO Ryohei
Okushi Kenichi's commentary titled "The Ministry of Land, Infrastructure, Transport and Tourism Makes It Easy to Use Real Estate Cloud Funding by Clarifying Applicable Laws and Regulations: Development of Guidelines for Real Estate Cloud Funding"is available on the Shoji Homu Portal Site.
- OKUSHI Kenichi
Konishi Takao's commentary titled "Case Where Intellectual Property High Court Decides Trademark consisting of 'envie CHAMPAGNE GRAY/アンヴィシャンパングレイ' Falls under Article 4, Paragraph 1, Item 7 of the Trademark Act" is available on the Shoji Homu Portal Site.
- KONISHI Takao
Ikeda Minako's commentary titled "The Ministry of Justice Announces the Outline of the System to Accept More Foreign Workers" is available on the Shoji Homu Portal Site.
- IKEDA Minako
Kashiwagi Kensuke's commentary titled "METI, JFTC and MIC formulate a policy paper titled 'Fundamental Principles for Rule Making to Address the Rise of Platform Businesses.'" is available on the Shoji Homu Portal Site.
- KASHIWAGI Kensuke
Lectures, Seminars and Conferences Related to Intellectual Property Law and Information Technology Law
Matsuda Akira participated as a speaker in a webinar on regulations for cross-border transfer of personal data under the Privacy Rules.
Matsuda Akira delivered a lecture titled "Japan's Data Protection Regime: The Way of the Future?" at an Asian conference on the Privacy Rules in Beijing (hosted by Zhong Lun Law Firm).
Okushi Kenichi delivered a lecture titled "Crowd Funding using Scheme of the Act on Specified Joint Real Estate Ventures - Scheme Overview and Public Comment Draft" in the 1st Workshop of Real Estate Financing Working Group hosted by Real Estate Tech Association for Japan.
Speaker： OKUSHI Kenichi
Matsuda Akira delivered a lecture titled "EU and JAPAN - World's Largest Free Trade of Information" at an organization meeting of Privacy Rules in London.
Matsuda Akira participated as a panelist at a lecture titled "The Evolution of Artificial Intelligence - Significance and Legal Implications" at Drew & Napier LLC in Singapore, inviting Professor Shimpo Fumio from Keio University as a guest speaker.
News Related to Intellectual Property Law and Information Technology Law
Okushi Kenichi is appointed as a Secretary of Real Estate Tech Association for Japan.
Matsuda Akira's comment was introduced in the article of the Nikkei.
Matsuda Akira's comment was introduced in the article entitled "Lenient Data Management by Google, a Major IT Company, is Revealed - Possibility of Information Leakage of up to 500,000 People -" on the page 2 of the morning edition of the Nikkei dated October 10, 2018.
Matsuda Akira is listed by Global Data Review in "40 under 40 2018," which represents the best lawyers under the age of 40 in the area of data protection.
Matsuda Akira's interview article was introduced in the article of Nikkei Sangyo Shinbum, Business Q&A.Matsuda Akira’s interview article was introduced in the article entitled “Strict Laws and Regulations Imposed for the Protection of Personal Information in each Country in Asia (Business Q&A)” on page 18 of Nikkei Sangyo Shimbun on September 26, 2017.
Matsuda Akira authored an article entitled "EU Commission Imposes the Biggest Antitrust Fine on the Internet Search Engine Operator - What Type of Practice Was Found Illegal under the EU Competition Law?," which was delivered to our clients as June 2017 extra issue of Iwata Godo News Mail.
- Dispute Resolution and
- Economic Law and
the Competition Law
- Intellectual Property Law and Information Technology Law
- Bankruptcy Law and
Corporate Reorganization/ Rehabilitation
- Labour Law
- Environmental Law and
Large-Scale Environmental Litigation