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 authored an article entitled "When an Intellectual Property Personnel in a Manufacturer Needs to Consider Usage of a Photograph - Key Points to Handle a Right regarding Photograph Works - [No. 134, “Point to Reconfirm” Series]” which appears in July 2018 issue of Chizai Kanri (published by Japan Intellectual Property Association).
- KUDO Ryohei
Horita Koji's commentary titled "Japan Patent Office Gives Notice to a Person whose Trademark has already been Applied for Registration by Others" is available on the Shoji Homu Portal Site.
- HORITA Koji
Kakuno Shu's commentary titled "Act on the Partial Revision of the Copyright Act (Act No. 30 of 2018)" is available on the Shoji Homu Portal Site.
- KAKUNO Shu
Nakamura Saeko's commentary titled "Case Where Plaintiff's Injunction and Claim for Damages were Dismissed after Defendant's Activities were Judged not to Fall under Creation of Confusion with Another Person's Goods or Business Stipulated in Item 1, Paragraph 1, Article 1 of the Unfair Competition Prevention Act” is available on the Shoji Homu Portal Site.
- NAKAMURA Saeko
Lectures, Seminars and Conferences Related to Intellectual Property Law and Information Technology Law
Matsuda Akira delivered a lecture titled "Legal Updates for AI Era: Latest Trends regarding Data" at Station Conference Tokyo, inviting Professor Shimpo Fumio from Policy Management Department of Keio University, and Mr. Funayama Satoshi and Ms. Matsuo Sanae from Microsoft Japan Company, Limited as guest speakers. We sincerely thank many people for their attendance.
Matsuda Akira delivered a lecture entitled "Personal Information Protection Seminar - Focusing on Latest Trend in Handling Practices of GDPR" at JR Gate Tower Conference in Nagoya. We sincerely thank many people for their attendance.
Matsuda Akira delivered a lecture entitled "Outline of Regulations on Cross-Border Transfer of Personal Data and Handling of Practical Issues in the Asia-Pacific Region" as part of "Global Data Protection Seminar – Focusing on Latest Trend in Handling Practices of GDPR” hosted by Iwata Godo with Mr. Takeshige Sugimoto, a lawyer from Brussels Office of Gibson Dunn Crutcher LLP, as a guest speaker and held in a conference room at JP TOWER Hall & Conference (on the 5th floor of KITTE in Tokyo). We sincerely thank many people for their attendance.
Matsuda Akira and Sato Takaki delivered a lecture entitled "How to Establish Compliance System to Mitigate GDPR Legal Risk" as part of the forum hosted by the Nikkei entitled "Risk Management Strategy to Comply with Personal Information Protection Laws"at Nikkei Conference Room.
Matsuda Akira delivered a lecture in a seminar entitled "Measures for Protecting Personal Information and Handling Practical Issues in Doing Business in Asian Countries - In Light of the Amended Act on the Protection of Personal Information in Japan and the Provisions of EU-GDPR” at a seminar room of Financial Management Forums, Inc.
News Related to Intellectual Property Law and Information Technology Law
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.
Matsuda Akira's comment was introduced in the article of the Nikkei.
The comments of Matsuda Akira and Lim Chong Kin who is an attorney of Drew & Napier LLC, a law firm in Singapore to which Matsuda Akira is seconded were introduced in the article titled "Personal Data Protection in the World (II) - Regulations Tightened in Asia As Well" on the page 15 of the morning edition of the Nikkei dated July 3, 2017.
Matsuda Akira, Sato Takaki and Landry Guesdon authored an English article entitled "Overview of the Revised Personal Information Protection Act of Japan and Its Main Impact on Foreign Groups," which was delivered to our clients as March 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