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
Eiguchi Manabu and Kudo Ryohei contributed to as editors and authors, and Saito Hiroki, Sekiguchi Akimasa, Fujita Hiroki, Ebihara Shunsuke and Adachi Makoto authored, the publication entitled "Q&A: Complexity and Business Practice of the Anti-Monopoly Act and Intellectual Property Rights; Guidance for Achieving Compliance by Understanding from Basics to Applications,” which was introduced in “Introduction of New Publications” of June 2021 issue of Chizaikanri.
Ebihara Shunsuke's commentary titled "The Small and Medium Enterprise Agency Creates Guidelines and Contract Forms Regarding Intellectual Property Transactions Based on Examinations by the Study on Intellectual Property Transactions" is available on the Shoji Homu Portal Site.
- EBIHARA Shunsuke
Adachi Makoto's commentary titled "The Action for Declaratory Judgment of Non-Existence of a Claim in connection with the Use of Copyrighted Works in a Music School (the Court of Second Instance)" is available on the Shoji Homu Portal Site.
- ADACHI Makoto
Saito Hiroki's commentary titled "The Ministry of Internal Affairs and Communications Prepared the 'Telework Security Guideline (5th edition)' and has Started Requesting for Public Comments on the Said Guideline." is available on the Shoji Homu Portal Site.
- SAITO Hiroki
Lectures, Seminars and Conferences Related to Intellectual Property Law and Information Technology Law
Matsuda Akira served as a moderator at a panel discussion titled "Exploring and exploiting new opportunities in data" at an online conference titled "GDR Connect 2021" which was held from June 22 through 26, 2021 (Japan Time).
Matsuda Akira served as a speaker at a panel discussion titled "Transferring E-commerce Related Data In and Out of China" at an online conference titled "Round-the-World Overflight on Privacy and Cybersecurity In E-commerce" which was held from June 1 (Tuesday) through 3 (Thursday), 2021 (Japan Time).
Matsuda Akira delivered a lecture titled "Study of Regulatory Trends and Case Studies of Global Response in Asia" at the second Expert Research Group Seminar (Webinar) held by the Japan DPO Association.
Eiguchi Manabu delivered a lecture entitled " Intersection and Practice of the Antimonopoly Act and Intellectual Property Rights - Focusing on Intellectual Property Guidelines - " at Vision Center HAMAMATSUCHO.
Speaker： EIGUCHI Manabu
Matsuda Akira served as a moderator at a panel discussion titled "International data transfer compliance and data breach prevention for transnational businesses" held at the webinar "Privacy Rules Annual Global Conference."
News Related to Intellectual Property Law and Information Technology Law
Matsuda Akira's comment is introduced in Global Data Review.
Matsuda Akira's comment regarding 2020 Amendment of the Personal Information Protection Act appeared in the article titled "Japan's privacy amendments finalised" (dated June 17, 2020) at Global Data Review.
Matsuda Akira's comment is introduced in Global Data Review.
Matsuda Akira's comment regarding 2020 Amendment of the Personal Information Protection Act appeared in the article titled "Japan tightens data protection rules" (dated March 16, 2020) at Global Data Review.
Kudo Ryohei became the Amicus Brief Standing Committee Member of International Association for the Protection of Intellectual Property (AIPPI).
Matsuda Akira's comment was introduced in the article of the Nikkei.
Matsuda Akira's comment was introduced in the article titled "Anti-cartel Rules Target Japanese Corporations" on Page 11 of the morning edition of the Nikkei dated August 12, 2019.
Okushi Kenichi is appointed as a Secretary of Real Estate Tech Association for Japan.
- 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