From October 1, 2019, a new mediation procedure called “Intellectual Property Mediation” has started in relation to disputes over intellectual property rights.

“Intellectual Property Mediation” is a mediation committee consisting of judges, lawyers and patent attorneys based on documents submitted by a certain date regarding disputes over intellectual property rights that have arisen in the course of business. This is a judicial service that provides a third dispute resolution tool that has characteristics not found in lawsuits and provisional dispositions. 

In “Intellectual Property Mediation”, the dispute that the parties want to resolve can be set based on the status of negotiations with the other party. The main purpose of “Intellectual Property Mediation” is to resolve disputes through discussions, but you can also choose to return to voluntary negotiations between the parties with the advice of the Mediation Committee, or mediation procedures. Based on the hearing, you can also consider whether you should file a complaint or a provisional disposition.
In addition, in “Intellectual Property Mediation”, as with ordinary civil mediation, procedures are not disclosed, including the existence of a petition. Therefore, the existence of the dispute itself is not recognized by a third party. A solution is possible.

Appropriate cases for IP mediation include disputes that occurred during negotiations between the parties and the issues were not overly complex, or where the issues were identified in the negotiations and both parties wanted a resolution through discussion. You can think of the case.

“Intellectual Property Mediation” is to be processed by the Tokyo District Court or the Osaka District Court in light of the expertise and technicality of the case. When filing a request for “Intellectual Property Mediation”, it is necessary to submit to the court a mediation statement stating the purpose of the application and the gist of the dispute.
The Mediation Committee consists of a total of three members: one judge and two specialists such as lawyers and patent attorneys with extensive experience in intellectual property cases. In addition, court investigators may be involved in cases where technical matters are problematic, such as patent rights disputes.

In “Intellectual Property Mediation”, on the premise that the parties have been negotiated in advance, submit the evidence related to both parties' claims by the 1st Mediation Date, and in principle the 3rd Mediation Date By the time, the opinion of the Mediation Committee will be disclosed verbally. The opinion of the Mediation Committee is not limited to disclosure of evidence about the issue, but also includes opinions such as suitability for litigation or provisional resolution in light of the difficulty of verification and the complexity of the case.
If an appeal is filed for a request for the purpose of mediation after “IP Mediation” is not established or withdrawn, the judge who constitutes the Mediation Committee Judges from other departments will be in charge.

Courts in Japan
http://www.courts.go.jp/tokyo/saiban/l3/Vcms3_00000618.html

Patent Attorney
Hachizo MAWAKI