Jurisdiction of the Japanese IP High Court
(posted on our MP&W website) July 30, 2006

The Japanese Intellectual Property High Court (IP High Court) is a special court division within the Tokyo High Court. The IP High Court has jurisdiction over the following matters:

1. Appeals in “Technological Cases”
In accordance with Article 2 (1) of the Law for Establishing the IP High Court, the IP High Court has exclusive jurisdiction over so-called “technological cases” which include appeals from district courts in civil cases relating to patent and utility model rights, rights of layout-designs of integrated circuits, and rights of the authors of a program.

2. Appeals in “Non-Technological Cases”
Furthermore, the IP High Court has jurisdiction which is not an exclusive one, over appeals from district courts in civil cases relating to design rights, trademark rights, copyrights (but excluding rights of the authors of a program work), rights of publication, ancillary rights with respect to trademark rights, breeder's rights, and rights relating to infringements of business interests by acts of unfair competition (so-called “non-technological cases”) in the event the Tokyo High Court has jurisdiction over appeals from the court of first instance.

3. Decisions Rendered by the Japanese Patent Office
The IP High Court has also exclusive jurisdiction over decisions rendered by the Japanese Patent Office, Articles 178 (1) of the Japanese Patent Law, Article 2 (2) of the Law for Establishing the IP High Court.

4. Special Expertise
Further, the IP High Court has jurisdiction over civil cases and administrative cases which are under the jurisdiction of the Tokyo High Court, but need special expertise on intellectual property to make a judgment, Article 2 (3) of the Law for Establishing the IP High Court.