We have extensive and broad achievements and experience in intellectual property (IP). We provide our clients with professional and comprehensive advice and counsel services that suit their respective circumstances and objectives in relation to international and domestic disputes (i.e., litigations, arbitrations, trials, etc.), various transactions, patent and trademark applications, and other matters. As globalization of corporate activities progresses, and the planning and implementation of IP strategies that make the most of each company’s strengths is required both domestically and internationally, we support the preparation and execution of global IP strategies, utilizing our long-standing close cooperative relationships with top firms in each country.

IP Dipspute (litigation, arbitration, customs action)

IP Litigation We have substantial experience in representing both proprietors (plaintiffs) and alleged infringers (defendants) in litigation and preliminary injunction proceedings preceding or concurrent to that, for infringement of patent, trademark, and design rights, copyrights, know-how, and other IP rights brought before the Tokyo and Osaka District Courts and other courts. We handle these matters using cross-functional teams consisting of litigation attorneys (bengoshi), patent attorneys (benrishi), and other specialists inside and outside AMT in accordance with the relevant technical fields. Advisory Opinions (hantei) and Trials (shimpan) before the Japan Patent Office We have significant experience in representing both claimants and respondents in advisory opinion proceedings (hantei) as well as in trials (shimpan) before the Japan Patent Office. Our experience includes representing clients in ex parte and inter parte proceedings before the Intellectual Property High Court of Japan seeking the revocation of trial decisions rendered by the Japan Patent Office. During these procedures, it is important to keep in mind the relationship with patent infringement litigations that take place in court. Customs Actions We have considerable experience in representing claimants and alleged infringers (respondents and/or importers) in customs actions and border detentions where an injunction has been sought from the Japan Customs Office to halt the importation of products that allegedly infringe on IP rights. Unfair Competition Litigation We have vast experience in representing both proprietors (plaintiffs) and alleged infringers (defendants) in unfair competition litigation brought before the Tokyo and Osaka District Courts and other courts, as well as negotiations that precede such litigation. Inventor Remuneration Litigation and IP Ownership Litigation We have extensive experience in representing employers in inventor remuneration litigation along with the negotiations that precede said litigation. Furthermore, we have significant experience litigating IP ownership disputes as well as the negotiations that precede such litigation. License Agreement, Joint Development, and Content Utilization Litigation/Dispute Resolution We have substantial experience in representing clients in litigation and arbitration regarding license agreements, joint development, and content utilization. In developing an appropriate resolution for these disputes, we take into consideration not only the underlying contractual issue and procedural law but also analyze antitrust and other relevant laws. IP Infringement and/or Validity Opinions We have a wide range of experience in rendering opinions regarding infringement and/or validity of IP rights, including patents. Our opinions are provided to ensure so called “Freedom of Operation,” and prepare for anticipated litigation and license negotiations. Moreover, we regularly assist our clients in seeking similar opinions on foreign patents from attorneys in other jurisdictions.

IP Transaction, M&A (License, IP Due Diligence)

We have decades of experience in advising our Japanese and international clients on the drafting and negotiation of license and other transaction agreements for patents, trademarks, designs, copyrights, and other IP. Recently, as the number of mergers and acquisitions where the core assets involve IP have increased, our IP law group, in collaboration with our corporate transaction group, has strengthened its ability to conduct IP due diligence investigations and to draft and negotiate M&A agreements, in order to ensure smooth progress of transactions.

Tradesecret/Know-how

We have notable experience in dispute resolution, the drafting of transaction agreements, and negotiations in relation to trade secrets and know-how. In recent years, the importance of companies’ technical information and data has increased due to advances in technology. At the same time, as companies accelerate their overseas expansion, cases of trade secrets and know-how being leaked have also occurred, and it has become essential to properly manage technical information and data. We provide effective support to ensure the superiority of companies by providing advice on the effective protection and utilization of trade secrets and know-how through collaboration between specialists with extensive experience and industry knowledge.

Patent Prosecution

Anderson Mori & Tomotsune's patent prosecution team has extensive experience with the filing and prosecution of patent applications with the Japan Patent Office, covering a wide variety of technologies including biotechnology, chemical technology, electric engineering, telecommunications technology, software, machine technology, and artificial intelligence. We also regularly assist our Japanese clients with respect to international patent prosecution. In addition, we have a broad range of experience with transfers and other IP registrations. As a further added value, our patent attorneys and lawyers often collaborate in teams in patent infringement suits, trials before the Japan Patent Office, and related research and opinion work, thus contributing to more sophisticated and prompt handling of cases.

Trademark/Design Prosecution

Anderson Mori & Tomotsune's trademark prosecution team has decades of solid experience representing our international and Japanese clients in the filing and prosecution of trademark and design applications before the Japan Patent Office, including follow-through on clearance, filing oppositions and providing post-filing maintenance, monitoring and enforcement assistance. In addition, through our extensive international network of local firms, we regularly assist Japanese clients in registering their trademarks and designs in foreign jurisdictions and we have considerable experience handling applications filed pursuant to the Madrid Protocol. We add further value through our trademark attorneys working in collaboration with lawyers in trademark infringement suits, trials before the Japan Patent Office and related research and opinion work, thus contributing to more sophisticated and prompt handling of cases.

Copyright and Entertainment

Anderson Mori & Tomotsune provides clients in the music, film and video game industries with comprehensive legal services in the copyright and entertainment areas, including legal advice regarding the use and development of contents, drafting and negotiations of standard and bespoke entertainment contracts, and representation of clients in dispute resolution.

Health Care, Pharmaceutical and Life Science

Anderson Mori & Tomotsune has a long history of advising international and Japanese health care and life sciences clients on IP acquisition and utilization. We also provide advice in other substantive legal areas, including pharmaceutical regulations (e.g., the Pharmaceutical and Medical Device Act and the Chemical Substances Act). We also conduct due diligence investigations both as part of stand-alone health care and life sciences transactions and as part of larger M&A transactions. Our health care and life sciences attorneys are engaged in proactively assisting clients in the drafting and negotiation of contracts, taking into consideration the uniqueness of the health care and life sciences industries and the nuances of Japanese practice.

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