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Don't You Want To Watch Television Programs Aired In Your Country While You Are Abroad?, Shigenori Matsui
Don't You Want To Watch Television Programs Aired In Your Country While You Are Abroad?, Shigenori Matsui
Shigenori Matsui
In Japan, the services that maintain the television reception and recording device for the overseas viewers to watch the aired television programs over the Internet were accused of as infringing the copyrights of the broadcasting companies. The judgments of the Supreme Court of Japan in copyright infringement suits against these services holding them liable significantly expanded the scope of right of reproduction and right of public transmission. These judgments are surely a blessing for copyright holders. But there is a legitimate question whether such expansion would contribute to the further development of the cyberspace and development of culture. This article …
Standard Of Proof For Patent Invalidation In The U.S. And Japan, Yoshinari Oyama
Standard Of Proof For Patent Invalidation In The U.S. And Japan, Yoshinari Oyama
Yoshinari Oyama
In June 2011, the U.S. Supreme Court confirmed the standard of proof for patent invalidation in Microsoft Corp. v. i4i Limited Partnership, et al. The Court held that an invalidity defense to be proven by clear and convincing evidence rather than by a preponderance of the evidence and that burden is constant and never changes. Compared to the U.S. patent system, there is no heightened standard of proof required for patent invalidation in infringement suits in Japanese courts and the invalidation rate is high especially after Kilby cas in 2000, where the Japanese Supreme Court decided that a patentee could …