The main laws and regulations related to intellectual property protection in Japan include Patent Law, Utility Model Law, Trademark Law, Design Law, Copyright Law, Anti unfair Competition Law, etc.

　　The ways of intellectual property protection in Japan include judicial protection, injunction procedure, customs protection, tort litigation, etc.

　　Japanese Intellectual Property Protection Agency

　　The Japanese Concession Office under the Ministry of Economy, Industry and Technology is responsible for the examination of inventions, utility models and designs, as well as the registration of trademarks;

　　The Department of Culture under the Ministry of Education, Culture and Culture is responsible for the management of copyright and computer software;

　　The Ministry of Agriculture and Fisheries shall be responsible for the examination and registration of new plant varieties and the implementation of the Seed and Seedling Law;

　　The Semiconductor Circuit Registration Department of the Software Information Center is responsible for the registration of integrated circuits.

　　Japanese Intellectual Property Protection Judicial Institution

　　Japan has exclusive jurisdiction over intellectual property litigation. The trial of highly technical cases is under the jurisdiction of the Tokyo District Court and the Osaka District Court. In Tokyo, there is also the High Court of Intellectual Property, which is mainly responsible for the second instance of intellectual property civil cases and administrative cases against the decisions of the Concession Office.

　　How to deal with intellectual property risks in Japan

　　Requested prohibition

　　In Japan, the patentee or exclusive licensee can apply to the district court for injunction to stop patent infringement. The injunction to stop patent infringement includes pre litigation injunction and permanent injunction.

　　Prelitigation injunction is an independent procedure, separated from normal patent litigation. The petitioner needs to prove the following when applying for the pre litigation injunction:

　　First, patent infringement occurs; Second, the pre litigation injunction is necessary, that is, there is irreparable damage. Before issuing a pre suit injunction, the court usually requires the patentee to provide security.

　　To apply for a permanent injunction, two conditions must be met:

　　First, the infringement continues to occur; Second, infringement is likely to occur. Japanese courts usually issue permanent injunctions automatically when they determine the existence of infringement.

　　A permanent injunction may be directed against ongoing or imminent infringements. After receiving the injunction, if the infringer believes that there is no infringement, he can appeal to the Intellectual Property High Court for the permanent injunction.

　　Litigation compensation loss

　　Article 102 of the Patent Law of Japan stipulates that the damages claimed by the patentee or the exclusive licensee against the infringement include loss of profits, reasonable licensing fees or the illegal benefits obtained by the infringer from the infringement.

　　The Japanese court generally compensates the patentee's loss with a reasonable licensing fee. A professional organization may also be entrusted to calculate the compensation for damages upon the request of the parties. In Japan, punitive damages are usually not used for patent infringement.

　　If the enterprise is required to compensate for damages, it must also be based on infringement. If it believes that it has no infringement, it should actively respond to the lawsuit and make a reasonable defense.

　　Response to other rights protection measures

　　Paragraph 2, Article 100 of the Japanese Patent Law stipulates that the patentee or the exclusive licensee may require the destruction of the infringing product and the tools used to produce the infringing product.

　　Article 106 of the Japanese Patent Law stipulates that the patentee may require the infringer to take some measures to restore its business reputation.

　　Japan has independent criminal law norms of charges and statutory punishment in the laws and regulations for the protection of intellectual property rights, and can simultaneously apply two penalties of imprisonment or fine to infringers. If there is indeed an infringement of the intellectual property rights of the obligee, it should be avoided to be identified as intentional infringement and thus subject to criminal punishment.

　　Consideration of whether to respond to the lawsuit

　　If it is difficult for the lawsuit to have a good result after comprehensively measuring the factors such as the probability of winning the lawsuit, the market prospect, and the litigation cost, or the market prospect involved is not good, you should give up responding to the lawsuit and stop the manufacturing, export, and sales of the infringing products.

　　If the market share is high, the future development prospects are good, and the other party's evidence of infringement litigation is not convincing, the party can actively respond to the lawsuit.

　　If both parties have their own intellectual property rights, litigation can be avoided through cross licensing, that is, both parties reach a settlement.

　　Of course, reaching a settlement requires full research and accurate judgment, and active communication and negotiation. In the case that litigation results cannot be obtained in a short period of time and the future development of the market is full of uncertainties, reconciliation between the two parties is an economical and efficient way to deal with disputes.