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1. The Mock Trial on Intellectual Property Case with US and Japanese Law

The Mock Trial on Intellectual Property Case with US and Japanese LawWith the Tokyo District Court, the Research Center for Legal Systems of Intellectual Property hosted a mock trial on a patent dispute wit both US and Japanese legal procedure at the Tokyo District Court on December 16, 2003. About 100 people gathered at the en bank court room and 400 at the creditor assembly hall as audience. It was the first time to hold such a mock trial at the Tokyo District Court and one of major press in Japan covered that event.(Nikkei Shinbun, December 17, 2003) On the same patent infringement case, two trials were conducted in one day: one with Japanese law in the morning and other with US law in the afternoon. After the trials, a symposium was held on Intellectual Property in US and Japan, with discussion on the result of the mock trial. Real judges and lawyers participated in the trials and twelve jurors were selected for the US trial. The case was about a patent on a method for determining the free calcium ion concentration in a blood sample collected into a syringe while reducing error in determination due to use of heparin. Japanese trial and US trial reached different conclusions since no required result was set in advance. In the technology of plaintiff, the pledget is placed in a syringe after freezing process while the pledget got frozen in a syringe in the technology of defendant. In Japanese trial, it was concluded that defendant's products did not infringe the patent because the order of the process was essential part of the patent, making two technologies different. On the contrary, US jurors reached that the product infringed the patent because the technologies were basically the same in spite of the difference of the process order. Four cameras placed each for judge, plaintiff, defendant, and witness, recorded all the process of the trials in the en bank court room, showing them simultaneously at the screen of the creditor assembly hall. Digital Recording Studio (DRS), a recording system developed by Nagoya University could deal with four cameras and audios together, synchronize four recorded contents and stored them as MPEG2. Law students at law schools and judges and legal trainees will be able to use this excellent record of the mock trial as educational resource. Participants are as follows.

Japanese Trial
Plaintiff Mr. Seiji Ohno, Lawyer
Ms. Hisako Tanaka, Lawyer
Defendant Mr. Eiji Katayama, Lawyer
Ms. Nao Ebata, Lawyer
Mr. Hiroshi Kobayashi, Lawyer
US Trial
Judge Randarl Rader, Court of Appeals for the Federal Circuit
Mofo Team (Morrison&Foerster LLP) Plaintiff
Mr. A.C.Johnson
Mr. Craig Celniker
Mr. Bartlet
Finnegan Team(Finnegan Henderson Farabow Garret & Dunner LLP) Defendant
Mr. Michael Kelly
Mr. John Lowe
Mr. Naoki Yoshida
Professor Martin Adelman
Professor Toshiko Takenaka

Interpretation: Nakamura & Partners
Record: Totsu Sangyo Corporation
Simultaneous interpretation: Simul International, Inc.


2. Japan and Korea Intellectual Property Symposium

Japan and Korea Intellectual Property Symposium The Research Center for Legal System of Intellectual Property held Japan and Korea Intellectual Property Symposium from February 24 to 26 in 2004. Korean and Japanese researchers had a discussion about the issues including "Observation of IP dispute from the aspect of private international law", "Private International law issues on IP", "Japan-Korea FTA and IP ", and "Development of IP laws after WTO enacted". Speakers and contents are as follows.

Day 1 February 24, Tuesday 15:00 -18:00
"Observation of IP dispute from the aspect of private international law"
Waseda University International Conference Room, Room3 (capacity: 84 seats)
Joint research conference
Chairman: Masato Dougauchi, Professor of Law, the University of Tokyo

1. Raising an issue by Shoichi Kidana, Professor of Law, Dr., Waseda University
2. Reviewing problems of IP dispute matter in Preliminary Draft Convention adopted by the Special Commission of Hague on 30 October 1999
Kwang-Hyun Suk, Associate Professor of Law, Department of Law, College of Law, Hanyang University

3. Main points and issues on a draft of ALI (American Law Institute ) in 2002
"Main points and issues on a draft of ALI in 2002", Kong Woong Choe, Lawyer, Chief Judge (retired), Patent Court, Korea (retired); Counsel, Yoon & Yang, LLP.
"Rules of International Private Law on International IP Disputes - the meaning and issues of ALI Project", Takaya Itoh, Research Associate, School of Law of Aoyama Gakuin University

4. Main points and issues on Max Planck Institute for Intellectual Property
"Issues on Max Planck Institute for Intellectual Property", Satoshi Watanabe, Professor, School of Law, Osaka Professor, School of Law, Osaka University
"Regulation related International Jurisdiction on IP disputes - a draft by Max Planck Institute(2000.1)", Kyung-Han Sohn, Lawyer, Vice President of Korea Private International Law Association, Senior Partner Aram International Law Offices

Day 2: February 25, Wednesday 10:00 -12:30
"Private international law issues on IP"
Waseda University International Conference Room, Room3 (capacity: 84 seats)
(Open seminar held with Institute of Comparative Law)
1. International trial jurisdiction of IP dispute in Korea
Kwang-Hyun Suk, Associate Professor of Law, Department of Law, College of Law, Hanyang University
2. Applicable law on IP disputes in Korea
Kyung-Han Sohn, Lawyer, Vice President of Korea Private International Law Association, Senior Partner Aram International Law Offices

Joint research conference  15:00-18:00
"Japan-Korea Free Trade Agreement and IP"
1.Japan-Korea FTA and IP related regulation
"Japan-Korea FTA and IP related regulation", Hyojil Ahn, Professor, Dr, Kwangwoon University
"Japan-Korea Free Trade Agreement and IP related laws", Tetsuya Imamura, Research Associate, Waseda University
2.Research plan in the future
   Shoichi Kidana, Professor of Law, Dr., Waseda University

Day 3: February 26, Thursday 9:00-12:00
"Development of IP laws after WTO enacted" 
Waseda University International Conference Room, Room7 at 4th flr (capacity: 24 )
Chairman Ryu Takabayashi, Professor of Law, Waseda University,
the Research Center for Legal System of Intellectual Property
1. Characteristics of Korean IP legislation
    Hyojil Ahn, Professor, Dr, Kwangwoon University
2. Impact of WTO/TRIPs on Recent Developments and Thereafter in Korea-From Harmonization to Localization-
Sang Jo Jong, Professor of Law, College of Law, Seoul National University
3. WIPO Internet Treaties and Korean Copyright System
   Dae-Hee Lee, Professor of Law, Department of Intellectual Property, College of Law, Inha University, Incheon, Korea
4. Japanese Developments in the Field of Copyright since Accession to WTO
   Hiroshi Saito, Dr., Senshu University
5. Development of Industrial Property Law in Japan after WTO enacted
    Shoichi Kidana, Professor of Law, Dr., Waseda University

3. IP Enforcement in Asia

IP Enforcement in Asia The Research Center for Legal System of Intellectual Property held an international symposium titled as "IP Enforcement in Asia" at Waseda University IBUKA MASARU International Conference Hall on March 22, 2004. This symposium featured the enforcement of Intellectual Property Right in Asia. In the first part of the session, IP professionals and researchers from various Asian countries presented conditions of IP enforcement in Asia. In the second part, panelists reported and discussed about a specialized court with Intellectual Property Jurisdiction since Japan was moving to establish a specialized court for IP Jurisdiction. In this part, judges from Thailand and South Korea, which had a specialized court for IP, gave observation on its operation. In the third part, panelists discussed whether constructing a database for IP precedents in Asia was necessary or not, relating with the Waseda University's project of IP precedents database in Asia. Participants from outside of Waseda University were as follows.

10:00 Opening Remarks: Professor Tatsuyo Uemura
The first session 'Issue of the IP Enforcement in Asia'
10:10 
" "IP protection in China and Shanghai courts", Zhang Xiao Du, Judge of Shanghai High People Court, China
" "Analysis about background of legal execution of IPR", Guo He, Professor of Renmin University of China
" "Challenging Chinese Enterprises in Intellectual Property after WTO Entry", Zhang Ping, Associate Professor of Beijing University of China 
" "Current and future IP Enforcement in Korea", Do, Doo Hyung, Lawyer of Korea
" "IP Enforcement in Malaysia", P. Kandiah, Lawyer of Malaysia, Kandiah & Associates SDN. BHD
" "IP Enforcement in Japan", Shyunichi Doi, Secretary of Strategic Council on Intellectual Property, Japan
" "Issues of the IP Enforcement in Thailand", Ruangsit Tankarnjananurak, Judge and Secretary of the Central Intellectual Property and International Trade Court, Thailand
" Coordinator: Tatsuki Shibuya, Professor of School of Law, Waseda University
The second session 'Creation of a specialized court with Intellectual Property Jurisdiction'
13:30
" "The Central Intellectual Property and International Trade Court", Phattarasak Vannasaeng, Chief Judge of the Central Intellectual Property and International Trade Court, Thailand
" "The Creation of a Specialized Court with Intellectual Property Jurisdiction in Asia" , Suvicha Nakvachara, Deputy Chief Judge of the Central Intellectual Property and International Trade Court, Thailand
" "Patent Court of Korea", Lee, Hoe Kee, Judge of Patent Court of Korea
" "IP Courts in Singapore", Farah Namazie, Barrister at Law of Singapore, Namazie & Co.
" "Japanese Procedure of handling IP disputes -History and Future- ", Makoto Jozuka, Director of 1st Divition Administrative Bureau, Supreme Court of Japan
" Coordinator: Ryu Takabayashi, Professor of School of Law, Waseda University

  The third session 'The Expectation of IP Disputes Database' <panel discussion>
16:00 " Sripibool Visit,, Judge of the Central Intellectual Property and International Trade Court, Thailand
" Lee, Han Ju, Chief Judge of Southern District Court of Seoul, Korea
" P. Kandiah, Lawyer of Malaysia, Kandiah & Associates SDN. BHD
" Farah Namazie, Barrister at Law of Singapore, Namazie & Co.
" Tatsuki Shibuya, Professor of School of Law, Waseda University
" Makoto Jozuka, Director of 1st Divition Administrative Bureau, Supreme Court of Japan
" Ichiro Nakayama Deputy Secretary of Strategic Council on Intellectual Property, Japan
" Moderator Ryu Takabayashi, Professor of School of Law, Waseda University

17:30 Closing address: Professor Ryu Takabayashi

4. Intellectual Property Law and its procedure in Thailand

The Research Center for Legal System of Intellectual Property invited acting judges including Chief Judge of Thai Intellectual Property International Central Court to be a speaker at Waseda University on March 26, 2004.
Speakers and speech titles are as follows.
" "'The hearing of IP cases in the provincial court", Phattarasak Vannasaeng, Chief Judge
" "Procedures and Rules", Suvicha Nakvachara, Deputy Chief Judge
" "Associate Judges", Ruangsit Tankarnjananurak, Judge and Secretary
" "Over-Criminalization", Sripibool Visit, Judge

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