Übersicht über die japanische Rechtsprechungsentwicklung zum geistigen Eigentum im Jahr 2024/2025

Abstract

The Japanese Supreme Court and the IP High Court in the first half of 2025 issued three important decisions in relation to patent law: The first is the DABUSdecision of the IP High Court of 30 January 2025 that in accordance with other foreign courts, held that an AI could not be an inventor under the Japanese Patent Act. The second is the Internet Video Service decision of 3 March 2025 where the Highest Court in Japan interpreted the principle of territoriality of patents in that infringement could also be affirmed in a case of an act distributed over various servers located in different countries. And third, the IP High Court (Grand Panel) on 19 March 2025 held that the treatment for breast enlargement did not fall under the patent exemption of medical treatment.
For trade mark law, the IP High Court in the Shin-Godzilla case on 30 October 2024 acknowledged the influence of the recognition of a series character on the acquired distinctiveness of the latest design variation. For design law, the IP High Court in the Beer Foam case of 19 December 2024 clarified that a solid form is necessary for the registration of a design.
The IP High Court in the TRIPP TRAPP II decision of 25 September 2024 voiced concerns about the overlapping protection of designs and copyright. The court thus applied the doctrine of separating practical function and creative expression of the part separable from the practical function.
Such important decisions in the years of 2024 and 2025 will give rise to much legal discussion in Japan and to further legal developments.