WINDS FROM JAPAN

WINDS FROM JAPAN
Issue #80, August 2024

Issue #80 [PDF:3.3MB]

LES Japan Special Seminar with Russell Levine

Kasumi KANETAKA *

Seminar on February 29, 2024
　LES Japan U.S. Issues Working Group consists of more than 30 members and meets every other month to learn and discuss U.S. cases regarding licensing and various intellectual property issues. On February 29, 2024, the group had a special online seminar with Mr. Russell Levine. Russell is a member of the Board of LES International and a Past-President of LES USA and Canada. He was in Tokyo, Japan to participate in the 2024 Tokyo Marathon held on March 3, 2024. It was the second year in a row that the LES Japan U.S. Issues Working Group hosted this seminar and we were all looking forward to the lecture as well as Russell’s successful run at the Tokyo marathon.

　Similar to last year, the members appreciated and enjoyed learning from the seminar, “Top 10 Court Decisions of the Year Affecting Licensing” which described and analyzed court’s decisions in 2023 and early 2024. The issues were mainly divided into the potential use by a court of whereas clauses, the difference between mandatory and permissive forum selection clauses, the scope and interpretation of arbitration clauses and potential inconsistencies between such clauses and other clauses in the agreement, and the enforcement (or inability to enforce) post-expiration royalty obligations. After the seminar, there was a number of questions raised. Going over the decisions and Russell’s analysis, and during the robust discussion afterwards, the members gained knowledge and received advice of how to draft and negotiate licensing contracts by carefully choosing the words and clauses.

The 2024 Tokyo Marathon on March 3, 2024
　Following the seminar, Russell successfully ran the 2024 Tokyo Marathon. Last year, he received the six-star medal by finishing running the World Marathon Majors in Berlin, Boston, Chicago, London, New York, and Tokyo. Russell’s goal now is to run all six World Marathon Majors a second time and to earn another six-star medal. Having completed the 2024 Tokyo Marathon, Russell is on his way. All members of our Working Group wish him Good Luck on journey!

Never stop learning and looking forward to 2025
　Russell’s seminar is revised every year with new cases. We look forward to hosting Russell in Tokyo for his 2025 Top 10 Seminar which will be held on Thursday, February 27, 2025. Although achieving a huge milestone, he set a new goal for his marathon career. After one goal and achievement, there is a new goal that a person can find/set. I would like to move forward one by one to grow and never stop learning things.
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* Attorney at Law, Associate, OBLON Gaikokuho Jimu Bengoshi Jimusho

5th LESI YMC Asia Pacific Conference:
FORECASTING THE FUTURE OF THE IP INDUSTRY

By Takeshi IIZUKA * and Shizu MACHINO **

　We hosted 5th LESI YMC Asia Pacific Conference in Tokyo on April 12, 2024.

　The LES International Young Members Congress (YMC) is an organization for young LES members and regularly holding international conferences in the area of Pan-America, Pan-Europe and Asia-Pacific. At the Tokyo conference, 71 young members signed up, and 58 attended in person. It was impressive that one third of the participants were from outside Japan, providing our young members with a great opportunity for international networking.

　Under the theme of “Forecasting the Future of the IP Industry”, we conducted the following three sessions, all of which focused on the latest IP related issues that are currently being discussed in various jurisdictions.

Session 1-Generative AI to Innovate Our Work
　The panelists from the AI service providers discussed the potential of Generative AI to streamline and enhance work efficiency in the Intellectual Property industry.

Session 2- Anticipating Possible Regulations on AI for the Future
　The panelists specializing in IP laws discussed possible or proposed regulations on AI across jurisdictions regarding copyright, privacy, human well-being, and so on.

Session 3- IP Protection in a Networked World: Addressing Cross-Border Challenges
　The panelists specializing in IP laws discussed legal frameworks and IP protection in cross-border IP infringement cases.

　In addition to the wonderful sessions, the participants enjoyed communicating and conversing throughout the conference. The day before the conference, we hosted a Sponsors and Speakers Dinner on a yakata-bune, a Japanese traditional houseboat, which helped the sponsors and speakers get to know each other before the conference. After the conference, we held a reception for all attendees at an izakaya, a Japanese style restaurant, and an after party at karaoke! These informal events allowed for open and enjoyable conversations.

　We believe that the participants obtained valuable and practical insights and information from the sessions and enjoyed the interactions at each event. We hope this conference contributed to the further development of the YMC.
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* Patent Attorney, Iizuka International Patent Office
** Attorney-at-law [Japan and New York], Partner, Innoventier Group

AIPLA-LES Japan Joint meeting 2024:WIPO IP day

By Tomoko NOGUCHI *

　LES Japan hosted 17th AIPLA-LES Japan Joint in-person meeting on Apr 15, as a part of an annual event, “WIPO IP day”, which was held on Apr 26. The 1st meeting was held in 2005 and continued annually thereafter until 2019. It was cancelled only in 2020 due to COVID 19 and there were online meetings held in both 2021 and 2022. 2024’s meeting was held as an in-person meeting as we did in 2023.

　The 17th meeting in 2024 was moderated by Mr. Neil Henderson of the AIPLA IPPJ Steering Committee, and Ms. Tomoko Noguchi, a board member of LES Japan. Following opening remarks by Ms. Ann M. Nueting, AIPLA President, Ms. Chikako Hashimoto, President of LES Japan, presenters from AIPLA and LES Japan gave presentations on hot topics in intellectual property rights, as shown as below:
　1.“Regulations on generative AI in Japan”
　　presented by Mr. Hiroki Saito, Past President of LES Japan
　2.“US Approach/Reaction to AI Regulation” presented by Mr. James Abe, AIPLA IPPJ Committee
　3.“Panel Session - SEP: Developments and Commentary: JP, US, EP”
　　Moderator – Serina Matsuda, Member of LES Japan ICT business WG
　　Panelists - Tod Melgar, AIPLA IPPJ Committee, Mr. Felix Grasbon, AIPLA IPPJ Committee, and Shinya Suzuki, Chugai Pharmaceutical Co.

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* Director, Licensing, Nokia Solutions and Networks Japan G.K

2024 LES Japan Annual Meeting

By Yasuo FUJII*

　LES Japan held its Annual Meeting on July 12th and 13th, 2024 in Niigata City, Niigata Prefecture. The meeting was a great success with more than 200 participants attending!

Excursions
　Before the Meeting started, in the morning on July 12th, two excursions were held in parallel.
　The Golf Competition was held at the Kajikawa Course of SHIUN Golf Club, which is one of the most beautiful golf courses in Japan. The participants enjoyed playing golf in pleasant weather in Niigata with a temperature a few degrees cooler than in Tokyo.

　The Tour took the participants to: (1) TOJIRO Open Factory for learning about knife manufacturing using traditional techniques; (2) Tsubamesanjo Bit restaurant for enjoying Niigata Wagyu steaks for lunch; and (3) Imayo Tsukasa Sake Brewery for learning about manufacturing Sake in a traditional manner. The participants also enjoyed shopping for beautiful knives and tasty Sake.

Opening Ceremony
　The Meeting under the theme of "Flying - From Tradition to Innovation" started with opening remarks by Ms. Rumi Ichikawa, the Chair of organizing committee. Then Ms. Chikako Hashimoto, President of LES Japan, officially declared the Meeting open. We also watched a heartfelt video message by Ms. Sonja London, President of LES International following the greeting by Mr. Koichi Kasatori, Deputy Governor of Niigata Prefecture.
1) planning and holding the LES Japan Annual Conference and providing the members with a comprehensive opportunity for communications and sharing the latest IP issues; and
2) participating in LES International events and having active interactions with other LES societies, where the LES International Young Members Congress Asia Pacific Conference will be held in April and a Joint Meeting with LES China in September will be held, both occurring in Tokyo.

Keynote Speech 1 　Mr. Nobuaki Kobayashi, Senior Manager, Intellectual Property Dept., Engineering Headquarters, NIPPON SEIKI CO., LTD, delivered the Keynote Speech introducing his company's history including global business expansion especially in automotive parts. The participants were impressed by the company's continuous efforts for developing cutting-edge technologies.

Keynote Speech 2 　Dr. Yasuyuki Kishi, Associate Professor of Management and Sociology, and Vice Director of Sakeology Center, Niigata University, delivered another Keynote Speech introducing his passionate initiative for developing the "Sakeology" not only in Japan but also in the world. The participants learned a lot about traditional aspects and future possibilities of "Sake".

Banquet 　After the thought-provoking Keynote Speeches, the Banquet started with an opening address by our President Ms. Chikako Hashimoto, followed by congratulatory speeches by Dr. Yasuyuki Kishi and Ms. Kazuki Nanba, Niigata Tourism Goodwill Ambassador, followed by a toast to a drink by Mr. Yoshiyuki Iwai, Honorary Advisor of LES Japan and Past Commissioner of the Japan Patent Office.
　Participants enjoyed stimulating conversations with a very nice buffet serving Niigata specialties. They also enjoyed a very powerful performance of Bandai Drums by a local team named Shinryu-kai.

After-Party (Friendship Night)
　Following the closing remarks of the Banquet by Mr. Shoei Imai, President-Elect of LES Japan, the After-Party was held until late in the night, where members further enjoyed friendly face-to-face communication in a casual atmosphere.

Concurrent Workshops
　The second day of the Meeting started in the morning on July 13th with the concurrent five Workshops by: (1) U.S. Issues Working Group (WG) and European Issues WG;, (2) Asian Issues Studies WG;, (3) ICT Business WG;, (4) Healthcare WG; and (5) Intellectual Property Finance WG. The members attended the Workshops that interested them.
Panel Discussion
　Following the Workshops, the Panel Discussion was held under the theme of "How to Lead and Organize a Highly Successful Intellectual Property Department", with four panelists: Mr. Yoshihiro Endo (Honda Motor Co., Ltd. / Vice President / Head of Intellectual Property and Legal), Mr. Hiroyuki Yamauchi (Panasonic IP Management Co., Ltd. General Manager, Licensing Head Office), Mr. Nobuo Tanaka (Yokogawa Electric Corporation, Marketing Headquarters, Head of Intellectual Property & Design Center) and Mr. Takeshi Kasai (Asahi Kasei Corp., General Manager, Intellectual Property Dept.), and a moderator, Mr. Kenichi Nagasawa (Canon Inc., Advisor, immediate past President of LES Japan), where several issues, including efforts and challenges in each company in line with positioning and authority of the Intellectual Property Department, were discussed.

Closing Ceremony
　Finally the Meeting was closed with introductions of the upcoming LES Japan & LES China Joint Meeting in this September by Ms. Junko Sugimura, the Vice-President of LES International announced, and the next year's LES Japan Annual Meeting by Mr. Hiroyuki Kogure, the Chair-elect of organizing committee, in the closing ceremony.
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* Editor / Patent Attorney, Haruka Patent & Trademark Attorneys

Editors’ Note

　This issue includes articles "LES Japan Special Seminar with Russell Levine" by Ms. Kasumi KANETAKA, "5th LESI YMC Asia Pacific Conference: FORECASTING THE FUTURE OF THE IP INDUSTRY" by Mr. Takeshi IIZUKA and Ms. Shizu MACHINO, "AIPLA-LES Japan Joint meeting 2024: WIPO IP day" by Ms. Tomoko NOGUCHI, and “2024 LES Japan Annual Meeting” by Mr. Yasuo FUJII. Thank you for supporting “WINDS from Japan.” This newsletter will continue to provide you with useful information on activities at LES Japan and up-to-date information on IP and licensing activities in Japan. If you would like to refer to any back issues of our newsletters, you can access them via the following URL:https://www.lesj.org/en/winds/backnumber/

WINDS from Japan Editorial Board Members, 2024

Editor in Chief:
Yasuo FUJII

Editors:
Jinzo FUJINO; Shoichi OKUYAMA;
Junichi YAMAZAKI; Kei KONISHI;
Naoki YOSHIDA; Mitsuo KARIYA;
Takao YAGI; Hideko MIHARA;
Yoko NATSUME; Dennis M. HUBBS;
Yasuko TANAKA;
Chihoko SHIRASAWA