Nagashima Ohno & Tsunematsu (NO&T) is actively engaged in a robust variety of sophisticated IP matters.
Because our clients are market leaders in innovation and the strategic use of IP, we handle a wide variety of disputes and provide pre-dispute advice as well as general, coordinated IP program structuring. Our successful litigations and settlements span all areas of intellectual property in Japan, with particular emphasis on contentious work in the fields of patents, utility models, trademarks, design rights, copyrights, passing-off and other violations of the Act on Prevention of Unfair Competition and employee inventions. We consistently secure the most excellent results in a cost-effective manner, not only in litigation, but also in negotiation.
Well-known, recent litigations include the “PLEATS PLEASE” case for client Issey Miyake (copyright; plaintiff; successful judgment), the “iMac” case for Apple Computer (trade dress; plaintiff; successful preliminary injunction) and the Blue LED employee-invention compensation case for Nichia Corporation (defendant in appellate court), in which we successfully reduced the amount of compensation to one percent of the original trial court holding by settlement after judicial recommendation and proceedings.
Many of our lawyers have substantial experience with IP litigation in the United States and other leading commercial jurisdictions. This breadth of exposure forms the basis of a cross-border window we think is unique in Japan: the ability to provide foreign clients with familiar context and reference points in making key litigation decisions. We believe that our superior ability to communicate the litigation situation and the Japanese system and its nuances, when combined with the abilities of our practitioners who are at the top of their fields in every respect, leads to the most favorable result in each case for our clients. This level of effective communication is often an outcome-determinative difference in the uncertainties of overseas litigation.
Because our clients regularly enter into some of the most ground-breaking technology and IP-related transactions in Japan and abroad, we have strong commercial, technical, drafting and negotiating skills required to complete the most challenging transactions in the shortest cycles of negotiation. Our internationally-recognized corporate and M&A practice is strengthened by our ability to undertake complex IP-related matters such as strategic alliance and joint venture implementations, technology transfers and transitions, long-term, technical research, development and collaboration agreements, establishing new distributorships, agencies and technology-driven subsidiaries in Japan, as well as a large variety of other information technology, Internet and entertainment matters, including publishing, television, music, film and new media projects.
Due to the maturation of IP-related businesses and the development of novel financing techniques, new crossover trends between IP and finance exist, such as IP-collateral based finance and structured finance incorporating IP. We have many experienced finance lawyers who are leaders in developing the opportunities in these new fields.
To bring together the strength of a common focus, the Intellectual Property Practice Group (“IPPG”) consists of members who emphasize IP in their practices.
Our IPPG gathers together some of the most well-regarded practitioners in Japan, and it exists to combine for greater value the diverse backgrounds and experiences of its members by sharing legal developments, strategy and market-understanding relevant to our clients' most important concerns. We have a deep pool of human resources, which includes a former judge of the Intellectual Property High Court of Japan, members of government-organized IP-related councils and working groups, a former in-house counsel of a prominent Japanese company, members who have worked in foreign IP law offices, a foreign attorney who practiced at a Silicon Valley based-technology law firm, members who are also qualified as benrishi (patent agents) and lawyers with relevant technical degrees and valuable industry experience.
By combining these diverse resources under a shared goal of providing the best IP legal representation to the best companies operating in or based in Japan, we hope to exceed the expectations of every client on every matter in which we are called upon to assist.
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