Date of Judgment: July 1, 1997
Issuing Authority: Supreme Court
Level of the Issuing
Authority: Final Instance
Type of Procedure: Judicial (Civil)
Subject Matter: Patent (Inventions)
Summary of the
judgment (decision):
If a patent
holder in Japan or an equivalent person assigns a patented product outside
Japan to another person, the patent holder, unless there is an agreement with
the assignee excluding Japan from the areas of sale or use of the said product,
may not seek an injunction in Japan concerning the patented product on the
basis of the patent right against the person who acquired the product from the
assignee, except in cases where the above agreement has been made and is
explicitly indicated on the product.
(Translated
by Sir Ernst Satow Chair of Japanese Law, University College, University of
London)