Date of Judgment: July 16, 1999
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):
(1) It is not
allowed to seek an injunction against the production and sale of products whose
quality standard was measured by using a method which is patented as an
invention of method (1) 'Acts needed for the prevention of infringement' as
provided by Art.100, para.2 of the Patent Law shall be measures to ensure the
effectiveness of an injunction in the light of the content of the patented
invention, the form of infringement which is being carried out or is likely to
be carried out in the future, specific contents of the injunction which the
patent holder seeks etc., and should be limited to the scope necessary for the
realisation of the claim for injunction.
(1) Under the
circumstances where the infringement of a patent of method comprises the use of
the method for confirming the quality standard of a pharmaceutical product and
the claim for injunction is limited to the use of this method, the abandonment
of the pharmaceutical product and the withdrawal of the application for the
listing for the pricing standards of pharmaceutical products are not 'acts
needed for the prevention of infringement' as provided by Art.100, para.2 of
the Patent Law.
(Translated
by Sir Ernest Satow Chair of Japanese Law, University College, University of
London)