Guest Lecture on the Justice System for Intellectual Property Cases in Japan

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kuliah tamu sistem peradilan untuk kasus kekayaan intelektual di jepang
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As an internationalization effort and to enrich the knowledge possessed by students, the Faculty of Law, Universitas Airlangga continues to make efforts to present guest lecturers, both from within the country and abroad. After visiting lecturers from Europe and Australia, Mr. Nobukazu Nishio from the land of the rising sun came in person to the Faculty of Law, Universitas Airlangga, on Thursday, 10 November 2022. Also, present on occasion Mr. Takeyama Kenichi as the Japanese Consulate General in Surabaya. On this occasion, Mr. Nobukazu Nishio, as Japan’s High Court Judge, and the Japan International Cooperation Agency Chief Advisor on Intellectual Property Rights, had the opportunity to lecture on Japan’s justice system and the Judicial System for Intellectual Property Cases.

 

He started the lecture by stating that Japan generally uses a civil law system. This shows that the primary source of law that is recognized in Japan is the law (statute). Even so, the previous judge’s decision is still needed as a precedent to find out how to interpret and implement the law using examples of cases that have already been resolved. In addition, the number of justice systems in Japan is relatively minor compared to Indonesia. The judicial system in Japan at least consists of a Summary Court, District Court, Family Court, High Court, and Supreme Court. The location of each court is across various regions, except the Supreme Court, which is only located in Tokyo.

 

As a general description, the flow of procedures for civil cases in Japan is similar to that in Indonesia. This is because the stages begin with filing a lawsuit, followed by an answering event and proof, and ends with reading the decision. Peace settlement (wakai in Japanese), must also be attempted at every stage before the trial begins. The differences that are pretty obvious in the justice system in Japan are more visible in the flow of criminal case procedures. At least two types of investigations are known in Japan, namely, forced and voluntary. Forced investigations are carried out with a court order using coercive measures such as arrest, detention, confiscation, etc. As for voluntary investigations, a court order is not required because the person concerned cooperatively surrenders himself and the evidence. The legal principles that apply in the flow of criminal case procedures consist of the principle of a single indictment, the principle of acquittal, the principle of indirect testimony, the principle of confession, the principle of supporting evidence, and the principle of ‘in dubio pro reo’.

 

After learning about the justice system in Japan in general, the discussion continued to discuss the justice system for intellectual property cases specifically. Japan at least has a special division that deals specifically with intellectual property cases at the Tokyo District Court and the Osaka District Court. Intellectual property cases in Japan can be resolved through civil, administrative, and criminal matters. Intellectual property civil cases in Japan mainly involve violations and damages. Civil cases on the intellectual property itself are also divided based on two characteristics, namely technology and non-technology. Specifically for technological claims such as patents, utility models, integrated circuit layout designs, and the creation of computer programs can only be filed at the Tokyo District Court and the Osaka District Court. As for non-technological cases, they can be submitted to any district court. The intellectual property administration case is more related to the cancellation of the Japan Patent Office (JPO) decision. At the same time, intellectual property criminal cases are handled through the flow of criminal cases in general.

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