Negotiation and Litigation in Japan〔Mizuno Kenji Patent & Law〕

  • japanese
  • english
  • chinese
Contact Us052-218-6790

Negotiation and Litigation in Japan

Judgment of Infringement

Whether or not an infringement had occurred needs to be judged legally and technical, so that it is necessary to ask an attorney at law or a patent attorney for a simple opinion. Such an opinion (judgment) is no more than an assertion of one party and has no influence on the calculation of the amount of damages etc. in litigation.

Consult an Attorney at Law or Patent Attorney

Warning and Negotiation

A negotiation process begins when an attorney at law starts acting as a counsel and sends a warning letter. In the case of Japan, companies strongly desire to avoid lawsuits as much as possible, however, many cases involve difficulties in proving the fact before filing a lawsuit.
Therefore, in the stages of negotiation, it is often difficult to reach a settlement with a large amount of settlement money.


A principle that a plaintiff is responsible to the claim and proof of the infringement is applied comparatively strictly. A collection of evidence that is conducted for the preservation of evidence or following an order to submit a document is limited, so in general, the case in which the evidence has to be sought cannot go into litigation.

Consult with us 052-218-6790
  • Contact Us
Mizuno Kenji Patent & Law
Access Details

Nagoya Joho-Center Bldg. 7A, 2-17 2-chome
Sakae Naka-ku Nagoya 460-0008 Japan
TEL: 052-218-6790 FAX: 052-218-6791