Lack of access to foreign court filings is a significant problem for IP
law researchers. Not only is there nothing like a PACER or even an
INPADOC , most other judicial systems follow the civil law tradition.
As result there are fewer publicly , if at all, documents /"pleadings"
filed, no docket or file history of the litigation proceeding made
available and little or no "discovery of evidence." We even have this
lack of access in other common law tradition systems in the UK and
Canada. Although Canada has recently put some federal court information
on the
http://cas-ncr-nter03.cas-satj.gc.ca/portal/page/portal/fc_cf_en/Court_I
ndex . Note also that term for what we in the US call dockets are
referred to differently in different countries; Canada uses the term
docket and index. This is true for the state courts in the US too,
including New York where the term index is used for dockets.
Those of us in the American Association of Law Libraries Private Law
Libraries Special Interest Section IP Group
http://www.aallnet.org/sis/pllsis/Groups/ip.asp have spoken time and
time again to the commercial docket information providers i.e. CourtLink
and West and the answer is all the same. They would try to license the
data from the foreign courts if the foreign courts had that type of
information even though the "dockets' would be inconsistent in there
content . But, for a fee, they will send their runners to the courts in
the foreign.
As result we IP law librarians spend a lot of time looking for
information on pending foreign patent litigation in newspapers and press
releases. You may want to obtain this reference work
International patent litigation : a country-by-country analysis
/ Michael N. Meller, editor. -- Washington, DC : Bureau of National
Affairs, c1983-.
Lucy
Lucy Curci-Gonzalez | Director of Library Services
Kenyon & Kenyon LLP
One Broadway | New York, NY 10004-1007
212.908.6122 Phone | 212.425.5288 Fax
lcurcigonzalez_at_kenyon.com <mailto:LCurcigonzalez_at_kenyon.com> |
www.kenyon.com <http://www.kenyon.com/>
Professional Legal Management WeekSM recognizing those in legal
management for what they do and the role they play in the success of the
organization, and in its service to its clients and those who work in
the organization. October 6-10, 2008
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From: Michael O'Keeffe [mailto:riskmentor_at_gmail.com]
Sent: Wednesday, September 24, 2008 7:18 AM
To: PIUG Discussion List @ Listbox
Subject: Re: [PIUG List] Japanese Sources
Alan,
I think we will get there by stages.
I checked with AIPPI Japan just now about the coverage of IP decisions
and it appears that many, but not all, are covered there. The missing
decisions would only matter if a searcher had to be assured that
acomprehensive and exhaustive search was conducted. However, if you have
the case number, then the full text is availble. As you say, matters in
progress are another story.
Mike O'Keeffe
Japanese Patent Translator
www.riskmentor.org <http://www.riskmentor.org/>
2008/9/24 Alan <aengel_at_paterra.com>
Mike,
They are keyword searchable. Please take a look near the bottom
of the form at http://www.ip.courts.go.jp/search/jihp0010. The search
help page at
http://www.ip.courts.go.jp/picture/iphhanrei_search_help.html claims
that they have essentially all of the decisions since April 1, 2005 and
a portion of the decisions from before then. It also covers appeals vs
the JPO. You can also browse by month starting from February of this
year.
The coverage is only of the decisions. There is nothing like
Pacer where you can track litigation in progress. When we looked into
this a year ago, we found that the information is public but you can
only get it at the court house.
Best regards,
Alan Engel
Paterra, Inc.
Suite A24, 2-1-6 Sengen, Tsukuba
Ibaraki 305-0047 Japan
Email: aengel_at_paterra. com <mailto:aengel_at_paterra.com>
________________________________
From: Michael O'Keeffe [mailto:riskmentor_at_gmail.com]
Sent: Wednesday, September 24, 2008 3:24 PM
To: PIUG Discussion List @ Listbox
Subject: Re: [PIUG List] Japanese Sources
Alan, Louise,
allow me to be a little bit more explicit.
The web site Alan cites is useful to get a flavor of IP decisions, if
you can read Japanese. However, it only claims to cite SAMPLE decisions
and does not cover all IP decisions and has a short backlog. Moreover,
these decisions that are available are, to the best of my knowledge (I
had a quick look) NOT keyword searchable, only case number searchable.
Alan rightly points to ACCJ IP comittee who raised the matter with the
Japanese Cabinet Office IP Secretariat, who were looking for ways to
make IP 'more important' in Japan and it was suggested to them that
making ALL IP decisions available online, even if only in Japanese,
would be a big step.
The Japanese chapter of AIPPI has for years been translating, as a
voluntary activity, landmark IP decisions to English and publishing them
in their magazine. Their staff at the Toranomon office are very helpful
and patient in explaining arcane details and some of them speak English
too.
Mike O'Keeffe
Former Chairman of ACCJ IP Committee
Now Freelance Japanese Patent Translator
www.riskmentor.org <http://www.riskmentor.org/>
2008/9/23 Alan <aengel_at_paterra.com>
The Intellectual Property High Court provides access to decisions at its
web site http://www.ip.courts.go.jp/search/jihp0010?. I am not aware of
a service for tracking ongoing litigation but I will ask around at a
SMIPS (Society for the management of intellectual properties)
(http://www.smips.jp/) meeting on Saturday.
I invite you to join the American Chamber of Commerce in Japan (ACCJ). I
am a member of their Intellectual Property Committee which meets re
gularly to, for example, provide input to the USTR and advocate changes
in Japanese IP law and practice. We recently held a luncheon meeting
with Kiyoshi Ogawa, Counselor, Secretariat of Intellectual Property
Strategy Headquarters, and one titled, "Current Intellectual Property
and Regulatory Issues Involving Collaborative Content Creation." The
ACCJ web site is at http://www.accj.or.jp <http://www.accj.or.jp/> .
Alan Engel
Paterra, Inc.
Suite A24, 2-1-6 Sengen, Tsukuba
Ibaraki 305-00 47 Japan
Email: aengel_at_paterra.com
________________________________
From: Studer, Louise [mailto:Louise.Studer_at_ropesgray.com]
Sent: Wednesday, September 24, 2008 1:36 AM
To: PIUG Discussion List @ Listbox
Subject: [PIUG List] Japanese Sources
Hi,
We recently opened an office in Tokyo and was wondering how other US
firms handle the time differences for search or other legal research
requests.
Also does anyone know of sources (online similar to Pacer) or use a
searching or legal service in Tokyo for requests such as below?
1. Litigation (current or previous) in Japan on counterpart Japanese
patents.
2. Counterpart Japanese patents may be in invalidity proceedings in
Japan (muko shinpan). Look into any invalidity proceedings involving.
Someone suggested maybe a Japanese Law School or Bar Association may
provide a legal research service?
Any information would be greatly appreciated.
Louise Studer
Louise E. Studer
Manager of IP Library
ROPES & GRAY LLP
T 212-596-9195 | F 646-728-2707
1211 Avenue of the Americas
New York, NY 10036-8704
Louise.Studer_at_ropesgray.com
www.ropesgray.com <http://www.ropesgray.com/>
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Received on Wed Sep 24 2008 - 16:25:38
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