Saturday, October 17, 2015

Japan Initiating Revision of Trademark & Copyright Law to Implement TPP

Responding to TPP (Trans-Pacific Partnership) largely settled, Japanese government initiates revision of  Trademark and Copyright laws.

Of particular note should be change in assessment of the amount of compensation for damage. Under current laws, the amount of compensation is calculated by estimating actual damage. Therefore, a right holder often doesn't receive satisfactory compensation, when it is difficult to prove the amount of damage. Under the amendment bills, where an infringement is established, the right holder will receive a certain of amount compensation and further additional compensation, even when it is difficult to calculate damage.

Also, in the revised copyright law, protection from illegal downloading will be expand to e-books and computer software, in addition to music and movies.

The amendment bills will be submitted to the ordinary session of the Diet as early as next year.

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