Japanese ruling upsets importers and IP lawyers; patent holders fear losing fair market prices

Article Abstract:

A Mar 23, 1995, Japanese appeals court decision permitting so-called parallel importation stirred anxiety in US and other pharmaceutical and agricultural chemical industries. Critics say the decision casts doubt on the profitability of many items now protected by patents in Japan. Many companies charge higher prices for these goods in Japan than elsewhere to cover the cost of expensive Japanese regulations. The ruling lets third parties buy a patented product elsewhere, ship it to Japan, and sell it below the maker's price.

United States, Japan, Germany, International trade, International aspects, Patent law, Imports

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Industry groups in conflict over software protection

Article Abstract:

The newly established Alliance to Promote Software Innovation is the latest entry in the battle to protect computer software and favors bringing this about by giving broad latitude in interpretations of copyright law. The American Committee for Interoperable Systems, on the other hand, wants to develop interoperable systems without having to worry about infringement claims.

Software, Copyright, Copyrights, Software protection, Copy protection

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Protection for holders of patents; burden shift

Article Abstract:

Alleged patent infringers will now have to show why filing suit against them after the six-year period of laches has expired does not result in undue harm. Bar associations, industry groups and defense counsel in other cases had filed amicus briefs, maintaining that businesses counted on the laches defense and it should not be removed.

Burden of proof, Patents, Limitation of actions, Statute of limitations

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