Intellectual Property
Intellectual property, IT and data: overview
In a dispute over technology or information, both what needs to be checked and the steps available differ according to what is at issue — a registered right, the indication or the configuration of goods, or information that has been managed as confidential — and according to how the information has been managed and what the contract provides. Even for the same event, the party bringing a claim and the party facing one have to look at different things.
We assist with organizing the facts at the initial stages of our work on the matter, preserving evidence, negotiations with the other party, provisional dispositions and litigation, and responding in administrative procedures. A provisional disposition is an order of a Japanese court that regulates the position of the parties on a provisional basis while the main proceedings are pending; the applicant must make a prima facie showing of the right and of the need for the order. This page points to individual guides according to the situation.
How we can helpOrganizing the scope of the technology, information or product concerned / Checking the contracts and notices that relate to it / Securing evidence / Considering the approach to claims and to defending them / Handling negotiations, provisional dispositions and litigation
Contact FormContents
Articles by situation
1. What is the situation?
Inquiries fall into three broad groups. A question about rights: another company has alleged infringement, the company's own rights are being infringed, or the ownership of a right or the terms on which it may be used is in dispute. A question about information: technical materials or customer information have left the company, or have come into it. A question about system development or the management of data.
The main points to have in order are the scope of the technology, information or product concerned, the contracts that relate to it, any notice received and the deadline attached to it, and the records that remain. Depending on the matter, preserving records, limiting further harm and meeting deadlines may need to proceed in parallel.
What follows is not a complete list of topics in intellectual property, IT and data. It sets out the situations for which we have prepared individual guides. The grouping follows the way a matter usually arrives, and one matter can involve more than one guide.
2. Disputes over rights
This group covers infringement of intellectual property rights, and also the protection of the indication and the configuration of goods under the Unfair Competition Prevention Act, license agreements, and disputes over the ownership of rights in connection with a patent application. Each entry below indicates whether the guide is written for the party facing a claim or for the party asserting a right or a claim under a contract.
- Responding to a warning alleging infringement of intellectual property rights — where an allegation of infringement reaches the company or one of its business partners. Considering the reply, checking the content of the right and whether there is infringement, considering grounds on which a patent or other right may be invalidated, and handling negotiations and litigation.
- Responding to counterfeit products — where goods resembling the company's own products are being sold. Preserving evidence, identifying the legislation that provides protection, reporting to e-commerce and social media platforms, and procedures at customs.
- Disputes over intellectual property licenses — where the company wishes to respond to a breach by the other party, or where a breach is alleged against it. Termination, stock and use after the agreement has ended, and questions of royalties, reporting and audit during the term, set out from the position of both the licensor and the licensee.
- When a patent application has been filed without authorization — where another party has filed an application in its own name for technology developed by the company. The difference in procedure according to whether the application is pending or the patent has been registered, and establishing who owns the right.
3. Removal of trade secrets and technical information
Responding to a former employee suspected of having taken the company's information, bringing a claim against a competitor suspected of having acquired or used it, and responding where a newly hired employee has brought in materials from a previous employer each call for different checks. The guides are divided according to the company's own position and the party the response is directed at.
- Where a departing employee is suspected of taking information — responding as the company the information was taken from. Preserving records, dealing with the former employee, and questions of non-competition and solicitation. This work can begin before it is clear whether the information is a trade secret, starting from what the information is and how it was managed.
- Responding to the misuse of trade secrets by a competitor — bringing a claim against a company suspected of having acquired or used the information. How use may be established, injunctive relief and damages, and the handling of evidence in provisional disposition proceedings and in litigation.
- When a newly hired employee brings in a former employer's materials — responding as the company that received the materials. Isolating the materials and preserving evidence, examining how far they have spread, deciding whether the work can continue, and replying to the former employer.
Dealing with the former employee and bringing a claim against the competitor may be considered in parallel. Where both are in issue, the first two guides are best read together.
4. System development and the management of data
This group covers questions arising from the development of systems and from the management of the data a company holds.
- Disputes over system development projects — disputes over the abandonment of a project, refusal to accept delivery, defects, additional cost and delivery dates, payment, and delivery of the work product, from the position of both the vendor and the user.
- Responding to cyberattacks and information leaks — the initial response where unauthorized access or ransomware, a leak at a service provider, a misdirected transmission or an incorrect access setting is suspected, whether a report or notification is required, dealing with those affected, and public announcement.
Where information has left the company, whether the information is protected as a trade secret and whether steps are required under the Act on the Protection of Personal Information are checked separately from each other. A duty of confidentiality under a contract may also be in issue. These questions are best read together with the guides in the previous section.
5. Related areas
Disciplinary action, dismissal and requests to resign in relation to employees still in employment, and other matters concerning the employment relationship itself, are covered in Employment Disputes in Japan: A Guide for Employers. Non-competition and solicitation after employment has ended are also covered by the guide on departing employees in the previous section.
How an investigation is conducted where misconduct is suspected inside the company is covered by the guide on internal investigations into suspected misconduct. Where an authority requests a report or carries out an on-site inspection, see also Responding to Regulatory Investigations and Dawn Raids.
For counterfeit products themselves, see the guide in section 2. Where a contract with a business partner abroad or a procedure abroad is also involved, see also International legal services: overview. Regulation of advertising and representations and of entrusted transactions is covered in Regulatory compliance: overview.
6. Making an inquiry
We advise companies, other legal entities and their executives on disputes over technology and information. Depending on the matter and the scope of the instructions, our work runs from organizing the facts at the initial stages of our work on the matter, through preserving evidence and negotiations, to provisional dispositions and litigation and to responding in administrative procedures.
Before we hear the details, we check for conflicts of interest and related points. When you first contact us, please give the company name, the name of the other party, and an outline of the situation. We will explain how to send detailed technical material after those checks.
Key legislation and official sources
English translations of legislation are provided for reference. The Japanese texts are authoritative.
| Where it appears | Legislation | Source type |
|---|---|---|
| Infringement of patents, and applications filed without authorization (section 2) | Patent Act（特許法） | Japanese legislation / English translation |
| Trademarks, designs and copyright, including licenses (section 2) | Trademark Act（商標法）, Design Act（意匠法）, Copyright Act（著作権法） | Japanese legislation / English translation |
| Indications and the configuration of goods; trade secrets, injunctive relief and damages (sections 2, 3) | Unfair Competition Prevention Act（不正競争防止法） | Japanese legislation / English translation / Official guidance |
| Provisional dispositions and the prima facie showing required (introduction, sections 3, 6) | Civil Provisional Remedies Act（民事保全法） | Japanese legislation / English translation |
| Suspension of the import of infringing goods, and identification procedures (section 2) | Customs Act（関税法） | Japanese legislation / English translation / Official guidance |
| Steps required where personal information has leaked (section 4) | Act on the Protection of Personal Information（個人情報の保護に関する法律） | Japanese legislation / English translation / Official guidance |
Legal information reviewed: 2026-09-18
Contact
Making an inquiry
Please tell us the outline of the situation, any notice you have received and its date, and any deadline you are working to.
Contact FormThis article is provided for general informational purposes only and does not constitute legal advice on any specific matter. Please consult us regarding your specific situation. The content is based on the laws and regulations in effect as of the date of the last update.