OH-EBASHI English Newsletter_2021 Winter Issueを発行いたしました。

English Newsletterバックナンバーはこちらからご覧いただけます。

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Olympic-related Sports Dispute Resolution (弁護士 宮本 聡）
1. Overview
This past summer, the Tokyo Olympic Games were finally held without spectators at the stadiums after a year-long postponement. News coverage of the games did not only focus on the impressive performances and highlights of the Olympic athletes, but also the disputes that arose in connection with their eligibility, the disciplinary measures levied against them, and the decisions made by referees during the games. As such, it bears discussing what kind of remedy was made available to those athletes who were dissatisfied with the penalties, sanctions or decisions imposed on them, including for example, being declared ineligible immediately before the games.
In actuality, 15 cases of Olympic-related disputes were accepted by the ad hoc division of the Court of Arbitration for Sport ("CAS Ad Hoc Division") in Tokyo.
This article will explain the unique procedural rules of the Court of Arbitration for Sport ("CAS"), specifically, those of the CAS Ad Hoc Division, to resolve the Olympic-related disputes at the Tokyo Olympic Games under special circumstances due to the widespread infection of Covid-19...(続きはPDFをご覧ください。）

Latest Developments in the Japanese Patent Practice (弁護士 石津 真二）

A. Introduction
There have been some recent major developments in the Japanese patent practice, including those brought about by the amendments to the Patent Act of Japan1 in 2021 (as amended, the "Patent Act"). The said legislative amendments have (and will have) a significant impact on the patent practice in Japan. Thus, parties and practitioners in the patent field are advised to bear these changes in mind.
This article will first describe the amendment to the Patent Act that introduced online oral proceedings for patent invalidation trials at the Japan Patent Office ("JPO"). Thereafter, the new third-party comments system in patent litigation before the Japanese courts will be discussed. Finally, this article will conclude with an explanation of the effects of the above amendments on foreign companies.....(続きはPDFをご覧ください。）