NFT Mechanism and Legal Issues of NFT Transactions

I. Introduction

February 17th, 2022

 NFT is a non-fungible Token. I think that many people have recently heard the word. NFT was originally a hot topic in the cryptocurrency-related industry, but recently, coupled with the news that major companies are entering the NFT business, I feel the general awareness is growing. The news of the auction in 2021 is famous as one of the reasons why NFT attracted global attention. This is an NFT work of a digital artist called "Beeple" that was not very high profile at the time on the March of the same year ("Everyday ‒ The First 5000 Days") was valued at about 7.5 billion yen at auction.

 In addition, the NFT Marketplace is a marketplace that helps artists convert digital art into NFT and provides a place for NFT transactions. It is also increasing rapidly. OpenSea, one of the major NFT marketplaces, is witnessing the expansion of the NFT-related market, with the total distribution in 2021-8 reaching about 3650 billion yen, which is more than 10 times the previous month's growth. If you are involved as a party in a transaction involving a business that originates from such a new technology, it is essential to understand the content of that technology and its legal impact on the transaction to protect your rights and prevent disputes in advance. In this paper, we outline the significance of NFT and the technology that is the source of its value, and examine the legal issues related to NFT, especially matters to be considered in formulating rules for NFT transactions related to digital art.

II. Features and mechanisms of NFT

1. Features of NFT

 Before we outline the features and technical aspects of NFT, we will explain NFT transactions on the NFT marketplace using diagrams to give an image of what NFT is like.

KT_2-1.png

 First, digital art artists can apply specific blockchain standards (e.g. ERC-721 in Ethereum blockchain) and issue a token with a unique ID in compliance with this policy. In this way, tokens that have their own unique value and do not have an alternative to other tokens are called NFT. When publishing this NFT, artists can link the NFT to the digital art they have created. This is sometimes called the "NFTize" of digital art. It is now possible to prove that it is the original through the possession of NFT.

 Artists can sell NFT linked to digital art in the NFT marketplace as described above. Users of the marketplace can find and purchase this NFT, and the transaction history at this time will be recorded on the blockchain. In this way, NFT is a landmark technology in that it gives scarcity and asset value to digital art, which was previously easily reproducible.

 The above is an example of how to use NFT in relation to digital art, but NFT generally has the following characteristics. 

KT2-2.png

 Originality is unique in that NFT itself has a unique value and there are no other tokens. This unique value is recorded on the blockchain, and its tampering is very difficult, so it can be said that this uniqueness is highly reliable. By using this, we can add rarity to content linked to NFT, and we can say that we have a high affinity with markets where the rarity of goods is important for value-added, such as art, trading cards, fashion or music.

 Traceability is a feature that focuses on NFT holder information. At the same time as the NFT is issued, the holder is recorded on the blockchain, and all subsequent transactions are also recorded on the blockchain. Thus, the buyer can trust the seller to be the current holder of the NFT (and, consequently, the content associated with it), and can trade with peace of mind. It can be said that the characteristic with meaning in the market where "who owns" has an important meaning for commodity value.

 Portability is one of the features of NFT. This is a feature of NFT's distributivity. For example, in the past, digital items purchased in a certain game could, in principle, be used only in the relevant game. However, since the data held by NFT is recorded on a blockchain that does not belong to any game, it has the potential to realize the use of NFT items purchased in one game in another game.

 In addition, NFT can set various trading conditions in advance using the mechanism called smart contract. This is the programmability of NFT. Smart contracts are "programs that store contracts written in programming language or machine language on the blockchain, verify the validity of the contract mechanically by the participants of the system, and automatically execute the contract." Ethereum, a representative blockchain where NFT is issued, has also a smart contract. With this smart contract, artists can achieve returns similar to resale right adopted in the EU. Resale right refers to the right of the author to receive a portion of the transaction amount when the work is resold to a third party, and this is a system that is not currently recognized under Japanese copyright law. However, by setting the condition on the smart contract at the time of NFT issuance, "I as the issuer receive 5% of the purchase price each time NFT is bought and sold", it becomes possible to receive revenue return like the resale right.

2. Mechanism of NFT

 The innovative feature of NFT lies in its unique nature, but what kind of technology is this unique feature secured? It is useful to review the technical aspects of NFT when considering legal issues related to NFT transactions, which will be discussed below, and I will outline it here.

 As mentioned earlier, Ethereum is a typical blockchain that can issue NFT, but Ethereum has a token standard called ERC (Ethereum Request for Comments), and ERC-721 is often used as the issuing standard for NFT. The data structure of the NFT issued based on ERC-721 is shown in the following figure, and information such as token ID, holder address, token URI (Uniform Resource Identifier) is recorded on the blockchain. This token ID is a unique value that makes the token unique, and this is how the irreplacability of the token is guaranteed. A token URI is an attribute that indicates the location of content information (metadata) associated with an NFT. As metadata, the name of the content, description, URL of the data (Uniform Resource Locator), etc. can be described.

 The token URI recorded on the blockchain as NTF indicates the location of the metadata, and the URL of the content data in the metadata indicates the location of the content data, and the content data is tied to the NFT.It should be noted that since the data size that can be recorded on the blockchain is not large, metadata and content data itself are mostly managed outside the blockchain (off-chain). 

KT2-3png.png

III. Legal Issues Related to NFT Transactions

1. Organizing Concepts

 Based on the above understanding, we will consider the legal issues related to the transaction of NFT linked to digital art below. Specifically, as a prerequisite for consideration, we will arrange related concepts legally, and explain the matters to be considered in the formulation of rules for NFT transactions linked to digital art. Therefore, in this section, we will first sort out the concepts related to the above transactions.

 First, the term "NFT digital art" in the following refers to digital art that is linked to NFT and managed outside the blockchain. Since only tangible objects are subject to ownership under civil law, NFT digital art, which is data, is not subject to legal ownership. However, if it is "a creative expression of thought or emotion" (Article 2, Paragraph 1, Item 1 of the Copyright Act), the NFT digital art will become a work and the creator will be entitled to a copyright. In the event of copyright infringement, the creator of the digital art can claim the injunction of the infringement and compensation for the damage suffered from the person who infringes the copyright. The creator may also grant permission to third parties to use NFT Digital Art.

 On the other hand, when simply referred to as "NFT" in the following, it refers to the token itself as data recorded on the blockchain. The content of NFT data usually does not itself contain content data, so NFT digital art associated with NFT is separate data from NFT.

 While NFT and NFT digital art are sometimes confused and explained, it is important to distinguish between the two concepts when considering what is the subject of the transaction and what legal rights the buyer can acquire in the transaction related to NFT.

2. Legal perspectives to consider when developing rules for transactions related to NFT Digital Art

(1) Importance of NFT Marketplace Terms of Use

 Transactions relating to NFT are rarely made only by both the holder and buyer of NFT, and it is common to be made through the NFT marketplace, which provides a place for the issuance and sale of NFT. In the case of transactions using new technologies such as NFT, there is a possibility that the protection of the rights of the parties may be insufficient due to the lack of legal maintenance, and in such cases, it is desirable to establish appropriate trading norms through arrangements based on the agreement between the parties. It is expected that the Terms of Use of NFT marketplace will play that role. It is also important for the NFT Marketplace to develop rules that fairly protect the rights of the parties through the Terms of Use, in that they can increase the incentive and use of NFT listings and purchases in that marketplace.

 Therefore, in the following, from the viewpoint of protecting the rights of copyright holders of NFT digital art and purchasers of NFT issued by copyright holders, we will examine the unique problems in transactions related to NFT digital art and explain the matters to be considered in the rule formulation (assuming that it is based on the Terms of Use of NFT Marketplace) to address these problems.

(2) The perspective of protecting the rights of NFT purchasers
 (i) Problems inherent in NFT transactions
 First, NFT transaction-specific issues related to the rights of the person who purchased the NFT can be considered as follows:

 Buyers in the NFT marketplace will consider purchasing an NFT in the hope that they will gain a position as if they "own" the NFT digital art associated with the NFT through their ownership of the NFT. However, as mentioned above, NFT digital art is not subject to ownership, so holding NFT will not legally own NFT digital art. In addition, since the data is separate from NFT and NFT digital Art, even if the buyer of NFT receives the transfer of NFT, it does not acquire copyright, which is a legal right about NFT digital Art, and it is only possible to acquire the right to use NFT digital Art if there is an agreement on a license between the parties. In this way, the gap between what NFT buyers expect from NFT holdings and what legal status they can actually acquire is considered to be one of the inherent problems in transactions related to NFT (The First Problem).

 In addition, an artist may convert one digital art into an NFT and sell it to a third party on the NFT Marketplace, and then convert the same digital art into an NFT again on the marketplace or another NFT marketplace. Since there are no technical restrictions on the number of times the same digital art is converted to NFT, there is a possibility that the value of the right to use NFT or NFT digital art of NFT buyers may be diluted after the fact (The Second Problem).

 Furthermore, as mentioned above, since NFT and NFT digital art are managed in different locations, it can be said that the outcome of both data does not coincide is a problem inherent in NFT transactions. In other words, after the NFT purchase, only the NFT digital art associated with the NFT may disappear, or the server to which the NFT digital Art is stored may terminate the service and the NFT purchaser may no longer be able to access the NFT digital art (The Third Problem).

 (ii) Matters to be considered in the formulation of rules
 In terms of the First Problem, as a means to reduce the above gap, it is possible to use the licensing of the art by the copyright holder of the NFT digital art to the purchaser of the NFT. The license by the copyright owner gives NFT purchasers the legal right to use NFT digital art, which means that the NFT purchaser's purpose of having legal rights in NFT digital art is fulfilled to a certain extent. As a method of licensing to NFT purchasers, as shown in the figure below, the copyright holder grants the NFT Marketplace "the right to license NFT digital art to NFT holders" at the same time as the NFT exhibition, and the NFT Marketplace grants licenses to NFT holders in accordance with the transfer of NFT. 

KT_3.png

 This design eliminates the need for each NFT buyer to obtain consent from the copyright owner each time they acquire an NFT, and ensures predictability because the content of the right to use is described in the Terms of Use.

 In the above case, if the copyright owner transfers the copyright to a third party after the NFT listing, the outcome of the right to use of the NFT holder becomes a problem. The Copyright Law stipulates that even if the copyright owner transfers the copyright after licensing the copyright to the user, the user can oppose the right to use against the assignee of the copyright (Article 63-2 of the Copyright Law).The Act is also considered to apply to the rights of use acquired by the Sublicensee. Thus, even if the copyright owner transfers the copyright to a third party "after" the NFT Marketplace sub-licenses the NFT holder, the NFT holder can counter the right to use the NFT digital Art against the assignee of the copyright. However, if the copyright is transferred "before" the NFT Marketplace sub-licenses to the NFT holder, the act does not apply, so the NFT holder may not be able to use the right against the assignee of the copyright and may not be able to use it as expected. Therefore, in order to prevent such a situation and protect the rights of NFT holders, it is also a matter to consider that the Terms of Use prohibit the transfer of copyright by the copyright holder after NFT listing.

 Next, with regard to the Second Problem, if NFT issuers are able to change the number of NFT issuance after the fact, which NFT purchasers expected at the time of purchase, the scarcity value of NFT will decrease and NFT purchasers may suffer unforeseen disadvantages. Therefore, in the Terms of Use, the number of NFT issuance is decided in advance at the time of issuance of the NFT, and it is possible to establish a provision that prohibits the issuance of more NFT in any NFT marketplace. However, even with such a provision, it may be difficult to establish a causal relationship between the issuance of an NFT exceeding the specified number of issuance and the decrease in the value of the purchased NFT, and it is important to note that a claim for damages against an NFT issuer is not necessarily a valid remedy.

 Regarding the Third Problem, it is not realistic to have these parties express and guarantee that NFT digital Art is stored in a location referenced by NFT, as artists and the NFT marketplace do not necessarily have sufficient authority for the management of NFT digital Art. It is considered that it is difficult to take effective measures based on the Terms of Use regarding the risk that NFT purchasers will not be able to access the digital art associated with the NFT after purchasing the NFT. For example, the development of a blockchain that can record information of a large capacity (by this, NFT digital art itself is recorded on the blockchain) is expected to be solved from the technical side.

(3) Viewpoint of protection of rights of copyright holders
 (i) Problems inherent in NFT transactions
 Next, we look at issues specific to NFT transactions related to the rights of authors to issue NFT.

 Originally, digital art had a problem that it could be easily accessed by third parties other than the copyright holder due to the characteristics of taking the form of data. NFT can be the beginning of giving digital art a unique and asset value, but it should be noted that the above problems still remain. That is, there is a problem that a third party who is not a copyright owner can convert NFT digital art into NFT without permission from the copyright owner (The Fourth Problem).

 In addition, as mentioned above, copyright holders can use smart contracts to receive profit returns similar to retroactive rights. However, at present, each NFT marketplace uses a smart contract of its own specifications, and the copyright owner relies on this to set the profit return, so the program related to the profit return may not be activated in other NFT marketplaces or relative transactions (The Fifth Problem).

 (ii) Matters to be considered in the formulation of rules
 As for the Fourth Problem, as a copyright owner, I think that we will consider whether it is possible to claim copyright infringement when NFT is issued by an unauthorized person. However, as mentioned above, the NFTization of digital art itself is only a data connection between non-replaceable tokens and digital art, so it is likely not to fall under the category of copyright infringement. In reality, however, it is considered difficult to sell the NFT without displaying digital art associated with the NFT on the NFT marketplace, so it is possible to claim infringement of copyright such as reproduction rights and public transmission rights at the time of such display. As an NFT marketplace, in order to prevent disputes based on NFT issuance by unauthorized persons, it is possible to prohibit the issuance of NFT by persons who are not copyright holders in the Terms of Use. In addition, it is also effective to request the upload of NFT digital art at the time of NFT issuance, in order to make the copyright owner aware of the fact of copyright infringement early in the event of NFT issuance by unauthorized persons.

 In terms of the Fifth Problem, as a prerequisite for discussion, there is a question of whether the program described in the smart contract will form the content of agreement between the parties to the transaction. In this regard, "Infrastructure development according to the data・driven society in Japan 2017 (survey on technology and systems corresponding to distributed systems)" report states as follows.

 "It is considered necessary for the contracting parties to recognize the basic mechanism that contracts described in machine language is automatically made based on certain instructions from the parties and to agree to use of smart contracts in advance. It is not necessary to give explicit consent to the results of the operation again, but it is required to make a common understanding of society, which is the basis for the conclusion of the agreement, through the explanation of the service, the terms and contracts for the use of the system, and the common understanding of society.”

 Based on this idea, when NFT marketplaces implement their own smart contracts, we believe it is important to familiarize them with the use and implementation mechanism in the Terms of Use.

 Next, regarding the implementation of the profit reduction system, from the viewpoint of protecting the rights of copyright holders, it is desirable to introduce a profit reduction system of common standards between NFT marketplaces. However, as an NFT marketplace, it is natural to want to adopt a unique profit reduction system to give trading incentives in their own marketplace, and in this case, it can be said that the interests of the NFT marketplace and the copyright owner are conflicting, so it may not be realistic to expect NFT marketplaces to voluntarily adopt a common profit reduction system with each other. In view of the fact that it has become easier to supplement art transactions with the advent of new technology called NFT, there is a legislative approach in Japan that allows the right to follow-up under copyright law. Alternatively, a standard on the blockchain that has a profit reduction system mechanism is developed in advance, and this will become the de facto standard for the entire industry, thereby realizing a profit reduction system that goes beyond the NFT marketplaces.

IV. Finally

 As mentioned above, in particular, from the viewpoint of protecting the rights of NFT purchasers and copyright holders, we considered the problems inherent in NFT transactions related to digital art, and explained the matters to be considered in creating rules to respond to these problems. There are a wide range of other matters to be considered in the formulation of rules for NFT transactions, including the responsibility of the NFT Marketplace itself and the prevention of fraud such as money laundering. We hope that this article will help those who may be involved as a party in NFT transactions to conduct legal examination of such transactions in the future.



DISCLAIMER
The contents of this article are intended to provide general information only, based on data available as of the date of writing. They are not offered as advice on any particular matter, whether legal or otherwise, and should not be taken as such. The author and Oh-Ebashi LPC & Partners expressly disclaim all liability to any person in respect of the consequences of anything done or omitted to be done wholly or partly in reliance upon the whole or any part of the contents of this article. No reader should act or refrain from acting on the basis of any matter contained in this article without seeking specific professional advice.

SS_MG_3468-Kei-Teshirogi.jpg

Written by Kei Teshirogi
Oh-Ebashi LPC & Partners

Seminars/Lectures

2024.04.24
【Online Seminar】 Seminar on Legal Practices for Companies Expanding Their Business Abroad (11): Features and Points to Note concerning Patent Infringement Litigation in the U.S. through Comparison with Patent Infringe Litigation in Japan
2023.12.14
【Onilne Seminar】Damage Compensation in Intellectual Property Right Infringement Cases - Recent Trends in Court Decisions and Practical Responses Thereto
2023.07.12
【Onilne Seminar】Seminar on Legal Practices for Companies Expanding Their Business Abroad (3): Points to Note in Expanding E-Commerce Overseas
2023.06.07
Workshop on patent information search and Invention business contest
2023.04.13
Understand Cookie Compliance in One Hour - Based on the Amended Telecommunications Business Act
2023.03.14
Workshop & Invention Business Contest
2023.03.01
Patent Information Searching Workshop & Invention Business Contest
2023.02.15
Workshop on patent information retrieval via patent databases for research and development technology
2023.02.07
【Onilne Seminar】Catch up with 2023's Latest Practices in 30 Minutes! Agriculture, Forestry, and Fishery/Ocean Wind Power Generation Business/eSports [Webinar jointly organized by three law firms]
2022.12.05
Workshop and Invention Business Contest on Patent Information Search
2022.11.01
【Online Seminar】Philippine Legal Practice Update ~ Ideas for Developing New Business in the Philippines ~
2022.10.26
【Onilne Seminar】Q&A on the Data Protection Legislation that Companies Considering Using the Internet for Advertisements should Know - Act on the Protection of Personal Information, Telecommunications Business Act, etc.
2022.10.04
【Onilne Seminar】Life Science Practice Seminar No.8: Legal Practices for Settlement of Pharmaceutical Patent Disputes
2022.09.08
Patent Information Search Seminar & Contest - Training on Patent Information Retrieval (Patent Search) and Patent Search Competition on Innovative Technical Solutions for Business -
2022.09.01
Seminar and Business Invention Competition - Study, Research and Dissemination of Patent Information -
2022.08.29
【Onilne Seminar】Seminar on Data Restriction in China - Trends of Legislation concerning Industrial Data Regulations, including Processing of Important Data and Cross-Border Data Transfer Regulation, and Compliance Therewith.
2022.07.08
【Onilne Seminar】New Series of International Legal Practice Seminars (11): Patent Practice in Europe - Based on Recent Updates
2022.06.30
【Online Seminar】Basics and Practices of English-Language Contracts Learned in English Part 3: License Agreement - An Explanation of Selected Key Points
2022.06.30
Workshops and Contests on IP Information exploitation on IPPLATFORM - Retrieval Education and Dissemination -
2022.06.07
【Onilne Seminar】Amendment of the Provider Liability Limitation Act and Corporate Practice with respect to Infringement of Rights on the Internet.
2022.05.11
【Onilne Seminar】New Series of International Legal Practice Seminars (9): Outline and Practice of Privacy Impact Assessment (PIA)
2022.03.14
Workshops and Invention Business Contests on Patent Information Retrieval Education and Dissemination
2022.03.11
【Online Seminar: Video Streaming】Series of M&A Legal Practice Seminars (8): M&A and Data Compliance ~ Based on the Amended Personal Information Protection Act ~
2022.03.10
Series of M&A Legal Practice Seminars (8): M&A and Data Compliance ~ Based on the Amended Personal Information Protection Act ~
2022.01.24
【Online Seminar】Mechanism of NFT and legal issues related to NFT transactions
2021.10.12
Learn the Basics of Cookie Compliance
2021.07.29
【Online Seminar】Court Cases on Core System and Software Development
2021.07.16
【Onilne Seminar】Series of Seminars on Latest Court Decisions (1): Dispute over Development of Information Systems/Software
2021.06.15
IPBA VIRTUAL CONFERENCE - Innovative Resilience in an Altered Legal Landscape
2021.02.10
【Online Seminar】International Legal Practice Seminar (2): Intellectual Property Agreements with Overseas Companies
2021.02.01
Study of GDPR based on Cases of Enforcement
2021.01.15
【Online Seminar: Video Streaming】China Legal Practice Update ②
2020.12.15
【Online Seminar: Video Streaming】China Legal Practice Update ①
2019.12.13
Trade Secret Law from Japanese and German Perspective
2019.11.20
DSEI Japan Conferene 2019
2019.11.08
New York State Bar Association (NYSBA) International Section - Global Conference 2019 - Panel 11 Cross-Border Protection of Design
2019.09.19
The Legal 500 GC Summit Japan 2019
2019.08.27
【Tokyo】Seminar on the Amendments to the Unfair Competition Prevention Act to be enacted on July 1, 2019
2019.08.20
Latest legislation concerning calculation of the damages for patent infringement and trends in court decisions
2019.07.09
【Nagoya】Seminar on the Amendments to the Unfair Competition Prevention Act to be enacted on July 1, 2019
2019.02.01
[For Contractors and Subcontractors] How to Conclude System Development Contracts to Prevent Problems
2019.01.24
90-Minute Review: Overview of E-Commerce Compliance in Japan, China and Singapore
2018.12.21
Present and Future of "Technology" Transfer to China - With Reference to US Policy Concerning China and Technology -
2018.12.10
【Nagoya】Points in Drafting a Joint R&D Agreement: Learning through Dispute Case Studies
2018.11.12
[For Consignors and Parent Businesses] How to Conclude System Development Contracts to Prevent Problems and Violations of the Subcontracting Act
2018.11.09
Philippine Legal Practice Update ~ Ideas for Developing New Business in the Philippines ~
2018.09.28
Current and Future Technology Transactions with China
2018.09.18
Points in Drafting a Joint R&D Agreement: Learning through Dispute Case Studies
2018.08.28
Legal Issues Concerning the Handling of Data in the Big Data/IoT Era - From the Perspectives of Protection and Utilization
2018.07.25
【Tokyo】 International Corporate Counsels Association (INCA) - Product and Store Design Protection by Unfair Competition Prevention Act and Copyright Act -
2018.05.24
【Tokyo】Understanding in 90 Minutes! - Overview of the Changes Made to the Employee's Invention Reward System by the 2015 Amendment to the Patent Act and Remaining Issues
2018.05.21
Asia Legal Practice Morning Seminar (6):Measures to Be Taken by Asian Countries for the Protection of Personal Data (As Based on the GDPR)
2018.03.23
Summary of EU General Data Protection Regulations (GDPR) and Compliance Therewith
2018.02.27
The Future Forum by Control Risks Group Holdings Ltd. - Required Intelligence - Issues and Challenges for "Strategic Use" of Cyberspace
2018.02.10
【Nagoya】Summary of EU General Data Protection Regulations (GDPR) and Compliance Therewith
2017.07.25
Exhaustion of Patent Rights in Japan, U.S. and China
2017.07.04
[Nagoya] Management of Intellectual Property Rights in China and ASEAN Countries
2017.05.19
[Tokyo] Management of Intellectual Property Rights in China and ASEAN Countries
2017.05.12
[Seminar Series of 2 Sessions] Session 1: Management of Intellectual Property Rights in China and ASEAN Countries
2016.11.24
Legally Understanding Cyber Attacks
2016.11.15
Impact of the Trans-Pacific Partnership Agreement (TPP) on Areas of Intellectual Property
2016.09.23
Cyber Laws × Infrastructure Designs
2015.05.20
Cross-Border Disputes in Cyberspace and the Obligation of Disclosure
2014.09.26
Legal Measures against Various Threats in Cyberspace
2014.06.01
Negotiations regarding Intellectual Property in the Trans-Pacific Partnership (TPP)
2014.04.01
Background, Current Status and Prospects of Economic Partnership Agreement Negotiations
2014.02.01
Innovation in Countries in Economic Partnerships as well as the Current Situation and the Prospects for IP Systems
2013.11.28
Negotiations regarding Intellectual Property in Economic Partnership Agreements (EPAs) of Japan
2013.03.22
Legal Preparation for Cross-Border E-Discovery
2012.11.18
Economic Partnership Agreements (EPA) and Intellectual Property
2012.09.13
Briefing Session (2): Digital Forensics Products and Outline of Training on Their Use
2012.07.09
Countermeasures Against Frauds in the Age of Globalization - Defense of Confidential Business Information in the Era of Cyber Warfare -
2011.03.03
Information Management for e-Discovery - Case Studies from the U.S.A. -

MORE

Publications

2024.05.01
生成AIに関連する法的問題点
2024.04.20
物の発明に係る非専用品型間接侵害(特許法101条2号)該当性を判断した判決-非専用品型間接侵害の要件論-
2024.04.10
Foreign Filling Restrictions of Major Countries -Mechanisms to Restrict Foreign Filing of Sensitive Inventions-
2023.11.20
Inventions Made Across Boarders and the Attachment Foreign Filling Restrictions: Conflicts in the Restrictions and How They Are Handled
2023.10.02
Cyberattacks, cybersecurity, and economic security...? Take a Pause to Consider them
2023.08.24
Thematic-based: Legal Practice in the Healthcare Business
2023.07.18
Doing Business In... 2023 Trends and Developments
2023.05.20
Japan M&A - Key Intellectual Property Issues in M&A Transactions -
2023.04.03
Handling of Personal Data in the "Metaverse"
2023.04.03
Avatarization of Celebrities and Contractual Practices in the Metaverse
2023.02.28
National Comparison Tables - Japan part
2022.12.16
JAPAN: An Introduction to Intellectual Property: Bengoshi
2022.10.03
Protection of Image Designs and Spatial Designs - Status and Practical Response after the 2019 Amendment to the Design Law
2022.07.26
Standard Agreement on the Extraterritorial Transfer of Personal Information
2022.07.15
The Intellectual Property and Antitrust Review 7th edition Japan Part
2022.07.12
Doing Business In... 2022 Trends and Developments
2022.07.06
Information Compromised by a Cyber Attack! What is the Legal Responsibility of the Company?
2022.07.04
Legal Compliance of Workplace Surveillance in China -From a Personal Information Protection Perspective
2022.07.01
The Supreme Court Decision on Cyber Security and the Coinhive Case
2022.06.24
Legal Protection of Big Data in Japan
2022.05.18
Japan M&A - Key Intellectual Property Issues in M&A Transactions -
2022.03.11
A study of the secret patent systems of various countries, and the introduction of the same system in Japan (No.2)(end)
2022.03.01
Summary of Countermeasures for Counterfeit Products in the US
2022.02.17
NFT Mechanism and Legal Issues of NFT Transactions
2022.02.14
A study of the secret patent systems of various countries, and the introduction of the same system in Japan (No.1)
2022.02.04
A Case in Which the Applicability of Article 3, Paragraph 1, Item 3 of the Trademark Act was Disputed with Respect to the Trademark "VEGAS" (Intellectual Property Newsletter (2022 February Issue))
2022.01.12
Subject Matter of License and "Implied License" under Patent License Agreements Written in English
2021.12.23
Latest Developments in the Japanese Patent Practice
2021.12.22
Personal Information Protection Law of China (2) - Processing of Personal Information and Consent by the Data Subject -
2021.12.22
[Report from China] Digital Yuan and Electronic Payment
2021.12.01
A Detailed Explanation of Economic Partnership Agreements
2021.11.24
Measures on Security Assessment of Cross-Border Data Transfers (Draft for Comment) - Basic Points to Note -
2021.11.15
[Series] E-Commerce Practices (Points to Note in Drafting Terms and Conditions.etc.) (No. 12):Points to Note regarding Personal Data Protection (3)
2021.10.28
Personal Information Protection Law of China (1) - Basic Points to Note -
2021.10.15
[Series] E-Commerce Practices (Points to Note in Drafting Terms and Conditions.etc.) (No. 11):Points to Note regarding Personal Data Protection (2)
2021.10.01
Obligation to Conclude Multilateral Treaties in the Field of Intellectual Property through FTA/EPA - Efforts to Strengthen Protection of Rights and to Achieve International Harmonization of Systems -
2021.09.30
Looking Back on the First 4 Years of the "Network Security Law" in China (Part II) -China's Regulations on Cross-border Transfer of Data, Etc.
2021.09.15
[Series] E-Commerce Practices (Points to Note in Drafting Terms and Conditions.etc.) (No. 10)
2021.08.30
Looking Back on the First 4 Years of the "Network Security Law" (Part I)
2021.08.05
A Case in Which a Court Admission Rendered in the First Trial was Overturned upon Considering Issues of Conventional Technology and Revising Judgment Based on the Fulfillment Theory (Intellectual Property Newsletter (2021 August Issue)
2021.07.15
The Intellectual Property and Antitrust Review 6th edition Japan Part
2021.07.14
Doing Business In... 2021 Japan  Trends and Developments
2021.05.07
A Case in Which the Japan Patent Office and the Court Reached Different Decisions Regarding Similarity in the Inventive Step of Two Inventions (Intellectual Property Newsletter (2021 May Issue))
2021.05.01
Japan M&A - Key Intellectual Property Issues in M&A Transactions -
2021.03.31
Protection of Geographical Indications under the TPP and Japan-EU Economic Partnership Agreement (EPA)
2021.03.05
A Case Involving a Dispute Over Similarity of Trademarks and Other Matters Related to Services Supporting Job Seeking Activities by Currently Unemployed Recent Graduates with Work Experience (Intellectual Property Newsletter (2021 March Issue))
2021.03.01
COVID-19 and Corporate Legal Affairs - Legal Issues during/after COVID-19
2021.01.26
Intellectual Property Newsletter (Digest version) (2021 Winter Issue) Key Points in Reading Case Reports
2020.12.21
2021 Book Guide for Legal Affairs "Updates to Common Business Sense in Response to Changes in the Social Environment" [Business Law Journal, February 2021 Issue]
2020.07.31
2020.07.01
The Intellectual Property and Antitrust Review 5th edition Japan Part
2020.05.01
【Special Series on COVID-19: Information Security Law】 Teleworking and Information Security during the Spread of the Novel Coronavirus
2019.01.01
Learn Digital Forensics from the Basics - From Introduction to Practical Application Thereof
2019.01.01
Business and IP commitments in Economic Partnership Agreements (EPAs)
2018.09.06
2018.08.28
The Act on Special Measures for Productivity Improvement (Part 2) - Outline of the System to Facilitate Data Sharing and Collaboration
2018.08.10
The Act on Special Measures for Productivity Improvement (Part 1) - What does the "Regulatory Sandbox" mean?
2018.03.21
The Compass for Intellectual Property Law - The Supreme Court Ruled on a Re-defense based on a Correction of Claims against a Patent Invalidity Defense in a Patent Infringement Case
2018.03.01
IP Laws of the Philippines
2018.02.19
Q&A on the Actual Practice of Employee Inventions (Keiso's Law and Practice Series)(co-author)
2017.05.01
JAPAN Section/Protection and Disclosure of Trade Secrets and Know-How
2015.03.01
Handbook on Joint Research and Development Agreement
2015.02.01
Reading of U.S. Supreme Court Cases: Commentary on Intellectual Property and Business Cases in the 21st Century
2014.01.01
Dictionary of Digital Forensics (Revised Edition)
2013.01.01
A Commentary on eDiscovery
2013.01.01
Art of Self-Defense in Cyberspace - Cyberspace and Protection of Business Secrets
2012.01.01
Information Security that Becomes Increasingly Important Every Year (Forefront of Computer Forensics (1))
2012.01.01
Necessity of eDiscovery based on Application Thereof in the U.S. (Forefront of Computer Forensics (2))
2012.01.01
Authenticity of Evidence and Destruction/Falsification Thereof (Forefront of Computer Forensics (3))
2012.01.01
Development of the Legal System Failing to Keep Up with the Advancement of Computer Technology (Forefront of Computer Forensics (4))
2012.01.01
Application of Law in Cyberspace (Forefront of Computer Forensics (5))
2011.01.01
Legal Practice in the Cloud Era
2010.09.01
Intellectual Property Commitments in Japan's Economic Partnership Agreements (EPAs)
2010.01.01
Practical eDiscovery: In Preparation for a Civil Lawsuit in the U.S.
2010.01.01
Negotiations regarding Intellectual Property in Economic Partnership Agreements (EPAs), [1] - [9]
2007.05.01
Commentary on FTA/EPA Negotiations

MORE

Lawyers

ページTOPへ