Profile

Motohiro Takahashi

TEL:+81-3-3596-7307+81-3-3596-7307

Bar Admissions
Admitted in Japan, 2001
Tokyo Bar Association
Background

Keio University (LL.B.), 1999
Keio University (LL.M.), 2000
Admitted in Japan, 2001, Tokyo Bar Association
Joined Mori Sogo (currently, Mori Hamada & Matsumoto), 2001
Established STW & Partners (currently, SHIOMIZAKA), 2007
Visiting Lecturer of Kyushu University, 2007-2008
Lecturer of Japan Patent Attorney Association, 2008-2009
Lecturer of Graduate School of Management of Science and Technology (MIP), Tokyo University of Science, 2010-2013
Lecturer of Japan Patent Attorney Association, 2011-2013
Temporary member of Patent Attorney Examination Subcommittee, Industrial Property Council, Japan Patent Office, 2013-2019
Member of Examination Committee for the Intellectual Property Management Skills Test, 2013-
Visiting Lecturer at K.I.T. Toranomon Graduate School (Graduate Program in Systems for Intellectual Creation), 2013-2015
Visiting Professor at K.I.T. Toranomon Graduate School (Graduate Program in Systems for Intellectual Creation), 2015-
Examiner member of Patent Attorney Examination Subcommittee, Industrial Property Council, Japan Patent Office, 2021-2022

Publications

"A Clause-by-Clause Commentary: Drafting Software Development Agreements Based on Case Studies" 2023 (Co-Author)
"Case Law and Practice: No. 545 Intellectual Property High Court Grand Panel Judgment on Application of Article 102, Paragraph 3 of the Patent Act to the Rebutted Portion of the Presumption under Article 102, Paragraph 2" 2023
"Commentary on the Trademark Act of Japan [New Edition]" 2022 (Co-Author)
"Case Requesting Disclosure of Identification Information of the Sender, Case No. Heisei 30 (2018) (ju) 1412 (Third Petty Branch, Supreme Court, July 21, 2020) ~ A Case in Which the Court Found That : The Act of Retweeting a Tweet Infringes the Attribution Right; and the Person Who Retweeted Falls under 'the Sender of the Infringing Information' Set Forth in Article 4 (1) of the Provider Liability Limitation Act, and Also the Act of Retweeting Is Considered as an Infringement of the Right of the Appellee 'By the Distribution of the Infringing Information' (Article 4 (1)(i) of the Act) ~" 2021
"Overview of Court Precedents on Patent Infringement Cases in 2019" 2020
"Case Law and Practice: No.502  IP High Court Grand Panel Decision Related to Art. 102 para. (2) and (3) of Patent Law" 2020
"Interpretation of Patent Claims for Beginners" 2020 (Editor & Co-Author)
"Performing Employees' Duties [Nitrolime Case]" 2019
"What to Do against Patent Infringement" 2017
"freee v. Money Forward -- Significance of the Judgment of Tokyo District Court" 2017
"Legal Advice on Trademarks II" 2017 (Co-Author)
"Precedents and Practice, No. 461: Cost to be Deducted in the Calculation of Damages based on Article 102, paragraph 2 of the Patent Act" 2016
"Patent Infringement and Stealing Trade Secrets (Highlight: Points to Consider in Responding to a Dispute in Preparation for Possible Litigation)" 2015
"Software Development Agreement Proposed by a Partner Vendor (Highlight: Practical Know-how to Interview for Contract Evaluation)" 2014
"Very Basic Aspects (No. 86): Things to Do in Taking Civil Proceedings for Patent Infringement Cases" 2014
"Employee Invention-related Litigation" 2014
"Practical Procedure for Hearings of a Trial for Patent Invalidation" 2013
"Standardization and FRAND Declaration -- Licensing Conditions for Standard Essential Patent" 2013
"Guide to Practical Procedure for Litigation regarding Patent, Trademark, and Unfair Competition" 2012 (Co-Author)
"Legal Risk Seminar for Medium-sized Companies (5): Points to Consider regarding System Development Agreement" 2011 (Co-Author)
"Very Basic Aspects of Business Law Practice-IP Law-" January 2011
"Legal Risk Seminar for Medium-sized Companies (3): Points to Consider regarding Intellectual Property" 2010 (Co-Author)
"Very Basic Aspects of Business Law Practice-IP Law-" November 2010
"Very Basic Aspects of Business Law Practice-IP Law-" July 2010
"Practical Points of the Revised Unfair Competition Prevention Act" 2009
"Guide to Intellectual Property Law for Company Executives - with a focus on Business Management and Patent Strategy" 2008
"A case the appeal to the Supreme Court was dismissed, when after the IP high court had found invalidity of the patent and dismissed the claim of the patentee-plaintiff, the JPO's amended decision restricting the scope of patent claim had become final, indicating the existence of a reason for retrial" 2008
"Reviewing Recent Cases where Damages are Claimed based on Article 102, paragraphs 2 and 3 of the Patent Act" 2008
"Practice of Agreement about Information Systems: based on the Model Deal Agreement of Information System published by Ministry of Economy, Trade and Industry" 2007
"Act Against Unfair Competition (Chapter 4)" Practical Usage of Intellectual Property for the People Who Become President (Domestic Edition" 2007 (Co-Author)
"Practice of Trustee Agreement of Software Development (Chapter 7)" New Edition: Corpus Business Contract Practice, 2007 (Co-Author)
"Lecture: Analysis of Court Precedents of Employee Invention Case and Important Provision of Invention Incentive Rules in the Pharmaceutical Industry" 2007
"Lecture: Actual Situation of Recent Employee Invention Case - with a focus on the measure corporate contribution to the drug patent" 2007
"Corporate Legal Affairs: Actual Situation of Employee Invention Litigation" 2006
"Thorough Analysis of Employee Invention - From Analyzing Disputes arising out of Employee Invention to Employee-Inventor Remuneration System Building" 2005 (Co-Author)

NOTE: All publications are written in Japanese.  These English titles listed above are translated from the Japanese originals only for reference purposes.

Seminars

"Generative AI: Today's Use Cases and Copyright Concerns" SHIOMIZAKA Legal Seminar, September 7, 2023
"Analyzing Judgments on Court Cases over System Software Development in the Last Three Years" (3 sessions) SHIOMIZAKA Legal Seminar (online), published on July 26, 2022
"Service Agreements -- Dealing with Issues Arising from COVID-19 (IT Development Projects, etc.)" (3 sessions) SHIOMIZAKA Legal Seminar (online), published on October 6, 2020
"Technological Innovation and IP Laws -- Past Ten Years and Ten Years to Come" STW Seminar, September 29, 2017
"Recent Movement towards Amending IP Laws (the Patent Act)" STW Seminar, February 26, 2015
"The Crux of a System Development Agreement" 12th STW Corporate M&A Legal Seminar hosted by STW & Partners, January 29, 2014
"Recent Amendment to IP Law and its Impact on the Course of Business" 7th STW Corporate M&A Legal Seminar hosted by STW & Partners, October 18, 2012
"Amendments to the Limitations Clauses of the Copyright Act and their Impacts on Business Operations" STW Seminar, February 9, 2012

NOTE: All seminars were presented in Japanese.  These English titles listed above are translated from the Japanese originals only for reference purposes.

Major Awards

・ Awarded Bronze by IAM Patent 1000, 2022, in the area of Japan: Domestic, Individuals: Litigation.

TEL:+81-3-3596-7307+81-3-3596-7307