As of October 1, 2019, parties involved in
disputes over intellectual property may seek to resolve these disputes through
conciliation before a conciliation board.
By filing a petition for conciliation with
either the Osaka District Court or the Tokyo District Court, the parties
involved in the dispute would be allowed to present their evidence to a board consisting
of three members (one judge and two intellectual property attorneys). It is hoped that a decision can be handed
down by the board within a series of three hearings (within 3 to 6 months),
however, both parties are free to withdraw their request for conciliation or
re-file the complaint for the same dispute.
In the latter case, a new judge would be appointed to preside over another
series of hearings.
The board’s decision serves as its
impression of the case and may go so far as to suggest that litigation is
necessary to resolve the case. Alternatively, it may offer a suggested settlement that both parties may
agree upon. For some intellectual property - related disputes, it is hoped
that, in the same manner as the Japan International Dispute Resolution Center
(JIDRC), the conciliation system may eliminate the need for expensive and
lengthy litigation, which would ultimately benefit small and medium sized
enterprises.
Source:
http://www.courts.go.jp/tokyo/saiban/l3/Vcms3_00000618.html
(Japanese)