Provisional Translation
| OTO No. | 436 | Classification | MITI-114 |
|---|---|---|---|
| Date of Acceptance | December 20, 1990 | Ministry/Agency Receiving Complaint | Economic Planning Agency |
| Responsible Ministries | Ministry of International Trade and Industry | Related Laws | Patent Law |
| Complainant | Royal Swedish Embassy (proxy complaint) | Exporting Countries | Sweden |
| Subject | Request for action under the Patent Law to clear the market of imitations of a greenhouse curtain that is patented in Japan. | ||
| Details of Measures | It is impossible for the administration to exclude the imitations based on the present patent. Should the patent right is or going to be infringed, there is no choice but to file an action to the court against the infringement (the right to stop the infringement under Article 100-1, Patent Act) and an action for damages (the right to demand damages under Article 709, Civil Law Act, the right to claim the return of unfair gains under Articles 703, 704, Civil Law Act), etc. | ||
| Classification of Processing | D | Directions | I-a |
| Remarks | |||