Contents & Abstracts■ IP Activity by Board························································································· 2Naoto KUJI

■ Mediation for Disputes Related to Industrial Property Rights : Perspectives from EU andFrench Law ··································································································· 5
Asako WECHS HATANAKAMediation is in vogue throughout Europe. This article examines the function performed by mediation for
disputes related to industrial property rights with the focus on the EU and France. To this end, an analysis
will be made on the role of the dispute resolution providers as well as on the provisions that encourage theuse of mediation on the one hand, and that limit the scope of mediation on the other.

■ Requirements for Refusing a Patent Term Extension Application and the Scope of the Ex-

tended Patent Right : The Supreme Court Judgment for the bevacizumab (Avastin®) medicine Case and following Tokyo District Court Judgment for an Infringement Case of Extended Patent Right ························································································ 16
Ryoko ISEKI
The Supreme Court judgment for the bevacizumab medicine case in 2015 decided that every approval under
the Pharmaceutical Affairs Act enables register an application for a patent term extension unless he/she already got prior approval for a medicine which includes approval of the medicine upon which the application
relied.
A Tokyo District Court judgment for an infringement case in 2016 ruled that the scope of protection of anextended patent right is effective for the product to be used for the prescribed use by the approval and its
equivalents and products that are evaluated substantially to be identical. And that the equivalents and substantially identical products mean products which differ from the prescribed product only in an addition, deletion, or conversion of a common, ordinary technology.

■ Similarity of the Marks and Abuse of Rights ························································ 31Masashi TAKEO
Referring to “melonkuma” case, this paper discusses the meaning of “similarity of the marks” test and doctrine of abuse of rights in the case of trademark infringement where defendant’s mark is nationally70

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■ Intellectual Property High Court’s Judgment relating to the Concept of Public Policy under the Trademark Act ··················································································· 46
Tsukasa ASO
This article provides a critical study on the judgment of Intellectual Property High Court relating to the concept of public policy under the Trademark Act. The court stated that this trademark was likely to cause damage to public policy of the Trademark Act Article 4(1)(vii) through a perspective of the purpose of the application for trademark registration. It cannot be said that there is no question as to this judgment because of theconfusion between the public interest and the private interest.

■ Protection of Regional Brand by Regional Collective Trademark ······························ 59
Kazuhiro KIMURA
Last year, geographical indication of agriculture, forestry and fishery products is introduced, it is progressing
the development of protection of regional brands in Japan. In this paper, for geographical indications and regional collective trademark to introduce the summary, it is to consider the use of regional collective trademark.

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