The strategies of managements and branding and the activities for assertion and proof in intellectual property litigation――suggestions from the recent precedents of the Japanese IP high court

In a context of utilization of intellectual property in managements, the strategies of managements and branding are gaining their importance in every field of industry. This tendency affects the recent judicial precedents of the Japanese IP High court. The case 2020 (Ne) 10057, dated March 29, 2022, refers to “Management Strategy” in its text. Additionally, the case 2023(Gyo-ke) 10095, dated March 11, 2024, refers to “Branding Strategy” in its text. In this presentation, the main theme is, based on the analysis of those precedents and the relevant cases, what effects the construction and consideration concerning the strategies of managements and branding in peacetime will bring about and what is important to the activities in intellectual property litigation to bring about such effects to judgements of the court.