Supplementary Provisions, Article 3Transitional Measures Accompanying the Partial Amendment of the Patent Act
第三条（特許法等の一部改正に伴う経過措置）
The following provisions do not apply to a case for which litigation is completed before this Act comes into effect; nor to a case for which oral arguments before the high court or district court that constitutes the court of second instance are finished before this Act comes into effect; nor to a case for which a party, before this Act comes into effect, reserves the right to a final appeal but agrees not to appeal to the court of second instance against a summary court decision or a decision that the district court has reached as the court of first instance:
次に掲げる規定は、この法律の施行前に、訴訟の完結した事件、第二審である高等裁判所又は地方裁判所における口頭弁論が終結した事件及び簡易裁判所の判決又は地方裁判所が第一審としてした判決に対して上告をする権利を留保して控訴をしない旨の合意をした事件については、適用しない。
Omitted
略
the provisions of Articles 114-6 to 114-8 of the Copyright Act, following the amendment under the provisions of Article 9.
第九条の規定による改正後の著作権法第百十四条の六から第百十四条の八までの規定
(Confidentiality Protective Orders)
In litigation involving infringement of the moral rights of an author, a copyright, print rights, the moral rights of a performer, or neighboring rights…
裁判所は、著作者人格権、著作権、出版権、実演家人格権又は著作隣接権の侵害に係る訴訟において、その当事者が保有する営業秘密（不正競争防止法（平成五年法律第四十七号）第二条第六項に規定する営業秘密をいう。以下同じ。）について、次に掲げる事由のいずれにも該当することにつき疎明があつた場合には、当事者の申立てにより、決定で…
Open this provision(Cancelation of a Confidentiality Protective Order)
A person that petitions for a confidentiality protective order or a person that becomes subject to a confidentiality protective order may file a petition with the court that has cases record on file…
秘密保持命令の申立てをした者又は秘密保持命令を受けた者は、訴訟記録の存する裁判所（訴訟記録の存する裁判所がない場合にあつては、秘密保持命令を発した裁判所）に対し、前条第一項に規定する要件を欠くこと又はこれを欠くに至つたことを理由として、秘密保持命令の取消しの申立てをすることができる。
Open this provision(Notice of a Request to Inspect Case Records; Related Matters)
In the event that the ruling provided for in Article 92, paragraph (1) of the Code of Civil Procedure is reached with regard to cases record in connection with litigation in which a confidentiality…
秘密保持命令が発せられた訴訟（全ての秘密保持命令が取り消された訴訟を除く。）に係る訴訟記録につき、民事訴訟法第九十二条第一項の決定があつた場合において、当事者から同項に規定する秘密記載部分の閲覧等の請求があり、かつ、その請求の手続を行つた者が当該訴訟において秘密保持命令を受けていない者であるときは、裁判所書記官は…
Open this provisionfinal appeal
上告
The appeal against a judgment of second instance, and against a high court's judgment at first instance: it goes to the Supreme Court (最高裁判所) against a final judgment a high court (高等裁判所) gives at second or first instance, and to a high court against one a district court (地方裁判所) gives at second instance (Code of Civil Procedure, Article 311, paragraph (1)); where, after the final judgment, both parties agreed not to appeal to the court of second instance (控訴) while keeping the right to a final appeal, it goes straight to the Supreme Court against a district court's judgment and to a high court against a summary court's (Article 311, paragraph (2), and Article 281, paragraph (1)). Its grounds are limited: an error in interpreting the Constitution or another breach of it (Article 312, paragraph (1)); one of the flaws the Code lists, such as a court not formed as the law requires, a judge barred by law taking part in the judgment, a lack of a legal representative's (法定代理人) or litigation representative's (訴訟代理人) authority, a breach of the rules that oral argument (口頭弁論) be public, or a judgment that gives no reasons or contradictory ones (paragraph (2)); and, in a final appeal to a high court, also a breach of law or regulation that clearly affected the judgment (paragraph (3)). Where the Supreme Court is the court to appeal to, a party may petition it to accept the case as a final appeal (上告受理の申立て), which it may do where the judgment conflicts with its precedents or the case otherwise involves an important point in interpreting laws and regulations; the grounds of Article 312, paragraphs (1) and (2), cannot be raised that way, and once the case is accepted a final appeal is deemed filed (Article 318, paragraphs (1), (2) and (4)). A final appeal is filed by submitting a petition for final appeal (上告状) to the court whose judgment is appealed (Article 314, paragraph (1)), within the same two weeks from service (送達) of the judgment as an appeal to the court of second instance (Articles 285 and 313), and if the petition states no grounds, a statement of them must follow within the period the Supreme Court's rules (最高裁判所規則) set (Article 315, paragraph (1)). The final appellate court is bound by the facts the judgment below lawfully found (Article 321, paragraph (1)); it may dismiss the appeal without oral argument where the papers show it has no grounds (Article 319), and where a ground is made out it quashes the judgment and sends the case back to the court below or to another court of the same rank, or in some cases decides it itself (Articles 325, paragraph (1), and 326); the Supreme Court may also quash a judgment for a breach of law or regulation that clearly affected it, even where none of those grounds is made out (Article 325, paragraph (2)). A judgment a high court gives on a final appeal can be appealed again to the Supreme Court only on the ground that it breaches the Constitution (Article 327, paragraph (1)).
Written by AI using Code of Civil Procedure, Arts. 281, 285, 311 to 315, 318, 319, 321, 325 to 327 as a reference.
oral argument
口頭弁論
The hearing at which the parties to a civil lawsuit or another court proceeding put their case to the court by speaking: the parties must argue a lawsuit before the court in oral argument, though in a case to be concluded by a ruling (決定) the court decides whether to hold one (Code of Civil Procedure, Article 87, paragraph (1)), and the rule gives way where a provision says otherwise (paragraph (3)): the court may, for one, dismiss without oral argument an action that is unlawful and cannot be put right (Article 140). The presiding judge directs it (Article 148, paragraph (1)), it must as a rule be prepared in writing, in briefs (準備書面) (Article 161, paragraph (1)), though not in a summary court (簡易裁判所) (Article 276, paragraph (1)), and where the court finds it appropriate it may, after hearing the parties, hold it by a video link, a party who takes part that way being treated as having appeared (Article 87-2, paragraphs (1) and (3)). If a plaintiff or defendant does not appear on the first date for oral argument, or appears but does not argue the merits, the court may treat what their complaint, written answer or other briefs say as stated and have the other party argue (Article 158); a party who does not make clear that they dispute a fact the other party alleges is deemed to admit it, unless the argument as a whole shows they disputed it (Article 159, paragraph (1)), and so is a party who does not appear, unless they were summoned by service by publication (公示送達) (paragraph (3)). If both parties fail to appear on a date for oral argument, or leave without arguing, and neither asks for a new date within one month, the action is deemed withdrawn, as it is when that happens on two dates in a row (Article 263). The judgment is given by the judges who took part in the oral argument it rests on (Article 249, paragraph (1)), as a rule within two months of the day oral argument concludes (Article 251, paragraph (1)). The court clerk makes an electronic record (電子調書) of each date (Article 160, paragraph (1)), and a breach of the rules that oral argument be public is a ground for a final appeal (上告) (Article 312, paragraph (2), item (v)).
Written by AI using Code of Civil Procedure, Arts. 87, 87-2, 140, 148, 158 to 161, 249, 251, 263, 276, 312 as a reference.
appeal to the court of second instance
控訴
An appeal against a final judgment that a district court (地方裁判所) gave at first instance, or against a summary court's (簡易裁判所) final judgment (Code of Civil Procedure, Article 281, paragraph (1)): a high court (高等裁判所) hears one against a district court's or a family court's (家庭裁判所) judgment, and a district court one against a summary court's judgment in a civil case (Courts Act, Article 16, item (i), and Article 24, item (iii)). None lies where, after the judgment, both parties agreed not to appeal while keeping the right to a final appeal (上告) (Code of Civil Procedure, Article 281, paragraph (1)), and the right to appeal may be waived (Article 284). It must be filed within two weeks of the day the party is served (送達) with the electronic judgment (電子判決書), or with the electronic record (電子調書) the judgment was recorded in instead, though one filed earlier is still valid (Article 285) — an inalterable period (不変期間), which the court cannot extend or shorten, though it may add time for a party who lives far away (Article 96, paragraphs (1) and (2)) — by submitting a petition for appeal (控訴状) to the court of first instance (Article 286, paragraph (1)), and until that period has run out the judgment does not become final and binding (Article 116, paragraph (1)). The court of second instance hears oral argument (口頭弁論) only within the limits of the change to the first judgment that the parties ask for (Article 296, paragraph (1)), and what was done at first instance keeps its effect there (Article 298, paragraph (1)); it dismisses the appeal if it finds the first judgment proper, and sets the judgment aside if it finds it improper, only as far as the appeal reaches (Articles 302, paragraph (1), 304 and 305). The appeal may be withdrawn until the court of second instance gives its final judgment (Article 292, paragraph (1)); the party appealed against (被控訴人) may file an incidental appeal (附帯控訴) until oral argument concludes, even after its own right to appeal has ended (Article 293, paragraph (1)); and where the court dismisses an appeal filed only to delay the case, it may order the party who appealed (控訴人) to pay up to ten times the fee for filing it (Article 303, paragraph (1)). No appeal to the court of second instance lies against the judgment in a small claims action (少額訴訟) (Article 377).
Written by AI using Code of Civil Procedure, Arts. 96, 116, 281, 284 to 286, 292, 293, 296, 298, 302 to 305, 377 and Courts Act, Arts. 16, 24 as a reference.
summary court
簡易裁判所
One of the four kinds of lower court (下級裁判所) beneath the Supreme Court, with the high courts (高等裁判所), the district courts (地方裁判所) and the family courts (家庭裁判所) (Courts Act, Article 1, and Article 2, paragraph (1)). A summary court has jurisdiction at first instance over civil claims whose value does not exceed 1.4 million yen, other than claims in administrative cases, and over criminal cases for offences punishable by no more than a fine or for which a fine is one of the penalties the law allows, among others (Article 33, paragraph (1)). A petition for court mediation goes, unless a special rule says otherwise, to the summary court for the place where the other party lives or has its business office or other office, or to a district court or summary court the parties agree on (Civil Mediation Act, Article 3, paragraph (1)).
Written by AI using Courts Act, Arts. 1, 2, 33 and Civil Mediation Act, Art. 3 as a reference.