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Gotaro Takahata

Gotaro Takahata

Osaka Tokyo Nagoya

Partner
Osaka Bar Association

Practice Areas

  • Disputes between companies, Corporate governance
  • Intellectual property rights law
  • Compliance, Fraud Investigation, Response to corporate misdoings
  • Real estate transaction
  • Support for start-up companies
  • Biotech/Pharmaceutical law
  • Environmental law
  • M&A/Corporate Reorganization
  • Labor law
  • Bankruptcy related law

Biography

1978 Born in Mie
Mar. 1997 Mie High School
Mar. 2004 Kyoto University Faculty of Law (LL.B.)
Mar. 2006 Osaka City University Law School (J.D.)
Dec. 2007 The Supreme Court's Legal Research and Training Institute (60th term)
Midosuji LPC
Apr. 2012 Japan Patent Office (Appeals Department) (- Mar. 2013)
Jan. 2018 Partner of Midosuji LPC (- present)
Jun. 2018 Visiting Professor, Graduate School of Science, Technology and Innovation, Kobe University (- present)
Dec. 2024 Outside Company Auditor of Kurihara Kogyo Co., Ltd. (- present)

Experience

  • Infringement lawsuits of intellectual property rights (patent, design right, trademark and copyright), Invalidation trials, Filing (Motion) of objection, Providing written expert opinions with respect to potential intellectual property infringement etc.
  • Drafting and negotiation for various licensing agreements and joint research/development agreements
  • Injunction cases for trade secret infringement pursuant to the Unfair Competition Prevention Act
  • Response to corporate misdoings (quality-related misconducts, incidents, environmental issues, compliance violations), Providing advice and recommendations for prevention of corporate misdoings
  • Securitization and fluidization of real estate
  • Drafting various contracts and providing legal advice with respect to investments in start-up companies
  • Environment-related legal disputes (soil contamination, waste disposal, etc.)
  • M&A of various business companies (including analysis and evaluation of intellectual property)

Publications

  • “Points to Consider for Processing Personal Data in the Development and Input Phases of Generative AI” (Joint Author) (NBL No.1273, September 2024)
  • The Case where IP High Court Reversed the Judgment of the First Instance in which the Court Recognized the Abuse of Rights Defence on the grounds that the Enforcement of Patent Rights Conflicts with the Antimonopoly Act (IPHC Decision on the case of “Recycled Toner Cartridges”)(International Association for the Protection of Intellectual Property of Japan “AIPPI (Monthly Journal)” Vol.68 No.9, September 2023) (Click here to download the PDF file (Japanese only))
  • “Response to Revision of Corporate Governance Code Regarding Intellectual Property and Intangible Assets and Establishment of Intellectual Property and Intangible Assets Governance Guidelines” (Business & Law LLC, January 2023)
  • “IP Due Diligence in M&A Transactions” (Japan Intellectual Property Association “Chizai Kanri (Intellectual Property Management)” VOL.72 NO.9, September 2022)(Click here to download the PDF file (Japanese only))
  • “Actual Practice of Intellectual Property Contracts – Doctrine and Format – Design, Trademark and Authorship” (co-authored; contributed the section regarding music-related contracts) (SHOJIHOMU Co., Ltd., May 2022)
  • “Analyses on Rulings Rescinding Patent Trial Decisions～Actual practices from Intellectual Property High Courts Cases～”(Joint Author) (Separate Volume NBL No. 148, in March 2015)
  • “The Commentary on the New Patent Opposition System –The 2014 Revisions to the Patent Act–”(Research Institute of Economy, Trade and Industry, in July 2014)

Lectures

  • “Basics of Law Concerning Company and Business Start-up” (Graduate School of Science, Technology and Innovation, KOBE UNIVERSITY, in December 2024)
  • “Start-up and Intellectual Property Strategy” (Graduate School of Science, Technology and Innovation, KOBE UNIVERSITY, in December 2024)
  • “Protection of Trade Secret pursuant to the Unfair Competition Prevention Act and Key Points in Actual Practice” (hosted by Nagoya Chamber of Commerce & Industry, in November 2024)
  • “Utilization of Prior Use Rights and Key Points with Examples” (hosted by a private company in November 2024)
  • “Key Points of Trade Secret and Technical Management in B2B Manufacturing Industry” (hosted by Chubu Bureau of Economy, Trade and Industry, in October 2024)
  • “Management of Trade Secrets and Information under the Unfair Competition Prevention Act as Amended in 2023 – Recent State of Affairs Concerning Protection of Trade Secrets –” (Kansai Branch of Japan Patent Attorneys Association in November 2023)
  • The Case where IP High Court Reversed the Judgment of the First Instance in which the Court Recognized the Abuse of Rights Defence on the grounds that the Enforcement of Patent Rights Conflicts with the Antimonopoly Act (The case of “Recycled Toner Cartridges”)(International Association for the Protection of Intellectual Property of Japan in February 2023)
  • “Key Points for Use of Pre-created Images/Resources and the Copyright Act” (hosted by a private company in March 2022)
  • “Basics of Intellectual Property and Joint Development Agreement” (Chubu Bureau of Economy, Trade and Industry in September 2021)
  • “Key Points for In-company Trainings/Seminars and the Copyright Act” (hosted by a private company in March 2020)
  • “Legal Affairs and Risk Management Seminar” (hosted by a private company in October 2019)
  • “Intellectual Property and M&A” (Association of Corporate Legal Department in February 2019)
  • “Product Development and Intellectual Property Laws ~ with a Focus on the Copyright Act ~” (hosted by a private company in February 2019)
  • “How to Apply for Patents Considering Potential Litigation” (co-hosted by Patent Professional Corporation, MAEDA & PARTNERS and Midosuji LPC in May 2018)
  • “Prevention of Corporate Misconducts/Misdoings – Compliance Training” (hosted by a private company in February 2018)
  • “Importance of Management and Control on Trade Secrets as an Intellectual Property Strategy” (presented in the event, “Chizai-no-Mikata ~ Mobile Japan Patent Office in KANSAI ~”, hosted by Kansai Bureau of Economy, Trade and Industry in February 2018)
  • “Key Points for Drafting Study Materials of Planning/Projects and the Copyright Act” (hosted by a private company in February 2018)
  • “Basics of Intellectual Property Laws” (hosted by a private company in December 2017)
  • “Basics of the Companies Act” (hosted by a private company in December 2017)
  • “Basics of Labor Laws” (hosted by a private company in December 2017)
  • “Implementation of Employee Invention System” (presented in the event, “~ Intellectual Property Activation Seminar in Mie ~”, hosted by Chubu Bureau of Economy, Trade and Industry in November 2017)
  • “Current State in Revision of Employee Invention Regulations ~ Analyzing Response Status and Key Points for Actual Practice Following the Law Amendment” (Japan Intellectual Property Association in June 2017)
  • “Key Points for Contract Practice and Overseas Business Relating to Intellectual Property” (Chubu Bureau of Economy, Trade and Industry in December 2016)
  • “Basics of the Companies Act, Contracts and Intellectual Property” (hosted by a private company in December 2016)
  • “Actual Practice for Management and Control on Trade Secrets – Measures at Usual and Unusual Condition” Association of Corporate Legal Department in September 2016)
  • “Revised Employee Invention System Seminar – Actual Practice on the Revision of Regulations and Internal Procedures” (Osaka/Kyoto/Hiroshima Institute of Invention and Innovation in July 2016)
  • “Seminar on the Amended Unfair Competition Prevention Act” (Patent Professional Corporation, MAEDA & PARTNERS in February 2016)
  • “2015 Revised Employee Invention System Seminar” (Midosuji LPC in January 2016)
  • “Science, Technology and Innovation; Entrepreneurship and Legal Work” (Graduate School of Business Administration, KOBE UNIVERSITY, in December 2015)
  • “Seminar on the Amended Unfair Competition Prevention Act ~ For Protection of Trade Secrets and Urgent Measures to be Taken ~” (Midosuji LPC in September 2015)
  • “The Commentary on the New Patent Opposition System ～Actual Practices～” (Research Institute of Economy, Trade and Industry, in May 2015)
  • “The Commentary on the New Patent Opposition System” (Research Institute of Economy, Trade and Industry, in August 2014)

Activities

  • Member of Licensing Executive Society JAPAN
  • Acting on behalf of Corporate Member of Japan Trademark Association
  • Member of Kansai Patent Attorneys Study Group
  • Member of Intellectual Property Lawyers Network Japan
  • Member of Intellectual Property Law Study Group Osaka Bar Association

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