Eiji TOMIOKA

Present Status

Legal Section

Present Post

Partner of Nakamura & Partners
Attorney at Law and Patent Attorney

Main Practices

General Corporate Legal Affairs, Commercial Transaction, Contracts; Intellectual Property Law; Litigation, Arbitration, Dispute Solutions; International Transaction Law

Languages

Japanese and English

Education and History

Graduated from Faculty of Economics, The University of Tokyo (B.A. Economics);
Passed the BAR Examination in 1976;
Graduated from the Legal Training Institute in 1979;
District Court Judge from 1979 to 1993;
Registered for The Japan Federation of Bar Associations and Daini Tokyo Bar Association in 1993;
Joined Nakamura & Partners in 1993;
Outside Corporate Auditor of Fujirebio Ltd. From 1995 to 2001;
Registered for Japan Patent Attorneys Association in 1997;
Partner of Nakamura & Partners in 1998;
Commissioner for National Bar Examination from 2000 to 2002;
Instructor of Faculty of Contemporary Law, Tokyo Keizai University from 2001 to 2004;
Commissioner for National Bar Examination (the second-stage examination) in 2004;
Instructor of Graduate School of Contemporary Law, Tokyo Keizai University from 2004 to 2005;
Instructor of Waseda Law School from 2005 to 2008;
Visiting professor of Waseda Law School in 2008;
Senior Counselor for Appeal Examination of JPO in 2008

Membership and Activities

Daini Tokyo Bar Association (1993-)
  Chairman of Research Committee on the Judicial System (1999-2000)
  Chairman of Committee for Civil Procedure Improvement (2003-2004)
The Japan Federation of Bar Associations (1993-)
The Copyright Law Association of Japan (1993-)
Japan Association of Industrial Property Law (1996-)
Japan Patent Attorneys Association (1997-)
Japan Bar Association (2000-)
Japan Trademark Association (2000-)
  Director (2005-)
COE Intellectual Property Law Study Conference, The University of Tokyo (2004-)
Copyright Law Study Conference, The University of Tokyo Faculty of Law (2005-)
Intellectual Property Lawyers Network (2005-)
Japan Law Foundation (2006-)

Main Articles

"Practical Advice regarding 'Unfair Competition Prevention Law'" by Commercial Law Center (1989)
"Practical Advice regarding 'Industrial Property Laws'" by Commercial Law Center (1994)
"Appointed Party", "Simultaneous Proceeding", Manual for Practice of New Code of Civil Procedure by Hanrei Times (1997)
"Finding of Negligence with respect to Infringement of Utility Model Right" - Code of Legal Procedure in connection with Intellectual Properties, Judicial Practice Series Vol. 27 by Seirin-Shoin (1997)
"Type of Litigation", "Applied Art, Right to Commercialization, Character" - Intellectual Property Rights, Defense in Civil Case and Judicial Practice Vol. 8 by Gyosei (1998)
"Trademark Rights, Utility Model Rights, Copyright and Parallel Imports" [Intellectual Property Rights], Practical Litigation Law Series Vol. 26 by Shinnippon-Hoki (1999)
"Commentary on Key Judicial Precedents", Hanrei Times Nos. 1036, 1065, 1096, 1125, 1154 and 1184 by Hanrei Times (1999-2004)
"Intellectual Property Rights Dictionary" [Member of Editorial Board] by Sanseido (2001)
"Gist of Claim and Material Fact", Textbook-4 of Training for Specially Qualified Attorneys for Infringement Litigation by Patent Office/Japan Patent Attorneys Association (2003)
"Collection of Outline of Judicial Precedent in connection with Intellectual Property Rights" by Shinnippon-Hoki (2003)
"Concise Terminological Dictionary of Legal Science" by Sanseido (2003)
"89 - Expiration of Life of Patent and Benefit of Action seeking Prohibition of Patent Infringement", The 100 Patent Precedents [the 3rd edition], Jurist -Additional Volume No.170 by Yuhikaku (2004)
"Legal relations created in a case of a patent infringement committed jointly by two or more persons (Relationship with indirect infringement in a case of seeking an injunction based on the patent infringement)", Theory and Practice of Intellectual Property Laws, Vol. 1 (Patent Law [I])by Shinnippon-Hoki (2007)
"76 Defense of Prior Use (Article 19, paragraph 1, item 3 the Unfair Competition Prevention Act)", Jurist Separate Vol. 188, 100 Selected Decisions of Trademark, Design and Unfair Competition by Yuhikaku (2007)
"(Patent-14) Expiration of patent term and standing to seek on injunction of patent infringement", Commentaries to the Supreme court's Precedents regarding Intellectual Property Law I by Seirin-Shoin (2009)

Main Lectures

"Special Training concerning Practice of Intellectual Property Law", Japan Law Foundation (2006)
"Panel Discussion about 'Inventive Step regarding an Invention'", Japan Patent Attorneys Association (2005, 2006)
"Aspects of Patent Infringement - Working a part of Process Invention by a Third Party", COE Intellectual Property Law Study Conference, The University of Tokyo (2005)
"Training Course [Latter Term] for Newly Registered Patent Attorneys: Code of Civil Procedure", Japan Patent Attorneys Association (2005)
"The 4th CPD Workshop: Contract Problem which may be encountered in Technology Consulting", Institution of Professional Engineers, Chiba Prefecture (2003)
"Training for Specially Qualified Attorneys for Infringement Litigation", Japan Patent Attorneys Association (2002-2007)
"Workshop for Patent Attorney's Practice", Japan Patent Attorneys Association (2001-2002)
"The 4th Special Common Exercise of Civil Affairs [Latter Term]: Patent Infringement Litigations", Legal Research and Training Institute (2000-2002)
"Extraordinary Workshop in the year 1999: Points to notice in Recent Patent Litigation Practice", Japan Intellectual Property Association (2000)
"Extraordinary Workshop in the year 2000: Measures for Business Process Patent", Japan Intellectual Property Association (2000)
"Lecture on Intellectual Property Right: Demands for Trial before the Patent Office and Cancellation of Decision of the Patent Office at a Court", Japan Institute of Invention and Innovation (1999, 2000)
Kanto E1 Course of Japan Intellectual Property Association (1995-)
"Training Course for Newly Registered Patent Attorneys", Japan Patent Attorneys Association (2005-)
Trial Examiner course of National Center for Industrial Property Information and Training (2007-)
"Judgment training in connection with patent and utility model", Japan Patent Attorneys Association (2009)