Consultation
Outline of Consultation
The Center now provides a "Consultation Record" service!
This Center provides consultation for intellectual property disputes by one attorney-at-law or one patent attorney, or both an attorney-at-law and an patent attorney. Consultation shall be conducted at a location which this Center designates, such as a conference room of this Center, by an attorney-at-law and/or a patent attorney, including mediator, arbitrator, and panelist candidates, as well as assistant mediator, arbitrator, and panelist candidates.
In the case where consultation is conducted by one consultant, a consultation fee of 10,500 yen for the first hour and 5,250 yen for each additional 30 minutes shall be assessed. In the case where consultation is conducted by two consultants in total, that is, one attorney-at-law and one patent attorney, the consultation fee above shall be increased by 80%. If consultation is not completed during the relevant consultation session for whatever reason, such as lack of time or lack of the relevant materials, and if a client desires, the consultation can be continued by the consultant who in charge of such consultation.
Upon a client's request, a "consultation record," which includes a brief summary of the content of such consultation, as well as answers provided, shall be created and furnished to the client.
When a company makes a business judgment concerning intellectual property, it sometimes faces difficulty due to lack of information on which to base a decision. For example, there might be a situation where a company does not need an expert's written opinion, but would like to gather more information or explore an idea about such through asking simple questions in an unfamiliar intellectual property dispute. In such cases, a "consultation record" might be a preferred approach and help with creating internal explanatory materials based on this, and also assist in preparing for the management's business judgment.
* In this sample, there are descriptions of technical contents as in a simple decision; however, please note that this is merely one sample and may not be descriptive of individual cases. If a client has no experience with intellectual property disputes, and has uncertainty about the case where a dispute evolves into a lawsuit, consultants can also describe how to respond to the lawsuit through a consultation record.
Please note that if you request a consultation record, there is a drafting fee of 52,500 yen for each consultation record, in addition to a consultation fee of 10,500 yen (18,900 yen in the case of two consultants) per hour for oral consultation.
In the case where consultation is conducted by two consultants, each consultant can create a separate consultation record; thus, two in total. Generally speaking, a company will often consult more than one expert in order to decrease risks in a difficult case which may be divisive and/or inconclusive even for experts. At this Center, all of this can be done at once and according to the same procedures.
Consultation Fee
| Number of Consultants | Consultation Fee | Extra Fee | Consultation Record Drafting Fee |
|---|---|---|---|
| One Consultant | 10,500 yen (tax included) | 5,250 yen / 30 minutes | 52,500 yen for each consultation record |
| Two Consultants | 18,900 yen (tax included) | 9,450 yen / 30 minutes |
If it is a client's wish to entrust a consultation case to a consultant, the consultant can generally undertake such case. If a client wishes to entrust such case to other attorneys-at-law and/or patent attorneys, this Center's steering committee can introduce attorneys-at-law and/or patent attorneys to the client. Provided however, please note that the consultant has full responsibility for disputes arising out of such consultation or cases subsequently entrusted to consultants or other attorneys-at-law and/or patent attorneys, and this Center has no responsibility for such consultation cases.
How to apply for consultation?
Consultation requires an advance reservation. A consultation date will be arranged after two business days from the date of application receipt by the secretariat. Consultation hours are generally from 10:00 to 12:00 and from 13:00 to 16:00, Monday to Friday. (Except national holidays.)
If you would like to apply for consultation, please fill out an application form and forward the completed form to the secretariat of Japan Intellectual Property Arbitration Center by either fax or e-mail.
» Application Form (word file format)
Secretariat of Japan Intellectual Property Arbitration Center
TEL：03-3500-3793
FAX：03-3500-3839
E-mail：info@ip-adr.gr.jp
Implementation Guideline for Consultation Business
For more details the consultation business, please refer to the Implementation Guidelines for Consultation Business.
If you have any questions, please contact us.
JIPAC Implementation Guidelines for Consultation Business
1. Purpose
These guidelines are designed for the purpose of conducting consultations by attorneys-at-law and patent attorneys cooperatively, with respect to disputes relating to intellectual property, and also with the aim of properly responding to social needs in connection with intellectual property issues.
2. Consulting Hours
Generally held, Monday to Friday. (Except national holidays)
10:00 am - 12:00 pm, 13:00 pm | 16:00 pm
3. Consultation Location
The Japan Intellectual Property Arbitration Center (hereinafter, the "Center") shall designate consultation location.
4. List of Consultants
（1）Consultants shall be delegated by the steering committee of the Center (hereinafter, the "Steering Committee") from among attorneys-at-law and patent attorneys, including mediator and arbitrator candidates as well as assistant mediator and arbitrator candidates.
（2）Consultants shall be listed on the consultant list (hereinafter, the "List").
（3）The List shall be amended every three years.
5. Receipt
（1） Consultation shall require an advance reservation, and shall be conducted during consulting hours on the day following the date of receipt.
（2） Reservations shall be made at the secretariat from 10:00 am to 12:00 pm and from 13:00 pm to 16:00 pm on weekdays.
（3） When the secretariat receives a reservation, it shall confirm the client's preference as provided in Article 6, Paragraph (2), and promptly designate the date and hour for the consultation.
6. Consultation
（1） Consultation shall be provided in order to resolve or prevent disputes relating to intellectual property.
（2） Consultation shall be conducted by one attorney-at-law or one patent attorney, or by one attorney-at-law and one patent attorney cooperatively, who is / are listed on the List, taking into consideration a client's preference.
（3） A consultant shall prepare a consultation report, and submit it to the secretariat promptly after termination of consultation.
（4） In cases where a client requests that the consultant create and deliver to it, a consultation record, a consultant shall do so except in the case where a consultant considers it improper, considering the nature of the consultation. The scope, elaboration, and other details of the matters to be described in a consultation record shall be decided through discussion between client and consultant.
（5） In cases where consultation is conducted by two consultants cooperatively, a client may request that separate consultation records be created and delivered by each consultant, with respect to the same consultation.
7. Consultation Fee
（1） Consultation fee shall be 10,500 yen for the first hour and 5,250 yen for each additional 30 minutes shall be assessed, in cases where consultation is conducted by one consultant.
（2） In cases where consultation is conducted by two consultants, the amount of (1) shall be increased by 80%, respectively.
（3） For the creation and delivery of a consultant record as provided in Article 6, Paragraph (4), a consultant record drafting fee of 52,500 for each record shall be added to the consultant fee of (1) or (2).
8. Continued Consultation
（1） At the client's request, a consultant may continue the consultation in cases where the consultation has not been completed on the relevant consultation date for whatever reason, such as lack of time, lack of relevant materials, etc.
（2） The location and consultation fee for the continued consultation shall be as provided for in Articles 3 and 7, respectively.
9. Direct Entrustment
（1） In cases where a client wishes to entrust a consultation case to a consultant, the consultant can directly undertake such case as its own (except the director and vice director of the Center, the chairperson and vice chairperson of the Steering Committee, and Center case managers). In these cases, the consultant shall execute a written contract which clearly indicates the terms and conditions of consultation entrustment, submit a duplicate thereof to the Center, and report the subsequent progress and result to the Center from time to time.
（2） In cases where a client wishes to entrust a consultation case to other attorneys-at-law and/or patent attorneys, the Steering Committee may introduce attorneys-at-law and/or patent attorneys to the client.
10. Responsibility of Consultant
A consultant shall have full responsibility for disputes arising out of consultation or cases subsequently entrusted to consultants or other attorneys-at-law and/or patent attorneys, and the Japan Intellectual Property Arbitration Center shall have no responsibility for such consultation cases.
11. Training
Those whose names appear on the List shall attend seminars run by the Steering Committee, and shall make efforts to cultivate knowledge with respect to development in the field of intellectual property.
12. Disbursement
A consultant shall disburse to the Center an amount equivalent to ten percent of the consultation fee under Articles 7 and 8, and of remuneration in the case where it undertakes a case under Article 9.
13. Any matters not stipulated in this guideline shall be provided by the Steering Committee.
Supplementary Provisions
This guideline shall come into force effective April 1, 2000.
Supplementary Provisions
This amended guideline shall come into force effective March 2, 2004.
Supplementary Provisions
This amended guideline shall come into force effective January 9, 2007.
