How to apply for an Advisory Opinion?

The applicant shall submit one original copy of a written application for a Center's Advisory Opinion, with the number of duplicates equal to the total number of respondents and panelists, and shall present such application and duplicates at the reception window of the Japan Intellectual Property Arbitration Center.

The written application for an Advisory Opinion shall include the following items.

1. the name (or title, hereinafter, the same), domicile (or residence, hereinafter the same), and contact information (telephone number, fax number, e-mail address) of the applicant, and name of the applicant's representative if the applicant is a juridical person;
2. the name and domicile of the respondent, and name of the respondent's representative if the respondent is a juridical person;
3. the names, domiciles, and contact information (telephone numbers, fax numbers, e-mail addresses) of agents, if any;
4. the gist of the application;
5. the grounds for the application; and
6. identify whether the applicant requests a unilateral opinion or a bilateral opinion.

The following attachments are necessary for an application for an Advisory Opinion.

1. the certificate of qualification for the applicant's representative if the applicant is a juridical person;
2. the certificate of qualification for the respondent's representative if the respondent is a juridical person;
3. the document which proves an agent's representative capacity, if an agent has been appointed;
4. where a bilateral opinion is requested, a document which indicates the applicant's preference in a situation where the respondent refuses to attend proceedings, thus, whether the applicant will request a unilateral opinion or prefers to withdraw its application;
5. documentary evidence; and
6. duplicates of documentary evidence (the number of duplicates shall be the sum of the number of respondents and panelists).

The documents as set forth in (1) and (2) above are available at the Legal Affairs Bureau which exercises jurisdiction over the relevant company according to its address. Please prepare those issued within three months.

As for formats and samples, please see the following "4.7 Formats and Samples for Advisory Opinion Proceedings." If you have any questions, do not hesitate to contact the secretariat. (Samples are in the process of being created. Thank you for your patience.)