How to apply for mediation?

One party shall submit one original copy of a written application for mediation as an applicant, with the number of duplicates equal to the total number of respondents and mediators, and shall present such application and duplicates at the reception window of the Japan Intellectual Property Arbitration Center.

The written application for mediation shall include the following items.

1. the names (or titles, hereinafter, the same), domiciles (or residences, hereinafter the same), and contact information (telephone numbers, fax numbers, e-mail addresses) of the parties, and names of the parties' representatives if the parties are juridical persons;
2. the names and domiciles of agents, if any;
3. summary of the dispute;
4. the gist of the resolution for which the application is made; and
5. where the applicant has a preference for the number of the mediators, one or three, such preference must be stated.

The following attachments are necessary for the application for mediation.

1. the certificate of qualification for the applicant's representative or the respondent's representative, if either or both of them are juridical persons;
2. the power of attorney if an application is made by an agent;
3. documentary evidence such as a patent publication or a trademark publication, etc., which indicate the scope of the rights which have become the basis for the dispute;
4. documentary evidence other than those as provided in (3) above; and
5. duplicates of documentary evidence as provided in (3) and (4) above (the number of duplicates shall be the sum of the number of respondents and mediators).

The documents as set forth in (1) 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.

Please submit the documents as set forth in (1), (2), and (3) at the same time as application submission, and the documents as set forth in (4) and (5), either at the same time as application submission or promptly after the respondent's representation of its intention to attend the mediation proceedings, respectively.

As for formats and samples, please see the following "2.7 Formats and Samples for Mediation Proceedings."vIf you have any questions, do not hesitate to contact the secretariat.