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 10,000 yen(+tax) for the first hour and 5,000 yen(+tax) 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.
