It was reported that the Mito District Public Prosecutors Office Tsuchiura Branch decided not to prosecute a 61-year-old man who was arrested on suspicion of violating the Patent Law for selling patented piano shoes on a flea market app. This decision was made on March 29, 2024, but the reasons for the non-prosecution were not disclosed.
I would like to consider several points regarding this news.
First, in cases of suspected patent law violations (infringement of patent rights or exclusive licensing rights), it is usually common for the patent holder to assert their rights and seek resolution through civil litigation. It is relatively rare for such cases to be treated as criminal cases, which raises interest in the background of how this particular case developed into a criminal matter.
Next, there are notable points concerning the specific product, the patented piano shoes. For patent infringement to be established, it is crucial that the product in question falls within the scope of the patent claims. It would be interesting to know the technical details and whether the piano shoes sold by the man were deemed to fall within the patent’s scope, leading to his arrest.
Furthermore, the lack of disclosure regarding the reasons for the non-prosecution is also noteworthy. Possible reasons for non-prosecution could include insufficient evidence, low illegality, or a settlement with the patent holder, but since the detailed reasons have not been made public, we await further information disclosure.
News concerning patent law violations provides an opportunity to rethink the importance of the patent system, the protection of patent rights, and the appropriate exercise of those rights. Patent holders should take this as a good opportunity to review what measures are necessary to protect their rights.
Lastly, the fact that the man arrested on suspicion of patent infringement was not prosecuted could influence the criteria for future investigations and prosecutions concerning patent law violations. We hope that a balanced approach to the protection and proper exercise of patent rights will be maintained.
We will continue to focus on news and law revisions related to patents and strive to provide useful information to everyone.
