Estados Unidos de América
Derecho de autor y derechos conexos
[Follow-up question] Please describe the extent to which ex parte injunctive relief is available in Japan. For example, under what circumstances is a rightholder in a computer program that suspects a company is using copies of that program without its authorization able to request an ex parte search and seizure order from the court, and to have that order executed? If this procedure is available, how often is it invoked and how long does it take? Our companies have indicated that it can, on occasion, take months or even years; is this accurate?
(i) As for ex parte injunctive relief, the Code of Civil Preservative Procedures provides for "provisional orders regarding objects concerned" and "provisional orders deciding a provisional status" as provisional measures which courts may order. (ii) The provisional order regarding objects concerned may be issued where a court concludes there is a possibility that the applicant would not be able to exercise, or would come to face extreme difficulties in exercising, its right because of a change in the situation of such objects (Article 23.1 of the Japanese Code of Civil Preservative Procedures). It is not always necessary for the court to give an opportunity to the adverse party to present its opinion prior to the issuance of provisional order. (On the other hand, a court shall hold a hearing which both parties concerned may attend before the court renders decision of injunction as the final measure.) (iii) The provisional order deciding a provisional status may be issued where a court concludes that such an order is necessary for avoiding extreme damage or imminent danger which the applicant would suffer regarding the legal relations at issue (Article 23.2 of the Japanese Code of Civil Preservative Procedures). In principle, the court shall hold a hearing or interrogation which the adverse party may attend prior to the issuance of the order. However, where the court considers it would be impossible to accomplish the purpose of the request for the provisional order if it held such a hearing or interrogation, the court may issue the provisional measure without holding the hearing or interrogation (Article 23.4 of the Japanese Code of Civil Preservative Procedures). (iv) As for the number of cases in which injunctive relief is requested based on copyright, and the length of time necessary to complete the procedures, statistics are not available, and we do not have specific figures. However, it is our recognition that this system is functioning well.