Tomoji Yamada

Education / Work

• 1977 Graduated from Faculty of Law, University of Tokyo
• 1979-1993: Appointed as a judge, worked at the courts of Urawa, Toyama, Tokyo, and Tsuruga (Fukui Prefecture)
• 1993-1995 Public Prosecutor, Litigation Department, Tokyo Legal Affairs Bureau
• 1995-1997 Deputy Chief of the Litigation Department of the Tokyo Legal Affairs Bureau (in charge of administrative litigation, national property, and state compensation)
• 1997-2001 Judge of the Tokyo High Court (Intellectual Property Division)
• 2001-2009: Chief Judge of the Osaka District Court (served in the Intellectual Property Division, the Corporate Law Division, and the Administrative Litigation Division, etc.)
• 2009-2011 Chief of the Sakai Branch of the Osaka District and Family Court
• 2011-2012 Chief Judge of the Kochi District and Family Court
• 2012-2017 Chief Judge of the Osaka High Court (Intellectual Property Division, etc.)
• Notary Public 2017-2024
• June 2024: Joined Mimura and Komatsu Law Office

Affiliation/position, etc.

• Patent Attorney Examination Committee Member (Trademark Law) (2000-2001)
• Bar Examination Examiner (Civil Law) and Bar Examination Preliminary Examination Examiner (2017-2021)
• Member of the Patent Attorney Registration Examination Committee of the Japan Patent Attorneys Association (2018-2022)

Books and papers

• "Practical Guide to Litigation Related to Shared Real Estate: Practical Manual for Civil Litigation Related to Shared Real Estate" (Nihon Kajo Publishing, 2024) (edited and published)
  "Points to remember when writing a will and sample examples for each case" (Shinnihonhoki, 2022) (edited and published)
• "Points to remember when creating special will clauses for each case and model examples" (Shinnihonhoki, 2019) (edited and published)
• "The fifth requirement of the doctrine of equivalents: The Supreme Court ruling on Maxacalcitol and remaining issues" (Case Law Journal, 5)
• "Damage determination under Article 102, Paragraph 3 of the Patent Act" (Law & Technology No. 75, 2017)
• "Appellate Review and Proof of Claims" in "Issues in Contemporary Legal Practice" edited by the Japan Federation of Bar Associations (Dai-Ichi Hoki, 2016)
• "Litigation for Remuneration for Employee Inventions," included in "Revised Edition: Intellectual Property Litigation Practice" edited by the Intellectual Property Litigation Practice Research Group (Hosokai, 2014)
• "The Significance and Function of the Third Requirement of the Doctrine of Equivalents" (Intellectual Property Management, Vol. 3, No. 63, 5)
• "Tort Law as a Complement to Intellectual Property Law (Regarding Free Riding)" in "Towards the Development of an Intellectual Property-Based Nation" edited by Nobuhiro Nakayama et al. (Japan Institute of Invention and Innovation, 2013)
• "A case in which a bank's directors were found to have violated their duty of due care in relation to additional loans made by the bank to a borrower" (Shikoku Bank Dog Fighting Center case, commentary on the Supreme Court ruling of November 21, 11) (Case Law Times Special Issue No. 37, 32)
• "In principle, no one other than the company can assert invalidity on the grounds that the execution of important business operations by the representative director of a joint-stock company was not approved by a board of directors resolution." (Commentary on the Supreme Court ruling of April 29, 2010) (Case Law Times Special Issue No. XNUMX, XNUMX)
• "Application of Article 503, Paragraph 2 of the Commercial Code to Corporate Actions" (Commentary on the Supreme Court ruling of February 20, 2) (Case Law Times Special Issue No. 22, 25)
• "Domestic Exhaustion" in "Intellectual Property Lawsuits" edited by Toshiaki Iimura and Ryuichi Shitara (Seirin Shoin, 2008)
• "A case in which a significantly unfair method of issuing new shares was not deemed invalid" (Commentary on the Tokyo High Court ruling of March 19, 3) (Case Law Times Special Issue No. 29, 22)
• "Usually the Shape of Similar Products" (Top 2007 Cases in Trademarks, Designs and Unfair Competition, XNUMX)
• "Characteristics of Judgments in Patent Infringement Lawsuits" and "On the Main Provisions and Enforcement of Judgments in Patent Infringement Injunction Lawsuits, etc." in "Theories and Practice of Intellectual Property Law 2" edited by Toshiaki Makino et al. (Shinnihonhoki, 2007)
• "A case in which a director was not found to have breached his duty of care in deciding not to enforce or collect the company's debts" (Commentary on the Tokyo High Court ruling of December 16, 12) (Case Law Times No. 21, 1245)
• "Current Status and Analysis of Intellectual Property Litigation in the Osaka District Court" (Financial and Commercial Case Law No. 1236, 2006)
• "A case in which an accident in which an insured person's death occurred due to the artificial respirator being dislodged when the backrest of the bed was reclined to perform an electrocardiogram test was found not to be an 'injury caused by medical treatment' that is exempt from liability under the accident insurance policy" (Commentary on the Tokyo High Court ruling of July 16, 7) (Case Law Times No. 13, 1215)
• "Confusion over Products and Business Entities" and "Misappropriation of Famous Marks" in "Practice of Unfair Competition Lawsuits" edited by Kazuo Komatsu (Shinnihonhoki, 2005)
• "A case in which a representative director who, under an agreement with one shareholder of a corporation, was not involved in the duties of a director at all, was found not to have any duty of care or duty of supervision with respect to the company to that extent" (Commentary on the Tokyo High Court ruling of September 15, 9) (Case Law Times No. 30, 1184)
• "About Expert Committee Members: A System for Building Expert Committee Members" (Case Law Times No. 1190, 2005)
• "A case in which a general contractor that had incurred huge losses was found to have violated its duty of due care in making political donations" (Commentary on the ruling of the Fukui District Court, February 15, 2) (Case Law Times No. 12, 1154)
• Minoru Takeda and Noriaki Nagai (eds.), "Practice and Legal Principles of Litigation to Cancel Patent Decisions" (Japan Institute of Invention and Innovation, 2003) (co-author)
• "When a shareholder who has requested approval of the transfer of shares restricted by the articles of incorporation and designation of the transferee may revoke that request" (Case Law Times No. 1125, 2003)
• "A case in which it was determined that there was no lack of specific documents to be included in a petition for a document production order" (Supreme Court commentary on the decision of February 13, 2) (Case Law Times No. 22, 1096)
• "A case in which it was determined that the viewing and copying of the minutes of a board meeting in which the directors' retirement benefits and reductions in executive compensation and bonuses were discussed in order to determine the amount of a shareholder's claim in a derivative lawsuit against the directors was not considered to be 'necessary for the exercise of the shareholder's rights' as stated in Article 260-4, Paragraph 4 of the Commercial Code" (Osaka District Court commentary on the decision of April 12, 4) (Case Law Times No. 28, 1096)
• "The 'risk of infringement' in claims for prevention of patent infringement and the 'actions necessary for prevention' in claims for destruction" (Case Law Times No. 1062, 2001)
• "Similarities of Designs" in "New Judicial Practice System 4: Intellectual Property Litigation" edited by Toshiaki Makino and Toshiaki Iimura (Seirin Shoin, 2001)
• 「商法280条の5の2により新株引受権を有する株主に対し同法280条の5第1項に規定されている割当の通知をせずに行われた新株発行が無効とされた事例」（東京高裁平成12年8月7日判決の評釈）（判例タイムズ1065号、2001年）
• Hirokata Minami and Shigeru Takahashi (eds.), “Annotated Administrative Procedures Law” (Daiichi Hoki, 2000) (co-author)
• "Rights Acquisition Decision" in "Court Practice Series 29: Lawsuits Related to Public Use Charges and Building Standards" edited by Tetsuhiro Nakano and Toshiaki Iimura (Seirin Shoin, 2000)
• "Invalidity of Taxation Dispositions," in Modern Judicial Law Series 29 Tax Litigation, edited by Toshiaki Takakin (Shinnihonhoki, 2000)
• "Illustrated Guide to Inheritance and Case Studies" (Shinnihonhoki, 1998 to present) (Chief author of inheritance tax-related articles)
• And many others