Masabumi Suzuki

Title: Professor, Nagoya University Graduate School of Law, JAPAN

E-mail Address: msuzuki(at)law.nagoya-u.ac.jp

Education:          LL.B., Tokyo University (1981)    LL.M., Harvard Law School (1986)

Areas of Interest: Intellectual Property Law, International Trade Law

Employment History:
1981 - 2002: Official, Ministry of International Trade and Industry (MITI)
1992 - 1994: Legal trainee, the Legal Research and Training Institute of the Japanese Supreme Court
1995 - 1998: Director of North American Trade Policy Planning, Trade Policy Bureau, MITI
1998 - 1999: Visiting Fellow, Brookings Institution (Washington, D.C., U.S.)
1999 - 2001: Director, Office of Intellectual Property Policy, MITI
2001 - 2002: Director, Office of Trade Policy Review, Multilateral Trade Policy Department, Ministry of Economy, Trade and Industry (METI)
April 2012 - March 2014: Vice-Dean & Director of the Program for Legal Practice, Nagoya University Graduate School of Law
April 2018 - March 2020: Dean, Nagoya University Graduate School of Law
April 2002 - Present: Professor, Nagoya University Graduate School of Law

Teaching Experiences:
2017 - 2022: Visiting Lecturer, Maastricht University, School of Law, the Netherlands
2021: Visiting Professor, National Taiwan University, School of Law, Taiwan

Membership:  
National Councils
Subdivision on Copyright, the Council for Cultural Affairs (Deputy-Chair, April 2017-March 2022)

Academic Associations
Japan Association of Industrial Property Law (Executive Committee member since 2006)
Copyright Law Association of Japan (Executive Committee member since 2016)
Japan Association of International Economic Law (Executive Committee member since 2009)
International Literary and Artistic Association of Japan

Foreign Institutions
International Advisory Board, Thai Arbitration Institute, Office of Judiciary,Thailand

Journal
Member, Editorial Board, GRUR International (Oxford University Press)


Bar
State of New York Bar
American Bar Association


Major Publications: See a complete list.
Books
Reactive Instruments of Social Governance (Mohr Siebeck, 2019) (co-editor with Professor Alexander Bruns)
Patent Remedies and Complex Products: Toward a Global Consensus (Bradford Biddle et al., Cambridge University Press, 2019) (co-author)
Preventive Instruments of Social Governance (Mohr Siebeck, 2017) (co-editor with Professor Alexander Bruns)
Realization of Substantive Law through Legal Proceedings (Mohr Siebeck, 2017) (co-editor with Professor Alexander Bruns)
Commentary on Trademark Act (Lexis-Nexis Japan, 2015) (co-editor; in Japanese)
Realization of Collective Interests of Consumers and Roles of Law (Shoji-houmu, 2014) (co-editor; in Japanese)

Articles
"Recent Trends Concerning Article 102 of the Japanese Patent Act - Court Judgments and Law Amendments Relating to Calculation of Damages for Patent Infringement -", 51(1) Patents and Licensing 8 (2021)
"Reflections on International Aspects of the Protection of Trade Secrets", 49 (6) Patents & Licensing 8 (2020)
"Asian case law and global experiences: Japan", in SEPs, SSOs and FRAND: Asian and Global Perspectives on Fostering Innovation in Interconnectivity (Kung-Chung Liu & Reto HIlty eds., Routledge, 2019) 191-211
"Internet Intermediary Held Liable for Reproduction through Command by Its User in Japan" in Annotated Leading Copyright Cases in Major Asian Jurisdictions (Kung-Chung Liu ed., City University of Hong Kong Press, 2019) 26-38
"Justifiability of Parallel Import and Trademark Infringement by Imports Produced in Breach of a Licensing Agreement", in Annotated Leading Trademark Cases in Major Asian Jurisdictions (Kung-Chung Liu ed., Routledge, 2019) 155-164

"Enforcement of FRAND-encumbered SEPs," in Annotated Leading Patent Cases in Major Asian Jurisdictions (Kung-Chung Liu ed., City University of Honk Kong Press, 2017) 241-261.
"Pursuit of Pro-innovation Patent Proceedings - Recent Experience of Japan, " in Realization of Substantive Law through Legal Proceedings (Alexander Bruns & Masabumi Suzuki eds., Mohr Siebeck, 2017) 83-91.

“International Norm Setting and Its Localization on Intellectual Property,” 19 Quarterly Jurist 37 (2016) (in Japanese)

"International Investment Agreements, Intellectual Property Rights and Public Health," 261Nagoya Univ. Journal of Law & Politics 1 (2015).
"Domestic Measures for Public Health Policy and International IP/Trade Law-The Case of the Australian Plain Packaging Act-," 247 Nagoya Univ. Journal of Law & Politics 1 (2012).
"Non-Violation Complaints under the TRIPS Agreement," 245 Nagoya Univ. Journal of Law and Politics 37-55 (2012) (in Japanese)
"IP Provisions in TPP," 1443 Jurist 36-41 (2012) (in Japanese)
"Patent Enforcement in Japan," 3 Zeitschrift für Geistiges Eigentum/Intellectual Property Journal 435-474 (2011) (co-author with Professor Yoshiyuki Tamura)
New Commentaries on Patent Act (Seirin Shoin Pub., 2011) (co-author) (in Japanese)
"Bio-Diversity and IP," 1409 Jurist 21-29 (2010) (in Japanese)
"How to Deal with Disputes over the Validity of Patents in Patent Infringement Litigation : An Analysis Focusing on the Treatment of Assertions related to Corrections of Patents," 227 Nagoya University Journal of Law and Politics 109 (2008) (in Japanese)
"Assessment and Prospects of Intellectual Property Rights Provisions in RTAs," RIETI Discussion Paper 08-J-005 (Research Institute of Economy, Trade and Industry, 2008) (in Japanese)
"Intellectual Property Rights under the WTO Regime," 205 Nagoya University Journal of Law and Politics 1 (2004) (in Japanese)
"Intellectual Property Law and Public Interest" in Tae-Chang Kim and Yasuo Hasebe (eds.), Law and Public Philosophy (Univ. of Tokyo Press, 2004) (in Japanese)
Domain Name Disputes, with Keita Sato, Kazuko Matsuo, et al. (Kobun-do, 2001) (in Japanese)
"Toward Constructive International Trade Dispute Resolution," the Brookings Institution CNAPS Working Paper (1999)
"The History and Significance of the U.S.-Japan Photographic Film Dispute", 644 NBL 18, 646 NBL 44, 650 NBL 56 (1998) (in Japanese)
"Comparative Study of the American and Japanese Policies Concerning Cooperative R&D," MIT Japan Science and Technology Program Working Paper 86-00 (1986)

Additional Information:
Professor Suzuki was admitted in the New York Bar in 1986. While he worked in the government, he was involved in trade disputes with North American countries and handled WTO disputes including such as U.S.-Automobiles and Japan-Photographic Film cases. In the government, he also worked on IP policy, and one of his tasks then was to draft a bill to amend the Unfair Competition Prevention Act. He has an experience of sitting as an arbitrator in an ICC arbitration case in 2006. He served as a Council Member of the Japan Association of International Economic Law and the Japan Association of Industrial Property Law. He is on the indicative list for panelists at the WTO Dispute Settlement Body (a Japanese government nominee as a non-governmental panelist for the WTO).