On May 21, 2026, amendments to the JPO’s trial and appeal procedures came into force following the 2022 revision of Japan’s Code of Civil Procedure. Importantly, the new rules apply not only to newly filed matters, but also to all cases pending before the JPO as of the effective date.
The amendments modernize evidentiary procedures and expand the use of digital tools in JPO proceedings. Key changes include the following:
🔹 Electronic Evidence
The JPO now expressly recognizes electronic records — including digitized documents, video files, and audio files — as admissible evidence.
In practice, however, the filing method remains relatively conservative. Electronic evidence must still be submitted via physical media such as CD-Rs or DVD-Rs, and the examination procedures largely follow the traditional framework applicable to documentary evidence.
As a result, parties may continue existing practices for submitting trademark gazette, webpages, emails, images, videos, and audio recordings.
🔹 Expansion of Web Conference Procedures
The amendments significantly expand the use of web conferences in JPO proceedings.
Witness examinations and expert testimony may now be conducted remotely from a broader range of locations, subject to procedural safeguards similar to those applicable to remote oral hearings.
The reforms also introduce:
• remote inspections conducted through web conference systems; and
• participation of interpreters via web conference (or by telephone conference where necessary).
These developments reflect the JPO’s continued movement toward more flexible and digital-friendly proceedings.
🔹 Changes to Hearing Records
The revised rules also strengthen procedural transparency regarding hearing records.
Where a party objects to the contents of a hearing record, the objection itself and its substance must now be recorded by the trial clerk.
In addition, obvious clerical or calculation errors may be corrected either upon request or ex officio at any time.
Another notable development is the formal recognition that video and audio recordings may be incorporated into hearing records through electronic recording media. In some cases, recorded audio or video testimony may even replace written descriptions in the official record.
🔹 Simplification of Witness and Expert Oaths
The traditional requirement for witnesses and expert witnesses to sign written oath documents has, in principle, been abolished.
Under the new rules, oral administration of the oath will generally suffice, although written oaths remain available where special circumstances prevent oral recitation.
These amendments are another example of Japan’s gradual but steady modernization of administrative adjudication procedures, particularly in relation to digital evidence and remote participation.
For practitioners involved in JPO litigation and appeals, understanding these procedural updates will be increasingly important in managing evidence and hearings effectively.
