Ayako Suga

Counsel

Intellectual Property

Professional Summary

Ayako Suga is a member of the Firm’s IP Tech group in Tokyo. Ayako is a native Japanese speaker and is fluent in English.

Practice Focus

Ayako focuses her practice on domestic and international IP protection, transactions and dispute resolution, data protection and utilization and IT business. She is particularly experienced in the negotiation and drafting of contracts for IP clearance in cross-border transactions and IT services.

Representative Clients, Cases or Matters

Intellectual property

Researched the trade secret protection legal regimes of seven countries — including Japan — and reported the results as part of the Ministry of Economy, Trade and Industry’s “2014 commissioned industrial and economic project (research and study regarding trade secret protection).”
Negotiated and drafted a wide array of domestic and cross-border IP agreements related to licensing, co-development, technology transfer, outsourcing of manufacturing and sales, franchising, IP assignment, software licensing and entertainment, etc.
Performed IP due diligence for several M&A transactions.
Advised on domestic and international trademark applications and appeals challenging examiner decisions on rejection, cancellation for non-use, co-existence agreements and other procedures and on anti-counterfeiting measures.
Represented a US company in patent litigation against a Japanese company.

Information technology

Negotiated and drafted agreements related to B2B IT services and drafted terms of use and privacy policies for B2C IT services and internal IT policies.
Advised on personal data protection, consumer protection, telecommunications, virtual currencies, gambling, expression and other regulations in relation to the global launch of online games.
Advised on the protection of customer data by financial institutions.
Advised on the Act against Unjustifiable Premiums and Misleading Representations and other regulations in relation to advertising campaigns.

Publications, Presentations and Articles

Publications

Co-editor, “Introduction to the Business Deployment of Japanese Food Companies in East Asia,” Society for Techno-innovation of Agriculture, Forestry and Fisheries, March 2010, Language: Japanese
Co-author, “Guidelines on Food Product Anti-counterfeiting Measures in East Asia,” Japan Food Industry Center (JAFIC), March 2010, Language: Japanese
Co-author, “State Immunity Legislation in Asia,” Bank of Japan, May 2009, Language: Japanese
Co-author, “Template English-language Confidentiality Agreement – Countermeasures against Unintended Transfer of Technology from the Japanese Food Industry to East Asia,” Japan Food Industry Center (JAFIC), March 2009, Language: Japanese

Articles

Co-author, “Protecting IP Licenses and Jointly Owned IP in the Age of COVID-19: Insolvency and Force Majeure Events under Japanese Law,” GRUR International, Volume 70, Issue 5, May 2021, Pages 463-485, German Association for the Protection of Intellectual Property and Copyright e.V, June 2021
Co-author, “Trade secret protection programs and practices in foreign countries: Discussing viable legal actions in the US, South Korea, China, Taiwan and Germany,” Business Law Journal, Lexis Nexis, May 2016, Language: Japanese
Co-author, “Flat-fee licensing system falls flat,” Intellectual Property Magazine, Informa UK PLC, 16 December 2013, Language: English
Co-author, “The Other Benefits of Trade for Japan,” Wall Street Journal, 12 December 2013, Language: English
Co-author, “Responsibility of Internet Shopping Mall Operators for Trademark Infringement,” Chizaiken Forum, Institute of Intellectual Property, February 2011, Language: Japanese
Co-author, “Vietnamese IP Law – Focusing on Enforcement of Trademark Rights against Counterfeiting,” JCA Journal, Japan Commercial Arbitration Association, February 2010, Language: Japanese
Co-author, “Trends in the Rapid Change of IP Practice in China – Analysis from Recent Patent and Trademark Court Cases,” The Lawyers, ILS Publications, Inc., June 2009, Language: Japanese

Presentation

Speaker, “Trade secret protection practice – based on court precedents within and outside Japan,” APPTraS 6th Open Seminar “How do companies protect trade secrets? Analysis of current facts and court precedents,” June 2017, Language: Japanese
Speaker, “Practice Area Workshop – Patent Exhaustion in Japan,” The 6th Annual In-House Congress Tokyo, December 2009, Language: English

Admissions

Japan (2007)

Professional Association and Memberships

Tokyo Bar Association – Member
Association for Promotion of the Protection of Trade Secrets (APPTraS) – Accounting Auditor
Inter-Pacific Bar Association (IPBA) – Member
Japan-China Lawyers Interaction Association – Member