【Research Center for the Legal System of Intellectual Property】

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RC Motoki Kato

is the philosophy of the high school which I graduated from. In the schoolyard, there is a stone monument on which this phrase is craved. The phrase means that "if upon self-examination I find that I am right, I will go forward against tens of millions". I found out later that this phrase was by Mencius.

Although I remember the long school song, which has the 18 verses, only in fragments, the phrase is etched into my mind in addition to the other philosophy "simplicity and fortitude". So when I come across the cases embodying the phrase, I cannot keep from acclaiming.

The attitude of the Tokyo District Court was one of the good examples. Despite the fact that the Supreme Court reversed and remanded the decisions repeatedly, the Tokyo District Court kept giving a decision to conclude that the examination scope should be limited in the suit to cancel a trial decision. Finally, the Tokyo District Court made the Supreme Court grand bench change their decision. In my personal view, I somewhat disagree about the part that the scope should be limited in the suit to cancel a trial decision between interested parties. Apart from that, I give applaud the Tokyo District Court's firm attitude against the Supreme Court.

However, there should be "self-examination". In some cases, the latter part "I will go forward against tens of millions" is only cited. It seems inappropriate because going forward against tens of millions without self-examination means being mere selfish arrogance. Also, among academics, it is rather taken for granted that "if upon self-examination I find that I am right, I will go forward against tens of millions." Being opportunistic is not appropriate in such cases. It is important to conduct a complete examination to reach the mind attitude of "going forward against tens of millions" as much as possible, upon observing subject closely and listening humbly to other opinions. That is what "self-examination" means in my view.

Looking back on myself, it is difficult to answer to the question if the self-examination is sufficient as an academic person. But I would like to keep such sprit with the phrase of "if upon self-examination I find that I am right, I will go forward against tens of millions".