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Ayako Suga

Associate
Baker & McKenzie (Gaikokuho Joint Enterprise)

Biography

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 Legal 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.

Professional Associations and Memberships

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

Admissions

  • Japan (2007)

Education

  • Stanford Law School (LL.M., in Law, Science and Technology) (2013)
  • Keio University (LL.B.) (2006)

Languages

  • English
  • Japanese

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