legal and institutional frameworks on intellectual propertyjapan patent office (jpo) 1 1. overview...
TRANSCRIPT
Japan’s Experience in Establishing Legal and Institutional Frameworks
on Intellectual Property
Koichi Matsushita Director, International Cooperation Division Japan Patent Office (JPO)
1
1. Overview of JPO
2. Legal and Institutional Frameworks of
Japanese IP Policy
Agenda
2
1. Overview of JPO
特許庁
Japan Patent Office
Patent and Design Examination
Department
Policy Planning and Coordination
Department
Trademark and Customer
Relations Department
Patent Examination Department
(Mechanical Technology)
Patent Examination Department (Chemistry, Life Science and
Material Science)
Patent Examination Department
(Electronic Technology)
Trial and Appeals Department
1. Granting industrial property (IP) rights
2. Establishing initiatives on IP
3. Promoting international harmonization and
assistance to developing countries
4. Reviewing the IP rights system
5. Supporting SMEs and universities
6. Improving information services on IP
Roles of JPO
Small and Medium Enterprise Agency
Agency for Natural Resources and Energy
1.1 Organization and Role
3
1.2 Number of Patent Applications and Personnel
320,000 Patent Applications(CY2015)
Personnel
Total: 2,821 employees (FY 2016)
Number of Patent Applications
Source: “2016 Japan Patent Office Annual Report” (JPO)
Patent examiners; 1 702
Design examiners; 48
Trademark examiners; 137
Administrative Judges; 383
Office workers; 534
Including
approx.500
fixed-term examiners
0
50000
100000
150000
200000
250000
300000
350000
400000
2011 2012 2013 2014 2015
Patent Application (left axis)
4
2. Legal and Institutional
Frameworks of Japanese IP Policy
5
2000~
2.1 History of IP system in Japan
1884 Trademark Act enacted
1885 Patent Act enacted
1886 Original JPO
established
1888 Design Act enacted
1950~ 1900~ 1880~
1899 Accession to the
Paris Convention
1959 Trademark Law enacted
Patent Law enacted
Design Law enacted
1971 Patent Law amended (System of the 18
month early publication of Patent Application)
1978 Accession to the PCT
1990 First electronic applications
in the world are accepted
1999 Accession to the
Protocol Relating to the
Madrid Agreement
2003 Establishment of
Intellectual Property
Strategy Headquarters
2015 Accession to the
Hague Agreement
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2.2 Growth of Patent Application & GDP
GDP of Japan Domestic Applications to JPO
0
100000
200000
300000
400000
500000
600000
0
50 000
100 000
150 000
200 000
250 000
300 000
350 000
400 000
450 000
500 000
1960 1970 1980 1990 2000 2010 2014
No. of Applications GDP(JPY billion)
7
• In the late 1990s, there was growing concern about the
decline in the international competitiveness of Japanese
industries
Sources: IMD “World Competitiveness Yearbook 2001”, etc
Note: Ranks after 1997 are based on the new ranking standards
2002
30
Competitiveness by country
2 2 3
6 6
18
12 12
19
16
19
26
2
1
24
18
3
10
16
13
25
15
23
12
0
5
10
15
20
25
30
91 92 93 94 95 96 97 98 99 00 2001
USA
Singapore
Germany
France
UK
Ranking
Hong Kong
Taiwan
Japan
1 1
2 1
2.3 Background
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“As one of our national goals, I will ensure that the results of
research activities and creative endeavors are translated into
intellectual properties that are strategically protected and
utilized so that we can enhance the international
competitiveness of Japanese industries.”
2.4 Policy Statement by then PM Koizumi (Feb. 2002)
“With that in mind, I will establish
the Strategic Council on
Intellectual Properties*, and
actively advance relevant and
necessary policies.”
* Strategic Council on Intellectual Property: formed February 2002 and consisted of
relevant ministers and senior figures from industry and academia
Then Prime Minister Koizumi
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2.5 Overview
Strategic Council on Intellectual Property
Intellectual Property Policy Outline
Intellectual Property Basic Act
Intellectual Property Strategy Headquarters
“Promotion of Creation, Protection & Utilization of IP”
Examples:
i. Prompt and Precise Patent Examination
ii. Establishment of Intellectual Property Court
iii. Strengthening measures against Counterfeiting and Piracy
(Feb. 2002)
(Jul. 2002)
(Dec. 2002)
(Mar. 2003)
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Intellectual Property Strategy Headquarters (Head by PM, involving all Ministers and experts, established in 2003)
2.6 National IP Strategy - formulation & implementation
PM Shinzo ABE delivering
address at a recent IP HQ
meeting (May 2016)
(Private Sector)
Companies,
Industrial
organizations,
Universities, etc.
Enforcement IP System Cooperation
・・・
JPO Agency for
Cultural Affairs
MEXT (Copyrights)
Ministry
of
Justice
MAFF (Breeder’s
Rights)
METI (Industrial Property Rights)
Ministry
of
Finance
Customs
Cabinet
Office National Public
Safety Commission
Police SME
Agency
Formulate and Follow
up annually
Implementation by all the concerned Ministries and Agencies
Intellectual Property Strategic Program
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Expedite Patent Examination
• Increase of patent examiners
(including 500 fixed-term examiners)
• Expansion of outsourced prior-art searches
Examples of achieved measures - 1
12
10.0
0
2
4
6
8
10
12
0
20
40
60
80
100
120
140
160
2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
IP High Court • Established in April 2005
• Specialized in cases involving intellectual property
(cases) (months)
7.1
Number of New Civil Cases and Average Time needed from commencement to final decision
• Organizational structure (as of April 2015) Number of judges: 16
Number of judicial research officials: 11
Technical advisers: more than 200
Examples of achieved measures - 2
13
Examples of achieved measures - 3
Reinforcing measures against counterfeiting and piracy
METI
Cultural
Agency NPA
MOFA MOF
(Customs)
Anti-counterfeiting and piracy involves several ministries and agencies, so
it was not clear which one to contact when infringements occur…
JPO
August 2004 – Launch of Office for IPR Infringement (Manufacturing Industries Bureau, METI)
(Official Contact Point for Anti-Counterfeiting and Piracy)
Users
General Public
・・・
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2.7 New Measures after 10 years since the IP Basic Act went into force
On June 7, 2013, the Cabinet adopted the “Basic Principles of
Intellectual Property Policy,” which includes the following four
pillars:
Pillar 1: Building up a global intellectual property system
for enhancing industrial competitiveness
Pillar 2: Supporting intellectual property management at
SMEs and venture companies
Pillar 3: Improving the framework for adjusting to the digital
network society
Pillar 4: Strengthening soft power focusing on the content industry
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Support quick acquisition of
the same scope of patent
rights in other countries
• Achieve the fastest and
highest quality examinations
• Promotion of Patent
Prosecution Highway (PPH)
Share JPO examination
practices
• Capacity building of examiners
in emerging countries
• Harmonization of patent
examination practices
• Promotion of Global Dossier
Support improvements to the
IP system in emerging
countries
• Technical assistance in
the field of IP
JPO’s Activities in relation to Pillar 1
Supporting Global IP Activities by Industries
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Public Research Institutes
Universities Companies
Universities
R&D Consortia
Innovative research results
Expert personnel who have experience in
business development and IP business in
private companies (IP Producers)
Sends IP Experts
Other Govt.
Offices
Institutes which provide research
funds
Research Funds
Lawyers, Patent
Attorneys, etc.
[Outline of the IP Producer Scheme]
JPO/INPIT
Strengthening IP Management of SMEs
• Sending IP experts to SMEs and universities
• Offering consultations and advice to SMEs at local offices
JPO’s Activities in relation to Pillar 2
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Source: Balance of Payments Statistics reported by Ministry of Finance
2.8 Technology Trade Balance in Japan
18
-5
0
5
10
15
20
25
30
35
40
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015
Billion dollars
CY
Amount of export
Amount of import
balance
Exchange Rate : 1 USD = 120.61 JPY
• A surplus of the technology trade balance in Japan has
increased and reached about 20 billion US dollars in 2015.
2.9 Intellectual Property Strategic Program 2016
1. Promotion of intellectual property-based innovation in the new IT development
2. Promotion of awareness on and activities related to intellectual property
3. Promotion of new development of content business
4. Development of infrastructure for intellectual property system
Four key features
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Thank you