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Intellectual Property in Japan

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Lloyd Parker
Tel: +81 3 5157 8256
Fax: +81 3 5157 8210
IP in Japan

Japan's intellectual property system has undergone a transformation since early 2002, when Prime Minister Koizumi declared that Japan should be forged as an IP nation.  Since then, the government placed the development of intellectual property and its protection towards the top of its agenda. Since then, various ministries and other entities in Japan have been working hard to use the IP system to transform the economy.

A brief chronology of the transformation reforms is as follows:

  • July 2002 - Intellectual Property Strategic Outline ("Outline")

  • December 2002 - Basic Law on Intellectual Property ("Basic Law")

  • July 2003 - Strategic Program for the Creation, Protection and Exploitation of Intellectual Property ("Strategic Program 2003")

  • May 2004 - Strategic Program for the Creation, Protection and Exploitation of Intellectual Property 2004 ("Strategic Program 2004")  

  • June 2005 - Strategic Program for the Creation, Protection, and Exploitation of Intellectual Property 2005 ("Strategic Program 2005")

The Outline sets out 55 key concepts that need to be implemented or developed.  The Basic Law sets out a number of objectives and identifies a number of Ministries and entities that are to take responsibility for implementing those objectives.  One such body was the IP Strategy Headquarters.  One of its first tasks was to approve the Strategic Program 2003.  It was a more detailed version of the Outline consisting of 270 items and various bodies were named to implement the objectives.  In May 2004, the IP Strategy Headquarters published the Strategic Program 2004 consisting of 400 items, which is a revised and more detailed version of the Strategic Program 2003.  The updated version of the Strategic Program 2004 was published in June 2005. Key issues concerning the transformation include, among other things

  • making the procedures at the Japan Patent Office ("JPO") more efficient

  • strengthening the systems for dispute resolution

  • promoting the international protection of and cooperation on IP

  • restructuring the environment for managing IP at the university level

  • encouraging anti-counterfeiting activities throughout Asia and implementing stronger border control in Japan

  • expanding the merchandising and contents business (for example cartoons, games software and films)

  • establishing specialist IP courts.

The success of the Strategic Program will depend on how focused and realistic the proposed activities and reforms are and the commitment of the various ministries and business which will play a key role.   A number of IP related laws have already been amended to comply with the Strategic Program including:

  • customs tariff law

  • plant variety law

  • civil litigation law

  • patent law

  • competition law 

  • cpyright law. 

This article provides a brief background to the planned transformation, a summary of the reforms and comments on those reforms which have been and are still to be implemented by each of the main bodies which are involved in the process of transformation.  In writing this article we have interviewed a number of people involved in or affected by the reforms, both in the public and private sectors.

Read the full article here

For further information on the IP team based in Tokyo, please click on one of the following: