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Kenji SHIMADADirector for Intellectual Property,

JETRO Duesseldolf

May 6, 2013

The Importance of IP in Innovation, Promotion and its Exploitation;

Japan’s Case

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Contents

History of Intellectual Property (IP) System and IP Strategic Program in Japan

Importance of Improvement of their own IP systems

Cases of Japanese Companies’ Innovation

Summary

History of Intellectual Property (IP) System and IP Strategic Program in Japan

Importance of Improvement of their own IP systems

Cases of Japanese Companies’ Innovation

Summary

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1885 Enactment of Patent Law and establishment of the Patent

Office with Korekiyo Takahashi as the first Commissioner

1888 Enactment of Design Law

1896 Beginning of Foreign Applications

1899 Accession to Paris Convention

1905 Enactment of Utility Model Law

1959 Revision of Current IP Laws

1975 Accession to World Intellectual Property Organization (WIPO)

1978 Accession to Patent Cooperation Treaty (PCT)

1990 Acceptance of electronic applications (global first)

1997 Accession to Trademark Law Treaty

2000 Accession to Madrid Protocol

2005 Establishment of IP High Court

2006 Start of Patent Prosecution Highway (PPH) between Japan

and the United States (global first)

2010 125th Anniversary of the IPRs System in Japan

2013 Present

History of the Intellectual Property System in Japan

Stimulation of EntrepreneursStimulation of Entrepreneurs

Leading to Industrial DevelopmentLeading to Industrial Development

Utilization of Foreigner’s PatentsUtilization of Foreigner’s Patents

Competition and InnovationCompetition and Innovation

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No. of Patent Applications and Trendin GDP (J apan)

0

100,000

200,000

300,000

400,000

500,000

600,000

1980 1985 1990 1995 2000 2005 2010year

billion yen

0

50,000

100,000

150,000

200,000

250,000

300,000

350,000

400,000

450,000

500,000

Number of PatentApplications

Gross Domest i c Product

Number of PatentAppl i cat i ons

Number of Patent Applications and Trend in GDP

[Source] IMF,WIPO IP Statistics

Innovation has been accelerating according to economic growth,

followed by the increasing number of patent applications.

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Trends in Japan’s Balance of Trade in Terms of Technology

貿易収支パワポ

0

500

1000

1500

2000

2500

3000

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

Fiscal year（ ）

billion\（ ）

Export (amount received)

Import (amount paid)

Balance (exports - imports)

Based on the technological precedence of Japanese companies, Japan’s

technological trade surplus has grown to 2 trillion yen per year.

Based on the “Report of the Survey on Science and Technology.

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Intellectual Property Cycle

The ultimate goal is to make IP cycle more robust and more dynamic.

Creation(Invention)

Protection(Granting of

rights)

Utilizationof rights

FilingFilingapplicationsapplications

Industrial property rightsIndustrial property rights

ProfitProfit

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IP Strategy IP Strategy HeadquartersHeadquarters

Headed by:

The Prime Minister

Headquarters members:

All the Ministers and

10 experts

Headed by:

The Prime Minister

Headquarters members:

All the Ministers and

10 experts

Established Intellectual Property High Court (April , 2005)

Increased the number of patent examiners to expedite patent examination (approx. 500 examiners added the past 5 years)

Formulated “Comprehensive Strategy for the Development of Human Resources related to IP in Japan” (January, 2006)

Construction of business-friendly IP system for SMEs

IP Strategic Program

IP Strategy Headquarters formulate the “IP Strategic Program” every year. Government ministries and agencies implement measures based on the programs.

Intellectual Property Strategic Program

Ministries Companies Universities

Major Achievement

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Need for Global Infrastructure of IP Systems

Ensuring fair competition free from free-riding activities, including counterfeiting and piracy

Allowing both worldwide players and their local partners to work on a level playing field of business for global business collaboration

Achievement of economic development through the utilization of IP systems based on creative activities, improvement of their own IP systems is essential.

Improvement of own IP systems and the effective enforcement of IP laws in developing country

Promote self - sustained economic development, direct investment and technology transfer

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Innovations are not always created based on advanced technologies.

Examples of Familiar Innovations

・ Outstanding designs

・ Obtained funding based on the registered design right

Before being opened, it protects vegetables.

After being opens, it serves as a plate.

Some were based on excellent ideas and concepts developed by SMEs and individuals.Some were based on excellent ideas and concepts developed by SMEs and individuals.Some were based on excellent ideas and concepts developed by SMEs and individuals.Some were based on excellent ideas and concepts developed by SMEs and individuals.

【 Animal rubber band 】【 Animal rubber band 】【 Packing Container 】【 Packing Container 】

・ Patents were filed and protected overseas

・ Company sought business partners

overseas

・ Patents were filed and protected overseas

・ Company sought business partners

overseas

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“Plant Factory” as a new style of agriculture.Computerized control of environmental items including light, water, temperature, and humidity. Stable and efficient production of delicious, safe and worry-free, and nutritious vegetables throughout the year.Can be set up in sites other than farmlands since it can be set up anywhere.

Innovation from Agriculture

×Blocks out the outer world

to prevent pests and diseases

Can be set up anywhere

Organic vegetables that are safe and worry-

freeUtilize unused land

Computerized environmental control

High productivity throughout the year

Control nutrition and light wavelength

Nutritious vegetables

Controls light, temperature, carbon dioxide level, moisture content, and nutrition

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Develop new species

“Yubari Melon”

Develop new species

“Yubari Melon”

Upholding brands by strictly controlling

business secrets and quality

Upholding brands by strictly controlling

business secrets and quality

Eliminating counterfeit goods by acquiring trademark rightsEliminating counterfeit goods by acquiring trademark rights

Obtained Trademark Rights

Agricultural society AAgricultural society A

Establishing

/ maintaining

premium

brands

Establishing

/ maintaining

premium

brands

By obtaining trademark rights, counterfeit products can be completely eliminated

By strictly controlling business secrets about parent species information, as well as quality, companies can uphold their brand images

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http://www.wipo.int/ipadvantage/en/

Can search successful Can search successful cases linking IP to cases linking IP to business in the Worldbusiness in the World

VSVS

IP Advantage － Case studies on Intellectual Property

The IP Advantage database provides a one-stop gateway to case studies that chronicle the IP experiences from across the globe.

Search here !

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Industrial DevelopmentIndustrial Development

Establishing IP infrastructureEstablishing IP infrastructure

Promoting the creation,

protection and utilization of IPRs

Promoting the creation,

protection and utilization of IPRs

Developing IP laws Environment for IPR

enforcement Developing IP experts Raising awareness on the

importance of IPRs

Developing IP laws Environment for IPR

enforcement Developing IP experts Raising awareness on the

importance of IPRs

Subsidies for Innovations Formulating IP strategies Facilitating collaboration

between industry and academia

Subsidies for Innovations Formulating IP strategies Facilitating collaboration

between industry and academia

Summary ~Road to Industrial Development~

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Thank you.Thank you.