Japanese large companies have been stealing SMEs’ intellectual property. This issue was brought up in a working group discussing the improvement of business conditions for SMEs or subcontracting companies, as reported in our previous article. Then, Japan Fair Trade Commission (JFTC) conducted surveys on the handling intellectual property in the transactions in manufacturing industry, and published the report on June 14 2019. JFTC had responses from 15,875 manufacturers, and received reports of 726 incidents. The reported incidents include: Forcing the disclosure of know-how, to manufacture in-house or make other cheaper companies manufacture the product using such know-how. Doing joint research only by name, in which only a subcontracting company works […]
On June 7 2019, Japan Intellectual Property High Court ruled standard for calculating damages, especially deductible expenses, in a patent infringement case on carbonated pack cosmetics. Below is the summary of the decision. 1. Presumed damages Japanese patent law provides provisions to make it easier for patent holders to prove the amount of damages. One is to regard “the amount of profit earned by the infringer” as the amount of damages of the patent holder (Article 102, paragraph 2). Profit earned by the infringer Here, the court ruled that “the amount of profit earned by the infringer” is the marginal profit which is calculated by deducting “the expense which is […]
We launched a new project working with a US-based M&A advisory firm. In this project, we help Japanese companies find opportunities for investment in and partnerships with foreign technology companies. It includes setting up of joint ventures to manufacture products of such technology companies, and also do sales and marketing in Japan and other Asian countries. First of all, we have started by introducing two technology companies. One provides a full-body, autonomously powered robotic exoskeleton. The other provides 3D metal printers and printed products. Both are promising opportunities! So, please contact us for further information.
Previously on this blog, we featured a story about a fight on patent royalty between a university researcher and a licensee company. And, it suggested a problem of a talent shortage for intellectual property in the university. Licensing Revenues of Japanese Universities When talking about licensing revenues of universities, Japanese universities are often compared with American universities. Then, Japanese universities’ low income is considered a problem. In fact, American universities earned USD 2,562 million in 2016, according to University Network for Innovation and Technology Transfer (UNITT). On the other hand, Japanese universities earned JPY 4.53 billion (about USD 41.2 million). There is a big gap between them. However, it is not simply […]
In response to the global trends, the Japanese government announced a policy to strengthen the personal data protection on April 25 2019. It will enhance the right for individuals to demand companies to stop using their personal information. Under the current law, individuals can demand it, only if such data has been fraudulently acquired or used for purposes other than the original intent. On the other hand, the government has considered the creation of the so-called data bank, as introduced before. The data bank distributes personal data with the consent of the individuals. Then, it provides them with the compensation. I hear that, in the demonstration experiment, most users have chosen to […]
Recently, I found a misleading website which provides registration service for intellectual property. It provides a global registry for patents, designs and trademarks on the blockchain network. It says you can register an intellectual property in minutes at a cost of less than $15. This website should add more explanation. The registration on the blockchain certainly helps you prove the existence of a particular document at some point in time. However, it doesn’t create rights of patent, design or trademark, even if such a document describes a new idea, design or trade name. You need to file an application to the patent office and get through an examination to obtain […]
Do you think Japanese patents are difficult to use? I visited Chinese IT companies early this month. A person in charge of licensing said Japanese patents are difficult to use, as well as Korean patents. Because the specification, claims and other documents for Japanese patents are written in Japanese language, he is not sure if he understands the patent correctly. Another person from a different company explained how they handle the inventions created in their Japan office. They prepare patent documents in English to file a PCT application. So, they can review the English documents directly, not the translations. This would be not special to this company. For companies which prioritize […]
It is reported that a consortium called “InnovationTech Consortium” launches in Japan on April 15 2019. In this consortium, the member companies share and exchange information on technologies and know-hows that lead to new businesses. Reportedly, more than 40 Japanese companies will participate in the consortium at first, which include Toyota, All Nippon Airways, Asahi Group, ITOCHU, Takeda Pharmaceutical, Sumitomo Mitsui Banking, and Dentsu, which are all Japanese leading companies. They expect 100 companies to join the consortium by 2020. Also, they will not prevent their competitors from joining the consortium. In the consortium, a company shares a business model and/or technologies under consideration, and other companies having an interest in […]
How do you decide in which country you file a patent application? As you know, in order to obtain patent protection in multiple countries, you are required to file a patent application and obtain a patent in each country. Generally, you may choose filing countries on the basis of the existence of your business within the limits of your budgets. In addition, you may also consider potential market size, the situation of IP system of countries etc. For example, China, the U.S. and Germany are the most litigious countries and patentee friendly. The figure below, which is excerpted from the materials prepared by Michael C. Elmer for the Global IP Project, […]
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