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Difference between revisions of "Japan"

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{{Infobox|country-region-todo}}
 
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==Legislation==
 
==Legislation==
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See Article 69 of the Japanese Patent law.
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See Article 69 of the Japanese Patent law, and Article 101, Subparagraph 2 of the Patent Law.
  
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==Legislation change in 2000==
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===Legislation change in 2000===
 
* 2001-11-08: [http://search.japantimes.co.jp/cgi-bin/nn20011108b1.html Japanese firms urged to better protect patents], which includes:
 
* 2001-11-08: [http://search.japantimes.co.jp/cgi-bin/nn20011108b1.html Japanese firms urged to better protect patents], which includes:
 
:"''"Awareness of the value of intellectual property is rapidly rising. But we have yet to see conspicuous achievement in terms of the policy's actual contribution to technological development," said Kozo Oikawa, commissioner of the Japan Patent Office.''"
 
:"''"Awareness of the value of intellectual property is rapidly rising. But we have yet to see conspicuous achievement in terms of the policy's actual contribution to technological development," said Kozo Oikawa, commissioner of the Japan Patent Office.''"
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:"''Japan's Patent Law had traditionally limited the scope of invention to a "high-level technological concept" created by "utilizing the laws of nature," effectively excluding newly conceived business strategies. Last year, however, the government redefined its guidelines to grant patents on business approaches.''"
 
:"''Japan's Patent Law had traditionally limited the scope of invention to a "high-level technological concept" created by "utilizing the laws of nature," effectively excluding newly conceived business strategies. Last year, however, the government redefined its guidelines to grant patents on business approaches.''"
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==Case law==
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* [[Justsystem v. Matsushita (2005, Japan)]]
  
 
==2005 METI Study Group Interim Report==
 
==2005 METI Study Group Interim Report==

Revision as of 20:02, 16 August 2009

country-region-todo

Legislation

See Article 69 of the Japanese Patent law, and Article 101, Subparagraph 2 of the Patent Law.

Legislation change in 2000

""Awareness of the value of intellectual property is rapidly rising. But we have yet to see conspicuous achievement in terms of the policy's actual contribution to technological development," said Kozo Oikawa, commissioner of the Japan Patent Office."

And notes:

"Japan's Patent Law had traditionally limited the scope of invention to a "high-level technological concept" created by "utilizing the laws of nature," effectively excluding newly conceived business strategies. Last year, however, the government redefined its guidelines to grant patents on business approaches."

Case law

2005 METI Study Group Interim Report

(sources: TRIPS and Software Patents in Japan, Dr. Karl-Friedrich Lenz, and the October 2005 METI report in Japanese, English translation of summary)

The executive summary discusses how implementing software innovations always depends on using other software ideas, and concludes:

"The following legal measures come to mind for the near future. Make “Rules on Economic Transactions in the Market” that determine in which case exercising patent rights is a misuse of rights. For example, an exercise of patent rights that obstructs communication between software components, where the patent holder restricts transactions between third parties or exercises his patent right in a manner exceedingly contrary to public interest might qualify as “misuse of patent rights”."

(See also: TRIPS)

See also

External links

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