Intellectual Property Protection

(1) Patents

   The Government of Japan has implemented all measures to be taken by Japan according to joint statement at the Intellectual Property Working Group meeting under the Japan-U.S. Framework for New Economic Partnership in 1994. On the other hand, the U.S. Government, although Patent Reform Act (American Inventors Protection Act) including the institution of an early publication system and the revision of current reexamination system was enacted on November 29, 1999, the amendment was not full implementation of the measures to be taken by U.S. The Government of Japan urges the U.S. to implement completely the above measures at an earliest date. The U.S. side has been expressing concern about patent litigation in Japanese courts. However, the Law Partially Amending the Patent Law and Other Industrial Property Laws for the purpose of which is expansion of measures to collect evidence and easing of conditions for proofing damages, came into effect on January 1, 2000, The result of its introduction, it is expected swift and appropriate resolve of patent litigation.

(2) Copyrights

   The Government of Japan protects copyrights appropriately in accordance with international rules in the field of copyrights. As regards the enforcement system against the piracy of computer software, Japan already has an appropriate enforcement system, which fully complies with TRIPS Agreement. As regards the protection of copyright on digital network, the Copyright Law stipulates new rights concerning interactive transmission, which are new obligations under WIPO New Treaties. Furthermore, Japan has appropriately amended the Copyright Law in 1999, in order to comply with the WIPO Copyright Treaty. The revised Law regulates a device having a principal function for the circumvention of technological protection measures etc., such as U.S. regulation.

(3) Trademarks

   This report points out the problem that the well-known marks are not appropriately protected, but there is not any concrete findings, and therefore, the intention of this description is not clear. The Government of Japan has been protecting appropriately well-known marks in compliance with the provisions of Paris Convention and TRIPS Agreement, regardless of its registration, under Japan's Trademark Law and Japan's Unfair Competition Law. The Government of Japan also introduced a system to publish Trademark applications on January, 1, 2000, and take measures so that Trademarks can be protected at an early stage.

(4) Trade Secrets

   This report points out the problem that trials which speak to trade secrets are discussed in Japan's pubic courts, but it complies with the principles of the Japanese Constitution in terms of public access to court. TRIPS Agreement has reservation concerning the trade secrets protection, that is "as long as it is not consistent with current constitution's requirement". Thus, there is no problem under the relevant international rules. This report, on the other hand, addresses that both parties and deputies have no obligation to protect secrets, but it is considered unlawful act by private laws that they illegally take advantage of the trade secrets illegally obtained in a suit if court makes decisions to limit reading.

(5) Border Enforcement

   Japan's Customs Administration has been defending against the inflow of products invading intellectual property rights on the basis of the fair and just procedures consistent with the TRIPS Agreement.