Lack of Intellectual Property Protection

(1) Patents

   The Government of Japan has implemented all measures to be taken by Japan according to joint statement on the Japan-U.S. Framework for New Economic Partnership in 1994. On the other hand, the U.S. Government has not implemented measures for the institution of early publication system and revision of current examination system, although it has already been three years since the due date. The Government of Japan urges the U.S. to implement completely the above measures at an earliest date. The report points out several problems in patent litigation in Japanese courts. However, an amendment bill of the Patent Law is introduced in the Diet, which includes expansion of measures to collect evidence and easing of conditions for proofing damages. When these measures are implemented , swift and appropriate resolve of patent litigation will be expected. Also, the amendment bill does not aim to regulate directly the examination period, but aim to reduce the period of request for examination from current 7 years to 3 years.

(2) 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 been preparing necessary amendments to the Copyright Law in order to ratify the WIPO Copyright Treaty as soon as possible.

(3) Trademarks

   The first action period for the application of trademarks registration achieves steady decrease from 21 months (the end of 1997) to 17 months (the end of 1998). Well-known marks are appropriately protected, regardless of its registration, under Japan's Trademark Law and Japan's Unfair Competition Law.

(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.