CHAPMAN, Junko

Abstract: This chapter describes current and historical trends and issues related to intellectual property (IP) management in Japan. It gives a history of Japan’s national IP system in order to provide an understanding of the nature of the system and why and how it was established. The chapter also describes current government efforts to provide insights into the system’s future. With regard to current IP issues, two topical issues are discussed: industry-university collaboration on R&D and employees’ inventions. Japan’s efforts to resolve these issues may be helpful for other countries that are grappling with similar issues.

The chapter also details health and agricultural IP issues in Japan. It discusses and compares with the practices of other countries the patentability of medical methods and exemptions for the experimental use of patented products. Furthermore, the chapter offers an overview of Japan’s national policy on agricultural R&D and biore-source centers (the functioning of which greatly involves the transfer of materials with IP rights). RIKEN (The Institute of Physical and Chemical Research) is offered as a case study to clarify the policies and issues discussed.

Finally, for the benefit of other countries that are coming to terms with IP management issues, the chapter offers some lessons learned by Japan that have helped shape its national IP policy, strategy, and institutional IP management.