Home > Policy > White Paper, Notice, Announcement > White Paper > WHITE PAPER ON SCIENCE AND TECHNOLOGY2003 > Part3 3.3 3.3.6 3.3

  In order to promote intellectually creative activities,it is extremely critical to appropriately protect intellectual property rights.In FY2002 the Patent Office conducted a comparative study of the patentability of protein structure-related inventions in Japan,the U.S.,and Europe,as inventions in the advanced technology sector should be promptly and correctly protected.The Patent Office prepared and published a collection of examination cases based on its comparative study,thereby working to clarify the judgment criteria for patents in the advanced technology sector.Furthermore,a number of initiatives were taken in order to promote cooperation with intellectual property offices in other countries in Asia.These included human resources development through the dispatch of specialists,the holding of local seminars,and the acceptance of trainees,as well as the implementation of cooperative efforts for the mechanization and computerization of administrative tasks at each of the intellectual property offices.Moreover,in order to improve the convenience of specialized services,the Patent Attorney Examination System was simplified and streamlined and services were expanded through amendments to the Patent Attorney Law.

  In addition,efforts were taken to improve the environment for Japan's patent distribution market.The National Center for Industrial Property Information dispatched expert advisors on patent distribution to prefectural governments and technology licensing organizations(TLOs),developed a patent distribution database,developed training programs for people who handle intellectual property transactions,and convened international patent distribution seminars,all to promote the utilization of intellectual properties,while the Patent Office supported patent distribution fairs all across the country.

  Additionally,research and development is being carried out under the Program for the Development of International Standards,with the aim of developing international standards in sectors where the development of international standards is important for strengthening the industrial competitiveness of Japan.As of FY2002,research and development was being implemented on25themes under the program.

  Furthermore,the International Joint Research Grant Program in the area of International Standards is being used to put into service international collaborative teams that implement research with other counties for the development of international standards.In FY2002,the program was used to put three teams into operation.

  In order to promote new developments in the medical materials sector,research and development of technology for evaluating the performance of implant materials(i.e.materials implanted into the body such as artificial bone or artificial blood vessels)in consideration of domestic and inter-national standardization began in FY2002.One team is being subsidized.

  In order to achieve Japanese-originated inter-national standards in the information and communications field and to promote the strengthening of Japan's international competitiveness,"research and development to acquire[international standards]in technology"is implemented based on research results invited on condition that proposed research should contribute to standardization activities,such as submitting proposals to standardization organizations like the International Telecommunication Union(ITU).In FY2002,three research projects were adopted under this program.

  In addition,due to the recognition that it is important to promote R&D and standardization together as a unit,research and development of ubiquitous network technology and technology for broadband satellite infrastructure is being promoted in consideration of contributions to future inter-national standards. Furthermore,in order to adequately meet market needs,user needs,and technology trends,and to make the rapid and flexible formulation of practical international standards possible,proposals to improve the system and working procedures of ITU are being actively implemented along with promotion of coordination between ITU standardization and private-sector forums such as the"Digital Home-network Forum,"which promotes the networking of residential areas.Moreover,coordination of standardization activities in Asian countries are being strengthened,and joint proposals for standardization to the ITU are being promoted through the Asia-Pacific Telecommunity Standardization Program(ASTAP 77) ).

  In advanced science and technology sectors,where the ties between theoretical research and commercialization are rapidly becoming stronger,international competition is intensifying,and co-operation and exchanges between research institutions both in Japan and abroad,and between industry,academia,and government,is progressing,demand is rising for appropriate protection and utilization of intellectual property rights and other research results.However,the lack of rules and low level of awareness regarding the handling of research results is becoming an issue at Japan's public research institutions.

  In response to this situation,on December25,2001,the Council for Science and Technology Policy adopted"On Handling Intellectual Property Rights and Other Research Results at Research Institutions(opinion),"and presented it to the relevant ministries and agencies.Moreover,the Intellectual Property Working Group established under the auspices of the Council for Science and Technology investigates the status of intellectual property at universities,about which it prepared a report in November2002.The report,after signifying that it is appropriate for intellectual property at universities to revert,as a general rule,to the institution(for national universities,after they become independent corporations),called for each university to prepare and publish an intellectual property policy as the basis for handling intellectual property.The report also indicated items that should be considered when preparing campus-wide rules as well as specifics on the ways of maintaining on-campus systems.

  Research and development results can span a large array of tangible and intangible items,from biogenetic resources such as mice and micro-organisms,to materials and samples,and various kinds of measurement data.In May2001an incident erupted when researchers at RIKEN were indicted by U.S.judicial authorities on the suspicion of violating U.S.laws against economic espionage.The rules for reversion and handling of R&D results are unclear,giving rise to a situation where the utilization of R&D results for promotion of further research,or the transfer of results to commercial use,cannot be smoothly carried out.In response to this situation,the Ministry of Education,Culture,Sports,Science and Technology prepared a report in May2002by the Study Committee on Handling Research Results,and made it known to various councils.The report pointed out guidelines relating to rules that can be used to promote the reversion and broad utilization of R&D results at research and development sites,and commercial utilization in industry,and it also specified guide-lines relating to the management and furnishing of tangible R&D results.Moreover,in July the Ministry drew the attention of Japanese scientists engaged in research at overseas research institutions to matters that require their attention while conducting research activities aboard.

  In June2001,the Ministry of Agriculture,Forestry,and Fisheries established the"Liaison Committee for Study of the Status of Control of Research Results"in cooperation with independent administrative institutions to clarify the rules for handling the results of research in the above research institutions.

  Amidst Japan's efforts to expand investment in R&D toward realization of the goal to become a nation of creative science and technology,it is important that expansion of investment in R&D be linked to the creation and assurance of results,and to stronger international competitiveness.

  For this reason,the Council for Science and Technology Policy established the Expert Panel on Management of Intellectual Properties.The Panel conducted a study and investigation,and in December2002it prepared its report"Concerning Intellectual Property Strategies,"which gave suggestions for enhancement of the intellectual property management system at universities,development of intellectual property legislation for the advanced technology sector,and the training of personnel who are specialists in intellectual property.These opinions were presented to the relevant ministers.In addition,starting in FY2002,the Ministry of Education,Culture,Sports,Science and Technology has been engaged in training specialists in intellectual property as one of the"Special Coordination Funds for Promoting Science and Technology"programs.

  Moreover,the entire government is promoting Japan's intellectual property strategies,not only in the science and technology sector,but across other sectors as well.The Strategic Council on Intellectual Property,chaired by the Prime Minister,drew up the"General Guidelines for Management of Intellectual Property"on July3,2002,and the155th Diet approved the"Basic Law on Intellectual Property."In addition,on March1,2003,the"Intellectual Property Policy Headquarters"(Director-General:the Prime Minister;Vice Director-Generals:the Chief Cabinet Secretary,the State Minister for Science and Technology Policy,the Minister of Education,Culture,Sports,Science and Technology,and the Minister of Economy,Trade and Industry)was established based on the"Basic Law on Intellectual Property."The Head-quarters is moving ahead with considerations for the formulation of the"Strategic Program for the Creation,Protection and Exploitation of Intellectual Property."