News Reports Archives
January-April 1997
Amended Trademark Law Takes Effect
The amended Trademark Law became effective on April 1, 1997. This is the most comprehensive amendment since 1959, when the new IP laws were first set up after the World War II. Changes are numerous and include, for example, multiple-class applications, post-grant oppositions, and simplified requirements for applications. Last decisions to publish for oppositions under the old pre-grant opposition scheme were mailed on March 14. After April 1, decisions to grant began to be issued under the new scheme. The associated mark system was abolished. Also, in connection with this amendment, existing registrations with goods designated under several old Japanese classifications will gradually be reclassified into the International Classification-based classes.
Design Law to be Amended
Apparently last in the series of law amendments to overhaul the Japanese IP system, the Design Law will be amended in 1998, the Japanese Patent Office (JPO) announced in August 1996. This will be the first major amendment to this Law for nearly 40 years. Subject matters of protection are to be broadened to include icons, symbol marks, and integral parts of articles. The JPO is now soliciting public comments on the Design Law.
Examination Guidelines for Specific Technical Fields Published
The final versions of new examination guidelines for biological inventions and computer software-related inventions were published February this year along with new guidelines on the industrial applicability. This publication occurred after the JPO published two drafts and solicited public opinions during 1996. In the biotech area, broader claims are allowed for given DNA or amino acid sequences and functional limitations should become easier to be accepted. The new biotech guidelines are basically applicable for applications filed on or after July 1, 1995 under the 1994 amended Patent Law. Also, the software guidelines include the allowance of recorded media containing otherwise patentable software inventions. Some important portions of the software guidelines are effective for applications filed after April 1, 1997. English translations of these guidelines are available from the JPO internet site: http://www.jpo-miti.go.jp.
New Forum of Arbitration in IP Disputes Considered
The Japan Patent Attorneys Association and the Japan Federation of Bar Associations announced June 1996 that they will cooperate to establish a new institution for arbitration in IP disputes possibly by March 1998. Speedy resolution of disputes is aimed.
Cooperation with Other Asian Countries under Way
A number of projects are under way in order to support many Asian countries in developing their IP protection systems. For example, the Institute of Invention and Innovation (a JPO-related organization) is holding a series of two-to-four weeks seminar programs to provide educational opportunities for 1000 people invited from various Asian countries by the year 2000. During the current fiscal year, nearly 200 people will come to Tokyo and learn about all aspects of intellectual properties. AIPPI Japan is also cooperating these programs by sending lecturers and contributing some funding.
Speedier Examination at the JPO Planned
The JPO has reduced the pendency of patent applications between request for examination and first action to two years from an average of nearly three years in 1989. The Commissioner of the JPO announced August 1996 that the JPO will try to cut it further to one year by 2000. Also, the current electronic filing system will be upgraded to allow the use of simpler Windows-based personal computers. Currently the electronic filing require UNIX based systems. Also, the electronic filings of trademarks and designs are planned for 2000.
Researchers at National Institutions to Own 50% Share of Patents
The Agency of Industrial Science and Technology (AIST) announced December 1996 that about 2400 researchers at governmental institutions and laboratories it oversees may have a 50% share of IP rights, including patents and copyrights, originating from their research efforts at such institutions. Previously, the researchers obtained limited compensations based on predetermined formulas, but now they can receive 50% of license royalties earned and may even start up their own business with their own patents. The AIST currently owns more than 7,000 patents.
Civil Procedure Reform Taking its Shape
December 1996, the Supreme Court published rules for implementing the legislation that passed June 1996 to reform the Japan civil procedure in its entirety. Hearings are to be held more concentrated within shorter period of time. This reform is apparently coupled with the planned increases in the number of those who pass the national bar examination from the current figure of about 700 to 1,000 or 1,500 in several years.
The JPO Commissioner gives Talks in Three Cities
January and February 1997, the Commissioner of the JPO gave three separate talks in Osaka, Tokyo and Nagoya, stressing the entrance of Japan into a pro-patent era. He also mentioned, as reported in a newspaper, that an office at the JPO was reviewing Section 102 of the Patent Law.
