In the era of globalization and knowledge economy, intellectual property protection has become a core element of national innovation strategies and economic development. As the world’s third-largest economy and a powerhouse of technological innovation, Japan has long placed a high emphasis on the protection and utilization of intellectual property, constructing a comprehensive, systematic, and evolving intellectual property legal system. This system not only provides a solid legal foundation for Japan’s technological innovation and economic development but also plays a leading role in the international intellectual property protection arena.

This article aims to comprehensively analyze Japan’s intellectual property legal system, discussing its main laws and regulations, important revisions in recent years, and the impact of international treaties. Through an in-depth analysis of the characteristics and challenges faced by Japan’s intellectual property legal system, we can better understand how Japan promotes innovation-driven development through its legal system and provide valuable references for intellectual property protection practices in other countries.

Japan’s Intellectual Property Legal Framework

After entering the 21st century, Japan further strengthened its intellectual property strategy, making it an important component of the national development strategy. In 2002, Japan enacted the Basic Law on Intellectual Property, establishing a national intellectual property strategy. Since then, Japan has continuously advanced the modernization of intellectual property laws, such as revising the Patent Law in 2004 to introduce reforms in the employee invention system; amending the Trademark Law in 2015 to expand the scope of trademark protection; and revising the Copyright Law in 2018 to adapt to the needs of the artificial intelligence and big data era. These initiatives have continuously improved Japan’s intellectual property legal system to adapt to new technological developments and market demands. The following is a list of Japan’s intellectual property legal framework:

Japan’s Main Intellectual Property Laws and Regulations

1.1 Patent Law

Japan’s Patent Law is a core component of the intellectual property legal system, initially enacted in 1959 and revised multiple times to form a comprehensive and complex legal system. This law stipulates various aspects of invention patents, including application, examination, grant, protection, and utilization. The following are the main features and contents of Japan’s Patent Law:

Protection Objects: Japan’s Patent Law protects inventions that possess novelty, inventiveness, and industrial applicability. These inventions can be products, methods, or their uses. It’s worth noting that Japan’s Patent Law does not protect computer programs themselves, but if a computer program combines with hardware to form a technical solution, it can obtain patent protection.

Application System: Japan adopts the first-to-file principle, meaning that when multiple applicants apply for a patent for the same invention, the person who submits the application first has the right to obtain the patent. The applicant can be the inventor or their successor in title, or a legal entity. Foreign applicants can also apply for patents in Japan but need to designate a patent agent within Japan.

Examination Procedure: Japan’s patent examination procedure includes two stages: formal examination and substantive examination. Formal examination mainly checks if the application documents are complete, while substantive examination deeply assesses the novelty, inventiveness, and industrial applicability of the invention. Japan also has a priority examination system where certain types of applications (such as those involving environmental protection technologies) can apply for accelerated examination.

Patent Right Duration: The duration of a patent right is 20 years from the filing date. For certain patents related to pharmaceuticals and agrochemicals, an extension of up to 5 years can be applied for to compensate for the time spent obtaining marketing approval.

Employee Invention System: Japan’s Patent Law stipulates an employee invention system. For inventions completed by employees within the scope of their duties, the right to apply for a patent belongs to the employee, but the employer has the right to obtain a non-exclusive license to the patent. The employer can also obtain the patent right through contractual agreement but needs to provide reasonable compensation to the employee.

Patent Licensing and Transfer: Patent holders can authorize others to implement their patents through licensing agreements or transfer the patent rights to others. Patent licenses can be exclusive or non-exclusive and need to be registered with the patent office to be effective against third parties.

Patent Infringement and Remedies: Patent holders can prevent infringement and obtain damages through civil litigation. Japanese courts can issue injunctions requiring the cessation of infringing activities and award damages. The 2019 amendment strengthened the patent infringement damage compensation system, raising the calculation standards for compensation amounts.

Patent Invalidation: Anyone can file an invalidation request with the patent office after a patent has been granted. Grounds for invalidation include non-compliance with patentability requirements, insufficient disclosure in the specification, etc.

Patent Opposition System: The patent opposition system introduced in 2015 allows anyone to file an opposition within 6 months after a patent is granted. This system aims to improve patent quality while providing third parties with a more convenient way to challenge patents than invalidation proceedings.

International Cooperation: Japan is a member of the Patent Cooperation Treaty (PCT), allowing applicants to apply for patents in Japan through the PCT route. The Japan Patent Office has also established Patent Prosecution Highway (PPH) cooperation relationships with patent offices in multiple countries and regions, accelerating the examination process of cross-border patent applications.

Patent Information Disclosure: To promote technological innovation and information dissemination, the Japan Patent Office maintains a comprehensive patent information database that the public can access and search for published patent documents free of charge.

Compulsory Licensing System: Although Japan’s Patent Law provides for a compulsory licensing system, it is rarely used in practice. Only in special circumstances, such as for public interest or to correct anti-competitive behavior, might the government compel patent holders to license their patents to others.

1.2 Utility Model Law

Japan’s Utility Model Law is an important component of Japan’s intellectual property legal system, initially enacted in 1905 and revised multiple times to form the current legal system. This law aims to protect relatively simple technological innovations, providing protection for technical solutions that may not qualify for invention patents but still have practical value. The Utility Model Law is similar to the Patent Law in many aspects but also has its unique features. The following are the main characteristics and contents of Japan’s Utility Model Law:

Protection Objects: Japan’s Utility Model Law protects technical solutions related to the shape, structure, or combination of articles. Compared to the Patent Law, the inventiveness requirement for utility models is lower, mainly emphasizing their practicality. Utility models are typically applicable to minor inventions or improved technologies, such as improvements to tools, instruments, devices, etc.

Application System: Similar to the Patent Law, Japan’s Utility Model Law also adopts the first-to-file principle. The applicant can be the inventor, their successor in title, or a legal entity. Foreign applicants can also apply for utility models in Japan but need to designate a domestic agent in Japan. It’s worth noting that the same technical solution cannot be simultaneously applied for both a patent and a utility model.

Examination System: Japan adopts a non-examination system for utility models, meaning no substantive examination is conducted. The patent office only conducts a formal examination, checking if the application documents are complete and comply with legal formal requirements. This greatly shortens the time for granting utility model rights, usually within 3-6 months after application.

Duration of Rights: The protection period for utility model rights is 10 years from the filing date, shorter than the 20 years for invention patents. This duration reflects the fact that utility models typically involve relatively simple technological improvements with relatively shorter market lifespans.

Technical Evaluation Report System: Since utility models can be granted without substantive examination, Japan’s Utility Model Law introduced a technical evaluation report system to balance the interests of rights holders and the public. When exercising utility model rights, the rights holder must present a technical evaluation report issued by the patent office to the alleged infringer. This report evaluates the novelty and inventiveness of the utility model, providing reference for rights enforcement and dispute resolution.

Conversion of Applications: Japanese law allows applicants to convert utility model applications to patent applications under certain conditions, and vice versa. This flexibility allows applicants to choose the most suitable form of protection based on the specific circumstances of their technical solutions.

Licensing and Transfer of Utility Model Rights: Similar to patent rights, utility model rights can also be licensed to others for implementation through licensing agreements or transferred to others. Licenses can be exclusive or non-exclusive and need to be registered with the patent office to be effective against third parties.

Infringement and Remedies: Utility model rights holders can prevent infringement and obtain damages through civil litigation. However, since utility models are not substantively examined, courts are usually more cautious when handling infringement disputes and will refer to the content of the technical evaluation report.

Invalidation: Anyone can file an invalidation request with the patent office. Grounds for invalidation include non-compliance with utility model grant conditions, insufficient disclosure in the description, etc. The invalidation procedure provides a way for the public to challenge improperly granted utility models.

International Applications: Japan is a member of the Patent Cooperation Treaty (PCT), allowing applicants to apply for utility models in Japan through the PCT route. This provides convenience for applicants seeking utility model protection in multiple countries.

1.3 Design Law

Japan’s Design Law is a specialized law within the intellectual property legal system that protects product designs. Initially enacted in 1959 along with the Patent Law, it has undergone multiple revisions to form the current legal system. This law aims to protect industrial product designs, promote design innovation, and enhance product aesthetics and functionality. The following are the main features and contents of Japan’s Design Law:

Protection Objects: Japan’s Design Law protects the shape, pattern, color, or combination thereof of articles, as well as the visual effects presented by these elements. The protected objects must possess novelty, creativity, and industrial applicability. Notably, the 2020 revision expanded the scope of protection to include graphic user interface (GUI) designs and building exteriors.

Application System: Japan’s Design Law adopts the first-to-file principle. The applicant can be the designer or their successor in title, or a legal entity. Foreign applicants can also apply for design patents in Japan but need to designate a domestic agent in Japan.

Examination Procedure: Design applications undergo substantive examination. Examiners assess the novelty and creativity of the design, among other factors. Japan also has a related design system, allowing applicants to seek protection for a series of related designs to obtain a broader scope of rights.

Duration of Rights: The protection period for design rights is 25 years from the registration date. This duration was extended in the 2020 revision from the previous 15 years, better adapting to changes in product lifecycles.

Secret Design System: Applicants can request to keep their design secret for up to 3 years. This system allows rights holders to protect their designs before the official product launch, preventing premature disclosure.

Licensing and Transfer of Design Rights: Design rights can be licensed to others for use through licensing agreements or transferred to others. Licenses can be exclusive or non-exclusive and need to be registered with the patent office to be effective against third parties.

Infringement and Remedies: Design rights holders can prevent infringement and obtain damages through civil litigation. Courts can issue injunctions requiring the cessation of infringing activities and award damages.

Invalidation: Anyone can file an invalidation request with the patent office. Grounds for invalidation include non-compliance with design grant conditions, similarity or identity to prior designs, etc.

International Applications: Japan is a member of the Hague Agreement Concerning the International Registration of Industrial Designs, allowing applicants to simultaneously apply for design protection in multiple countries through the Hague system.

Partial Design System: Japan allows protection for partial designs of products, greatly enhancing the flexibility and practicality of design rights and helping to combat partial copying behaviors.

1.4 Trademark Law

The Japanese Trademark Law is an important law in the intellectual property legal system that protects commercial identifiers. It was initially established in 1959 and has undergone several revisions to form the current legal system. This law aims to protect the interests of trademark rights holders, maintain fair competition, and protect consumer interests. The following are the main features and contents of the Japanese Trademark Law:

Protected Objects: The Japanese Trademark Law protects objects including words, graphics, symbols, three-dimensional shapes, colors, sounds, and other identifiers that can distinguish the source of goods or services. The 2014 revision also added protection for new types of trademarks such as motion trademarks and hologram trademarks. Trademarks must have distinctiveness and must not conflict with prior rights of others.

Application System: Japan adopts the first-to-file principle, meaning that when multiple applicants apply for the same or similar trademark, the person who submits the application first has the right to obtain registration. Applicants can be natural persons or legal entities. Foreign applicants can also apply for trademark registration in Japan but need to designate a domestic agent in Japan.

Examination Procedure: Trademark registration applications need to undergo substantive examination. Examiners will evaluate the distinctiveness of the trademark and whether it conflicts with prior rights. Japan also has an opposition procedure that allows third parties to file an opposition within two months after the trademark is published.

Duration of Rights: The protection period for trademark rights is 10 years from the registration date and can be renewed indefinitely, with each renewal being for 10 years. This ensures that trademark owners can use and protect their trademarks for a long time.

Use Obligation: The Japanese Trademark Law stipulates the obligation to use trademarks. If a registered trademark is not used for three consecutive years, anyone can request the cancellation of the trademark registration. This provision aims to prevent trademark hoarding and promote the effective use of trademarks.

Licensing and Transfer of Trademark Rights: Trademark rights can be licensed to others through licensing agreements and can also be transferred to others. Licenses can be exclusive or non-exclusive and need to be registered with the trademark office to be effective against third parties.

Infringement and Remedies: Trademark owners can stop infringement actions and obtain damages through civil litigation. Courts can issue injunctions requiring the cessation of infringing activities and can also award damages. Malicious infringement may also face criminal penalties.

Trademark Invalidation and Cancellation: Anyone can file a request for invalidation or cancellation with the trademark office. Grounds for invalidation include the trademark not meeting registration conditions or conflicting with prior rights; grounds for cancellation include non-use for three consecutive years or the trademark becoming a generic name.

International Registration: Japan is a member of the Madrid Agreement Concerning the International Registration of Marks, allowing applicants to apply for trademark protection in multiple countries simultaneously through the Madrid system.

Geographical Indication Protection: The Japanese Trademark Law also includes provisions for the protection of geographical indications, providing protection for goods with specific geographical origins.

Defensive Trademark System: For well-known trademarks, Japan allows registrants to register defensive trademarks in goods or service categories where they do not use or may not use in the future, to strengthen the protection of well-known trademarks.

1.5 Copyright Law

The Japanese Copyright Law is a specialized law in the intellectual property legal system that protects literary, artistic, and scientific works. It was initially established in 1899 and has undergone several revisions to form the current legal system. This law aims to protect the rights of authors and promote the creation and dissemination of culture. The following are the main features and contents of the Japanese Copyright Law:

Protected Objects: The Japanese Copyright Law protects objects including literary, musical, artistic, photographic, cinematographic works, computer programs, and other intellectual creations. Works must have originality, but the requirement for originality is relatively low. It’s worth noting that the Japanese Copyright Law does not protect ideas themselves, but rather the expression of ideas.

Acquisition of Rights: Copyright is acquired automatically upon the completion of creation, without the need for registration. However, Japan has a work registration system that can serve as preliminary evidence of copyright ownership.

Content of Rights: Copyright includes two major categories: moral rights and economic rights. Moral rights include the right of disclosure, the right of attribution, and the right of integrity, which are not transferable. Economic rights include the right of reproduction, distribution, performance, broadcasting, translation and adaptation, which can be transferred or licensed to others.

Protection Period: Generally, the protection period for copyright is the life of the author plus 70 years after death. This period was extended in the 2018 revision, previously being the life of the author plus 50 years after death. For special types of works such as works made for hire and cinematographic works, the calculation method for the protection period is different.

Fair Use: The Japanese Copyright Law stipulates a fair use system, allowing the use of works without the permission of the copyright owner in specific circumstances, such as private use, quotation, use for educational purposes, etc. This system aims to balance the interests of copyright owners and the public.

Neighboring Rights: The Japanese Copyright Law also protects the rights of performers, phonogram producers, and broadcasting organizations, known as neighboring rights. The protection period for neighboring rights is generally 50 years.

Technological Protection Measures: To address the challenges of the digital age, the Japanese Copyright Law stipulates prohibitions on circumventing technological protection measures and protection of rights management information.

Collective Management of Copyright: Japan has copyright collective management organizations responsible for licensing and collecting fees for works on behalf of numerous rights holders. This system greatly simplifies the management and use of copyrights.

Infringement and Remedies: Copyright owners can stop infringement actions and obtain damages through civil litigation. For serious infringement, criminal penalties may also be faced.

International Protection: Japan is a member of major international copyright treaties such as the Berne Convention and the Universal Copyright Convention, ensuring that Japanese works are protected internationally while also protecting foreign works in Japan.

Orphan Works System: Japan has established an orphan works system, allowing the use of works after certain procedures when the copyright owner cannot be found or contacted.

1.6 Unfair Competition Prevention Law

The Japanese Unfair Competition Prevention Law is an important law regulating unfair competition in the market. It was initially established in 1934 and has undergone several revisions to form the current legal system. This law aims to maintain fair competition order, protect the legitimate rights and interests of business entities, and promote the healthy development of the market economy. The following are the main features and contents of the Japanese Unfair Competition Prevention Law:

Regulated Objects: The Japanese Unfair Competition Prevention Law regulates various unfair competition acts, including acts causing confusion, acts causing misunderstanding, commercial defamation, infringement of trade secrets, imitation acts, etc. The 2018 revision also added regulations on unfair acts related to data.

Acts Causing Confusion: It prohibits the use of identifiers that cause confusion with others’ goods or business entities, including the use of identical or similar trade names, trademarks, etc. This provision supplements the protection of trademark law, especially providing protection for unregistered but well-known identifiers.

Acts Causing Misunderstanding: It prohibits false or misleading representations about the quality, content, origin, etc., of goods, as well as deceptive representations about price, quantity, etc. This provision aims to protect consumer interests and maintain market order.

Commercial Defamation: It prohibits the spread of false information that damages the commercial reputation of competitors. This provision protects the commercial reputation of enterprises and maintains a fair competitive environment.

Protection of Trade Secrets: It provides comprehensive protection for trade secrets, prohibiting illegal acquisition, use, or disclosure of trade secrets. The 2015 revision strengthened the protection of trade secrets, including the introduction of criminal penalties.

Imitation Acts: It prohibits the imitation of others’ product forms. This provision provides protection for new products that have not yet obtained design patents, preventing unfair imitation.

Domain Name Cybersquatting: It prohibits the malicious registration of domain names identical or similar to others’ trademarks or other identifiers. This provision addresses new types of unfair competition in the Internet era.

Remedies: Victims can seek remedies such as injunctions and damages through civil litigation. The law also stipulates punitive damages, allowing for up to triple damages for malicious infringement.

Administrative Enforcement: In addition to civil remedies, unfair competition acts may also face administrative penalties. The competent authorities have the power to investigate unfair competition acts and can take administrative guidance and other measures.

Criminal Liability: For serious unfair competition acts, such as infringement of trade secrets, criminal liability may be pursued.

Extraterritorial Application: The law clearly stipulates jurisdiction over unfair competition acts that occur overseas but affect the Japanese market, to address cross-border unfair competition in the context of globalization.

Reversal of Burden of Proof: In certain types of cases, such as trade secret infringement cases, the law stipulates a reversal of the burden of proof, reducing the burden of proof on rights holders.

1.7 Plant Variety Protection and Seed Act

The Japanese Plant Variety Protection and Seed Act is a specialized law protecting new plant variety rights, initially established in 1998, replacing the previous Seed Law. This law aims to protect the rights of plant breeders and promote innovation in agriculture and horticulture. The following are the main features and contents of the Japanese Plant Variety Protection and Seed Act:

Protected Objects: The Japanese Plant Variety Protection and Seed Act protects new plant varieties, including crops, vegetables, fruit trees, ornamental plants, etc. New varieties must possess novelty, distinctness, uniformity, and stability.

Content of Rights: Variety rights include exclusive rights to produce, reproduce, sell, import and export. Rights holders can prohibit others from using protected varieties’ propagating material without permission.

Application and Examination: Applications for new variety protection need to be submitted to the Ministry of Agriculture, Forestry and Fisheries and undergo substantive examination. The examination includes document review and field growing tests to determine if the variety meets protection conditions.

Duration of Rights: The protection period for variety rights is generally 25 years, and can reach 30 years for trees and fruit trees and other perennial crops. The protection period is calculated from the date of authorization.

Farmers’ Privilege: The law stipulates farmers’ privilege, allowing farmers to retain and use seeds of protected varieties for their own farms under certain conditions, without needing permission from or paying royalties to the rights holder.

Compulsory Licensing: In special circumstances, such as to ensure national food security, the government can implement compulsory licensing, allowing others to use protected varieties.

Essentially Derived Varieties: The law introduces the concept of essentially derived varieties, stipulating that new varieties derived from protected varieties, if retaining the main characteristics of the original variety, require permission from the original variety rights holder for commercialization.

Exhaustion of Rights: Variety rights have a certain principle of exhaustion, meaning that after the rights holder sells the propagating material of the protected variety, the buyer can freely use it, but cannot engage in further propagation.

Infringement and Remedies: Variety rights holders can stop infringement actions and obtain damages through civil litigation. For intentional infringement, criminal penalties may also be faced.

International Protection: Japan is a member of the International Union for the Protection of New Varieties of Plants (UPOV), following the UPOV 1991 Convention. This ensures that Japanese breeders’ rights are protected in other member countries, while also protecting foreign breeders’ rights in Japan.

Variety Registration System: In addition to variety rights protection, the law also establishes a variety registration system, providing certain legal protection for varieties that have not applied for variety rights protection.

Seed Management: The law also stipulates a management system for seed production and sales, ensuring seed quality and maintaining agricultural production safety.

1.8 Integrated Circuit Layout Design Act

Japan’s Integrated Circuit Layout Design Act (Semiconductor Chip Layout Act) is a specialized law protecting integrated circuit layout designs, initially established in 1985, making Japan one of the first countries in the world to enact such legislation. The law aims to protect innovations in integrated circuit layout designs and promote the development of the semiconductor industry. The following are the main features and contents of Japan’s Integrated Circuit Layout Design Act:

Protection Object: The Japanese Integrated Circuit Layout Design Act protects the layout designs (topographies) of integrated circuits. A layout design refers to the three-dimensional configuration design of components and their interconnecting circuitry in an integrated circuit. The focus of protection is on the originality of the design, rather than the underlying ideas or concepts.

Rights Acquisition: Layout design rights are obtained through registration with the Intellectual Property Office of the Ministry of Economy, Trade and Industry. Registration must be completed within two years from the date of first commercial exploitation, otherwise protection eligibility will be lost.

Originality Requirement: To obtain protection, the layout design must be the creator’s own intellectual product and not a commonplace design in the industry. The law does not require novelty or non-obviousness for layout designs.

Rights Content: Layout design rights include the right of reproduction and commercial exploitation. Rights holders can prohibit others from reproducing the protected layout design or manufacturing, importing, and selling integrated circuits containing the layout design without permission.

Protection Period: The protection period for layout design rights is 10 years from the date of registration, or 10 years from the date of first commercial exploitation, whichever is earlier. This duration takes into account the rapid technological updates in integrated circuits.

Fair Use: The law stipulates certain fair use scenarios, such as reproducing layout designs for analysis, evaluation, or teaching purposes. These uses do not constitute infringement.

Reverse Engineering: The law allows for the analysis of marketed integrated circuits through reverse engineering and the creation of new layout designs based on such analysis. This provision aims to balance rights protection with technological innovation.

Exhaustion of Rights: There is a certain principle of exhaustion for layout design rights, meaning that once the rights holder legally sells integrated circuits containing the protected layout design, purchasers can freely use and resell these integrated circuits.

Infringement and Remedies: Layout design rights holders can stop infringement through civil litigation and obtain damages. The law also provides for punitive damages, with intentional infringement potentially resulting in triple damages.

Good Faith Acquisition: The law protects the interests of good faith acquirers. If the acquirer of infringing products does not know and has no reasonable grounds to know that the product infringes others’ rights, they may continue to use or sell the inventory, but may need to pay reasonable compensation.

International Protection: Japan is a signatory to the Treaty on Intellectual Property in Respect of Integrated Circuits (Washington Treaty), and although the treaty has not yet come into effect, Japanese law is consistent with it, providing a basis for international protection.

Administrative Enforcement: In addition to civil remedies, serious infringements may also face administrative penalties such as fines.

Recent Important Amendments to Japanese Intellectual Property Laws

2.1 Patent Law Amendments

The amendments to the Patent Law are aimed at adapting to the needs of technological innovation and economic development in the new era, further improving the patent system, and strengthening intellectual property protection. This revision mainly focuses on two aspects: reform of the patent examination system and strengthening of patent rights protection.

The goal of the patent examination system reform is to improve the quality and efficiency of examinations and promote faster conversion of innovative achievements into patent rights. The main measures include:

• Introduction of a deferred examination system: Allowing applicants to request deferred examination after submitting a patent application, with a maximum delay of 3 years. This gives applicants more time to refine their technical solutions while also helping to alleviate the examination pressure on the patent office.
• Optimization of substantive examination procedures: Simplifying the correction procedures for non-substantive defects to expedite the examination process. Applications that clearly lack novelty or inventiveness can be directly rejected, improving examination efficiency.
• Improvement of the priority examination system: Expanding the scope of priority examination to include key core technologies and green technologies, accelerating the granting of patents for important innovative achievements.
• Establishment of a patent examination collaboration mechanism: Enhancing data sharing and business collaboration between the patent office and other departments to improve the accuracy and comprehensiveness of examinations.

At the same time, to better protect the legitimate rights and interests of patent holders and curb patent infringement, this amendment strengthens patent rights protection. The main measures include:

• Increasing infringement compensation: Raising the upper limit of statutory compensation from 3 million yen to 5 million yen, and introducing a punitive damages system, with up to five times compensation for intentional infringement.
• Extending the protection period for design patents: Extending the protection period for design patents from 10 years to 15 years, aligning with international practices.
• Improving evidence rules: Introducing an obstruction of evidence system, where if the infringer refuses to provide relevant evidence without justifiable reasons, the rights holder’s claims may be presumed to be established.
• Strengthening administrative law enforcement: Expanding the enforcement powers of patent administrative departments, allowing them to take measures such as seizure and detention when investigating cases of patent counterfeiting.
• Establishing a rapid patent infringement processing mechanism: Setting up a green channel for rapid identification and processing of patent infringement disputes involving exhibitions and e-commerce platforms.

2.2 Trademark Law Amendments

The amendments to the Trademark Law aim to improve the trademark registration system, strengthen trademark rights protection, optimize trademark management, and promote fair market competition. This revision mainly focuses on two aspects:

• optimization of trademark registration procedures and strengthening of trademark rights protection.
• The goal of optimizing trademark registration procedures is to improve registration efficiency and promote the timely establishment of trademark rights. The main measures include:
• Introduction of a fast-track examination channel: Establishing a fast-track examination channel for trademark applications with long-term use and certain reputation, shortening the examination cycle.
• Improvement of the opposition system: Shortening the opposition period and simplifying opposition procedures to accelerate trademark registration progress.
• Optimization of rejection review procedures: Simplifying correction procedures for non-substantive issues to improve review efficiency.
• Establishment of an intelligent trademark examination assistance system: Utilizing artificial intelligence technology to assist trademark examination, improving examination accuracy and efficiency.

At the same time, to strengthen trademark rights protection and curb trademark infringement and malicious registration, this amendment increases the intensity of trademark rights protection. The main measures include:

• Increasing infringement compensation: Raising the upper limit of statutory compensation to 5 million yen and introducing a punitive damages system.
• Intensifying crackdown on malicious registrations: Clearly stipulating that malicious trademark registration applications for non-use purposes will be rejected.
• Improving the trademark agency system: Strengthening supervision of trademark agencies and prohibiting their participation in malicious registrations.
• Strengthening administrative enforcement: Granting greater enforcement powers to industrial and commercial administrative management departments to crack down on trademark infringement.
• Establishing a rapid trademark infringement processing mechanism: Establishing a rapid identification and processing mechanism for trademark infringement in areas such as e-commerce platforms and exhibitions.

2.3 Copyright Law Amendments

The purpose of amending the Copyright Law is to adapt to the new requirements of the digital age, strengthen copyright protection, and promote cultural innovation. This revision mainly focuses on two aspects: expanding the scope of copyright protection and strengthening copyright protection measures.

The goal of expanding the scope of copyright protection is to cover new forms of creation and dissemination methods. The main measures include:

• Clearly protecting the copyright of new forms of works such as live streaming and short videos.
• Expanding the protection scope of broadcasting organization rights to include simultaneous online retransmission.
• Improving performers’ rights by adding broadcasting rights and information network transmission rights for their performances.
• Clarifying copyright ownership and protection rules for works generated by artificial intelligence.

At the same time, to strengthen copyright protection and address infringement challenges in the digital environment, this amendment reinforces copyright protection measures. The main measures include:

• Increasing infringement compensation: Raising the upper limit of statutory compensation to 5 million yen and introducing a punitive damages system.
• Improving technical measure protection regulations: Clearly prohibiting acts of circumventing or destroying technical measures and increasing penalties for such acts.
• Establishing a collective copyright management system: Encouraging the establishment of collective copyright management organizations to improve the efficiency of rights holders’ enforcement.
• Strengthening the responsibility of network service providers: Requiring network service providers to take necessary measures to prevent and stop infringement.
• Improving administrative enforcement measures: Granting greater enforcement powers to copyright administrative departments to crack down on infringement.

2.4 Revision of the Anti-Unfair Competition Law

The revision of the Anti-Unfair Competition Law aims to maintain fair competition in the market order and protect the legitimate rights and interests of businesses and consumers. This revision primarily focuses on two aspects: refining the definition of unfair competition behaviors and strengthening legal responsibilities.

The goal of refining the definition of unfair competition behaviors is to adapt to new business models and forms of competition. The main measures include:

• Clarifying unfair competition behaviors in the internet domain: Regulating new types of unfair competition such as big data-based price discrimination and traffic hijacking.
• Improving trade secret protection provisions: Expanding the scope of trade secret protection and strengthening legal protection for trade secrets.
• Regulating online review practices: Prohibiting unfair competition through false transactions, deletion of negative reviews, and other means.
• Clarifying regulations on algorithmic recommendations: Prohibiting the use of algorithms for unfair competition, such as differential pricing and restricting transactions.

At the same time, to increase the crackdown on unfair competition behaviors, this revision strengthens legal responsibilities. The main measures include:

• Increasing fine amounts: Significantly raising the upper limit of fines for unfair competition behaviors to increase the cost of violations.
• Introducing punitive damages: Allowing punitive damages for severe cases of unfair competition.
• Improving the allocation of burden of proof: Appropriately reducing the burden of proof for rights holders in trade secret infringement cases.
• Enhancing administrative enforcement: Granting market regulatory departments greater enforcement powers and improving enforcement efficiency.
• Establishing a multi-department collaboration mechanism: Strengthening cooperation among market regulation, public security, and judicial departments to form a joint force against unfair competition.

The Impact of International Treaties on Japanese Intellectual Property Laws

3.1 Overview of Joining Major International Treaties

3.1.1 Patent Cooperation Treaty

The Patent Cooperation Treaty (PCT), as the core of the international patent application system, has had a profound impact on Japanese patent law. Japan joined the PCT in 1978, becoming one of its early contracting states. Joining the PCT allowed Japanese applicants to seek patent protection in multiple countries through a single international application procedure, greatly simplifying the process of cross-border patent applications. Meanwhile, the PCT system also provided international search reports and international preliminary examination reports for domestic patent examinations in Japan, improving the quality and efficiency of patent examinations.

The implementation of the PCT promoted the internationalization process of the Japan Patent Office, leading it to become an International Searching Authority and International Preliminary Examining Authority under the PCT. This not only enhanced the status of the Japan Patent Office in the international patent field but also provided more convenient international patent application channels for Japanese enterprises and inventors. Furthermore, the PCT facilitated cooperation and exchange between Japan and other member states in the patent field, providing valuable international experience for the improvement and development of Japan’s patent system.

3.1.2 Madrid Protocol

Japan joined the Madrid Protocol in 2000, marking a significant turning point in Japan’s international trademark registration system. The Madrid system provides Japanese businesses with an efficient and economical way to obtain trademark protection in multiple countries and regions. Through a single application and centralized management, Japanese companies can more easily protect their brands globally, which is of great significance for the internationalization strategies of Japanese enterprises.

After joining the Madrid Protocol, Japan made corresponding amendments to its trademark law to accommodate the needs of international trademark registration. This included introducing procedures for international registration applications designating Japan, improving the opposition system, and adjusting trademark examination processes. These changes not only made Japan’s trademark system more internationalized but also enhanced the ability of the Japan Patent Office to handle international applications, further promoting cooperation between Japan and other member states in the trademark field.

3.1.3 Berne Convention

Japan joined the Berne Convention in 1899, becoming one of the earliest Asian countries to join the convention. The Berne Convention laid the foundation for the development of Japan’s copyright law, establishing important principles including automatic protection, national treatment, and minimum protection standards. These principles profoundly influenced the formulation and revision of Japan’s copyright law, promoting the establishment of a copyright protection system in Japan that meets international standards.

As the Berne Convention was revised and developed, Japan also adjusted its copyright law accordingly. For example, extending the term of copyright protection, expanding the scope of protected subjects, and improving the neighboring rights system. Joining the Berne Convention also promoted exchange and cooperation between Japan and other member states in the copyright field, providing strong support for the internationalization of Japan’s creative industries. At the same time, Japan actively participated in the revision and improvement of the convention, contributing wisdom to the development of the international copyright protection system.

3.2 Impact of Treaty Implementation on Domestic Law

3.2.1 Legal Harmonization and Revision

The implementation of international treaties has had a profound impact on Japan’s intellectual property legal system, promoting a series of legal harmonization and revision efforts. These revisions are mainly reflected in the following aspects: First, Japan comprehensively revised its patent law, trademark law, copyright law, and other related laws to ensure consistency between domestic law and international treaties. This included adjusting protected subjects, improving rights content, and modifying procedural provisions.

Second, Japan introduced some new legal concepts and systems, such as the international application system in patent law and the Madrid international registration system in trademark law. The introduction of these new systems not only met the requirements of international treaties but also provided Japanese rights holders with more international protection options. In addition, Japan strengthened intellectual property protection by extending protection periods and increasing infringement compensation standards to meet the minimum protection requirements of international treaties.

During the process of legal harmonization and revision, Japanese legislative bodies fully considered the needs of domestic industrial development and legal traditions, maintaining some local characteristics while complying with international treaty obligations. For example, the unique publishing rights system was retained in the copyright law. This balanced approach allowed Japan’s intellectual property laws to align with international standards while safeguarding national interests.

3.2.2 Improvement of International Application Systems

With Japan’s accession to various international treaties, international application systems have been significantly improved. In the patent field, the Japan Patent Office, as a receiving office, International Searching Authority, and International Preliminary Examining Authority under the PCT, established a complete PCT international application processing mechanism. This includes receiving international applications, conducting international searches, issuing international search reports and written opinions, and conducting international preliminary examinations. Japan also developed an online application system, simplifying the international application procedure and improving application efficiency.

In the trademark field, Japan established a domestic implementation mechanism for the Madrid international registration system. This includes receiving basic applications, forwarding international applications, and examining international registration applications designating Japan. The Japan Patent Office also developed specialized databases and management systems to handle the growing number of international trademark applications.

In terms of copyright, although there is no unified international application system, Japan improved relevant procedures for international copyright protection, such as simplifying the registration procedures for foreign works in Japan and establishing copyright collective management organizations. These measures promoted the protection of Japanese copyright holders’ works overseas and facilitated the protection of foreign works in Japan.

The improvement of international application systems not only enhanced the work efficiency of Japan’s intellectual property offices but also provided convenience for Japanese enterprises and individuals to obtain intellectual property protection globally. This is of great significance for Japan to maintain its international competitiveness in high-tech and creative industries.

3.3 Regional Cooperation and Intellectual Property Clauses in Free Trade Agreements

3.3.1 Trans-Pacific Partnership Agreement

Although the Trans-Pacific Partnership Agreement (TPP) eventually transformed into the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) due to the withdrawal of the United States, its intellectual property clauses still had a significant impact on Japanese law. The TPP intellectual property chapter covered multiple areas including patents, trademarks, copyrights, and trade secrets, requiring member states to provide a high level of intellectual property protection.

To adapt to the requirements of the TPP, Japan made a series of amendments to its intellectual property laws. In the patent field, Japan extended the patent protection period for certain pharmaceuticals to compensate for time lost during the approval process. In terms of copyright, Japan extended the copyright protection period from 50 years to 70 years after the author’s death and strengthened legal protection for technological protection measures. In the trademark field, Japan enhanced protection for well-known trademarks and improved the geographical indication protection system.

The TPP also prompted Japan to strengthen intellectual property enforcement measures. For example, Japan introduced a statutory damages system, increased compensation for willful infringement, and enhanced customs’ power to seize infringing goods. These changes not only elevated Japan’s level of intellectual property protection but also strengthened Japan’s voice in the formulation of international intellectual property rules.

3.3.2 Japan-EU Economic Partnership Agreement

The Japan-EU Economic Partnership Agreement (EPA) is an important free trade agreement between Japan and the European Union, with its intellectual property chapter having a significant impact on Japanese law. The agreement requires both parties to achieve high standards in intellectual property protection and enforcement, covering multiple areas including patents, trademarks, designs, copyrights, and geographical indications.

To implement the EPA, Japan made a series of adjustments to its intellectual property laws. In terms of geographical indication protection, Japan improved its geographical indication registration system and strengthened protection for EU geographical indications. In the copyright field, Japan further extended the protection period for certain types of works and strengthened legal protection for technological protection measures. In the patent field, Japan improved patent examination procedures, shortened examination cycles, and strengthened patent protection.

The EPA also prompted Japan to enhance intellectual property enforcement measures. For example, Japan improved its temporary injunction system, increased penalties for counterfeiting and piracy, and strengthened customs’ ability to seize infringing goods. These changes not only elevated Japan’s level of intellectual property protection but also promoted cooperation and exchange between Japan and the EU in the field of intellectual property.

Conclusion

The development of Japan’s intellectual property legal system reflects its strategic positioning and unremitting efforts as a major technological innovation nation. From historical evolution to modernization process, Japan has constructed a comprehensive and systematic intellectual property legal framework covering multiple areas such as patents, trademarks, and copyrights. In recent years, Japan has continuously improved and strengthened its intellectual property protection system through a series of important revisions to address the challenges of the digital age and promote innovation-driven development.

The accession to and implementation of international treaties have had a profound impact on Japanese intellectual property laws, promoting legal harmonization and revision, and improving international application systems. At the same time, intellectual property clauses in regional cooperation and free trade agreements have further promoted the internationalization and modernization of Japan’s intellectual property system. These reforms have not only enhanced Japan’s status in the global intellectual property field but also provided strong support for the protection of Japanese enterprises’ intellectual property in the international market.