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JPO’s Experience in Promoting Intellectual Property (IP) and Cooperative Activities with African Countries March 25, 2015 Kunihiko Shimano Director General Patent Examination Department Japan Patent Office

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Page 1: JPO’s Experience in Promoting Intellectual Property (IP ... · Training of trainers about Effective Intellectual Property Asset Management by Small and Medium Sized Enterprises

JPO’s Experience in Promoting Intellectual Property (IP) and Cooperative Activities with

African Countries

March 25, 2015 Kunihiko Shimano Director General

Patent Examination Department Japan Patent Office

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About Japan

© The Tokyo Organising Committee of the Olympic and Paralympic Games.

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1. Overview of JPO

2. National IP Policy in Japan

3. Japanese Industries’ Growing Interest in Africa

4. JPO’s Cooperative Activities with Africa

Agenda

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1. Overview of JPO

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Agency of Natural Resources and Energy

Japan Patent Office

Small and Medium Enterprise Agency

1-1. Location and Organization

TOKYO

Ministry of Economy, Trade, and Industry

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1-2. JPO Building

5

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1-3. Inside the JPO

Trademark and Customer Relations Dept.

General Affairs Dept.

Patent and Design Examination Dept.

Japan Patent Office

Trial and Appeal Dept.

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1. Granting industrial property rights

2. Establishing initiatives on industrial property

3. Promoting international harmonization and

assistance to developing countries

4. Reviewing the industrial property rights system

5. Supporting SMEs and universities

6. Providing information and services involving

industrial property

1-4. Role of the JPO

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Total: 2,837 employees (FY2014)

Office workers

Administrative Judges

Trademark Examiners

Design Examiners

Patent Examiners 1,702

557

387

142 49

1-5. Personnel in the JPO

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2. National IP Policy in Japan

Page 11: JPO’s Experience in Promoting Intellectual Property (IP ... · Training of trainers about Effective Intellectual Property Asset Management by Small and Medium Sized Enterprises

2-1. Improvement of IP and Development of Economy

1884 Enacted Trademark Law 1885 Enacted Patent Law (Established the Patent Office)

1888 Enacted Design Law

Development of Japan’s IP system

10

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2-2. Improvement of IP and Development of Economy

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1900 1950

2000 Patent Application GDP

• Positive correlation between Number of Patent Applications and GDP

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• In the late 1990s, there was growing concern about the decline in the international competitiveness of Japanese industries

Sources: IMD “World Competitiveness Yearbook 2001”, etc

2-3. Background of the need for National IP strategy

1991 2001 1991 2001

2nd 1st 1st

26th

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“As one of our national goals, I will ensure that the results of research activities and creative endeavors are translated into intellectual properties that are strategically protected and utilized so that we can enhance the international competitiveness of Japanese industries.”

2-4. Policy Statement by then PM Koizumi (Feb. 2002)

* Strategic Council on Intellectual Property: formed February 2002 and consisted of relevant ministers and senior figures from industry and academia

Then Prime Minister Koizumi

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Intellectual Property Strategic Program

Intellectual Property Strategy Headquarters (Head: Prime Minister Established: 2003)

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2-5. National IP Strategy

JPO Customs

Ministry of Economy, Trade and Industry

… and all other institutions involved in IP

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IP High Court • Established in April 2005 • Specialized in intellectual property cases

2-6. National IP Strategy - Actions

(cases)

9.8 8.5 7.6

7.7 10

8.5 7.5 7.7

6.7

0

2

4

6

8

10

12

0

20

40

60

80

100

120

2005 2006 2007 2008 2009 2010 2011 2012 2013

(months)

6.7

Number of New Civil Cases Received and Average Time Needed from Commencement to Final Decision

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• Sending IP experts to SMEs and universities • Offering consultations and advice to SMEs at local offices

Strengthening IP Management at SMEs

2-7. National IP Strategy - Actions

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2-8. VIDEO

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3. Japanese Industries’ Growing Interest in Africa

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Year 2000

Year 2014

4.6 US $billion

9.3 US $billion (Source) Ministry of Finance

19

3-1. Japanese Industries’ Interest in Africa is Growing…

Japanese Exports to Africa

2-fold growth in 14 years

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0

1

2

3

4

5

6

7

1997 2002 2007 2012

(US$ billion)

(Source) JETRO

20

3-2. Japanese Industries’ Interest in Africa is Growing…

Japanese FDI to Africa

12-fold growth in 15 years

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Year 2006

Year 2014

336

584 (Source) Ministry of Foreign Affairs

21

Number of Japanese Companies in Africa

3-3. Japanese Industries’ Interest in Africa is Growing…

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Japanese Companies Operating in Africa (Automobile Sector)

Nigeria Honda,

Mitsubishi, Suzuki

South Africa Bridgestone, Denso, Hino, Isuzu, Mitsubishi, Nissan,

Toyota, etc.

Zimbabwe Mazda

Egypt Isuzu, Mitsubishi, Nissan,

Suzuki, Toyota, etc Morocco Sumitomo,

Yazaki

Kenya Isuzu, Hino,

Honda, Nissan

Tunisia Sumitomo,

Yazaki

(Source) African Development Bank, June 2014

3-4. Japanese Industries’ Interest in Africa is Growing…

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(Piston Clutch, Head light)

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3-5. …But Some Problems Remain in Doing Business

(Source) Japan Intellectual Property Association

Examples of Counterfeit Honda Auto Parts Found in Africa

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Genuine Counterfeit

Clutch disc (Aisin)

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3-6. …But Some Problems Remain in Doing Business

(Source) Japan Intellectual Property Association

Examples of Counterfeit Auto Parts Found in Africa

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3-7. …But Some Problems Remain in Doing Business

Counterfeit auto parts can cause fatal accidents

http://stopfakebearings.com/

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3-8. Requests from Japanese Industries

Examples of Requests from Japanese Industries on IP in Africa

1. Easier access to intellectual-property information and data

2. Prompt & reliable examination on and registration of industrial property filings

3. Accession by more countries to regional IP protection systems such as ARIPO and OAPI (or establishment of greater regional IP Office)

4. Easier access to legal professionals (patent attorneys) and improvement in their legal skills

5. Greater enforcement of customs measures to combat against counterfeit/pirated goods

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4. JPO’s Cooperative Activities with Africa

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- WIPO Japan Funds-in-Trust

- Support programs implemented under the JPO’s own budget

4-1. Overview

- In order to assist African countries to improve their IP systems, the JPO has initiated various activities under the following frameworks:

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Self-sustained Economic Development in Africa through Intellectual Property

In FY 2008, the JPO made a new contribution to setting

up a New Japan Fund for African countries

WIPO Japan Fund

Asia & Pacific Region

African Region

Main Objectives

• Build awareness on the importance of the industrial property system

• Give assistance to countries in establishing/strengthening their industrial property laws and institutions

• Develop human resources

- Established in 1987 - Voluntary contributions for improving, enforcing and

computerizing system in the field of industrial property in developing countries

4-2. WIPO Japan Funds-In-Trust

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- Workshops & Seminars

- Expert Advisory Missions

- IP Education and Training

- Producing/providing public outreach materials

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4-3. Activities under Japan Funds-in-Trust

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DATE & VENUE SUBJECT Lisbon, Portugal, April 9 to 11, 2014

Training of trainers about Effective Intellectual Property Asset Management by Small and Medium Sized Enterprises (SMEs) in Portuguese-Speaking African Countries (PALOP)

Sao Tome, Sao Tome and Principe May 19 to 21, 2014

Seminar on the Effective Utilization of the Technical and Scientific Information and Enhanced Trainers’ Training

Lome, Togo June 10 & 11, 2014

High-level Sub-regional Meeting for Parliamentarians on the Contribution Intellectual Property System Makes to Economic, Cultural, Social and Technological Development of States

Workshops and Seminars under Japan Funds-in-Trust (FY2014)

4-4. JPO’s Cooperative Activities with Africa

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DATE & VENUE SUBJECT

Dakar, Bambey, and Thiès, Senegal, June 10 to 14, 2014

Seminar on the effective use of technical and scientific information, enhanced training of trainers, and official TISC Launch

Lusaka, Zambia July 16-18, 2014

Meeting on Developing the TISC Project: Innovation Support Seminar, Training of Trainers Workshop and TISC Project Planning Meeting

Dar es Salaam & Zanzibar, Tanzania September 4 & 5 and 8 & 9, 2014

Technology and Innovation Support Center (TISC) Seminar on the Effective Use of Technical and Scientific Information

Workshops and Seminars under Japan Funds-in-Trust (FY2014)

4-5. JPO’s Cooperative Activities with Africa

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DATE & VENUE SUBJECT Casablanca, Morocco October 21-23, 2014

Regional Policy Dialogue on the Importance of the Elaboration and Implementation of National Policies relating to Intellectual Property and the Promotion of Research and Innovation for Competitiveness

Harare, Zimbabwe October 27 & 28, 2014

Workshop on Human Resource Development of IP Experts for ARIPO member states and observer States

Pretoria, South Africa October 29 & 30, 2014

Regional Colloquium on Building Respect for IP for Members of the Judiciary of the Common Law English-speaking countries of the Southern African Development Community (SADC)

Workshops and Seminars under Japan Funds-in-Trust (FY2014)

4-6. JPO’s Cooperative Activities with Africa

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DATE & VENUE SUBJECT Accra, Ghana February 23 to 25, 2015

WIPO Meeting on Developing the TISC Project: Second Workshop on the Effective Use of Technical and Scientific Information, Training of Trainers and TISC Project Planning Meeting

Ouagadougou, March 23 & 24, 2015 Bobo-Dioulasso, March 26 & 27, 2015

Project for Establishing the TISC: Seminar on the Effective Use of Technical and Scientific Information

Workshops and Seminars under Japan Funds-in-Trust (FY2014)

4-7. JPO’s Cooperative Activities with Africa

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Training Courses in Tokyo (1996 – 2014) - Subjects include:

IP Administration, IP Examination Practice, IP Enforcement, ICT, etc.

- Total of 81 trainees invited from countries in Africa

Photo: ARIPO Photo: JPO 35

4-8. JPO’s Cooperative Activities with Africa

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Photo: OAPI 36

Masters Degree in Intellectual Property (MIP) - About 10 students have been provided with scholarships each

year since 2010,to enroll in WIPO’s MIP programs at: - Africa University (Mutare, Zimbabwe)

(in cooperation with ARIPO) - Yaoundé II University (Yaoundé, Cameroon)

(in cooperation with OAPI)

4-9. JPO’s Cooperative Activities with Africa

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Thank you

[email protected] Tel: +81-3-3503-4698 (Direct)

Fax: +81-3-3581-0762