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ENGLISH SEMINAR OF ENGLISH SEMINAR OF INTELLECTUAL PROPERTY BY IP GRADUATE SCHOOL UNION - FUTURE OF INTELLECTUAL PROPERTY IN ASIA IN ASIA - Date : August 26 to 30, 2013 Date : August 26 to 30, 2013 Place: Tokyo University of Science, Morito Memorial Hall (4-2-2 Kagurazaka, Sinjuku-ku, Tokyo, JAPAN) Under the auspices of JAUIP In cooperation with WIPO, JIPA, IPAJ

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Page 1: ENGLISHSEMINAROFENGLISH SEMINAR OF INTELLECTUAL PROPERTY ... · englishseminarofenglish seminar of intellectual property by ip graduate school union-future of intellectual property

ENGLISH SEMINAR OFENGLISH SEMINAR OF INTELLECTUAL PROPERTY

BY IP GRADUATE SCHOOL UNION

- FUTURE OF INTELLECTUAL PROPERTY IN ASIAIN ASIA -

Date : August 26 to 30, 2013Date : August 26 to 30, 2013Place: Tokyo University of Science, Morito Memorial Hall

(4-2-2 Kagurazaka, Sinjuku-ku, Tokyo, JAPAN)

Under the auspices of JAUIPIn cooperation with WIPO, JIPA, IPAJ

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GreetingsGreetings

In 2012, a nonprofit educational organization, the Japan Association of Universities for Intellectual Property Education and Research (JAUIP), has organized a first summer English seminar for IP studies in Japan. This seminar was intended for students from Asia or emerging countries who were interested in studying intellectual property in English.

This year, the JAUIP plans to organize a likewise seminar for the period from August 26 through August 30 in Tokyo. There is another intensive seminar IP course in Osaka to be sponsored by Osaka Institute of p yTechnology (OIT) from September 2 through September 6. The Osaka-round seminar accepts students from the OIT allied and non-allied universities (non-allied students need to enroll from June 24 through July 6, 2013※),while the Tokyo-round seminar is open for students from

f i t d t t d i i Joverseas or foreign students studying in Japan.※http://www.oit.ac.jp/ip/graduate/curriculum/kamoku_en.html

This yearʼs JAUIP summer seminar is going to provide more sophisticated IP-oriented program than that in last year with supportssophisticated IP oriented program than that in last year with supports from IP-friendly organizations such as the World Intellectual Property Organization (WIPO), the Intellectual Property Association of Japan (IPAJ) and the Japan Intellectual Property Association (JIPA). The program comprises basic lectures and advanced lectures, which will be featured with group discussions. The program will be highlighted with the visits to and tours of the Intellectual Property High Court and the Japan Patent Office.

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Details (Tokyo seminar)Details (Tokyo seminar)

Period: August 26- 30, 2013 Place: MORITO Memorial Hall (Kagurazaka, Tokyo) http://www.sut.ac.jp/en/campus/kagurazaka.html Registration fees: 3,000 yen for students 20,000 yen for non-students Seat Capacity: 70 Language: English Program director:

Prof. FUJINO, Jinzoo UJ O, J o(Tokyo University of Science, Graduate School of Intellectual Property Studies)

Prof. KATO, Hiroshi (Nihon University Graduate School of Intellectual Law IP Property)(Nihon University, Graduate School of Intellectual Law, IP Property)

Inquiry: [email protected]

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Program (Tokyo seminar)Program (Tokyo seminar)August 26(Mon) August 27(Tue) August 28(Wed) August 29(Thu) August 30(Fri)

Introduction Basic Advanced Advanced TourIntroduction Basic Advanced Advanced Tour

Morning

Registration10:00~

Patent LawHiroshi Kato9:00~10:20

Intellectual property policyHiroshi Kato9:00~10:20

Quo Vadis, the Japanese Electronics Industry?Makoto Ogino9:00~10:20

Visit to Intellectual Property High Court11 00 12 00

g11:00~12:00Guidance

10:30~11:50Design LawKimiaki Suzuki10:30~11:50

Introduction of patent licensing and patent poolsTsutomu Kigoshi10:30~11:50

Intellectual Property FormulationYoshitoshi Tanaka10:30~11:50

LunchBreak

Lunch Break11:50~13:30

Lunch Break11:50~13:30

Lunch Break11:50~13:30

Lunch Break11:50~13:30

Lunch Break12:00~13:30

International Debates on

Trademark Law and Unfair Competition

Globalization of Japanese Industry

Patent, Industry Standard and Anti-Monopoly Law

Visit to Japan Patent Office

Afternoon

Debates on Intellectual PropertyKen-Ichiro Natsume (WIPO)13:30~14:50

Unfair Competition Prevention LawHiromichi Aoki13:30~14:50

Japanese Industry and IP system in ASIA(1)Toshiya Watanabe & Takeshi Ueno13:30~14:50

and Anti Monopoly LawJinzo Fujino13:30~14:50

Patent Office14:00~16:00

13 30 14 50

Panel DiscussionPanelist (TBA) 15:10~16:30

Copyright LawHisa Miyatake15:10~16:30

Globalization of Japanese Industry and IP system in ASIA(2)Toshiya Watanabe &

Group WorkJinzo FujinoYoshitoshi TanakaAll Attendees15:10 16:30Toshiya Watanabe &

Takeshi Ueno15:10~16:30

15:10~16:30

Reception ― ― Closing Ceremony ―

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Lecture List(1)Lecture List(1)

“International Debates on Intellectual Property”- Whatʼs happening in the International Arena?

-Intellectual property is not far from our daily life.

“Patent Law”- How does the Japanese Patent Law contribute

to the industrial development? -The Japanese Patent Law encourages the inventionIntellectual property is not far from our daily life.

Indeed, you may have read news on disputes over intellectual property including international patents.International negotiations to develop international intellectual property frameworks that positively promote innovation and creativity are taking place. What is the nature of these negotiations? An

i f i t ti l di i d

The Japanese Patent Law encourages the invention and contributes to the industrial development. By this lecture, an outline of the Japanese Patent Law is explained, and a feature of the Japanese Patent Law is discussed in comparison with the Patent Laws of the major countries. Moreover, a direction of the recent Patent Law revisions is explained, and how the overview of international discussions and

interventions, including brief outlines of the issues on the table as well as the activities of international organizations such as World Intellectual Property Organization (WIPO), will be provided in this lecture and supported by instructive examples.

p ,Japanese Patent Law contributes to the industrial development is discussed.

“Future direction of International Intellectual Property System”- How is International Intellectual Property

System going to be changed in the future? -In late years the center of an application and the

“Design Law”- Enhanced implications on IP strategy -

Prof. Suzuki will survey the Design Law in Japan and explain the legal framework to protect a product design through proceedings before the Patent OfficeIn late years, the center of an application and the

acquisition of intellectual property rights are shifting from the developed countries to Asia and the newly emerging countries, and the world geography of intellectual property rights changes greatly.Experts are invited as panelists, and the current situation and issues of the international intellect

design through proceedings before the Patent Office. His lecture will explain an emerging significance of the Design Law in the intellectual property law system.

situation and issues of the international intellect property system are considered, and the future direction is discussed with panelists.

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Lecture List(2)Lecture List(2)

“Trademark Law and Unfair Competition Prevention Law”- Registered Trademarks VS. Unregistered

Trademarks -

i d d k d d

“Intellectual property policy”- How has the Japanese intellectual property

policy influenced on the Japanese society? -The Japanese intellectual property policy took some

l i hi h i th (f 1950' t 1973)In Japan, registered trademarks are protected under the Trademark Law, while unregistered trademarks are protected under the Unfair Competition Prevention Law. In this lecture I will provide an explanatory outline of these laws, and compare their effectiveness with reference to relevant court cases.

roles in high economic growth (from 1950's to 1973). Recently, Basic Law for intellectual property was established in 2002, and an intellectual property policy has been rapidly promoted as a state policy. By this lecture, the past trend and the current situation effectiveness with reference to relevant court cases.

Thus, the lecture addresses the following question: Is protection provided for a registered trademark stronger than that provided for an unregistered trademark?

of the Japanese intellectual property policy are explained, and how the Japanese intellectual property policy influenced on the Japanese society is discussed.

“Copyright Law”- News from Japanʼs Copyright World in 2013 -

What is the task of Japanʼs copyright system in the Global Age when business, information, money, human resources come and go freely beyond national

“Introduction of patent licensing and patent pools”- No IP management, No future of company? -

In this lecture, I will explain the outline of Intellectual P t (IP) t d i ti l t thuman resources come and go freely beyond national

borders? In this lecture, a couple of aspects of Japanʼs Copyright Law will be examined in connection with the cultural trade with other countries. In particular, the focus will be placed on Japanese copyrightʼs “protection term” of 50 years, which has been under pressure from the United States and EU

Property (IP) management and, in particular, patents and mention patent licenses and patent pools as actual use of IP rights. Based on my experience as an in-house patent attorney and patent engineer for 20 years for the IP department of major foreign companies, IBM and Technicolor, I will explain them been under pressure from the United States and EU

to extend 70 years. Also, the hot issue of “TPP (Trans-Pacific Partnership) and IP (intellectual property)” will be reviewed.

p , , pclearly with some examples.

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Lecture List(3)Lecture List(3)

“Globalization of Japanese Industry and IP system in Asia”

Last decade, Japanese industry business activity has been globalized dramatically especially in Asian area

“Quo Vadis, the Japanese Electronics Industry?”- How did it learn from the U.S. pro-patent

strategies? -

This lecture goes through the history of IP activities ofbeen globalized dramatically, especially in Asian area. As the result, technology transfer from Japan to Asia has been increasing rapidly. Because technology transfer from Japanese industry usually includes manufacturing technology, it has contributed to create jobs resulting in growing economy in the area,

This lecture goes through the history of IP activities of the Japanese electronics industry, particularly in connection with the U.S.-Japan relationship, and tries to find out possible reasons why the industry, which must have learned a lot from the U.S. pro-patent strategies, could not effectively utilize its IP assets tocreate jobs resulting in growing economy in the area,

it is requested by many countries. On the other hands, in order to facilitate technology transfer, there are many issues to solve, because technology transfer is regulated by local IPR systems which are different among nations

strategies, could not effectively utilize its IP assets to protect its market from Asian competitors.

“Intellectual Property Formulation”- Do you really understand “strategy which are different among nations.

<First Session and Second Session>

In this class program the effect of globalization on

y y gyformulation process”? -

Utilization of IP is still not yet matured because of lack of IP Strategy. Each enterprise has to define unique IP strategy, which shall be differentiated by

h i b h id iIn this class program, the effect of globalization on IPR activity of Japanese leading industry is introduced in the first session. In the second session, future IPR system in the Asian area is discussed from the industrial stand point of views by group discussion.

other enterprises because the outside environment and internal resource are different. IP people have to have better understandings on strategy making process. Then, IP expertise based on IP laws and its practices shall be integrated with the process. In this l l h t i t t IP ti i tclass, you can learn how to integrate IP expertise into

strategy formulation process.

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Lecture List(4)Lecture List(4)

“Patent, Industry Standard and Anti-Monopoly Law”- Required harmonization in ICT business -

In the ICT fields, among others, companies attempt t t t th i R&D hi t b t t Whil

“Visit to Intellectual Property High Court”

The Intellectual Property High Court (IP High Court) is established in April, 2005 as the court of law which is mainly in charge of the suit related to intellectual propertyto protect their R&D achievements by patents. While

doing so, they attempt to diffuse them as industry standards. This often causes a question of the Anti-Monopoly law violation. A good example is a legal dispute among smart phone manufacturers, in pa tic la Apple Sams ng The lect e ill disc ss

mainly in charge of the suit related to intellectual property rights. Since then, it has contributed to the solution to dispute concerning intellectual property rights. In this course, we actually visit the Intellect Property High Court, and we have a observation of IP High Court and a message particular, Apple v. Samsung. The lecture will discuss

why the enforcement of standard-essential patent is being questioned a violation of the Anti-Monopoly law. The lecture will survey the Anti-Monopoly Guidelines for the patent pool arrangements and intellectual property license agreements

g gfrom director of IP High Court and etc.

“Visit to Japan Patent Office”property license agreements.

“Group Work”

Based on the knowledge acquired through the whole

pJapan Patent Office (JPO), which is one of the government offices, is in charge of an examination and appeal examination of the patent, the utility model, the design, the trademark. Recently, JPO is also in charge of Based on the knowledge acquired through the whole

of this seminar, each group discusses "Future of the intellectual property in Asia“. Member of each group is decided in the guidance of the first day. Each group makes presentation based on the group discussion.

intellectual property administration widely including the dissemination of IP system and etc. In this course, we actually visit the JPO, and we have observation of the JPO and explanation from examiner of the JPO and etc.

After the presentation, the lecturers provide some comments.

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Faculty List(1)Faculty List(1)

Kimiaki Suzuki

Professor at the Graduate School of Innovation Studies, Tokyo University of Science He received B.Agr. Degree from U i it f T k i 1990 Aft ki i

Ken-Ichiro Natsume

Head, Japan Office, World Intellectual Property Organization (WIPO)Previous occupation :Examiner and Appeal Examiner of Japan Patent Office University of Tokyo in 1990. After working in

Canon inc. and Japan Patent Office, he was appointed as an assistant professor of at the Graduate school of Tokyo University of Science in 2005, and was promoted to his present position in 2013. He has been a

Appeal Examiner of Japan Patent Office, Director for multilateral policy division of Japan Patent Office, First Secretary of the Permanent Mission of Japan to the United Nations and Other International Organizations in Geneva, Ministry of Foreign Affairs p p

Patent attorney since 2005.

Hiromichi Aoki

Partner, Patent Attorney of Yuasa and HaraVisiting Professor Kanazawa Institute of

Hiroshi Kato

Foreign Affairs

Visiting Professor, Kanazawa Institute of TechnologyFormer, Visiting Professor, School of Law, Hokkaido University Book: “Brand and Design as Intellectual Property Rights” published by Yuhikaku Co., Ltd. (2007)

Nihon University, Graduate School of Intellectual Property, Professor (Patent Attorney)Previous occupation: Examiner / Appeal Examiner in the Japan Patent Office,

i t t f t G d t I tit t f

Hisa Miyatake

Professor, Tokyo University of Science. Former Professor of Yokohama National U i it F t / dit K d

assistant professor at Graduate Institute for Policy Studies (GRIPS)

University. Former reporter/editor, Kyodo News, Tokyo. Fellow for Nieman Foundation for Journalists at Harvard University. Former Chief Press Officer, 2002 FIFA World Cup Korea/Japan.

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Faculty List(2)Faculty List(2)T t Ki hi Makoto OginoTsutomu Kigoshi

VP of Asian Patent Operations, Thomson Engineering Laboratories, Ltd., a Japan subsidiary of Technicolor SA.Visiting professor of Toranomon graduate

Makoto Ogino

Professor, Tokyo University of Science, Graduate School of Innovation Studies MIPGeneral Manager, Intellectual Property and Licensing Div Hitachi Kokusai Electric Incschool of Kanazawa Institute of Technology

(KIT)Former manager of IP department of IBM Japan

Licensing Div. , Hitachi Kokusai Electric, Inc. (- Mar. 2012); Vice President, Japan Licensing Executive Society

Yoshitoshi Tanaka

Toshiya Watanabe

Prof. Policy Alternatives Research Institute ,The University of Tokyo Vice President Intellectual Property

Yoshitoshi Tanaka

Professor of Graduate School of Innovation Management, Tokyo Institute of Technology1980-1991: Japan Patent Office, Science

and Technology Agency, UCLA1992-2002: Swedish enterprise Tetra PakVice President, Intellectual Property

Association of Japan(IPAJ)1992-2002: Swedish enterprise Tetra Pak, 2002-present: Tokyo Institute of Technology.

Patent attorney registered since 1994. Director, Japan MOT Society. Member of Intellectual Property Association of Japan, Japan Society for Science Policy and R h M t AIPPI t

Jinzo Fujino

Professor, Tokyo University of Science, School of Innovation Studies Department of

Research Management, AIPPI, etc.Takeshi Ueno

Senior Counsel, Intellectual Property Law Department, IBM JapanPresident of Japan Intellectual Property School of Innovation Studies, Department of

Intellectual Property StudiesPresident of Japan Intellectual PropertyAssociation(JIPA)

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Access InformationTokyo University of Science Morito Memorial HallTokyo University of Science, Morito Memorial Hall

Tokyo University of Science Morito Memorial Hall(4-2-2 Kagurazaka, Sinjuku-ku, Tokyo,

15 Morito Memorial Hall

( agu a a a, S ju u u, o yo,JAPAN )

http://www.sut.ac.jp/en/campus/kagurazaka.html

JR West Exit at Iidabashi Station on Sobu Line, 8 minutes on foot

Subway B3 Exit at Iidabashi Station on :Tokyo Metro Yurakucho Line, Tozai Line, Namboku Line,

i S b Oh d iToei Subway Oh-edo Line ;5 minutes on foot

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Access Information I t ll t l P t Hi h C tIntellectual Property High Court

Intellectual Property High Court(17th floor of the Tokyo Court Complex, K i ki 1 1 4 Chi d k T k )Kasumigaseki 1-1-4, Chiyoda-ku, Tokyo)

http://www.ip.courts.go.jp/eng/info/access/index.html

ACCESS ROUTES:Approximately 3 minutes walk from Sakuradamon

Station, Tokyo Metro Yurakucho LineApproximately 2 minutes walk from KasumigasekiApproximately 2 minutes walk from Kasumigaseki

Station, Tokyo Metro Marunouchi Line, Hibiya Line, and Chiyoda Line

Approximately 10 minutes walk from Uchisaiwaicho Station, Toei Mita Line

Approximately 13 minutes walk from Hibiya StationApproximately 13 minutes walk from Hibiya Station, Toei Mita Line

Approximately 15 minutes walk from Yurakucho Station, JR

Approximately 15 minutes walk from Shimbashi Station, JR

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Access Information J P t t Offi (JPO)Japan Patent Office(JPO)

JAPAN PATENT OFFICE3-4-3 Kasumigaseki3-4-3, Kasumigaseki, Chiyoda-ku, Tokyo

http://www.jpo.go.jp/cgi/linke.cgi?url=/shoukai e/soshiki e/tigi?url=/shoukai_e/soshiki_e/tizue.htm

5 min. on foot from Kasumigaseki Station,Marunouchi Line, Chiyoda Line or Hibiya Line5 min. on foot from Kokkai-Gijido-Mae Station,Marunouchi Line or Chiyoda LineMarunouchi Line or Chiyoda Line3 min. on foot from Toranomon Station,Ginza Line

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Osaka Institute of Technology (OIT)IP Graduate School Summer Intensive Course 2013

Advanced Study of Comparative Intellectual Property LawsDate School Hour Subject Lecturer

9/2(Mon) 17:30~18:00 Opening Remarks and Guidance

Advanced Study of Comparative Intellectual Property Laws

18:00~20:00 Welcome Party

9/3(Tue) 9:30~12:30 Introduction to US Judicial System and LitigationJudicial system and litigation in US will be broadly explained. Difference from our system especially tribunal basis including equity and common law case

Naoki YOSHIDA (Attorney, U.S. Attorney)

tribunal basis including equity and common law, case law, jury system will be clarified.

14:00~17:00 Introduction to US Patent SystemBasic of US patent requirements, namely patentability novelty, un-obviousness, disclosure, and best mode,

Hiroyuki HAGIWARA (Patent Attorney, U.S. Attorney)

will be given. Infringement and fraud will be referred to.

9/4(Wed) 9:00~12:00 US Patent Law ReformUS Patent Law will be reformed drastically. The details of the reform will be clarified.

Barry Bretschneider (U.S. Attorney)

12:00~17:00 Visit in Osaka (Fukami Patent Office etc. ) Professors of OIT

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Osaka Institute of Technology (OIT)IP Graduate School Summer Intensive Course 2013

Advanced Study of Comparative Intellectual Property LawsDate School Hour Subject Lecturer

9/5(Thu) 9:30~12:30 US Patent Case LawCase law referred to at "Introduction to US Patent

Robert Hollingshead (U.S. Attorney)

Advanced Study of Comparative Intellectual Property Laws

Case law referred to at Introduction to US Patent System" will be explained in detail.

14:00~17:00 International IP LicenseInternational IP License including non-typical IPRs i.e. trade secret, digital contents etc. will be discussed.

Yukihiro TERASAWA(Attorney, U.S. Attorney)

9/6(Fri) 12:30~17:00 Group DiscussionStudents will make presentations on intellectual property issues and discuss with professors and other students.

Professors of OIT

17:00~18:30 The Patent System in the History of TechnologyThis is the special keynote speech of the OIT Summer Intensive Course. The World Patent System will be analyzed from the viewpoint of the history of technology and current challenge against world patent

Tadashi ISHII (Pofessor emeritus, OIT)

system will be clarified. Further some solution thereto will be given.

18:30~20:30 Summer Course Completion Ceremony and Farewell Party

9/7( ) O S9/7(Sat) Full Day Excursion OIT Students

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Access Information(O k In tit te of Technolog Omi C mp )(Osaka Institute of Technology, Omiya Campus )

Osaka Institute of Technology, Omiya Campus (5-16-1 Omiya, Asahi Ward, Osaka City, Osaka 535-8585 Japan )http://www.oit.ac.jp/english/about/access.html

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InquiriesInquiries

Japan Association of Universities for Intellectual Property Education and Research(JAUIP)(JAUIP)

InquiriesTokyo University of Science, MIP CampusCentral Plaza 2F, 4-25-1-12Iidabashi, Chiyoda-ku, Tokyo, JAPAN, y , y ,TEL:+81-3-5225-6338

About Summer Seminar About Summer SeminarE-Mail: [email protected]

Contact (General address)E-Mail: [email protected]