EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

09.11.11

Cablegate: Japan Working to Cultivate More Patent Monopolies in China, Rooting for Global Patent System (With Software Patents)

Posted in Asia, Cablegate, Law, Patents at 4:25 am by Dr. Roy Schestowitz

Cablegate

China-Japan locator

Summary: A 5-year-old vision of a world where patent lawsuits can be filed globally and the rules on patents not prescribed based on domestic interests

The United States and Japan are the primary two countries that foster software patents, with perhaps a few more on the verge, e.g. Korea (see this recent trade agreement).

The following Cablegate cable states that “JIPA’s goal is to improve the quality of patent examination in China as the Chinese government rapidly increases the number of patent examiners to correspond to the increased number of patent applications filed in China.”

It also alludes to the EU Patent when it says that “JIPA strongly supports the Trilateral Initiative — which he referred to as a “Global Patent System” — of the Japan Patent Office (JPO), US Patent Office (USPTO) and the EU Patent Office (EUPO) to establish a system of sharing examination results so that a patent applicant could use the examination results from one patent office to petition for expedited processing in another office. He noted that similar discussions were taking place within WIPO but were going nowhere because of the huge differences in approach and capabilities.”

This cable from 2006 is added below in its entirety.


VZCZCXRO4870
PP RUEHFK RUEHKSO RUEHNH
DE RUEHKO #0617/01 0340831
ZNR UUUUU ZZH
P 030831Z FEB 06
FM AMEMBASSY TOKYO
TO RUEHC/SECSTATE WASHDC PRIORITY 8244
INFO RUCPDOC/DEPT OF COMMERCE WASHINGTON DC PRIORITY
RUEHBJ/AMEMBASSY BEIJING 0390
RUEHGV/USMISSION GENEVA 2747
RUEHKSO/AMCONSUL SAPPORO 5615
RUEHOK/AMCONSUL OSAKA KOBE 7468
RUEHFK/AMCONSUL FUKUOKA 4409
RUEHNH/AMCONSUL NAHA 7056
RUESLE/AMCONSUL SHANGHAI 1972
RUEHGZ/AMCONSUL GUANGZHOU 1179

UNCLAS SECTION 01 OF 02 TOKYO 000617 
 
SIPDIS 
 
SIPDIS 
 
STATE for EAP/J, EAP/EP, EB/TPP/MTA/IP 
USDOC for DAS HLevine 
 
E.O. 12958: N/A 
TAGS: KIPR [Intellectual Property Rights], ECON [Economic Conditions], ETRD [Foreign Trade], JP 
SUBJECT: JAPANESE IPR ASSOCIATION FOCUSSED ON CHINA AND 
PATENTS 
 
 
¶1.  SUMMARY:  The Japan Intellectual Property Association 
(JIPA) is concentrating its international efforts on: 1) 
combating Chinese counterfeits of Japanese products and 
2) promoting an international mutual recognition system 
for patent searches, according to Secretary-General Hideo 
Doi in a recent meeting with EconOff.  In China JIPA is 
running several training programs aimed at Chinese 
Customs, Trademark, and Patent officials, and is 
compiling a database of people convicted of IPR crimes in 
China for the use of the Chinese government. 
End Summary 
 
¶2.  BACKGROUND: The Japan Intellectual Property 
Association (JIPA) considers itself the world's largest 
IPR industry organization with over a thousand members 
representing large and medium chemical, electronics, and 
manufacturing firms in Japan.  Among its international 
outreach programs, JIPA offers training in China, Taiwan, 
Thailand, and Korea.  The current JIPA president Naoto 
Kuji comes from Honda, (which has been concerned about 
counterfeit auto parts in China) and will be replaced 
this year by Kazuo Kamisugi of Wako Chemicals, a chemical 
and pharmaceutical manufacturer. 
 
JIPA Activities in China 
 
¶3.  JIPA has shifted its strategy in China to what Doi 
called a carrot and stick approach because it realized 
that just demanding that China improve its IPR 
environment was counter-productive.  Therefore, JIPA, 
working closely with the Japanese government (MOFA, METI, 
JETRO),  has developed a broad program to work with 
Chinese officials to improve IPR enforcement including: 
 
(a)  Training Customs Officials to distinguish between 
authentic and fake goods.  JIPA also helped compile a how- 
to manual for the training. 
 
(b)  Training Trademark Bureau officials on how to combat 
trademark infringements.  In early 2006, JIPA also plans 
a study session with the Trademark Bureau to address the 
issue of unclear standards for determining trademark 
infringements.  (Doi explained that Chinese manufacturers 
are producing numerous fakes using look-alike or sound- 
alike brands, e.g. Hongda, instead of Honda.) 
 
(c)  Training Chinese Patent Office examiners to improve 
their skills and knowledge.  JIPA provided technical 
training on patents for advanced technology in both 
automobiles and electronics in 2005.  JIPA's goal is to 
improve the quality of patent examination in China as the 
Chinese government rapidly increases the number of patent 
examiners to correspond to the increased number of patent 
applications filed in China. 
 
(d)  Compiling a database of names of people who have 
been convicted of IPR crimes by various security agencies 
in China.  Doi observed that IPR criminals tend to repeat 
their crimes, so JIPA decided to provide the Chinese 
government with a comprehensive database that could be 
shared by different Chinese government agencies. 
 
Japanese firms concerns 
 
¶4.  Japanese firms in China have been most concerned with 
counterfeiting of industrial products such as automobile 
parts, home electronics/appliances, and industrial 
equipment.  Doi also noted that a couple of years ago 
most Japanese companies did not think it was worth the 
expense to file a law suit for IPR infringement because 
of the ineffectiveness of the Chinese courts, but that 
now more Japanese companies are willing to file suits and 
go to court. 
 
¶5.  Doi added that JIPA and its members have been working 
closely with the US Embassy and the American Chamber of 
Commerce in Beijing because their concerns and approaches 
are very similar. 
 
Rooting for a "Global Patent System" 
 
TOKYO 00000617  002 OF 002 
 
 
 
¶6.  JIPA strongly supports the Trilateral Initiative -- 
which he referred to as a "Global Patent System" -- of 
the Japan Patent Office (JPO), US Patent Office (USPTO) 
and the EU Patent Office (EUPO) to establish a system of 
sharing examination results so that a patent applicant 
could use the examination results from one patent office 
to petition for expedited processing in another office. 
He noted that similar discussions were taking place 
within WIPO but were going nowhere because of the huge 
differences in approach and capabilities. 
 
SCHIEFFER


It is this kind of patent globalisation that can further suppress the 5 billion or so people who are already denied access to crucial knowledge.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 23/5/2018: DragonFlyBSD 5.2.1 and Kata Containers 1.0 Released

    Links for the day



  2. Masking Abstract Patents in the Age of Alice/§ 101 in the United States

    There are new examples and ample evidence of § 101-dodging strategies; the highest US court, however, wishes to limit patent scope and revert back to an era of patent sanity (as opposed to patent maximalism)



  3. PTAB's Latest Applications of 35 U.S.C. § 101 and Obviousness Tests to Void U.S. Patents

    Validity checks at PTAB continue to strike out patents, much to the fear of people who have made a living from patenting and lawsuits alone



  4. France is Irrelevant to Whether or Not UPC Ever Becomes a Reality, Moving/Outsourcing de Facto Patent Examination to European Courts Managed in/Presided by France

    Team UPC is still focusing on France as if it's up for France to decide the fate of the UPC, which EPO insiders say Battistelli wants to be the chief of (the chief, it has already been decided, would have to be a Frenchman)



  5. Saint-Germain's Poisonous Legacy of "Toxic Loans": The Emperor’s New Investment Guidelines

    Details about a secret vote to 'gamble' the EPO's budget on "a diversified portfolio managed by external experts"



  6. Saint-Germain's Poisonous Legacy of "Toxic Loans": Cautionary Tale for the EPO?

    Preface or background to a series of posts about Battistelli's French politics and why they can if not should alarm EPO workers



  7. Links 22/5/2018: Parrot 4.0, Spectre Number 4

    Links for the day



  8. Chamber of Commerce Lies About the United States Like It Lies About Other Countries for the Sole Purpose of Patent Maximalism

    When pressure groups that claim to be "US" actively bash and lie about the US one has to question their motivation; in the case of the Chamber of Commerce, it's just trying to perturb the law for the worse



  9. Links 21/5/2018: Linux 4.17 RC6, GIMP 2.10.2

    Links for the day



  10. The Attacks on the Patent Trial and Appeal Board (PTAB) Have Lost Momentum and the Patent Microcosm Begrudgingly Gives Up

    The Patent Trial and Appeal Board (PTAB), reaffirmed by the Court of Appeals for the Federal Circuit (CAFC) and now the Supreme Court as well, carries on preventing frivolous lawsuits; options for stopping PTAB have nearly been exhausted and it shows



  11. Software Patenting and Successful Litigation a Very Difficult Task Under 35 U.S.C. § 101

    Using loads of misleading terms or buzzwords such as "AI" the patent microcosm continues its software patents pursuits; but that's mostly failing, especially when courts come to assess pertinent claims made in the patents



  12. António Campinos Will Push Toward a France-Based Unified Patent Court (UPC)

    Frenchmen at EPO will try hard to bring momentum if not force to the Unified Patent Court; facts, however, aren't on their side (unlike Team UPC, which was always on Team Battistelli's side)



  13. In Apple v Samsung Patents That Should Never Have Been Granted May Result in a Billion Dollars in 'Damages'

    A roundup of news about Apple and its patent cases (especially Apple v Samsung), including Intel's role trying to intervene in Qualcomm v Apple



  14. Links 20/5/2018: KDevelop 5.2.2 and 5.2.3, FreeBSD 11.2 Beta 2

    Links for the day



  15. Aurélien Pétiaud's ILO Case (EPO Appeal) an Early Sign That ILO Protects Abusers and Power, Not Workers

    A famous EPO ‘disciplinary’ case is recalled; it’s another one of those EPO-leaning rulings from AT-ILO, which not only praises Battistelli amid very serious abuses but also lies on his behalf, leaving workers with no real access to justice but a mere illusion thereof



  16. LOT Network is a Wolf in Sheep's Clothing

    Another reminder that the "LOT" is a whole lot more than it claims to be and in effect a reinforcer of the status quo



  17. 'Nokification' in Hong Kong and China (PRC)

    Chinese firms that are struggling resort to patent litigation, in effect repeating the same misguided trajectories which became so notorious in Western nations because they act as a form of taxation, discouraging actual innovation



  18. CIPU is Amplifying Misleading Propaganda From the Chamber of Commerce

    Another lobbying event is set up to alarm lawmakers and officials, telling them that the US dropped from first to twelfth using some dodgy yardstick which favours patent extremists



  19. Patent Law Firms That Profit From Software Patent Applications and Lawsuits Still 'Pull a Berkheimer' to Attract Business in Vain

    The Alice-inspired (Supreme Court) 35 U.S.C. § 101 remains unchanged, but the patent microcosm endlessly mentions a months-old decision from a lower court (than the Supreme Court) to 'sell' the impression that everything is changing and software patents have just found their 'teeth' again



  20. A Year After TC Heartland the Patent Microcosm is Trying to 'Dilute' This Supreme Court's Decision or Work Around It

    IAM, Patent Docs, Managing IP and Patently-O want more litigation (especially somewhere like the Eastern District of Texas), so in an effort to twist TC Heartland they latch onto ZTE and BigCommerce cases



  21. Microsoft Attacks the Vulnerable Using Software Patents in Order to Maintain Fear and Give the Perception of Microsoft 'Safety'

    The latest patent lawsuits from Microsoft and its patent trolls (which it financially backs); these are aimed at feeble and vulnerable rivals of Microsoft



  22. Links 19/5/2018: Mesa 18.0.4 and Vim 8.1

    Links for the day



  23. Système Battistelli (ENArque) at the EPO is Inspired by Système Lamy in Saint-Germain-en Laye

    Has the political culture of Battistelli's hometown in France contaminated the governance of the EPO?



  24. In Australia the Productivity Commission Decides/Guides Patent Law

    IP Australia, the patent office of Australia, considers abolishing "innovation patents" but has not done so yet (pending consultation)



  25. Fishy Things Noticed Ahead of the Passage of a Lot of EPO Budget (Applicants' Money) to Battistelli's Other (and Simultaneous) Employer

    Observations and odd facts regarding the affairs of the council in St Germain; it certainly looks like Battistelli as deputy mayor and the mayor (Arnaud Péricard) are attempting to hide something



  26. Links 18/5/2018: AsteroidOS 1.0 Released, More Snyk/Black Duck FUD

    Links for the day



  27. Today's EPO Financially Rewards Abuses and Violations of the Law

    Battistelli shredded the European Patent Convention (EPC) to pieces and he is being rewarded for it, perpetuating a pattern of abuses (and much worse) being rewarded by the European Patent Organisation



  28. So-Called 'System Battistelli' is Destroying the EPO, Warn Insiders

    Low-quality patent grants by the EPO are a road to nowhere but a litigious climate in Europe and an unattractive EPO



  29. Rise in Patent Trolls' Activity in Germany Noted Amid Declining Patent Quality at the EPO

    The UPC would turn Europe into some sort of litigation ‘super-state’ — one in which national patent laws are overridden by some central, immune-from-the-law bureaucracy like the EPO; but thankfully the UPC continues its slow collapse



  30. EPO's Battistelli Taking Days Off Work for Political 'Duties' (Parties) in His French Theatre Where He'll Bring Buckets of EPO Budget (EPO Stakeholders' Money)

    More tales from Saint-Germain-en-Laye...


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts