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 in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2011/09/11/patent-globalisation/

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 2/8/2021: Linux 5.14 RC4 and 20% Growth in Steam

    Links for the day



  2. IRC Proceedings: Sunday, August 01, 2021

    IRC logs for Sunday, August 01, 2021



  3. Links 1/8/2021: LibreOffice 7.2 RC2 and Lakka 3.3

    Links for the day



  4. Was Microsoft Ever First in the Market?

    Confronting the false belief that Microsoft ever innovates anything of significance or is "first" in some market/s



  5. Links 1/8/2021: 4MLinux 37.0, IBM Fluff, and USMCA Update

    Links for the day



  6. Microsoft Knows That When Shareholders Realise Azure Has Failed the Whole Boat Will Sink

    The paranoia at Microsoft is well justified; they've been lying to shareholders to inflate share prices and they don't really deliver the goods, just false hopes and unfulfilled promises



  7. [Meme] Nobody and Nothing Harms Europe's Reputation Like the EPO Does

    Europe’s second-largest institution, the EPO, has caused severe harm/damage to Europe’s economy and reputation; its attacks on the courts and on justice itself (even on constitutions in the case of UPC — another attempt to override the law and introduce European software patents) won’t be easily forgotten; SUEPO has meanwhile (on Saturday, link at the bottom in German) reminded people that Benoît Battistelli and António Campinos have driven away the EPO’s most valuable workers or moral compass



  8. IRC Proceedings: Saturday, July 31, 2021

    IRC logs for Saturday, July 31, 2021



  9. [Meme] When it Comes to Server Share, Microsoft Azure is Minuscule (But Faking It)

    Don't believe the lies told by Microsoft's charlatans and frauds; Azure has been a total failure and that's why there are layoffs as well



  10. [Meme] Mozilla Has Turned From Technical to Marketing

    Way back, long before Mozilla and Firefox got hijacked by politics (turning Mozilla into a VPN reseller that lies about its stance on privacy), geeks were driving the company, not corporate lawyers and spying/marketing people



  11. Over 1,500 (Known/Unorphaned) Gemini Capsules and Over 160,000 Page Requests in gemini.techrights.org During July

    Techrights is expanding at gemini:// (Gemini space) and over 1,500 capsules are reported to have been found (less than 4 months ago it was about 1,000)



  12. Links 31/7/2021: Kernel Additions and Linux Mint 20.3 Release Date

    Links for the day



  13. Microsoft Azure Stagnating

    Reprinted with permission from Mitchel Lewis, former Microsoft employee



  14. For 17 Days (and Counting) António Campinos Has Failed to Respond to Call for Compliance With the Law

    Team Campinos has been so arrogant and so evasive that there’s no indication (yet) that it will follow court orders (Willy ‘Guillaume’ Minnoye openly bragged about ignoring court orders and he's still cheering for the EPO's abuses); therefore, staff of the EPO takes collective action



  15. Raw: Elodie Bergot Breaking the Law by Threatening Against the Exercise of Fundamental Rights

    Over the years we saw a number of rude letters from Elodie Bergot, the grossly under-qualified spouse of a friend of Vichyite Benoît Battistelli; most of these we never published (we already have these and can always publish if the need arises), but those paranoid and insecure “Mafia”-like ‘cabal’ need to be exposed for the mobsters they are; for nearly a decade they’ve illegally bullied EPO staff in clear violation of the law (and for over 3 years António Campinos has kept those bullies on board); why does Europe do nothing and why is it never holding high-profile abusers accountable (only low-level facilitators)? Is it because the EU too is being infiltrated by them?



  16. Linspire Should Be Avoided in 2021 Just Like It Was Avoided 14 Years Ago

    The brand "Linspire" was brought back, but the agenda seems to be more or less the same, namely pushing proprietary software and serving Microsoft's commercial agenda (in 'Linux' clothing)



  17. The Death of Freenode Would Be Freenode's Own Fault

    Freenode is going dark and now it’s asking people to create accounts at IRC.com (just to get back into the network that they may have already occupied for decades) as if Freenode owns “IRC” as a whole



  18. Links 31/7/2021: KDE Progress and Activision Catastrophe

    Links for the day



  19. IRC Proceedings: Friday, July 30, 2021

    IRC logs for Friday, July 30, 2021



  20. The Smartest Meter of All

    Yesterday a lady came over to take our power readings (electric/gas meter); secure these people's jobs as they help protect people's privacy (dignity) at home



  21. [Meme] A Web of False Dichotomies

    A reminder that Techrights is fully available (all blog posts and wiki pages) in gemini://



  22. Freenode Shrinks by Another Quarter and Gemini Continues to Grow (For Techrights at Least)

    Freenode continues to perish faster than we've imagined; it's a good thing that we've had contingencies set up; regarding the monopolised and increasingly centralised Web, we're still making baby steps towards weaning ourselves off it



  23. Links 31/7/2021: Wine 6.14 and Chrome 93 Beta

    Links for the day



  24. European Media Does Not Care About Europe's Second-Largest Institution Crushing Basic Laws and Fundamental Rights

    New video about the latest publication from SUEPO (the EPO’s staff union); it was published yesterday, seeing that the “Mafia” (what EPO staff actually calls the management!) hasn’t done anything to comply with a wide-ranging set of court rulings from ILO-AT; why has the media said nothing about this and what does that say about today’s media? The material is all in the public domain, in widely understood languages, and SUEPO spoke about it more than 3 weeks ago.



  25. Links 30/7/2021: Distro Comparisons and Tootle Introduced

    Links for the day



  26. [Meme] Enforcing ILO-AT Rulings...

    We’re still waiting for a statement — any statement (direct or indirect) — from EPO management, seeing that almost a month has passed



  27. 'Open Source' as a Failed Initiative

    A closer look at the dire state of the Open Source Initiative, or OSI, which no longer protects Open Source (let alone software freedom) but instead helps openwashing, Microsoft entrapment, and a coup against the FSF



  28. [Meme] Rowan and António Sittin' on a Tree...

    How much longer can Team Campinos keep issuing tons of noisy and self-congratulatory puff pieces to (perhaps) distract from the elephant in the 10th floor of the Isar building (EPO HQ)? Staff won't wait for eternity.



  29. IRC Proceedings: Thursday, July 29, 2021

    IRC logs for Thursday, July 29, 2021



  30. Half the People in This Letter Are IBM Employees

    IBM seems to be continuing its war on the FSF because IBM wants to own everything (CentOS being ‘canned’ was just part of the plan)


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

Recent Posts