09.11.11

Gemini version available ♊︎

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

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. IRC Proceedings: Tuesday, January 25, 2022

    IRC logs for Tuesday, January 25, 2022



  2. Links 26/1/2022: No ARM for Nvidia, End of EasyArch, and WordPress 5.9 is Out

    Links for the day



  3. Why the Unified Patent Court (UPC) is Still Just a Fantasy and the UPC's Fake News Mill Merely Discredits the Whole Patent 'Profession'

    Patents and science used to be connected; but now that the patent litigation 'sector' is hijacking patent offices (and even courts in places like Texas) it's trying to shove a Unified Patent Court (UPC) down the EU's throat under the disingenuous cover of "community" or "unity"



  4. Links 25/1/2022: Vulkan 1.3 Released, Kiwi TCMS 11.0, and antiX 19.5

    Links for the day



  5. Gemini Milestones and Growth (Almost 2,000 Known Gemini Servers Now, 39,000 Pages in Ours)

    The diaspora to Gemini Protocol or the transition to alternative 'webs' is underway; a linearly growing curve suggests that inertia/momentum is still there and we reap the benefits of early adoption of Gemini



  6. [Meme] Get Ready for Unified Patent Court (UPC) to be Taken to Court

    The Unified Patent Court (UPC) and Unitary Patent system that’s crafted to empower EPO thugs isn’t legal and isn’t constitutional either; even a thousand fake news 'articles' (deliberate misinformation or disinformation) cannot change the simple facts because CJEU isn’t “trial by media”



  7. The EPO Needs High-Calibre Examiners, Not Politicians Who Pretend to Understand Patents and Science

    Examiners are meant to obstruct fake patents or reject meritless patent applications; why is it that working conditions deteriorate for those who are intellectually equipped to do the job?



  8. Free Software is Greener

    Software Freedom is the only way to properly tackle environmental perils through reuse and recycling; the mainstream media never talks about it because it wants people to "consume" more and more products



  9. Links 25/1/2022: Git 2.35 and New openSUSE Hardware

    Links for the day



  10. IRC Proceedings: Monday, January 24, 2022

    IRC logs for Monday, January 24, 2022



  11. Links 25/1/2022: GPL Settlement With Patrick McHardy, Godot 4.0 Alpha 1, and DXVK 1.9.4 Released

    Links for the day



  12. Proprietary Software is Pollution

    "My daughter asked me about why are we throwing away some bits of technology," Dr. Andy Farnell says. "This is my attempt to put into words for "ordinary" people what I tried to explain to a 6 year old."



  13. Microsoft GitHub Exposé — Part XV — Cover-Up and Defamation

    Defamation of one’s victims might be another offence to add to the long list of offences committed by Microsoft’s Chief Architect of GitHub Copilot, Balabhadra (Alex) Graveley; attempting to discredit the police report is a new low and can get Mr. Graveley even deeper in trouble (Microsoft protecting him only makes matters worse)



  14. [Meme] Alexander Ramsay and Team UPC Inciting Politicians to Break the Law and Violate Constitutions, Based on Misinformation, Fake News, and Deliberate Lies Wrapped up as 'Studies'

    The EPO‘s law-breaking leadership (Benoît Battistelli, António Campinos and their corrupt cronies), helped by liars who don't enjoy diplomatic immunity, are cooperating to undermine courts across the EU, in effect replacing them with EPO puppets who are patent maximalists (Europe’s equivalents of James Rodney Gilstrap and Alan D Albright, a Donald Trump appointee, in the Eastern and Western Districts of Texas, respectively)



  15. Has the Administrative Council Belatedly Realised What Its Job in the European Patent Organisation Really Is?

    The "Mafia" which took over the EPO (the EPO's own workers call it "Mafia") isn't getting its way with a proposal, so it's preventing the states from even voting on it!



  16. [Meme] Team UPC is Celebrating a Pyrrhic Victory

    Pyrrhic victory best describes what's happening at the moment (it’s a lobbying tactic, faking/staging things to help false prophecies be fulfilled, based on hopes and wishes alone), for faking something without bothering to explain the legal basis is going to lead to further escalations and complaints (already impending)



  17. Links 24/1/2022: Scribus 1.5.8 and LXLE Reviewed

    Links for the day



  18. IRC Proceedings: Sunday, January 23, 2022

    IRC logs for Sunday, January 23, 2022



  19. [Meme] Team UPC Congratulating Itself

    The barrage of fake news and misinformation about the UPC deliberately leaves out all the obvious and very important facts; even the EPO‘s António Campinos and Breton (Benoît Battistelli‘s buddy) participated in the lying



  20. Links 24/1/2022: pgBadger 11.7 Released, Catch-up With Patents

    Links for the day



  21. The Demonisation and Stereotyping of Coders Not Working for Big Corporations (or 'The System')

    The war on encrypted communication (or secure communications) carries on despite a lack of evidence that encryption stands in the way of crime investigations (most criminals use none of it)



  22. On the 'Peak Hacker' Series

    Hacker culture, unlike Ludditism, is ultimately a movement for justice, for equality, and for human rights through personal and collective emancipation; Dr. Farnell has done a good job explaining where we stand and his splendid series has come to a close



  23. Links 23/1/2022: First RC of Linux 5.17 and Sway 1.7 Released

    Links for the day



  24. Peak Code — Part III: After Code

    "Surveillance perimeters, smart TVs (Telescreens built to Orwell's original blueprint) watched over our living rooms. Mandatory smart everything kept us 'trustless'. Safe search, safe thoughts. We withdrew. Inside, we went quietly mad."



  25. IRC Proceedings: Saturday, January 22, 2022

    IRC logs for Saturday, January 22, 2022



  26. Links 23/1/2022: MongoDB 5.2, BuddyPress 10.0.0, and GNU Parallel 20220122

    Links for the day



  27. A Parade of Fake News About the UPC Does Not Change the General Consensus or the Simple Facts

    European Patents (EPs) from the EPO are granted in violation of the EPC; Courts are now targeted by António Campinos and the minions he associates with (mostly parasitic litigation firms and monopolists), for they want puppets for “judges” and for invalid patents to be magically rendered “valid” and “enforceable”



  28. Welcome to 2022: Intentional Lies Are 'Benefits' and 'Alternative Facts'

    A crooks-run EPO, together with the patent litigation cabal that we’ve dubbed ‘Team UPC’ (it has nothing to do with science or with innovation), is spreading tons of misinformation; the lies are designed to make the law-breaking seem OK, knowing that Benoît Battistelli and António Campinos are practically above the law, so perjury as well as gross violations of the EPC and constitutions won’t scare them (prosecution as deterrence just isn’t there, which is another inherent problem with the UPC)



  29. From Software Eating the World to the Pentagon Eating All the Software

    “Software is eating the world,” according to Marc Andreessen (co-founder of Netscape), but the Empire Strikes Back (not the movie, the actual empire) by hijacking all code by proxy, via Microsoft, just as it grabbed a lot of the world’s communications via Skype, bypassing the world's many national telecoms; coders need to fight back rather than participate in racist (imperial) shams such as GitHub



  30. Links 22/1/2022: Skrooge 2.27.0 and Ray-Tracing Stuff

    Links for the day


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