Study On Strong Protection Policy Of The Japanese Patent System

When coming into the new century, the economics of Japan encountered stagnation. For the economic can go back to the paths of fast development, Japanese observed the mode of American economic which kept smooth development a long time. They discovered that one reason of US smooth development was that America enforced strong protection of their Intellectual property rights. Therefore, in2002Japanese government submitted "TP nation" strategy, strengthening the protection of intellectual property rights, which indicated Japan entering the time of strong protection of patent. The research target of this study is strong protection of IP of Japan. First of all, the study makes a review of the development of Japanese IP protection. Secondly, we detail the strong protection of patent of Japan. At last, we compare Chinese institution of patent protection with Japanese one and offer several suggestions to China how to protect patent.The institution of patent in Japan began from Mingzhi era. After the Meiji Restoration, Japan abandoned seclusion policy, began to introduce Western technology to expand the economy. At the same time, Japan also had technical innovations, but because of the lack of protection of the patent, invention and innovation cannot get protection. In order to protect innovation, Japan Meiji government introduced monopoly Patents Ordinance, promulgated the monopoly Ordinance was later amended. In1899. Japan joir.ed tire international intellectual property right protection organizations of the Paris Convention and made the amendment of the monopoly Ordinance Amendment to the patent law. During World Wars, in order to meet wartime needs, Japan modified the patent law more than once. In the1960of the20th century, the Japan economic took off, relative patent laws were no longer adapted to the rapid development of the economy, so the patent law was revised. Later Japan patent law had gone twice frequent modifications of1980s and the first10years of the new century. Each modification was adapted to the Japan and the objective of economic, social and technological development of the world situation. Japan’s patent system is established on the frequent modifications of the law of patent and other IP.In order to stimulate the economy out of stagnation in Japan, at the beginning of the new millennium the government began to enact the strong intellectual property rights protection policy. Japan’s strong intellectual property protection policy resulted in Japan’s observations of United States economic, and as result of a national science and technology development to a certain extent. This strong protection policy specific reflected in (1) the range of patent protection expanded, and patent protection included to material patent, further narrowed patent excluded range;(2) joined large of international intellectual property organization, as Paris Convention, joined WTO;(3) right of lost;(4)changed the law enforcement measures, first reduced patent applications costs and other various costs of patent acquired period needed paid for, punished the infringement acts more strongly, doubled personal and corporate of infringement fine, raised patent crime penalties5years’ imprisonment to a maximum penalty of10years in prison and penalties; Japan the establishment of specialized intellectual property courts for violations of property rights can be heard, improved professionalism of the case, improve the efficiency of proceedings;(5) the duration of protection changes.In order to implement strong patent protection policy, Japan devoted to the introduction of the Japan intellectual property protection strategy commitments. Provides some implementation strategies in the outline including creating strategies, conservation strategies, and strategies for implementation and so on.Compare with Japan intellectual property regime, the intellectual property system in China still has place to progress. The drafting and implementation of the patent law of our country are relatively late, and from implementation to now30years have only gone through3major changes, resulting in many laws cannot keep up with technological and economic development.On the scope of patent protection, we are relatively narrow in scope of patent protection; patent protection for materials was the compromise to join the WTO and the United States negotiation. In the specific enforcement process, there is a lot of violations go unpunished; penalties on the punishments for violations are relatively weak compare to Japan.Analogy with Japan’s patent system, we offer some commendations for the modification of the patent law of our country:(1)to increase penalties for infringement, to further enhance awareness of IP;(2)to establish uniform judicial system to further enhance law enforcement capacity;(3)to modify the rules of employee invention to enhance enthusiasm motivates employees invention;(4)to extend patent protection to adapt to technological development needs.