IN JAPAN by dfgh4bnmu

VIEWS: 30 PAGES: 69

									INTELLECTUAL PROPERTY PROMOTION
               IN JAPAN




                      By

      SOMCHAI KIJSIRICHAREONCHAI

DEPARTMENT OF INTELLECTUAL PROPERTY
           THAILAND




                   Final Report
The Long term Fellowship Program under the WIPO
               Fund-in-trust/Japan
            April 2002 to August 2002


                 28th June 2002
                               Preface

This research report contains Intellectual Property promotional activities both in Japan
and Thailand. It is a fact that a sound promotion programs will help not only to create
innovations but also safeguard the rights of innovators. Japan being a forefront of
intellectual property field, have actively involved in designing and implementing of
successful IP promotion programs.

A wide variety of promotional activities have launched in Japan over the past years.
These programs include media campaigns, educational programs, exhibitions and
competitions. As a result of those activities, Japan was able to achieve a high level of
understanding on IP related matters among the general public.

Thailand is an infant in the field of Intellectual Property. However, Thailand is trying
hard to promote IP using various methods. It is very important to note that Thailand is
one of the counties that have counterfeit products in large quantities. There are certain
laws, which prohibit counterfeit product in Thailand. However, the poor implementation
of these laws makes counterfeit products to have easy access to Thailand markets.
Therefore, it is necessary to educate the public on counterfeit products and discourage
them to purchase them. The researcher believes that effective promotional campaign
will help to reduce counterfeit products in Thailand.

The researcher especially mainly conducts face-to-face interview Mr. Shingo Tsuji, the
General Director of APIC and JIII to obtain primary viewpoints of eminent in IP field
for this study, It was a real life experience for the researcher to understand how
promotion delivery is done in Japan.

This research report contains five chapters. First chapter will discuss the nature of
intellectual property rights in general. Second chapter highlights the nature of
intellectual property promotional activities and the role of Japan Patent Office in
intellectual property activities in Japan and the contribution of JIII and APIC in the field
of intellectual property promotion. Third chapter examine the problems encountered in
promoting Intellectual Property in Japan. Fourth chapter discusses the IP promotion
activities in Thailand. The fifth chapter provides some recommendation for the
improvement of Intellectual Property promotion activities in Thailand.
                              Acknowledgement


Although I am solely responsible for the contents of this research paper, I would like to
address my highly appreciation and thank some institutions and persons for their
invaluable contribution. Their encouragement and support helped me a lot to look inside
of the intellectual property Laws both in Japan and Thailand.

First and foremost, I would like to express my deepest appreciation to the World
Intellectual Property Organization (WIPO) and to the Government of Japan especially
Japan Patent Office (JPO), and the Asia Pacific Industrial Property Center (APIC) of
Japan Institute of Invention and Innovation (JIII) for funding and organizing my
research study.

I would also like to appreciation to Mr. Yaryong Puangrach, the General Director,
Department of Intellectual Property, that his broad thinking and dedication to improve
the Intellectual Property system in Thailand will bring many benefits to Thailand.

In particular, I am very gratitude to Dr. Kajit Sukum, the Director of Promotion and
supporting IP system, Department of Intellectual Property Thailand, for his continues
support to his guidance and kindness in first research to study.

In special thanks to all staff of JPO really helped me in many ways to complete my
research study. Mr.Kozo Oikawa, Commissioner, the Japan patent Office and his
dedicated staff, Mr. Hiroo Takaki and his staff, for their assistance, patience, time and
friendship.

My so special thanks to Mr.Shingo Tsuji, Director General, Asia-Pacific Industrial
Property Center and his directly dedicated to IP Promotion in Japan and his guidance
and kindness in the knowledge of IP Promotion to the researcher and with kind staff
provided me another home away home at the APIC. I was really fascinated to see the
kindness and caring of the officers who have some contact with me for the past four
months of memorable stay in Japan.

I also like to express my sincere thanks to my dearest colleagues in Department of
Intellectual Property that encouragement and support to involve in a long-term research
in a foreign country.

Last but not least to my beloved family and dearest wife for their patience and support
my little contribution towards improvement of my research with love.


Thank you.
                     TABLE OF CONTENTS



Abstract                                                          i
Acknowledgement                                                   ii
Table of contents                                                 iii

Chapter 1

1.1   Introduction                                                1
1.2   What is IP?                                                 2
1.3   WIPO, Paris Convention and TRIPS Agreement                  7

Chapter 2

2.1   Introduction                                                11
2.2   What is IP Promotion means                                  11
2.3   Industrial Property Promotion in Japan                      12

Chapter 3

3.1   Introduction                                                29
3.2   Difficulties encountered of IP in Japan                     29


Chapter 4

4.1   Introduction                                                 33
4.2   History of IP system in Thailand                             33
4.3   Highlighted activities of DIP                                38
4.4   Comparison on IP promotion action between Japan and Thailand 46

Chapter 5

5.1   Introduction                                                49
5.2   Suggestion for DIP                                          50
5.3   Conclusion                                                  53
5.4   List of annex                                               55
                          References


List of Annexes
     1. Intellectual Property Right Chart
     2. Organizational structure of the JPO
     3. Industrial Property Right Information Distribution Promotion Service
     4. Digital Information Cycle
     5. Background of Suggestion

Supplementary Textbook

     1.  Introduction to IP Rights
     2.  Intellectual Property Management in Enterprise
     3.  Industrial Property Right Standard textbook
     4.  History of Japanese Industrial Property system
     5.  Present Situation and Future Direction on Japanese Industrial
         Property Administration
     6. Encouragement of Inventions
     7. Procedures for filing to registration of Trademark
     8. Procedures for filing to registration of Patent
     9. The Paperless System Guidebook
     10. Annual Report 2000, JPO
     11. Annual Report 2000, DIP
     12. Intellectual Property of Thailand
     13. The outline of Japan Patent Office 2000
     14. Asia- Pacific Industrial Property Center
     15. Guide for Measures Encouraging Patent Licensing
     16. JPO Leading the way in the age of Intellectual Creation
     17. The Japanese Trademark System,
         The research by Jamilah Kamaruddin, Malaysia
     16. Copyright Law of Japan
     17. Agreement between WIPO and WTO
     18. Patent Cooperation Treaty (PCT)
     19. Patent Abstracts of Japan News 1999
     20. Guide to the Use of Industrial Property Information
     21. Experience of Japan
     22. Background Reading Material on IP, WIPO
     23. Japan Institute of Invention and Innovation
       Lecture note
              1. Dissemination and Education of Intellectual Property Rights
                 Mr. Shingo Tsuji. April 2000
              2. Education Promotion of IPR to the public and researches
                 Mr. Toshiya Kimura
              3. Promotion of Public Awareness Encouragement and Promotion of
                 Inventiveness and Diffusion of the IP System
                 Mr. Masakazu Yokoyama, APIC
              4. Dissemination of IP promotion in Thailand
                 Understanding of strategy of IP promotion Study of information use
                 for technological innovation

       Brochures, bulletins, newsletters and other materials from:

       1.1    Japan Patent Office
       1.2    Japan Institute of Invention and Innovation
       1.3    Japan Patent Attorneys Association
       1.4    Japan Intellectual Property Association
       1.5    Japan International Cooperation Agency
       1.6    The Association for Overseas Technical Scholarship
       1.7    The Asia – Pacific Industrial Property Center

Interviews
The researcher especially mainly conducts face-to-face interview Mr.Shingo Tsuji, the
General Director of APIC and JIII.
Intellectual Property Promotion in Japan

Chapter 1

1. Introduction
The promotion of Intellectual Property Promotion Rights has been recognized as a
major part of Intellectual Property protection exercises all over the world. The world
Intellectual Property Organization (WIPO) has emphasis the fact that all the countries
should develop strategies to promote Intellectual Property Rights in their respective
countries.

The Department of Intellectual Property of Thailand (DIP) has a relatively short history,
having been established only about ten years ago. However, Intellectual Property
system has a very long history especially in the field of copyrights, which was initiated
more than a hundred years ago while trademark law and patent law were enacted in
1931 and 1979 respectively.

Thailand being a Member Country of World Intellectual Property Organization (WIPO)
in December 1989, and the World Trade Organization (WTO) in January 1995, since
then DIP has taken necessary actions in accordance with the Trade-Related Aspects of
Intellectual Property Rights (TRIPS). It is supposed to effectively implement the
Intellectual Property Promotion activities in Thailand with the help of DIP.

Japan has set an example for implementing better promotional campaigns among the
various segments of the Japanese society of valuing intellectual creations and
safeguarding the creator’s rights.

The Intellectual Property System in Japan has a very long history, by making necessary
laws in time to time to safeguards their inventions. These laws started especially in the
field of the Provisional Regulations for Monopolies 1871, Which was initiated more
than hundred years ago while trademark law and patent law were enacted in 1885 and
1889 respectively. Japan Industrial Property development has achieved remarkable
progress in terms of scope and depth of its activities, to make the industrial property
system of Japan competitive.

This paper will examine in the achievement of Intellectual Property Promotional
activities in Japan, that carried out by Japan Patent Office and other organizations with
the practices of promotional work carried out by DIP. In addition attempts will be made
to understand the strategies employed by the Japan Patent Office (JPO), Asia – Pacific
Industrial Property Center (APIC), Japan Institute of Invention and Innovation (JIII),
Japan International Cooperation Agency (JICA), Japan Patent Attorney Association
(JPAA), and others organization in the field of IP promotional campaigns with both
government and private sectors organization. It is also expected to discuss the problems




                                                                                       1
and issues relating to Intellectual Property Promotional activities and attempts to
forecast possible solution for the possible issues in Thailand.

This paper consists of five chapters. In the first chapter it will explain the meaning of
intellectual property and the key aspects of Paris Convention and the TRIPS Agreement.
The second chapter it will discuss on intellectual property promotion in Japan, the
historical evolution of IP in Japan. In third chapter deal with the difficulties encountered
in IP Promotion in Japan, the strategies, tools, ways, and tends of intellectual property
and their planning activities will be dealt with in chapter four, deal and education on
highlighted activities the intellectual property promotion in Thailand and history for
find out some information, the final chapter it will discuss the encouragements and
emphasis activities on the experience of IP promotion in Japan and than find out the
suggestions for improvement IP promotion in Thailand.

1.1 What is intellectual property?
In general, the most important feature of property is that the proprietor of owner may
use his property as he wishes and that nobody else can lawfully use his property without
his authorization. Of course, there are generally recognized limits of the exercise of that
right. For example the owner of a piece of land is not always free to construct a building
of whatever dimensions he wishes, but must respect the applicable legal requirements
and administrative decisions.

The types of property:
In principle, the wider nature meaning of property consist to three kinds:

           1.1.1   Movable property, such as a book, pen, car and several of goods
                   that the naturally can be take or bring to anywhere and not fixed on it.
                   No one except the owner of the book or the pen those may be to use
                   them. This is a legal situation, which is called an exclusive right,
                   namely, the exclusive right, the owner, can be use and take
                   remunerative the utility of them, which is his property, Naturally, the
                   proprietor may authorize others to use his property. But such
                   authorization is legally necessary, and use without the owner’s
                   authorization is illegal. Moreover, the right to use is not unlimited:
                   when exercising that right, right of other person, and administrative
                   regulations, for example, speed limits for cars must be respected.

           1.1.2   Immovable property, namely, land and things permanently fixed on
                   it, such as house. We have already seen an example of the limitations
                   of such property, namely, the requirement to be respected when
                   construction a building.


           1.1.3   Intellectual Property. The objects of intellectual property are the
                   creations of the human mind, the human intellect, which is like idea,



                                                                                          2
                    concept, process, or theory. Also, it may be presented in a tangible
                    form like an invention product or another form of tangible medium.
                    It may cover knowledge, discovery or creation. And which does not
                    materialize or category of creation or mode of expression, focuses on
                    the output of human’s brain and skills. This board is means of
                    property in “intellectual property.” “In a somewhat simplified way,
                    one can state that intellectual property relates to pieces of
                    information, which can be incorporated in tangible objects at the
                    same time in an unlimited number of copies at different locations
                    anywhere in the world. The property is not in those copies but in the
                    information reflected in those copies.” 1

It was generally recognized that the person who created the work were legitimately
entitled to benefit from his effort and no one else.

Intellectual Property is always intangible property right, this specific legal right is
characterized as property or property right because the intellectual output becomes the
direct result of the whole input which could be appraised on the economic and moral
terms.

For easy understanding, Intellectual Property is a set of exclusive rights to do some
specific rights in respect with his creation, and to prevent others from doing the same
thing with respect to his creation, and to exercise the legal right against those who
violate his right, such as the owner of the book or electronic device may exercise his
ownership to use to dispose them at their own will but they cannot do anything which
encroaches the exclusive right of the copyright or patent holder. So, the owner of the
book or electric device cannot reproduce the book or manufacture the same-patented
without the copyright holder or patent holder’s permission. The right to manufacture the
patented process or product is exclusive to the patent holder only. This concept is very
important, because it is a rule of independence applies to all types of intellectual
property.

The same rule also applies to the event when tangible media of intellectual property, e.g.
books sound recordings, patented devices, goods bearing a trademark, are in possession
of a person for a long time. A legal system may allow the acquisition of ownership in a
movable or an immovable property through usurpation the continuing possession of the
property for specific duration stipulated by law.

The first age of Intellectual Property recognizes two major branches, namely
“copyright” and “industrial property” such as patents, trademarks and designs. The first
branch, copyright appears in the Bern Convention for the protection of Literary and the
Artistic works since 1886, while the second branch, industrial property is elaborated in
the Paris Convention for the protect Industrial Property since 1883.



1
    (Background reading material on intellectual property, WIPO)



                                                                                        3
After that, other areas of intellectual property are specifically introduced in a number of
international agreements.

The Rome Convention for the Protection of performers, Producers of Phonograms and
Broadcasting Organizations in 1961 provides the neighboring rights. The Washington
Treaty on Intellectual Property in respect of Integrated Circuits that became a great
economic value for products and services in the information age. In 1995, the TRIPS
Agreement clarifies the long lasting problem of copyright ability of computer programs
and databases. The World Intellectual Property Organization shortly after performs its
duty to set the rules for the protection of computer programs and related work in 1996.
This track of development would be repeated if technology advancement calls for the
legal protection for new types of intellectual fruition of human brain.

The Convention Establishing the World Intellectual Property Organization (WIPO)
concluded in Stockholm on July 14, 1967, provides that “intellectual property” shall
include right relating to:

               a.   Literary, artistic and scientific works
               b.   Performances of performing artists, phonograms, and broadcasts
               c.   Inventions in all fields of human endeavor
               d.   Scientific discoveries
               e.   Industrial designs
               f.   Trademarks, service marks, and commercial names and designations
               g.   Protection against unfair competition

And all’s other rights, resulting from intellectual activities in the industrial scientific,
literary or artistic fields.

The object mentioned under (a) belongs to the copyright branch of intellectual property.

The object mentioned under (b) belong to neighboring right that is right neighboring on
copyright.

The object mentioned under (c), (e), (f) constitute the industrial property branch of
intellectual property,

The object mentioned under (g) may also be considered as belonging to that branch, the
more so as Article 1(2) of the Paris Convention for the protection of industrial property
(Stockholm Act of 1967) (hereinafter referred to as “the Paris Convention”) includes
“the repression of unfair competition” among the objects of “the protection of industrial
property”; the said Convention state that “Any act of competition contrary to honest
practices in industrial and commercial matters constitutes an act of unfair competition”
( Article 10bis (2)). The object mentioned under [4] -scientific discoveries belongs to
neither of the two branches of intellectual property. According to one opinion, scientific
discoveries should not have been among the various forms of intellectual property since
on national law or international treaty gives any property right in scientific discoveries.
Scientific discoveries and inventions are not the same. The Geneva Treaty on the



                                                                                          4
International Recording of Scientific Discoveries (1978) defines a scientific discovery
as “the recognized and capable of verification” (Article 1(1)(I). Inventions are new
solutions to specific technical problem. Such solution must, naturally, rely on the
properties or laws, whether they are recognized (discovered) simultaneously with
making the invention or whether they are recognized (discovered) before, and
independently from, the invention.2

Industrial Property

Industrial development is one of the principle forces that occurred in the human history.
This development is the result of research and investment of the efforts of many talented
inventors, authors of utility models, creators of new design new tools new technologies.

As regards industrial property, this expression is sometimes misunderstood as relating
to movable property used for industrial production, such as factories, equipment for
production, etc. However, industrial property is a kind of intellectual property and thus
relates to creations of the human mind. Typically, such creations are inventions and
industrial designs. Simply stated, inventions are new solution to technical problems, and
industrial designs are aesthetic creations determining the appearance of industrial
products. In addition, industrial property includes trademarks, service marks
commercial names and designations, including indications of source and appellation of
origin, and the protection against unfair competition. Here, the aspect of intellectual
creations- although existent- is less prominent, but what counts here is that the object of
industrial property typically consists of sign transmitting information to consumers, in
particular, as regards products and services offered on the market, and that the
protection is directed against unauthorized use of such signs which is likely to mislead
consumers, and misleading practices in general.

The expression “industrial” property may appear as not entirely logical because it is
only as far as inventions are concerned that the main segment of economy that is
interested in them is industry. Indeed in the typical situation, inventions are exploited in
industrial plants. But trademarks, service marks commercial names and commercial
designations are of interest not only to industry but also and mainly to commerce. Not
with standing this lack of logic, the expression “industrial property” has acquired, at
least in the European languages, a meaning, which clearly not only inventions but also
the other object just mentions.

Such that the purpose of a system of Industrial Property Rights Promotion is to
encourage and to motivate inventors of inventions, creators of designs, and researcher,
to protect their right and confidently their business activities related to.

The Paris Convention provides that “the Protection of Industrial Property” as its object
should be:3


2
    [International bureau of WIPO, the Elements of Industrial Property, WIPO/IP/ACC/86/1,paras.2-9]
3
    Article 1(2) (I bid, paras.11-12, fn. 2)



                                                                                                      5
       1.   Patents
       2.   Utility models
       3.   Industrial designs
       4.   Trademarks
       5.   Service marks
       6.   Trade names
       7.   Indication of source
       8.   Appellations of origin
       9.   The repression of unfair competition

Copyright

Copyright relates to artistic creations, such as poems, novel, music, painting,
cinematographic works, etc. In most European language other than English, copyright is
called author’s rights.

The expression “copyright” refers to the main act, which in respect of literary and
artistic creations, may be made only by the author or with his authorization. That act is
the making of copy of the literary or artistic work, such as a book, a painting. sculpture,
a photograph, a motion picture.

The second expression, “author’s rights” refers to the person who is the creator of the
artistic work, its author, thus underlining the fact, recognized in most laws, that the
author has certain specific rights in his creation, for example, the right to prevent a
distorted reproduction, which can be exercised only by himself, where as other rights,
such as the right to make copies, can be exercised by other persons, for example, a
publisher who has obtained a license to this effect from the author.

Copyright is the exclusive right to do and get respect to the work, created by the author,
the author is the owner of copyright in the work, basically the right in the copyright to
respect and protect for his creation and the right to take profit from his work by
collecting for a limited period, the revenue generated by the use of works or certain
related acts are unlawful, except where the author or copyright owner has authorized
them. These uses may for

(1) Instance the copy or reproduction or adaptation to another medium
(2) Communication to public in any manner or form or any kind of works
(3) Letting for hire of the original or the copies of a computer program, an audiovisual
work, a cinematographic work and a sound recording.
(4) Giving benefits accruing from the copyright to other persons
(5) Licensing the rights mentioned in (1), (2) or (3) with or without conditions, provided
that the said conditions shall not unfairly restrict the competition.

These uses are subject prior authorization; in some cases the exclusive right of
authorization, which belong to the author or copyright owner, is replaced by a simple
right to remuneration when the work is used and, in certain circumstances, its use may
even be declared free by virtue of the law.



                                                                                         6
1.2 The Role of World Intellectual Property Organization (WIPO)
With the advent of the 21st century, intellectual property is playing and increasingly
important role on the international stage. The World Intellectual Property Organization
is an international organization dedicated to ensure that the right of creators and owners
of intellectual property are protected worldwide. The number of WIPO member states
now stands at almost 90 % of world countries. Thailand is also a WIPO member. The
need for international protection for intellectual property became evident when foreign
exhibitors refused to attend the International Exhibition of Invention in Vienna in 1873
because they were afraid their ideas would be stolen and exploited commercially in
other countries. That year marked the birth of the Paris Convention for the protection of
Industrial Property, the first major international treaty designed to help the people of
one country to obtain protection in order countries for their intellectual creations in the
form of industrial property rights.

The Paris Convention entered into force in 1884 with 14 member states, which set up
and International Bureau to carry out administrative tasks, such as organizing meetings
between the member states. In 1886 the copyright entered the international arena with
the Berne Convention for the Protection of Literary and Artistic Works. The aim of this
Convention was to help nationals of its member states obtain international protection of
right to right to control, and receive payment for, the use of their creative works such s
novels, songs painting etc.

At the importance of intellectual property grew, the structure and form of the
organization changed. In 1974, WIPO became a specialized agency of the United
Nations, with a mandate to administer intellectual property matters recognized by the
member states of the UN. WIPO expanded its role and further demonstrated the
importance of intellectual property rights in the management of globalizes trade in 1996
by entering into a cooperation agreement with the WTO. One of the agreements
negotiated was the Agreement on the Trade-Related Aspects of Intellectual Property
Rights (TRIPS Agreement), which came into force on January 1,1995. The TRIPS
Agreement has brought with it a new Era in the protection and enforcement of
intellectual property rights, as well as enhancing the value of WIPO program of work.
Moreover, provisions of the TRIPS Agreement concerning copyright and related rights,
trademarks, geographical indications, industrial designs, patents, and layout designs of
integrated circuits, directly complement international treaties and conventions which the
secretariat of WIPO, and its predecessors, have been in service, in some cases, for more
than 100 years.

On January 1996, an Agreement between the WIPO and WTO entered into force. It
provides cooperation concerning the implementation of the TRIPS Agreement, such as
notification of laws and regulations and legal- technical assistance and technical
cooperation in favor of developing countries including Thailand. WIPO realizes the
need of every country to protect and develop and intellectual property system for
economic and social well - being. Besides that, intellectual property protection enhances
the use and further development of local inventive and artistic talents and assets of local
intellectual property rights. Furthermore, the Intellectual Property system needs to be



                                                                                         7
developed in order to attract investment, and provide a stable environment in which
investors. Both local and foreign, can be confidant that their intellectual property will be
protected and respected.

To help realize these benefits, WIPO carries out a wide range of activities to modernize
and expand national intellectual property offices, as well as assisting members of the
WTO to bring their intellectual property legislation and administration into line with the
provisions of the TRIPS Agreement.

Berne Convention

The core of the Berne Convention is its provision directing that each of the contracting
countries shall provide automatic protection for works whose authors are citizens or
residents in such other countries. Each country of the union must guarantee authors who
are nationals of other member countries the same rights that its own laws grant to its
nationals. If the work has been first published in a Berne country but the author is a
national of a non-union country, the union country may restrict the protection to the
extent that such protection is limited in the country of which the author is a national.
The works protect by the Rome revision of 1928 include every production in the literary,
scientific and artistic domain (regardless of the mode of expression such as books,
pamphlets, and other writings), lectures, address, sermons (and other works of the same
nature), dramatic and musical works, choreographic works and entertainment in a mime
show, the acting form of which is fixed in writing or otherwise, musical composition,
drawings, painting, works of architecture and sciences. It also includes translations,
adaptations, arrangements of music and other reproduction in an altered form of literary
or artistic work, as well as collections of different works. The Brussels revision of 1948
added cinematographic works and photographic works. Moreover, both Rome and
Brussels revisions protect works of art for industrial purposes so far as the domestic
legislation of each country allows such protection

Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) 4

International harmonization of intellectual property rights was dealt with in the GATT
Uruguay Round negotiations on trade related aspects of intellectual property rights.
These include copyright and related rights; trademarks, geographical indications,
industrial designs, patents; semiconductor topography and undisclosed information, all
of which play a fundamental role in highly industrialized societies.

The level of intellectual property rights protection varies from country to country.
Therefore the development of international trade can be affected. Moreover some
countries have inefficient enforcement of such rights. This can cause trade in counterfeit
and pirated goods and then it damages international trade and businesses operators
especially for those holding such rights.




4
    WIPO, Structure of Agreement



                                                                                          8
The TRIPs Agreement lays down minimum standards for the protection of intellectual
property rights as well as the procedures and remedies for their enforcement. It creates a
mechanism for consultations and surveillance at the international level to ensure
compliance with these standards by member countries at the national level.

The Agreement provides a transitional period of five years for developing countries to
bring their IPR legislation in accordance with the provisions of the Agreement, and a
transitional period of 11 years for developed countries. (Up to January 2006)

The TRIPS Agreement creates the main international conventions on intellectual
property rights by reference to most of their provisions. Moreover, countries are
persuaded that these conventions guarantee higher protection than is required by the
TRIPS Agreement, as long as it does not violate its provisions. The main provisions are:

       •   Basic principle and general obligations

The Agreement reaffirms the basic principle of national treatment embodies in the
various IPR conventions, in particular with regard to the availability, acquisition, scope,
maintenance and enforcement. Foreign national shall not be treated less favorably than
accorded by a country to its own nationals. More over countries are required to extend
Most Favored Nation treatment to foreign nationals by not discriminating.

       •   Minimum standards of protection and duration of protection, and the control
           of anti-competition practices in contractual licenses.

There are the major elements of protection; the rights to be conferred and minimum
terms of protection for patents, copyrights and related rights trademarks industrial
designs, undisclosed information, including trade secrets and geographical indication,
and appellation of origin. Furthermore, the Agreement carries a section concerning the
control of anti- competition practices in contractual licenses.

       •   Restrictive business practices.

Developing countries were apprehensive during the GATT negotiations that the
strengthening of intellectual property protection could open more opportunities for
monopolistic abuses by suppliers who would be in ad dominant position to impose
restrictive requirements on the licensing of technology. There fore, the agreement gives
countries appropriate measures, including legislation in order to prevent intellectual
property holders from abusing their rights and adopting practices that unreasonably
restrain trade or may be affect the transfer of technology.

       •   Enforcement of IPR (Court orders, custom actions, etc.)

This Agreement lays the onus for enforcement by its member countries of its standard
and rules. Moreover it prescribes the institutional mechanism, procedures and remedies
in order to enable IPR holders to gain redress and provisional relief under civil law, and
to prevent release by customs authorities of counterfeit, pirated and other goods that



                                                                                         9
infringe Intellectual property Rights and for the prosecution of counterfeiters and pirates
under criminal law.

       •   Transitional arrangements for the implementation of the rules at the national
           level

Developing and least developed countries do not at present conform to provisions of the
TRIPS Agreement. The during for which patents are granted for inventions relating to
fertilizers, insecticides and pharmaceuticals is 20 years shorter in some countries.

Member countries have been given the transitional period within which to bring their
national legislation and regulation in conformity with the provision of the TRIPS
Agreement.

       1. Developed countries: one year, i.e. up to 1 January 1996
       2. Developing countries: five years, i.e. up to 1 January 2000
       3. Transitional economies: five years, i.e. up to 1 January 2000, if they are
          facing problems in reforming their intellectual property law.
       4. Least developed countries: 11 years, i.e. up to 1 January 2006.

In addition, developing countries that at present provide patent protection to process and
not to products, for instance in the food, Chemical and Pharmaceutical sectors, can
delay up 1 January 2005 the application of the obligation to protect products.

During the transitional periods, member countries need not take any measures that will
result in a lower level of protection to Intellectual Property Rights than that existing in
their territories.




                                                                             Annex 1




                                                                                        10
Chapter 2

Intellectual Property Promotion

2. Introduction
“There are a lot of technology information in the worldwide have utilized for
researching, licensing is an effective business too to convert investment into profit.”5

The promotional activities carried out in Japan seem to be very effective in the field of
IP. Today, many people in Japan understand the meaning of IP and they like to protect
the innovations rights while they themselves want to invent new things. The strong
evidence for this situation is that the JPO will receive more than 400,000 applications
for registration for the period of one year.

The researcher wanted to know the strategies and tools used for promotion activities in
Japan. For this purpose, he met with several key officials of the JPO, APIC, JICA and
JIII. And also the researcher participated an exhibition organized by the school children
to exhibit their new innovations at the National Art and Museum

It this chapter, the researcher would like to discuss some insights on Intellectual
Property Promotion in Japan along with the historical perspectives of Japanese
Intellectual Property Laws. It also provides a discussion on activities for the excellent
result for the achievement in Industrial Property Promotion.

2.1 What is Intellectual Property Promotion means?
Promotion basically means advertising, public relations, image building, and idea
selling. It is important to use promotion activities to encourage people not only to create
new ideas but also to protect others innovations.

In IP field, many people have emphasized the applicability of promotion. It is useful to
open a discussion on different promotional methods for IP.

Advertising is on of the powerful promotional tool that can be effectively used to
promote a product or an idea. It is a paid form promotion. The main advantage is that
the advertiser can market a desired message through advertising media. The following
media are available for advertising.

                   •    Television
                   •    Radio
                   •    Newspapers
                   •    Magazines

5
    “JIII Activity brochure”



                                                                                        11
               •   Cutouts
               •   Bill boards
               •   Banners
               •   Leaflets
               •   Sign boards

When using advertising, it is important to decide on a theme for the advertisement.
Then the expected message should be developed. Next, they should find out a suitable
media for the advertisement. Once the media is ready, then should decide the time and
frequency of advertising. It is believed that advertising is an effective way of promotion
of anything. The advertising in TV is more attractive than any other media because it
bring both image as well as voice.

Public Relations (PR) also play a vital role in promotion activities. Public relation
means the planned way of customer caring. The organizations should developed
mechanisms to attract and keep customers with them. Therefore, it is important to
develop effective public relation systems for every organization.

Image building is very important for organizations because through that they can
develop good relationship with outside people. Public relation can be used for this
purpose.

Idea selling is also an important part of promotion. Especially Intellectual Property is an
idea that needs attention of all the segments of the society. Wide variety methods are
employed for idea selling. Most common methods of idea selling are the use of symbol,
logo, letterheads, uniforms, unique color etc.

To encourage inventions by promoting their protection and encourage them to invent
new product will help to contribute to the development of industries.

It is needed to have a good information base for promotion activities. The utilization of
Industrial Property Information could be helped to promotion IP systems.

As mentioned above there are different tools available for IP promotion work. It is the
duty of the people to select the best method and use it for better results in promoting IP
work in their countries.

In Japan, JPO plays a vital role in IP promotion activities. Therefore, it is important to
understand the types of promotional activities carried out by the JPO. The researcher
would like to provide a brief introduction about JPO to enhance the understanding of
the set up of the JPO.

2.2 Introduction to the Japan Patent Office (JPO)
In Japan, Japan Patent Office is the namely involved in Intellectual Property promotion
activities. Japan Patent Office has done a large amount of contribution towards the




                                                                                        12
Intellectual Property promotion works during the past years. Therefore, it is important
to understand the Japan Patent Office as its organization as IP related works.

The Japan Patent Office (abbreviated as JPO) is external agency of the Ministry of
Economy Trade and Industry (METI). Besides JPO, there are two agencies of METI
that is the Agency of Natural Resource and Energy and the Small and Medium
Enterprise Agency.

Director General (now called Commissioner) is a head of JPO.
The JPO deal with the Protection of Industrial Property right including patent, utility
model design and trademarks. The JPO also provides information related to IPR and
responds to general inquiries.

The organization consists of a National Center for Industrial Property Information; an
Industrial Property Training Institute; Industrial Property Council and 7 Departments.
The General Affair Department, The Trademark, Design and Administrative Affair
Department, The First Patent Examination Department, The Second Patent Examination
Department, The Third Patent Examination Department, The Fourth Patent Examination
Department and The Appeal Department.6

General Administration Department
General Administration Department handles the coordination of all administrative
procedures at the JPO and other general affairs which not be undertaken by other
department.

      •   Personnel Division
      •   General Affair Division
      •   Budget and Accounts Division
      •   Technology Research Division
      •   Patent Information Division
      •   International Affair Division

The trademark design and Administrative Affairs Department
Consists of Formality Examination Division, Application Support Division,
International Application Division, Information systems Affair Division, Design
division and a Director. These division are responsible in receiving documents, in
charge of receipting, formality examination of applications and other documents, as
well as registration of patents, utility models, designs and trademarks and examination
of design and trademark applications, examines formality of patent and utility models,
design and trademark applications and keeps these applications until the start of
examination and prepared documents to be transmitted between the examiner and
applicant. This division too receives all the documents to be handled by Japan Patent

6
    The Japanese Patent Law System report by Agus Sardfono



                                                                                    13
Office except for those filed through computer networks and provides these documents
for public viewing as well as certifies the document. The Trademark and Design
Division examines trademark and design applications and deals with relevant
communications.

First Patent Examination Department
This department is responsible in coordinates office work, which related to examination
of inventions and examines inventions in the fields of agriculture and fisheries, civil
engineering, construction and physical science.

Second Patent Examination Department
This department is responsible in coordinates office work, which related to examination
of inventions and examines inventions in the fields of machinery.

Third Patent Examination Department
This department is responsible in coordinates office work, which related to examination
of inventions and examines inventions in the fields of chemistry.

Fourth Patent Examination Department
This department is responsible in coordinates office work, which related to examination
of inventions and examines inventions in the fields of telecommunications.

Appeal Department
This department is responsible in appeals against a refusal by the examiner and
examines appeals requesting invalidation or canceling of patent, utility model, design
and trademark in procedure similar to the court trial. This department and also examines
formality of document pertaining to appeal requests and opposition filings.

The Appeal Department consist of:

       The Appeal Examination Division
       The Appeal Examination for Trademark besides
       The Appeal Examination for Patent
       Handing Appeal against refusal by the examiners and examines appeals
requesting invalidation of canceling of a trademark in procedure similar to the court trial.

The above-mentioned departments are responsible for smooth functioning of the JPO.
In addition, there are other major institutions are operating in the JPO. A brief
introduction of each institute is given below.




                                                                                        14
The National Center for Industrial Property Information
The National Center is the long – term memory of the JPO, provides the information
that related to intellectual property information for industrial and researcher. It stores
the first Japanese patent dated from 1885, to the latest edition, Information on the
applications contained in all the IP gazettes, as well as 45 million documents from more
than 80 countries including cover the longest history of modern law such as the law of
England. These sources of information are available at any time to any interested party.
Offers industrial property consultation and implements various measures for a wider
circulation of industrial property information and establishment of a patent market.
More than 100 computer terminals with sophisticated document search and retrieval
functions are installed in the library for fast and convenient access to this treasure of
information and human knowledge. The National Center has been providing Intellectual
Property Information through different tools, as an outcome of the Paperless System.
Such as CD-ROMs and materials database, and all these is provided free of charge over
the Internet with a search tool since 1999. And public can access these facilities which
free of charge started from January 2000.

The Training Institute
The training institute offers various training programs for young professional talents to
broaden their knowledge on intellectual property affair. The training institute also
provides education programs for government officials and public service employees.

                                                                                Annex 2

The Role of JPO
One of the most important strategies that will lead the Japan society to a learning and
knowledge-based society is to realize the importance of industrial property and its
learning process is to promote public awareness of the benefits that can be reaped from
intellectual property in Japan daily life. Intellectual property is also an essential element
for creativity and the development of indigenous knowledge on competitiveness,
sustainable economic growth on trade development.

In the era of fiercely competitive trade and industrial, which rely on modern technology,
and to be solve the pressured, that Japan fell far behind the western countries in
technologies.

The JPO will have to adapt the roles and activities by streamlining its administrative
machinery and apparatus to keep pace with changing trends and new developments.
Since it deals directly with technology and invention, and also including of the
government policy stressed strategy on Science and technology only.

The JPO must be struggle to provide Intellectual Property related services that are
modern, convenient, prompt and economical, and Industrial Property Rights Promotion




                                                                                          15
system, The system of Industrial Property rights is also designed promote development
of sciences and technology. As Japan is on the threshold of the twenty first century, the
importance of this system has gradually grown by a considerable amount.

The role of the Japan Patent Office is to deal with the development in the entire
industrial sphere through its system for industrial property rights, including
examinations, trial and designing of plans for this system.

The role of Japan Patent Office is to encourage inventions through their protection and
utilization. It also to further develop industry by promotion and achieving technological
innovations.

The Japan Patent Office consist of General Affair Department, Examining Department,
Trial Department, General Information Office for Industrial Property Rights, and other
section and departments, which work in close cooperation, performing the functions
mentioned below.

   1. Granting Exclusive Rights to Patents

   The Patent Office receives an application from anywhere in the world, the
   examiners must be examine the filed documents with strictly from the viewpoint of
   technological and legal standards, could be granted or objection an application. A
   trial hearing will be conducted according to a strict procedure, which is based on the
   Code of Civil Procedure by an examiner during a first trial hearing instead of a
   District court hearing.

   2. Planning and Designing Industrial Right Policy.

   Another role of the JPO is to plan and design a policy for Industrial Property Rights,
   as the country is on the threshold of a creative age requiring an intellectual Property
   policy for the twenty first century.

       2.1     Expending the subject of Protection of Intellectual Property Rights,
       2.2     Revising the amounts for compensation for damages,
       2.3     Promoting the activities of universities and research institutions,
       2.4     Activating dormant patent, and other promotional activities.

   3. International Exchange and Co-operations

   JPO was study very carefully recommendation from the international organizations
   that concerned and had learned from the experiences of modern countries, on the
   basis of the IP experience, since Japan could be used in successful and great
   achievement satisfactory benefit in industrial and commercial markets. Japan should
   be planning IP draft as far as possible which the necessary special provisions so as
   to implement the international exchange and co-operations on protection of
   intellectual property rights and including gave full support to the develop activities
   in the area of the utility of IP information and update in present. Under the policy of




                                                                                       16
   government, it’s strengthened and mainly emphasized carrying out technology and
   science activities were of great significance and prepare its contribution and had a
   potentially great economic value.

   Now Japan is a member of the following multilateral agreements:
         • Japan became a signatory to The Paris convention for the protection of
            Industrial property in 1899,
         • Patent Cooperation Treaty (PCT) in 1970 an modifies on February
            3,1984, as in force from March 1,2001
         • World of Intellectual Property Organization (WIPO)
         • World of Trade Organization (WTO)
         • Bern Convention

   4. Improving the System for Industrial Property Rights and Improving the
      Operations of This System.

   Based on the result of this international exchange and planning and designing of
   measures aimed at ensuring industrial property rights, the Japan Patent Office
   revises legal ordinance and amends regulations, revises its guidelines for
   examination (software technology, bio-technology, etc.), to create a system suitable
   for its functions.

   5. Dissemination of Information about Industrial Property Rights.

   General information relating to industrial property rights, information for meetings,
   etc., relation to industrial property rights, is published in electronic format (CD-
   ROM), circulated as information about industrial property rights, and is available for
   inspection in reading rooms.

Principle Policies of The JPO

      •   Quick and Adequate Protection,

      •   Promotion of Intellectual Property Right awareness,

      •   Promotion of technology transfer from universities and institutes to the
          private sector,

      •   Utilization of Intellectual Property Information,

      •   Accession to the international registration system

      •   Endeavor for a world wide Patent,

      •   Enhancement of enforcement policies.




                                                                                      17
JPO and the Activities in “Era of Intelligence” and “Patent Mind”
JPO was a need to make a constructive effort in order to reach a deep understands of the
activities in era of intelligence and patent mind, which involved and to develop possible
approaches in order to achieve balanced solutions. And for further development and
environment where practical business skill regarding intellectual property rights, can be
learned through special training or others.

And for the resulting to encourage and motivate in inventors of inventions, creators of
designs, and researcher, to take a technology and a knowledge from information-
processing technique in intellectual property system, and also to protect his executive
right and confidently their business activities related to exploitation of Intellectual
Property Rights. Therefore Intellectual Property System should be promoted for any
person specialized in respected and recognized the right of Intellectual Property and
adjust the useful of Industrial Property information for developing technology.
Intellectual Property is the full of utility which is able to get more remunerate, and
useful for Industrial and Commercial.

          “Patent Mind” means

“Japanese to understand the utility of Intellectual Property system and structure well, in
order to contribute to development of scientific techniques, protect and respect
Intellectual Property Rights.

“Patent Mind” can be cultivated through effectively education the young generation.

The concept of Patent mind was promoted through out Japan to set the mind of its
people. Japan has developed its own promotional methods targeting especially on in
young people. Japan believes that young people can contribute more on intellectual
property field by innovating new things. The main problem they faced in promoting
among young people was the unmanageable numbers of people. The other problem was
the theme of promotion and who should take actions on promotion activities etc. 7

JPO and Developing Human Resource in the Era of intelligence for IP Promotion

The development of technology and science in achievement mainly depends on the
quality of people, who live in that country, many different strategies have been used to
develop human resources in organizations, training, meeting in grievance handling and
counseling, disciplinary actions, including the proper management human resource to
increased of quality of people are most crucial for organizational development and
growth.

JPO realized that IP fields should be revise in the full of human resource for developing
industry such as Patent Attorney Law, Implementation of local meeting on Industrial
Property Right and Industrial Property Right Seminars, support of intellectual property

7
    JPO, Annual report 2000



                                                                                       18
education which contain technology information and data on the results of research,
design, development and pioneering technology programs which have been applied for
developed and recognized as discoveries, invention, utility models and industrial
designs; and on the protection of Intellectual Property Rights and owner or the right
holder, Establishment of Patent Distribution and Technology Transfer Markets, finally
take the activities with the aim to lead international intellectual property, than
establishment of a framework for globally for cooperation in IP system.

The JPO has initiated a number of new changes to make IP system in Japan more
effective. The amendments to the Patent Attorneys’ law are provided with one of such
important changes in Japan.

      1. Revision of the Patent Attorneys Law8

It is necessary to plan the ability and knowledge of patent attorney, whose previous
work has mainly entitled agency, operation and procedure to file the patent applications,
which are the result of technological development, and the improvement of public
services.

        1.1     Review of the scope of operation of patent attorneys.
The operation base on the need and respond flexibly to private Enterprise, development
of IP strategy, and include to:

                •   Mediation, agent business of license contracts, and consulting business
                    on industrial property rights, semiconductor circuit arrangements,
                    writings, and technological secrets,
                •   The filing with customs against the counterfeit products,
                •   The authority of patent attorneys is writing arbitration procedure for IP
                    system and specific unfair competition and compromise procedures
                    accompanying arbitration.
          1.2       Promotion of participation of younger and skilled persons.

A review of the contents of the patent attorneys examination system in order to increase
the number of patent attorneys, the scope operation, as well as the establishment of the
partial exemption rule for those who hold other qualifications from taking certain parts
of the examination, were carried out.


                    USA           Patent Lawyers                about 16,000
                                  Patent Attorneys              about 4,000
                    Japan         Patent Lawyers                about 300
                                  Patent Attorneys              about 4,300




8
    JPO, Annual Report 2000



                                                                                          19
       1.3.    Establishment of incorporation in order to offer comprehensive
               services.

The rules of the Japan Patent Attorneys Association allow patent attorney to establish of
incorporation for patent business and branch offices, and the various need of the patent
attorney recognize to comprehensive and continuous services and to promote
deployment of patent attorney nationwide.

       1.4.    Duties and obligations of the patent attorney

The legal obligation of the patent attorney is to keep official secrets, and prohibition to
action something to loss of credibility.
The Minister of Economy, Trade and Industry realize the patent attorney duties and
obligations which was clarified in the relevant legal reform and including to:

               To prepare a disciplinary system,
               To extent the business suspension term,
               To establish investigation rights.
               To prepare a budget

The JPO has organized a large number of promotional activities in IP promotion field.
The researcher would like to explain the type of promotional activities conducted by the
JPO below.

2.    JPO and Implementation of Local Meeting on Industrial Property Right and
      Industrial Property Right Seminars

The implementation of local seminars to improve efficiency of the personnel in charge
of IP works in line with the government policy and to provide efficient service to the
public and to promote knowledge, and understanding of IP laws in every level by:
      2.1     The meeting or Seminars on IP course for beginning,
      2.2     The meeting or Seminars on IP course for business people and other
              organizations and researchers
      2.3     The meeting on the amendment of IP laws, or developing IP system.

3.    JPO and Supporting of Intellectual Property Education

JPO has developed support measures for IP right for education and knowledge of the IP
system and distributes these materials free of charge to educational facilities all of
sectors and enterprises and in order to promote the “patent mind” throughout the
country. Just for Japan to proper in the era of intelligence of the 21st century. And all of
these were distributed free of charge.

      3.1     Distribution of supplementary reading materials on industrial property
              rights,
      3.2     Distribution of Industrial Property Rights standard textbooks, that to
              introduce IP systems and why inventions need patents.



                                                                                         20
         3.3     Distribution of Industrial Property Rights multimedia materials,
         3.4     Various Intellectual Property Promotion Activities, such as the meeting
                 for instructor or model class observation tours for the effective utilization
                 of various teaching materials in the classroom are held throughout Japan.

Establishment of Patent Distribution and Technology Transfer Markets9

Japan noted that the task was to advance consensus on how patent distribution and
transfer to markets those importance issues should be addressed and pointed out that the
emergence of the knowledge economy rendered all forms of creativity and innovation
even more valuable, and that with modern technology resources had assumed increasing
economic, scientific and commercial value to a wide range of markets.

Japan aims to revitalize economy through the development of Industrial technologies
and to become a nation which emphasizes achieve these goals, Japan needs to promote
creative research and development activities and to establish a social structure that
creates new business by utilizing intellectual property rights, which are the fruits of
such research and development activities.

It is said that in the USA, a pro- patent policy that has been promoted since the
beginning of the 1980 and the establishment of a national technology transfer system
centering on such locations as universities have accelerated he creation of many high-
technology venture businesses and resulted in the present international competitiveness
of the US.

In light of the above, since 1997 the JPO has been taking comprehensive measures
based on promotion of patent distribution, provision of released patent information, and
support of intellectual property right traders in order to establish a technology transfer
mechanism in which intellectual property rights play the key role.

The JPO also supports the activities of the Technology Licensing Organizations,
authorized under the Law for Promoting University-Industry Technology Transfer that
entered into force in May 1998, as well as the patent-related activities of researchers in
universities

         1. Promotion of Patent Distribution,
            1.1    Patent distribution advisors
            1.2    Patent distribution Fairs
         2. Provision of Released Patent Information,
            2.1    Patent distribution database and collection of utilization examples of
                   unused patents
            2.2    Patent evaluative indexes (Creation and publication of a tentative
                   proposal)
            2.3    Patent maps in specific technical fields.


9
    JPO, Annual Report p 26-30



                                                                                           21
         3. Support and Development of Intellectual Property Rights Traders.

              3.1     Development of traders engaged in intermediary business of
                      intellectual property right transactions
              3.2     Creation of database on IP trader-related information.
              3.3     Exchange with US. and European IP Traders.

Establishment of a Framework for Global IP network10

International linkages and the global protection of inventors’ right have grown in
importance for many purposes, including the development of a system of cooperation
among countries.

Since establishment WIPO in 1967, has worked actively for the global protection of IP,
and administration of number of international treaties related to IP, including other
Agreements was signed to effect for protection of industrial property rights and will
support people’s intellectual creation activity and encourage them to produce as many
inventions of ideas as possible.

WTO and TRIPS promote IP protection in developing nations and have inspired a sharp
rise in foreign patent applications by Japanese corporations. Japan believes in the
importance of actively supporting developing nations and has taken many measures to
this end, which will ultimately provide the basis for the protection of Japan’s
intellectual property.

The Japan Patent Office is also participates actively in various international activities
exchanges and related to protection of industrial property rights and harmonization of
the international system for industrial property rights, exchanges related to patent
disputes, it cooperates with industrially advanced countries in Europe and America, and
promotes international co-operations and cooperation between individual countries
(education of experts, exchange of information, cooperative examinations). Based on
the results of international exchange and planning and designing of measures aimed at
ensuring industrial property rights.

Effective Intellectual Property Rights in Japan

         1.   Effort to Develop a Global Patent System
         2.   Trilateral Heads Meeting
         3.   The Second Information Meeting of the Head of Patent Office
         4.   International Harmonization of Trademark System
         5.   Cooperation with Developing Countries
         6.   Anti- counterfeiting Programs


                                                                       Annex 3,4

10
     JPO Annual Report p 32



                                                                                      22
In addition to the JPO, there are few other institutions also involved in Intellectual
Property promoting in Japan. Among those institutions Japan Institute of Inventions and
Innovations (JIII), Asia-Pacific Industrial Property Center (APIC) takes the lead.

The Role of The Japan Institute of Invention and Innovation

In addition to Japan Patent Office, there are two other Institutions namely Japan Institute
of Invention and Innovations, and Asia – Pacific Industrial Property Center conduct
Intellectual Property promotion mainly through training Program following is mainly the
organization as activities of Japan Institute of Invention and Innovation as Asia – Pacific
Industrial Property Center on Intellectual Property Promotion.

The Role of JIII The Japan Institute of Inventions and Innovations.

In 1904 was founded under the name of Association for the Protection of Industrial
Property, the corporation has undergone various changes, and successively in promoting
the patent system and encouraging among nationals.

The JIII is a public co-operation pursuant to Article 34 of the Japanese Civil code. It has
about 11,000 members consisting of about 6,000 corporations and about 4,900 individuals.
It has a head office in Tokyo and branch offices in all of the 47 prefectures.

The Outline of activities JIII:

   1. Encouragement of Inventions
      1.1     Commendation for Excellent Inventions,
          1.1.1 Nationwide commendation for Invention.
          1.1.2 Local commendation for Inventions.
      1.2     Holding of Exhibition for Inventions
      1.3     Promotion of Inventions for Young People.

   2. Dissemination of the Industrial Property System
      2.1   Consultation Activity
      2.2   Development of Human Resource – training activity.
      2.3   Investigation Activity
      2.4   Publishing Activity
      2.5   Sponsoring contests, and instituting commendation systems,
      2.6   Seminars on Industrial Property Rights
      2.7   Activities for Preparation of Supplementary readers and standard
            Textbooks for Students and Dissemination
      2.8   Issue of Technical Bulletins for Public Disclosure
      2.9   Activities for Support for Small and Medium sized Enterprises.

   3. Dissemination of Patent Information

   4. Assistance to Foreign Countries.




                                                                                      23
The Role of Asia – Pacific Industrial Property Center or APIC
Asia – Pacific Industrial Property Center was established in 1996 for developing
countries in the Asia Pacific region with the aim of developing human resources in
related intellectual property fields. The role and the activities are commissioned by the
Japan Patent Office and sponsored by Collaborate Companies of Japan Institute of
Invention and Innovation JIII and related organizations and receives cooperation from
the Japan International Cooperation Agency JICA and the Association for
Overseas Technical Scholarship AOTS etc.

With the progress of internationalization, international cooperation in the field of
industrial property rights in the Asian-Pacific region increased in importance. In
response to this situation, in order to Further strengthen cooperation promoted by such
activities as the training of persons mainly from the ASIAN countries engaging in the
practical work of industrial property, with the cooperation of related organization such
as WIPO, and the Association for Overseas Technical Scholarships, and the Japan
International Cooperation Agency.

What methods are used in promoting intellectual property?11

It is necessary to promote and increase proficiency in Intellectual Property various
activities through different medias, ways and all of the equipment and materials need for
those matter.
             • Through mass media
             • Through public sector organization
             • Through laws
             • Through companies/organization
             • Through Institute organization

Intellectual Property Promotion In Japan is also has been used these various ways
through Japan Patent Office handle and undertaken all policies by Government about
Intellectual Property Promotion, which JPO set the role and strategy of activation of
Intellectual Property Promotion through to APIC, JIII, JIPA and other organizations.

       2.1     Intellectual Property Promotion tools in Japan

“ The upgrading of the environment for Intellectual property Rights toward 21st
Century and for Era of Wisdom”

Japan has recently announced the policy entitled, which is aiming at further
strengthening of the patent system and further vitalization of the national’s intellectual
property. The government by Japan Patent Office was prepared intellectual property
tools for promotion in different ways and different cases depended on various issues and
subjects:


11
     Experience of Japan



                                                                                       24
         2.1.1   Government policy mark on Intellectual Property system,

The key is lead to the success of IP Promotion is the strong construction through
government’s policy and corporate comprehensive and strategic activities.

         2.1.2   Public awareness and human resources

The Intellectual Property Promotion gathering every segments to improve technological
prowess through R&D and increasing the added value of good and services. As a result,
competition in cutting edge fields. Than the activation Intellectual Property practical
ability in human resources and public awareness are necessary, as IP seminar and
training. And cultivating IP minds start on elementary school, Junior high school, high
school, university institute, enterprises, and organizations, for learning specialized IP
practical ability.
                   - IP seminars,
                   - Dispatch of IP licensing advisors,
                   - Reduction of IP fees for education institutes,
                   - Accelerated IP information for Universities, TLOs, SMES,
                   - Activities of Invention Club for children, school, education
                       institutes and enterprises.

         2.1.3   Supporting on Intellectual Property materials

The strategic optimization of the Intellectual Property value for the purpose of
strengthening industrial competitiveness, it is necessary to use IP materials support on
IP Promotion,
                  - As Information Technology on Internet from IPDL-JPO provided
                      by IP center at local area,
                  - Foreign IP Information (issued by PCT, EPO, USA, SIPO, KIPO,
                      DIP and others, sale by JIII
                  - Publication IP textbooks, by JPO and than some distribute to
                      domestically junior schools, universities and research institutes.
                  - IP Gazettes on CD-ROM, sale by JIII and PAJ sales by JAPIO)
                  - Publication’s judicial information of Japanese IP trials.

   2.2      Others resource Involve in IP Promotion

The industrial property system represented by patent and registered utility model
systems are designed to encourage inventions through the protection and utilization
thereof, and aims at the development of industry through the realization of technological
innovation for the industrial property systems to fully function, it is important for all
organizations to actively promote measures that meet the needs of the times, as well as
for the people and industrial circles to utilize the system. Any activities tied with
development is dependent on persons participated in the development, persons who
have professional knowledge and abilities to cope with the situation emerge, this cannot
be achieved or accomplished without a well- trained organized systems and highly
promoted personnel. Experience without knowledge is not a key to success. The



                                                                                      25
knowledge of education with a well planed curriculums and continuity is extremely
important and the education system should be well organized so that chances in
education are well distributed and well delivered.

   1. Roles Played by the Utility Model System.

The Utility Model system introduced in 1905 played a significant role in drawing the
national’s interest in invention, At the first time when this system was introduced, as
“Novel models concerning the shapes of articles, their structure, or a combination
thereof “were regarded as the subjects of protection, the many applications were field by
the wide range of classes of the national concerning clothes, daily necessaries, etc. with
which they were always familiar.

The introduction of the systems which even general citizens could feel strong affinities
with brought about a rapid increase of people’s interest in invention, such a rise in the
national’s interest produced several examples of success which brought about a good
result of further cheering up the national’s interest in invention.

In such manner, the utility model system in Japan was greatly exploited during the
process of its rapid growth in industry and technologies, and contributed to extension of
bases of its domestic technologies and raising the level of the bases, of which life cycles
are short.

   2. Development of related measures

In order to encourage the national’s inventive activity, it is necessary to take diverse
measures covering various points including the upgrading of an environment necessary
for inventions as well as the patent system.

   2.1     Development of the human resources.

Japan was special emphasis on officials, rights holder and users. Specialized training
has provided technical knowledge of IP system to paten attorneys, public officials, IP
judges and Customs officials, as well as general IP knowledge to the public and private
sectors. Asking the world for knowledge. Japan dispatched many human resources to
the advance, made effort to introduce and learn the legal systems, educational systems,
science and technology, medical science, etc.

   2.2     Upgrading of the Basis for Technical Information Services.

The challenge for most of the developing countries is to find ways and means to link
academic and scientific sectors to stimulate economic development. So the tireless
efforts of upgrading of the basis for technical information service for new intellectual
creation and researcher through technical cooperation under the auspices of the Japan
International cooperation Agency (JICA) and JPO has been providing various technical
Information through different tools as an outcome of the paperless system.




                                                                                        26
   2.3     Importation of Technologies,

The technologies introduction from abroad were further improved by Japanese
engineers and their efforts achieved in developing new and original technologies and
producing new types of apparatus for Japanese’s use. The combination of the advanced
technologies introduced from abroad with the improved inventions soon raised the
competitiveness.

   2.4     Technical Guidance

Small and Medium size Enterprise’s often need technical advice concerning technical
improvement, or inventive activities. In order to satisfy these requirements, authorized
consultant engineers system, or technical advisors systems are available. The industrial
technology centers established by the many local government conduct support such as
giving technical advice, renting testing facilities, preparation of articles made on and
experimental basis, and providing a space for test working.

   2.5     Utilization of the Patented Inventions and Promotion of transfer.

Since the utility of industrial property encouraged and opened to public awareness for
developing technology in industrial and commercial is essential to facilitating
technology transfer for small and medium enterprises, than JPO with sufficient
experience in technological development and IP management as patent distribution
advisers and dispatches them to IP centers nationwide and facilitation of technology
transfer from universities or research institute to private enterprises, which wish to
introduce the utility of patents and meet with each other and exchange idea, in the way
JPO has created a complete data base of industrial property information and in addition
JPO should be hold in:

                   -   Upgrading of complete data bases
                   -   Holding of a patents distribution fair
                   -   Establishment of the patent transfers system.

   2.6     Financial Support

Many kinds of measures for support, such as favorable treatment in taxation, the grant
of loan or subsidies, if the themes are related to the matters to be recognized particularly
as important by the country such as new energy, or biotechnology, etc. measures for
special financing and special reduction of tax are also available from the viewpoint of
promotion of the national technologies and industrialization thereof.

   2.7     Commendation and Honoring

The commendation or honoring of those who have contributed to the encouragement of
inventions or the science and technology may be effective for rising the further research
will of researcher.




                                                                                         27
   2.8     Enlightenment toward the national.

In addition to school education, various actions are taken in order to raise the interest in
science and technology and inventions and exalt their mind on those matters among the
national in general. In the days when the patent system was established, there was yet
little understanding about the inventions or patent system among the national, and then
government endeavored to enlighten the national by holding various events vigorously,
such as “patent exhibitions”. As the “Invention day” and on that day various functions
of events are held to raise the national’s interest in inventions and the patent system.
The government is, therefore, putting stress on various measures to arouse interest in
science and technology among the national in general. In addition to holding, lecture,
meeting, seminars and exhibitions, and expansion of museums, etc.

As before, various measures have been tried to provide people in general with more
opportunities to contact scientists or engineers, to open the research institutions to the
public and to prepare “Science Camps” to make them gain real experiences of research
fields.




                                                                                         28
Chapter 3

Difficulties encountered in IP Promotion in Japan

Introduction
Taking experience from the previous chapter, the researcher would like to explain the
nature of difficulties faced in IP promotion in Japan in this chapter. When discussing
difficulties, it is intended to limit only to main issues rather than listing many minor
issues. The following will be the major issues faced by Japan in promoting IP.

The most critical problems/issues facing on Industrial Property Promotion in
Japan

The experience of Japan in the field of IP promotion is important to Thailand as a new
comer to the IP world. Japan has engaged through out their history in developing IP by
promoting the idea of new innovations. The following main problems have faced them
in the past.

       1. Unawareness of the public.

           At the beginning of the Meiji period, a large number of new innovations
           have introduced to the Japanese society. But there were no proper laws to
           safeguard those laws and also the publics are unaware of the importance of
           innovation. They had to be educated. Japan has a population of about 256
           millions. It is not easy to educate that amount of large number on the
           importance of IP.

       2. Unawareness of IP implementing Officers.

           The officers who are attached to Police, Customs and other government
           officers must be educate on IPR. This has to be done systematically. Japan
           has conducted many programs aiming these officers. These programs helped
           to make a good understanding on IP.

       3. Delay in Courts

           Under the current practice, an examiner will carry out substantial
           examination with respect to the requirement of registration, if the examiner
           has a reason to reject that application, he will notice of preliminary rejection
           to the applicant. The applicant can file and argument against to the
           Preliminary Rejection section. When the Preliminary Rejection makes
           decision of rejection that application again. The applicant can file an Appeal
           against the decision of Rejection before the Appeal Board of the JPO. When
           the Appeal Board of the JPO is not overcome the decision of Rejection. The
           applicant can file and appeal against the decision of Appeal Board of the




                                                                                        29
   JPO before the Tokyo high Court within thirty days, and the case of
   foreigner who hasn’t residents in Japan has plus three months from the date
   of receipt of the decision. When the Tokyo High Court confirm the decision
   of Rejection. If the dissatisfied applicant that has a chance to file, and appeal
   before the Supreme Court. In addition of IP infringement action are started at
   the district court and then may be appealed to the high court and finally may
   be appealed at the supreme court. However under the new civil procedure
   law, which is effective, the reason for appeal before the Supreme Court is
   restricted.

   Most procedure on legal case is delayed. Then the concerned parties will be
   affected. Usually, to get a decision it takes more than one year in Japan. In
   other counties, the time may be more

4. Lack of Attorneys

   Attorney whose previous work has mainly entitled agency, operation and
   procedure to file the patent applications, those are result of technological
   development, and the improvement of public services.

   In viewing the development of the patent system in Japan, patent attorney
   have played a very important role in the intermediary care of industrial
   property matters involving legal and technical problem between the
   applicant for patent and the Patent Office.

   Inventors are generally skilled only in the field of art with which they are
   familiar. Having wide knowledge of industrial property laws and practice,
   the patent attorney is consulted on and advises on all areas of the industrial
   property laws and practice and the right that can be accrued wherefrom for
   inventors and applicants. In addition, a general attorney can handle any legal
   matters including industrial property-related cases, representing a client
   before the JPO, any court or the ADR center.

   The role of a patent attorney is not necessarily the same in all countries, in
   position to stand alongside the applicant and fully assist them in the security
   and protection of their rights,

   The main professional role of patent attorney in Japan is to take proceeding
   for the acquisition of industrial property rights at the JPO, Patent Attorney
   closely cooperate with their clients in preparing applications, especially the
   specification, claims and drawings, and in prosecuting the applications,
   especially in preparing arguments and amendments in response to Office
   Actions. The filing and the prosecution with Patent Offices in foreign
   countries, including giving advice and consulting as to what type of
   protection is available, are done through patent attorneys or practitioners in
   the respective countries.




                                                                                 30
   Compare to the number of people, IP in Japan the Attorneys are limited.
   Since the selection procedure is hard, it is difficult to be an Attorney in Japan,
   and PA should be training knowledge about IP fields. Now in Japan wants
   to increase the number of IP Attorneys.

5. Counterfeit products

   There were many counterfeit products in the Japanese market at the
   beginning. Counterfeit products problem is a same degree essential to
   develop the countries and industry.

   In Japan, the First National Industrial Exhibition was held in Tokyo in 1877.
   It was extremely successful compared with other events of the time, with
   84,353 exhibition items and a total of 454,668 visitors. Japan’s government
   widely promoted Japanese technologies and products on this occasion and
   many others.

   The Japanese market, on the other hand, was in a state of chaos due to the
   suspension of the enforcement of the Provisional Regulations for Monopoly
   and the fact that no clear rules had been established.

   The absence of adequate laws to protect technologies and products spreading
   across Japan led to their being indiscriminately counterfeited. Shoddy
   products flooded the market, damaging the entire domestic and import
   industries.

   The countries cannot obtain the tax and reduce the reliability in the world
   without importing products from overseas. Basically, the companies invest a
   lot in researches; cost and the time to be plan the products, developing
   products in the market. But counterfeit products match effort in a short time;
   they just only notice what products are popular in the market, unnecessary
   research, plan and develop the products are not necessary for the counterfeit
   products. It makes company effort a waste of investment, if this cycle
   continues; the company’s power will weaken. On the other hand, counterfeit
   products will be grown up. Finally, the infringe will start to look for the next
   target.

   The counterfeit products have been a long time problem. This problem it will
   not only be a large problem but will also reduce the developing technology’s
   power. But now Japan notices how to prevent the counterfeit, Alliance
   action against the Infringer and make fair competition society. With the
   introduction of strong laws, to take some legal action, to improve the laws,
   in particular, patent, trademark design patent copyright rules are completely
   established. On the other hand, unfair competition law or fair trade law is
   also established all over the world. Of course, the contents of those some are
   difficult problems. But Japanese had a social responsibility. With
   cooperation many company representatives, lawyers, government authorities



                                                                                 31
    and relatives of government attended. Now the most important thing is to use
    smoothly, this problem has reduced at present. Japan is the cleanest market.

    Japanese Police is the most active against counterfeits, and the only one,
    which designate two months, May and October as special month for IP
    protection.

    Japanese Customs is also the most against counterfeit products and the only
    one, which assigns IP Officers in every Customs Offices.

    The following organizations were established to protect IP right, Union des
    Fabricants in 1980, Japan Federation of Importers Organization Anti-
    Counterfeits Committee in 1982, Anti –Counterfeit Association in 1986,
    Japan Trademark Association in 1988, Customs Intellectual Property
    Information Center 1989.

    As long as the consumers are willing or want to buy the counterfeit products,
    the counterfeit will never stop counterfeit products, manufacturing,
    exporting and retailing.

    However, a lot of consumers are willing or like to buy the counterfeits. It
    should to find out and stop counterfeit in every ways with proper
    management and improvement the quality of products in IP licensing.

6. Lake of proper IP policy

    Many developed countries incorporated basically strategies major aspects to
    make economic development possible. These aspects are: the role of the
    Government in encouraging economic development through proper IP policy,
    and linking the academic and scientific sectors with economic development.
    Before Japan has grown to a level of assuming a leading role in the world’s
    economic powers, and largely vast under-standing and knowledge of science
    and technology, the government of Japan, at the beginning of Meiji edge,
    Japan had a lot of various problems facing on Intellectual Property
    Promotion and also including to lack of the proper IP policy, after the Meiji
    period, government had made a new policy’ s remarkable renovation which
    well recognized on IP system could play in achieving industrial development,
    and find out a lot of measures, and different ways to campaigns in order to
    provide people in general with more opportunities to contact scientists or
    engineers, to open the research institutions to the public and to prepare
    “Science Camps” and Patent Mind, with the policy of “Era of Intelligence”,
    or “Era of Wisdom” that making Japanese gain real experiences of research
    fields. And get modern technology from other countries.

7. Lack of technology




                                                                              32
Industrial property is an information technology document of industrial
property, which has a lot of technology, for research and development
technology, there are a lot of technology information in the worldwide have
utilized for researching, licensing is an effective business and
commercialization. Utility of industrial property information is the low cost,
and easy to get access from the worldwide. Better technologies have been
developed after Japan knew the utilization of information. Product
manufacturing and technology will increase through creation of new
industries. Information-processing technology including databases and on-
line retrieval systems is progressing rapidly. In order to keep up with this
technological change, the costly in this case and expenditure of research in
information technology are due to such trend as an increasing consciousness
with regard to intellectual property in each issue and problem.

In the early stage’s Japan innovation history. Industries mostly based on
Japanese traditional technologies, such as lacquer ware, porcelain, tea and
raw silk, Japan industrial felt lack of modernization of technology for
developing country; a lot of companies’ needs technology for research and
developing new modern technology from the western countries. And also the
government policy marked on technology and science for development
country, at the time Japan was established the Japan Patent Office that is
managed and realized to technology and science, since then, industrial
property have attracted attention in Japan, as import technology from western
and strove to elevate the standards of Japanese industry and economy.
Getting remunerate of Industrial property and utility for developing industrial
and technology.

However intellectual property is unable to quickly furnish these matters,
should to endeavor provide update and complete technology information and
activities for industry.

Today, industrial property has come to enjoy greater weight in industrialized
nations. Japan in particular has ended its catch-up type growth, and is called
on to create new technologies and industries.




                                                                            33
Chapter 4
Intellectual Property Promotion in Thailand

Introduction
In most developing countries, the people always believe that the intellectual property
protection will only benefit foreign inventors or foreign companies and the local people,
on the other hand, are exploited by complying with international rules and regulation.
This attitude has a negative effect on the implementation of the IPR and especially on
the promotion of national innovation, invention and creativity. The negative attitude of
the local people towards the protection of IPR needs to be clarified and corrected by
conducting series of dissemination and public awareness to ensure that the local people
understand and realize the fact and benefits of the IP protection for their own sake.
There are many ways or approaches as follows that national IP Offices can take into
consideration to alter the above attitude of the people and overcome this serious
problem.

Thailand’s Intellectual Property System
The Department of Intellectual Property of Thailand or The DIP has a relatively short
history, having been established only about ten years ago. However, our intellectual
property has a very long history especially in the field of Copyrights, which was
initiated more than a hundred years ago while trademark law and patent law were
enacted in 1931 and 1979 respectively.

Thailand joined the World Intellectual Property Organization (WIPO) in December
1989 and the WTO on January 1, 1995. Since then, the DIP has taken necessary steps to
amend all relevant laws and to draft new ones to meet the obligations in accordance
with the TRIPS Agreement.

Intellectual Property laws in Thailand were enacted respectively, different Ministries
administered them, history seen the change of administrative bodies in respect of each
periodically.

The law on Trademark and Trade name 1914 was established Trademark Registration
Office in the charge of the Ministry of Agriculture. After the registration of the
trademark became more important for commerce and needed mere efficient
management. The task with respect to the registration of trademark was transferred to
the Department of Commercial Registration attached to the Ministry of Commerce in
1923. And 1992 the Department of Intellectual Property was established to hold direct
authorities concerning the protection and development of Intellectual Property.

As for Copyright, Ministry of Education was responsible on the act for the Protection of
Literary and Artistic Works 1931, and the Copyright Act 1978, however, after the




                                                                                      34
establishment of the Department of Intellectual Property in 1992, the Copyright Act was
transfer across to the Department of Intellectual Property in the Ministry of Commerce.

Since then, the Department of Intellectual Property was handle copyright matter even
under the present Copyright Act 1987.
For Patent matter, the first Paten Act in 1979 was handle and forced, the responsibility
to administer the law under the Department of Commercial Registration in the Ministry
of Commerce. And when the Department of Intellectual Property was established in
1992 took charge of the Intellectual Property even under the present Patent Act.

The types of Intellectual Property Laws in the present;

      • Patent Act in 1999: The current Thai Patent Act, which entered into force on
September 27,1999 has already been revised to comply with the TRIPS Agreement.

The petty patent has been incorporated under the amended Patent Act. The introduction
of petty patent is a deliberate attempt of the DIP to boost degree of research and
development of technology in the country. It is a clear recognition that at present there
are few people who could fulfill the requirements on the granting of patent, but many
could satisfy the requirements of petty patent

        • Trademark Act in 2000: Trademark Act in 1931 has been amended by the
Trademarks Act (No. 2) (2000), which has come into force on June 30, 2000. The
amending Act extends the scope of protection to cover color groups, shapes or forms of
objects (dimension). It also protects national flags, international organization’s emblems,
and geographical indications by prohibiting the registration of such.

      • Copyright Act in 1994: The existing Act is already in line with the Berne
Convention for protection of literary and artistic works and the TRIPS Agreement.

        • Layout Designs of Integrated Circuit Act in 2000: This new legislation has
entered into force as from August 10, 2000. In its real essence, this law accords
protection to a creator of a layout design (topographies) of integrated circuit, by offering
the creator exclusive rights to reproduce, import, sell or distribute for commercial
purposes the registered layout design and making any of such acts without authorization
of the right holder an infringement. The protection will result in the enhanced
promotion and encouragement of the development and transfer of technology in
connection with the production of integrated circuits.

      • Plant Varieties Protection Act in 1999: This new Act has entered into force on
November 26, 1999. The Act is under the supervision of the Ministry of Agriculture and
Cooperatives. It not under taken of DIP.

       • New Laws: The DIP is aware of the need to implement the TRIPS obligations
during the time limit of five years. Special working groups have been set up to draft the
new laws on:




                                                                                         35
The Protection of Geographical Indications Law, and Trade Secret Law12

It is Thailand policy that the new laws should help to promote trade and investment both
at the domestic and international levels. The draft laws both are currently awaiting the
consideration of the Parliament.

The administrative authorities of the Ministries concerned include the appointment of
competent officials, the issuance of Ministerial Regulations, Ministerial Announcement
and regulations and others as authorized by the laws so as to implement those laws. In
reality, the administration of intellectual property in Thailand much relies on Police
Authority. The infringement of violation of IPR is normally criminal act in accordance
with the laws concerned. Accordingly, the right holder may choose to take a criminal
process. Initially, the right holder usually notifies the police authority of the offence.
The police then handle the case before forward it to the public prosecutor and the Court
respectively.

Unsettled disputes in respect of intellectual property always see their destination at the
specialized Intellectual Property and International Trade Court. The IP&IT Court is
equipped with well- trained career judge and associate judge specialized in the related
fields so that it can manage the cases, which are different from other conventional
disputes effectively.

In terms of copyright and performer’s right, the idea to regulate the establishment and
operation of agencies administering the rights and collecting remuneration for the use of
frights has emerged. The state intervention not only aims at the protection of right
owners but also to prevent excessive demand from the users of rights.

Police

Police authority is significantly involved in the administration of intellectual property
rights. The laws usually provide that the infringement or violation of rights is subject to
criminal sanctions. The deterrent effect of penalties is expected to help discourage the
infringement. While the right owners can institute the criminal action by themselves,
most of them prefer to have the case handled by the police because of the latter’s
authority to arrest the suspects and to search and to search and seize infringing materials
which will be important evidence in court afterwards.

The injured person may notify the police that have the jurisdiction over the case.
However, it is suggested that the right owner contact a special unit there for because the
matters need special knowledge to be handled effectively. The police unit, which is
specialized in offences concerning intellectual property, is the Economic Crime
Investigation Division. The violation of intellectual property rights is a branch of
economic crimes that are within the authority of the Economic Crime Investigation
Division. The jurisdiction of ECID extends throughout the country. After a through
investigation, the police will forward the case to the public prosecutor if it finds

12
     Intellectual Property of Thailand, Chulalongkorn University, Thailand.



                                                                                        36
sufficient grounds to prosecute the accused. It may be required upon the instruction of
the public prosecutor to conduct more investigation or to collect more evidence.

Public Prosecutor

The Function’s Public Prosecutor is unlike Police, the Public Prosecutor does not
initiate any infringement case. The responsible public prosecutor scrutinizes the
investigation file conducted by the police. He may instruct the police to obtain more
evidence to strengthen the case. The prosecutor will decide. According the evidence,
whether the accused should be prosecuted or not. If the non- prosecution order is made,
the police are authorized to object to such decision. The Criminal Procedure Code
regulates the exercise of discretionary power of both agencies and endorses the opinion
of the attorney General as to the prosecution of the accused as final.

Intellectual Property and International Trade Court

The central Intellectual Property and International Trade Court established by the laws
for the Establishment of and Procedures for Intellectual Property and International
Trade Court in 1996. The rationale of the establishment of the specialized court of
justice is officially recorded as follows:
           13
           “……… Intellectual Property and International Trade cases are different from
general civil and criminal cases. If the cases are considered by the judges who have
good knowledge and understanding of intellectual property and international trade
matters and by external persons who have the same qualifications actively participating
in the trial and adjudication, the trial will be operated more rapidly and effectively. The
intellectual property and international trade court should, therefore, be established to
facilitate the convenience and justice….”

The existence of the IP&IT Court and its procedures offer a number of favorable effects
to the administration of intellectual property. The combination of two professional
judges and one associate judge on the same panel helpfully makes the judgment
consistent with the laws and practices. The procedures demand a continuing trial, which
consequently produces a quicker judgment than conventional rules. The judgment can
be appealed to the Supreme Court. Certainly, the litigation would take less time than
that of a usual case, which has to go through three courts, the trial court, the Appellate
Court and the Supreme Court to get a final decision.

Establishment of the Department of Intellectual Property (DIP)14

The Thai Ministry of Commerce established the Department of Intellectual Property on
May 3rd, 1992 with overall responsibility to administrate Copyrights, Patents,
Trademarks and all other IP issues. The establishment of a separate department for
intellectual property reflected the determination and a very clear policy that Thailand

13
     Lecture note of The establishment of the specialized court of justice
14
     Intellectual Property of Thailand, DIP



                                                                                        37
treats intellectual property as a positive and dynamic tool for economic and social
development.

Since then, as the Thai economy has undergone rapid changes and the market has
become highly competitive, there have been increasing demands for government
services in trade promotion, protection for business operators, protection of consumer
rights as well as intellectual property right (IPR). As a result, during the past the DIP
become well known to the public both at the domestic and international levels, through
the promotion of public awareness, Enforcement actions and cooperation with other
international IP agencies. On the domestic front, the DIP has laid a solid path for right
owners to protection of their right and has encouraged creativity, innovation and
invention. Internationally, the DIP attaches great importance to regional cooperation
such as with the Mekong Basin countries, ASEAN and APEC forums. It creates both
bilateral and multilateral cooperation.

Presently, the DIP is going to provide better services to the public and to make a
positive contribution in both the regional and international arenas. It tasks will be
further expanded as Thailand continues to face the challenges of new technology,
greater competition and greater demands for effective enforcement of intellectual
property rights than ever before.

The Department of Intellectual Property is designed with authorities:
      1. To implement the laws on patent, trademark, copyright, and other relevant
           laws under TRIPs Agreement.
      2. To Development the IP system, pattern and methods of IP protection; to
           communicate and coordinate with international organizations or handling
           of legal matters concerning the laws on patent, trademark, copyright and
           other relevant laws as well as to draw up the Department’s plan to be
           compatible with the master plan of the Ministry.
      3. To perform the acts which are prescribed in other laws as the Department
           duties or which the Ministry or the Cabinet assigns

The Department of Intellectual Property of Thailand comprises with eight divisions:
          1. Patent Office
          2. Trademark Office
          3. Copyright Office
          4. Promotion and Development IP Division,
          5. The Coordinating Center for Suppression of IPR Violation,
          6. Legal affair and Appeal Division,
          7. Secretary Office,
          8. Administration Office.

The responsibility of the Department of Intellectual Property has developed far beyond
the traditional role of just simply administering industrial property. It now covers all
intellectual property issues and cooperation policy with the related agencies or
organizations, both at domestic and international level. The DIP has been instrumental
in the promotion of IP as one of the factors influencing domestic and regional



                                                                                      38
investment and economic development as well as coordinating with various government
agencies. The DIP has also played a significant role in bringing about changes in order
to bring the Thai intellectual property regime into line with international standards and
practices conducive to our economic and social development. No effort has been spared
to ensure that there is a comprehensive and effective network to enhance the level of
IPR protection for the country’s intellectual property system.

Highlighted Activities of the Department of Intellectual Property focus on two
main areas, as follows:15

              1. Human Resources Development

A series of seminars, workshops and meetings have been held all over Thailand, with
special emphasis on officials, rights holder and users. Specialized training has provided
technical knowledge of IP system to paten attorneys, public officials, IP judges and
Customs officials, as well as general IP knowledge to the public and private sectors in
both Bangkok and the provinces. The DIP has also been active in Promoting the
teaching of intellectual property at every educational level, producing IP curriculums
and distributing extra reading materials and encouraging the teaching of IP early in the
academic life of Thai university students.

              2. Access to Information

The DIP has already invested a lot of manpower and resources in providing facilities
that ensure faster and more convenient access to information for the public. A computer
system has been developed under the Industrial Property Information Center Project
(IPIC), through the support and cooperation of the Japanese Government and JICA, to
improve the capacity of its, DIP examiners and to make industrial property information
more accessible. Now everyone can easily access the DIP Retrieval system on the
Internet, facilitating the search for patent and IP information. Our comprehensive IP
Library collects many textbooks, official gazettes, and various documents in the field of
intellectual property, as well as science and new technology.

The development of the intellectual property system can be materialized only when
public knowledge and understanding have been built up in this sphere. To this end, the
Department of Intellectual Property has taken efforts to create public awareness and
apprehension of intellectual property in a variety of forms, as detailed below.

1) Dissemination via Mass Media

Dissemination of knowledge and understanding of intellectual property has been
undertaken through various media, namely, by means of radio and television
broadcasting, spot advertisements, documentaries, news, newspapers, magazines,
bulletins and other printed materials.


15
     DIP Annual Report 2000



                                                                                      39
2) Dissemination via the Internet

A website (accessible through the www.ipthailand.org URL) has been launched for
disseminating information with regard to activities of the Department of Intellectual
Property as well as law relating to intellectual property. The Qs & As Service in relation
to these matters is also provided on this website. In addition, another website named "IP
for Kids" is established and specially devoted to children under 15 years of age in order
for the youth to absorb knowledge in intellectual property.

3) The Organization of the Intellectual Property 2000

The Intellectual Property 2000 Project has been organized in an endeavor to disseminate
knowledge and understanding in the field of intellectual property to teachers, students
and general members of the public. For these purposes, several activities have been
initiated under the umbrella of this Project, namely: Thai Intellectual Property
Exhibitions launched in an effort to encourage Thai people to build up creativity and
create inventive works; lectures on fundamental principles underlying intellectual
property; Intellectual Property Quiz Contests participated by students and leading to
scholarships, round-table seminars on copyright and workshops on the search of data
from official patent documentation. Apart from these activities, the Department of
Intellectual Property has also held meetings attended by Provincial Commercial
Officials, at which the Department's policies have been announced in the interest of
their implementation in connection with the improvement of services relating to
intellectual property. These activities have been carried out in 4 regions of the countries,
in the Provinces of Chiang Rai (in the North), Rayong (in the Eastern part), Khon Kaen
(in the Northeast) and Song Khla (in the South).

4) The Organization of the Thai Intellect Discovery 2001

This Project has been intended to feature a contest in the creation of creative works in
the categories of invention and product design and aimed at triggering, amongst
students, inventors, designers and general members of the public, enthusiasm for
inventing or creating new works or studying local intellect in an attempt to make further
development from it and generating their awareness of the protection of rights in their
created work by way of filing an application for registration of the work in accordance
with the relevant law. Indeed, the aspiration encapsulated in the Project is extended to
promoting and encouraging concrete commercial exploitation of the created work in the
interest of enhancing its value. In the implementation of this Project, road shows have
been launched in different regions of the countries, namely, in the Provinces of Chiang
Mai (for the North), Song Khla (for the South), Khon Kaen (for the Northeast) and in
Bangkok.

5) The Organization of the World Innovation and Creativity Exposition (WICE
2001)

The Department of Intellectual Property, in association with the Impact Exhibition
Management Company Limited, held the World Innovation and Creativity Exposition



                                                                                         40
2001 (WICE 2001) at the IMPACT International Goods Exhibition Center, Thailand in
February 2001 with a view to encouraging Thai people's innovation and creativity
leading to the added value of goods and services and awareness of the desirability and
significance of the protection of, and respect for, intellectual property rights enjoyed by
others. At this Exhibition, the works of His Majesty the King Bhumibol Adulyadej, Her
Royal Highness Princess Maha Chakri Sirindhorn and Her Royal Highness Princess
Chulabhorn were also displayed. The exposition was also extended to works and
products in respect of which patents and trademarks have been registered for protection.
The WICE 2001 was also given greater fascination by many branches of folk artistic
and cultural shows as well as the demonstration of product design by various
associations of producers in Thailand. In addition, this Exhibition embraced training in
searching data on new technologies from official patent documentation made available
on the Internet. Several seminars and workshops relating to intellectual property were
also held there.

6) Workshops, Seminars and Training

The Department of Intellectual Property has held, numerous workshops, seminars and
training, as will be enumerated below.

Round Table Discussion on Problem Arising from Becoming a Member of the Paris
Convention on the Protection of Industrial Property and the Patent Cooperation Treaty
(PCT). This took place in June 2000 for the purpose of educating State agencies and
private organizations concerned on these matters.

Patent Agents Training

This training was organized in order to provide to those registered as Patent Agents
under the law fresh knowledge and practices with regard to patents under the law on
patents.

Seminars organized to promote research on and development of technology recorded
in official patent documentation with a view to achieving more advanced technology
capable of industrial application and leading to products or goods of enhanced value. In
this connection, there were held a training on searching data from patent documentation
on the Internet, a workshop on advanced techniques in drawing up an application for
registration of a patent in the patent agent's perspective and an exhibition demonstrating
the works winning awards from the Thai product design contest.

Meetings of copyright holders and users of literary works

These meetings were held for the purposes of exploring problems encountered in this
area and brainstorming approaches for curbing these problems, in the interest of
commercial exploitation by creators of the copyrighted works.

A Seminar on the Collective Management of Copyright and Performers' Rights in
the 21st Century.



                                                                                        41
This seminar was organized to educate participants on underlying principles, procedures
and problems in relation to the collection of royalties for the use of copyrighted works
and performers' rights and was expected to contribute to the efficiency of the collection
systems.

A Seminar on Internet Piracy

This was organized to be an instructive forum with regard to the roles of technologies,
approaches for protecting copyrighted works against piracy, techniques for taking legal
proceedings involving Internet piracy and codes of conduct of Internet Service
Providers (ISP) relevant to piracy, in the interest of efficient protection of rights of
copyright holders.

A Seminar on Reduction of Risks in Software Mismanagement

This Seminar was also served as an intriguing forum for presenting, for public
education, information on diverse forms in which software piracy occurred at the
expense of copyright holders and also intended to provide a delicate opportunity for
participants to meet copyright holders and address enquiries regarding details pertinent
to their copyrighted works.

A Workshop on Draft Law on the Collection of Copyright and Performers' Rights,

The organization of this Workshop was to discuss appropriate approaches for solving
problems with regard to the collection of royalties for the use of copyrighted works and
performers rights in respect of the communication of such works to the public, for it has
been believed that a specific law on this matter would enable right holders and
performers to have a fair share in the proceeds derived from the communication by a
third party of their works to the public.

The Coordination in Relation to the Suppression of Intellectual Property
Infringement

The Department of Intellectual Property has entered into coordination with the Police
and representatives of copyright holders in connection with the effective and continual
suppression of intellectual property infringement, in an endeavor to constitute pressure
on, and barriers to, traders of pirated goods. In addition, the mobile suppression
taskforce has been established for approaching places of production, storage and
wholesale of pirated goods. This endeavor has, indeed, resulted in a statistical increase
in recorded attacks on intellectual property infringement.

The Protection of Thai Intellectual Property in Foreign Countries

The presence of problems frequently encountered by Thai exporters in relation to
application for registration of intellectual property in foreign countries and high
incidences of overseas infringement of Thai people's intellectual property, which have



                                                                                      42
had detrimental effects on both Thai export and the protection of intellectual property,
have eventually led to the establishment by the Department of Intellectual Property of a
Service Center in charge of giving advice on registration for right protection in foreign
countries, receiving complaints about infringement abroad, providing information on
laws, rules, regulations and procedures to be observed in filing an application for
registration in foreign countries and coordinating with Office of Thai Commercial
Affairs in foreign countries or with the Office concerned with Intellectual Property in
each country. This is intended to ease currently confronted problems and obstacles in
connection with application for registration and piracy of our nationals' intellectual
property. In addition, the Department of Intellectual Property has initiated a special
program for protecting trademarks of Thai exporters in Laos. For this purpose, manuals,
laws and regulations on registration of trademarks in Thailand and Laos have been
prepared and distributed on a reciprocal basis, and seminars have been organized to
educate Thai-Lao border traders on the right to apply for registration of trademarks in
Thailand and Laos to be accorded protection.

The Development Information Technology Systems

The Department of Intellectual Property, in cooperation with the GTZ (a well-known
German Organization), has established Regional Intellectual Property Data Service
Center for the purpose of serving the public in searching technological data from
official patent documentation and searching data related to trademarks with an aid of
on-line computers. In this instance, technology-related data in 4 categories of goods
have been made available to local communities: canned processed food, ceramics,
industrialized fishery products and herbs. The first Service Center has been set up
within the Commerce Office in the Province of Chiang Mai and there will be
established Service Centers in another two regions, namely in Song Khla for the South
and in Khon Kaen for the Northeast.

International Cooperation in Intellectual Property
The Department of Intellectual Property has entered into cooperation with various
countries in the sphere of intellectual property in order to keep pace with global changes
in circumstances surrounding intellectual property and make known our country's
leading role with regard to international participation in the safeguard of national rights
and benefits emanating from intellectual property. The cooperative missions can be
brought into light below.

1) The Cooperation between Thailand and ASEAN

The cooperation between Thailand and ASEAN Member Countries can be envisioned
from the following activities.

1.1 The 7th ASEAN Meeting of Trademarks and Patents Experts.

This international forum was organized for considering the "ASEAN Common Filing
Form for Trademark/for Patents" to be used as a model form in the application for



                                                                                        43
registration of trademarks and patents in each ASEAN Member Country and
considering the "ASEAN Regional Filing Form for Trademarks/for Patents". These
Forms have been intended to be in line with procedures and stipulations set forth by
legislation in force in each Member Country.

1.2 The 13th Meeting of the ASEAN Working Group on Intellectual Property
Cooperation in April 2000

This meeting was on association with representatives from the European Patent Office
(EPO). At this Conference, requests were made for assistance in the administration and
examination of intellectual property, computerization and an IP Digital Library. In
addition, consideration was made of the Hanoi Action Plan, the progress of work in the
implementation of the obligations under the TRIPS Agreement and training programs
for officials working in the area of intellectual property.

1.3 The 2nd ASEM on Intellectual Property in March 2000.

This International Meeting was concluded at the Meeting that developing countries
would accelerate the implementation of the TRIPS Agreement and, additionally, that all
countries would join hands in, especially, fostering the protection and enforcement of
intellectual property rights and make swift efforts to render assistance to developing
countries in the form of technical and training support. The Meeting placed particular
emphasis on the acceleration by enforcing agencies of their action to be taken towards
efficient right enforcement.

1.4 The Bilateral Meeting Thailand and Laos in December 1999

This Meeting, led to the conclusions that Thailand would provide assistance in training
Lao officials in trademarks and patents and that there would be an exchange of a list of
well-known trademarks of each country. To this end, seminars would be held in border
Provinces for promoting the protection of trademarks of both countries and efforts
would be taken to reach effective ways in which local intellect, traditional arts and
culture and genetic resources could be accorded protection at an international level.

1.5 The Bilateral Meeting Thailand and Cambodia in 2000

Which both countries undertook a review of the implementation of mutual cooperation
in information exchange, human resources development and directions for solving
infringement of Thai copyright in Cambodia. In effect, Thailand offered Cambodia
assistance in its development of human resources in this area as well.

2) The Bilateral Meeting Thailand and Japan

A bilateral meeting between Thailand and Japan took place in the Province of Chiang
Mai and was intended to be a forum for concluding the result of the implementation of
the assistance projects offered to the Department of Intellectual Property by the Patents
Office of Japan and also for discussing the preparation of future mutual action plans



                                                                                      44
such as the assistance in technical and personnel development, the establishment of an
IP Library to serve as a research center for the Mekong River countries and ASEAN
Member Countries, the establishment of the Global Institute for Development and the
electronic administration of intellectual property affairs.

3) The Bilateral Meeting Thailand and Australia

At this meeting, both parties reviewed actions taken in the implementation of the
bilateral cooperation contained in the Memorandum of Understanding signed in
February 1997 with particular emphasis on officials exchange between the Government
agencies of both countries in the hope of strengthening close collaboration in
information exchange, law enforcement, expansion of networking to private-sector
organizations, in particular, in regard to development of new laws of both countries and
the use of electronics as a principal means of communication.

4) Bilateral and Quadric Meetings Initiated by Thailand and the European Union

A bilateral meeting between Thailand and the European Patent Office (EPO) to be an
international congregation for a talk on co-operation concentrated upon patents and
personnel development. In this regard, the European Patents Office is prepared to offer
support for establishing the ASEAN Patent Office in the future in order to enable
ASEAN to be one of the World prime pillars for invention and, in addition, offer
Thailand assistance in personnel development, in particular, in connection with patent
examination and automatic administration by means] of common software for patents
and trademarks. In addition, there was held a quadric meeting participated by the
Department of Intellectual Property of Thailand, the European Patent Office (EPO), the
Intellectual Property Office of Slovenia and the Intellectual Property 0ffice of Laos. At
this multilateral Meeting, there were stimulating discussions and exchange of opinions
on ability to invent and create intellectual property works for national development.
There was also a bilateral Meeting between Thailand and Slovenia, to discuss and step
up activities in the implementation of the cooperation programs under the Memorandum
of Understanding on Intellectual Property mutually signed in June 1999 which has
attached particular importance to the information networking, exchange in the form of
official visits of personnel of Government agencies of both countries and personnel
development.

5) Bilateral Meetings Thailand and France

A bilateral Meeting between Thailand and France was organized for reviewing the
implementation of the action plans pursuant to the Fifth Meeting of the Joint
Commission on Intellectual Property for the purposes of promoting efficiency and
effectiveness of work. As part of the agreements reached at the Meeting, Thai officials
will be sent to France for attending training and French experts in PCT will be stationed
in Thailand to provide technical assistance in 2000. Apart from these arrangements, it
was also agreed to expedite an exchange of a list of well-known trademarks in both
countries. The Franco-Thai Seminar on Geographical Indications as Strategic Tools for
Business and Rural Development was also organized in Bangkok, This Seminar was



                                                                                      45
aimed at educating participants on geographical indications and appellations of origin
which would, in turn, result in Thai people's awareness of the significance of legislation
to be enacted for protecting geographical indications and appellations of origin and Thai
people's ability to produce local goods of specific quality by using natural raw material
of some particular property and characteristics found in that particular geographical
origin so that the goods can be of higher value and marketable at higher prices, given
that Thailand is rich of such resources and traditional elements.

6) Bilateral Cooperation in respect of Copyright and Neighboring Rights

The Department of Intellectual Property has agreed with several countries, namely,
Australia, China, Cambodia, Vietnam and Slovenia, on action plans regarding copyright
and neighboring rights. Such action plans set out mutual cooperation in human
resources development, personnel exchange and law enforcement for the protection of
rights enjoyed by copyright holders and performers. The Department of Intellectual
Property, in co-operation with the GTZ, also organized in Bangkok a Seminar on Legal
Proceedings for Infringement of Copyright in Computer Software. This Seminar was
intended to suggest approaches and procedures for taking lawsuits against computer
software piracy, with a view to elevating efficiency of the enforcement of the copyright
law in both civil and criminal actions.

7) Workshops within APEC Countries

The Department of Intellectual Property and the Technical Cooperation Organization of
Japan jointly hosted the sixth Intellectual Property Workshop.

The Development and Improvement of Copyright Administration
1) The Administration of Royalty Collection

In order to bring forth orderly, efficient and concrete administration of the collection of
royalties for the use of copyrighted works, the Department of Intellectual Property has
taken the initiative in preparing Draft Law on Royalty Collection for Copyright and
Performers' Rights, In this connection, a seminar was held in March 2000 as a
brainstorming forum with regard to this Draft Law and was attended by State agencies
and private organizations concerned. To this end, it has been contemplated that
Collecting Societies should be under supervision of the State to ensure fairness to all
parties.

2) The Development and Improvement of Copyright Databases

The Department of Intellectual Property has also strove to develop and improve its
copyright-related information systems. This mission has been separately carried out in
accordance with the correspondingly different classes of copyrighted works, in the
interest of data management (whether in the process of receiving data, searching and
examining data and publicizing data on the Internet) and for the sake of effective
commercial exploitation of copyrighted works.



                                                                                        46
The Development of Result-Based Management (RBM)
Since 2000, the Department of Intellectual Property has, in association with the Office
of the Civil Service Commission, introduced the Result-Based Management (RBM)
method in the evaluation of its work performance. The RBM is the new system utilized
for monitoring and assessing work performance in the Government service. As the
RBM is based upon Critical Success Factors (CSF) and Key Performance Indicators
(KPI), it serves as a sharp tool for clear and concrete evaluation of work performance.
For these reasons, the Department has put it into use in the hope that it is instrumental to
the amelioration of efficiency of work administration within the Department.16

Comparison on promotion action between Japan and Thailand
Many developing countries strategies incorporated basically major aspects to make
economic development possible are aspect on the role of the Government in fostering
economic development through IP policy, and in addition linking the academic and
scientific sectors with economic development.

Than one of the most important strategies that will lead the Thai and society to learning
and knowledge-based society is to realize the utility of intellectual property and its
learning process is to promote public awareness of the benefit that can be reaped from
intellectual property in our daily life. Intellectual property is also an essential element
for creativity and the development of indigenous knowledge on which our
competitiveness, sustainable economic growth and trade development are based. Like
that Japan leaded to developing country, their society and industrial technology are
progressive and achievement on utility Intellectual Property System.

The following table shows a comparison of Intellectual Property promotion activities of
Japan and Thailand.


           Subjects                       Activities              Organized by JPO             Organized by DIP

     IP information service     -Patent Information on-line      Had done by JAPIO       Had done by DIP
                                Retrieval service, Internet
                                service
                                -IP Gazettes on CD-ROM           Yes, (JPO by JIII)      No (IP Gazettes on Paper)

                                - IP Information on Internet     Yes (from IPDL, JPO     Yes (Un available the English
                                                                 by IP center and        translation and done only DIP)
                                                                 automatic English
                                                                 translation)

                                - Foreign IP Information         Distribute by JIII      Distribute by DIP (free for
                                issued by IPC, EPO, USA,         (and free for student   Only education institute 200
                                SIPO, KIPO and DIP               200,000 articles)       articles)



16
     Annual report 1999 by Department of Intellectual Property page 21- 37



                                                                                                      47
                             - Judicial Information of Japan   Yes                       No
                             IP trials

Supporting the Acquisition       1.   Consultation             Have                      Have
         of Right                2.   Electric application     Yes                       No (only data application)
                                 3.   An agency fee            Have                      Have

Promotion the licensing &        1.   Sales of invention       Yes                       Yes
Utility of IP Rights                  and paten through        By JIII and               Under taken by DIP only and
                                      technical journals.      distributed to student    has a few volumes, do not
                                                               about 200,000articles     distribution specific to student.
                                                                                         Just to Institute Library.
                                 2.   Holding invention        Yes                       Yes (not often once or twice per
                                      exhibitions and fairs                              year)
                                 3.   Notable invention        Yes                       Yes

    Disputes IP Right        Infringement and counterfeit      Yes                       Yes
                             goods consultation
                             Publication IP cases              Yes                       No
Commendation and Awards           1. National                  Yes                       No
                                      Commendation of
                                      Invention
                                  2. Recommendation for        Yes by JIII or other      Yes Just has it in 2001 by DIP
                                      medal                    organizations and         and not often.
                                                               private enterprises
Activities                   Government,                          Full By JPO and        Full budget, administration and
IP Promotion                 Public Awareness                     JIII APIC AOTS,        promotion activities in IP system
                             Children, school, university,         JIPA, etc. And        organized and action by DIP
                             organization.                     private enterprises all   only.
                                                                     cooperation
                             IP Promotion organization,              By JPO and          Holding IP Promotion activities
                             Holding, Seminar, Education,      cooperation action by     only DIP. Unless the subject of
                             Training,                          JIII APIC AOTS and       Enforcement on IP Rights
                             Enforcement                           JIPA, etc. And        cooperation other government
                                                                 private enterprises     sectors, such as IP court, Police




When comparing the promotion systems in both Japan and Thailand, it appears that are
most of cases IP activities of Thailand had likely with Japan. However, in certain some
cases those are vacuum on IP activities in Thailand, as private sector is not seriously
involved in IP promotional activities. Like as JIII activities and other organizations do
that. Another activity on IP Promotion of JPO is Intellectual Property Digital Library in
the program of IP Paperless System. DIP should be getting some concept about that to
set some activities for improve IP Promotion in Thailand.




                                                                                                       48
Chapter five

Suggested Solutions
Introduction

The researcher discussed some points on this research subject about Intellectual
Property in Japan and Thailand, covering evolution on IP Promotion and current
activities. It also highlights the some situations and some problems, and why Japan is
very successful and greatest in achievement on IP Promotion compared to Thailand.

The possible reason may be that Japan has done some work before other countries on IP
promotion. This include the industrial technology achievements in Japan and would be
better more than others, and Japanese were cooperation together to change their
industrial technology on the other hand, and tried to get and apply technology from the
western countries that they think is modern than Japan in full options up to day, so
Japan in a board sense can be listed as a developed country. Based on the study
fundamental principles in this research, this case should be mark to the reasonable and
important issues that concern and gathering in each historical, which had relation and
enactment would regulate a fair basis between Intellectual Property in Japan, Thailand
or others countries usually are really lack of advantages.

The following disadvantages have been identified as weaknesses in developing
countries including Thailand.

   1.   Non - availability of qualified people to promote intellectual property
   2.   Public unawareness,
   3.   Lack of resources money, human, media, etc.,
   4.   Non – recognition of the importance,
   5.   No properly government policies,
   6.   Quick change in laws.

Actually developing countries are so far behind modern technology, than the crisis’s
and problems were faced in different encountered on Intellectual Property Promotion
more than Japan, In the fact that, before developed country, Japan was faced on
development and critical tremendous damage in industrial destroyed on all over Japan
after World War II and more than others, which this research already had revealed the
process and secret of haw Japan, which had been an industrializing country, so the type
of development countries is just only one factors, that concerned and effectively in
Intellectual Property Promotion system, and the important reasonable in deep to
suggestion on Intellectual Property Promotion, not only their activities, ways, tools, and
other resources to find out the reasonable that why Japan had done it so successful than
others.

In addition should to be summary the ways on Intellectual Property Promotion in these,




                                                                                       49
           1. The role of the Government is also crucial for IP Promotion, a strong IP
              policy that helps to stimulate economic development. Government Policy is
              the best ways to planning and cooperated the policy to complete in the aims
              of intellectual property promotion. Just the political system is remarked on
              renovation in technology and science, which well a role of patent system. In
              order to make the policy successful and catch up with industrially developed
              countries, the establishment of a patent system was essential. And that why
              called the office in namely Japan Patent Office Thus, the main policies and
              strategies to be extensively carried out every technologies resources for
              developing country, and the utilities of industrial information technology and
              exploitation in intellectual property right, with emphasis people cooperated
              in an effort to introduce the advanced industrial technology from abroad and
              development or applied technologies for industrial, while the bureaucracy
              supported the private enterprises operated together, and with the new co-
              operation strategy and policy to use the advanced technologies from abroad
              with improved inventions to carry out economic activities of enterprises
              smoothly and progressive, incoming and outgoing produced by new
              technical license agreements convert into the black. The actions of Japanese
              enterprises for improved. The technologies introduced from abroad were
              further improved by Japanese engineers, their efforts achieved in developing
              new and original technologies and producing new apparatus types for
              people’s use, such as small typed electronic desk calculators and household
              video tape recorders.

           2. Innovative entrepreneurs resource
              Innovative entrepreneurs are the ones who influence the most, economic
              development by generating products, processes or services that have not
              existed beforehand. Through innovations, entrepreneurs create markets and
              extend economic activity through the creation of new forms of supply and
              demand. Innovations always associated with greatest risks since it works
              under unknown grounds and uncertain conditions. However innovations
              discover new areas where economic exploitation could be made. These new
              areas help to generate diverse complementary industries that provide great
              benefits to other productive sectors in a country. So development of
              entrepreneurial culture is fundamental to achieve greater economic growth
              rate.17

           3. National Natural Resource, also are necessary to take and study in relation
              and supporting the activation.

           4. Culture activities and National Tradition Resource is the one of factor to
              support and encourage public awareness to cooperate government activities
              in smoothly and achievement in IP Promotion and getting on science and
              technology fields progressively.


17
     Intellectual Property Rights and Foreign Direct Investment” New York: United Nations, 1993



                                                                                                  50
        5. The Intellectual Property Promotion capacity building systems such
           education programs, demonstration of modern technologies, can be used to
           support public awareness creations. Also, the employment of capable people
           to handle Intellectual Property promotion activities will bring the positive
           results on this subject.

        6. Nationalism is very important in the development of IP- related human
           resources on intellectual property promotion activities, and employment of
           capable people to handle Intellectual Property works.

        7. The best strategic optimization of the Intellectual Property value for the
           purpose of strengthening industrial competitiveness and development of
           effective promotion program. And recognition of importing of Intellectual
           Property promotion works.

        8. Other resource such like different political systems, the fundamentals of IP
           legal and administrative involved in intellectual property promotion. And
           finally the proper management into the quality of human resource.

Suggestions for DIP

This effort research will consider ways, in which Intellectual Property Promotion in
Thailand should be exercise to accomplish the role of achieving the appropriate
intellectual property promotion, and making efforts to improve Thai intellectual
property system toward with research and study of the Japan’s experience in intellectual
property promotion systems in various problems.

Encouragement and Promotion of Inventiveness and Diffusion of the IP System for DIP
study, exactly that the experience and knowledge obtain from this paper will be useful
in future career and responsibility on IP activities, and more ever to expect that DIP
should be successful in style of Japan management to urge the present working quality
and bring about efficiency for every assignment in DIP, Thailand.

   1.     Strengthened promotion and take on a more visible,

   2.     The values and modern standards of technology have long been supported on
          technology development research. With organization cooperation,

   3.     Proper planning policy government, the policy’s government should be able to
          play a vital new role in the area the technological and science structure in
          place.


   4.     Financial seed money support to Organization, Institutions and Associations
          on IP work, likely JPO, JIII, APIC and many organizations on IP Promotion
          work. Especially as it related and created the transition to new creator.




                                                                                     51
   5.    Public awareness in Thailand will explore the feasibility of entering this arena,
         also be particularly effective in Intellectual Property Promotion works. In
         Japan, most effective promotional methods are the public awareness programs
         conducted by JPO. In addition, the exhibitions organized by JIII for school
         children and inventors have gained much attraction. And how they may be
         exercised and practical on IP fields,

           •   Organize public awareness programs.
               Since most of the Thai people are unaware on the importance of IP, it is
               suggested to organize one-day seminar series to cover all the provinces
               in Thailand.

           •   Publish textbooks on IP.
               Like in Japan, it is essential to publish some textbooks to be distributing
               among school children on IP knowledge. In Japan these textbooks are
               very popular in schools their distribute amount 2oo,ooo articles free of
               charge in students.

           •   IP information services in paperless system
               1. Online retrieval services on paper form, IPC, applicant technical
                   word and other original key words. Including IP information
                   applications, which service in Internet.
               2. Industrial Property Digital Library service in the program of
                   Paperless system.

           •   Media campaign on IP promotion
               The mass media should be used to initiate a debate on       IP promotion
               work in Thailand with the support of the DIP Office, and private sectors.

           •   Establishment IP Training Association for IP Promotion center, Carried
               out training activities in present training seminars and lectures to public
               and training for trainees, training contents directly linked to practical
               activities, training in problem-solving techniques and methods, the
               lecturers from academics, legal circles, and businesses. And provides
               experts and lectures to facilitate training IP programs from overseas. The
               IP Center consist of, people in the IP field, or various field, Thai
               academic, legal circles, and private business, chiefly from IP officer.
               Using the most advanced information, equipment and facilities IP works
               from IP official.

                                                                            Annex 5

Conclusion

General belief is that Intellectual Property has benefits only the developed countries,
which is a great mistake. For instance it is realizing that IP knowledge truly useful to
create and innovate the economic and technological development of a country. And also



                                                                                       52
new technologies that enjoy IP protection will give rise to new industries, and new
intellectual creation and in turn creating employment and new markets.

However natural resources, or cheaper labor are benefited to be a nation competitive. It
is critically depend on the measurement by quality of development of technology in
human resources and it will have a greater impact over the development of a whole
country.

In this report, I have mainly discussed the nature of IP rights, its evolution, the
importance of IP promotion, nature of difficulties faced in organizing IP promotion
work and how Japan develop mechanisms to create general awareness among the public.
I also suggested some promotional activities for DIP in Thailand, taking lessons from
Japan.

The study on promotion system of IP in Japan has gave me the opportunity to
understand their difficulties in organizing promotional campaigns in Japan and the type
of effective promotional tools for IP.

In Japan, most effective promotional methods are the public awareness programs
conducted by JPO. In addition, the exhibitions organized by JIII and APIC for school
children and inventors have gained much attraction.

It is suggested to develop public awareness programs in Thailand with the help of
WIPO. The DIP can organize training programs and seminars for public offices. The
training of private sector is employees also important to develop a good IP system in
Thailand.




                                  …………………………..




                                                                                     53
Intellectual Property Right Chart                                       Annex 1



                                   Intellectual Property




Rights pertaining intellectual creations            Right on marks for business



Patent rights (Patent Law)*                         Trademark rights (Trademark Law)*


Utility model rights (Utility Model Law)*           Trade name rights (commerce Law)


Design rights (Design Law)*                         Rights related to the Unfair
                                                    Competition Prevention Law


Copyrights (Copyright Law)


Layout-Designs of Integrated Circuits rights


New Varieties of Plant (Seeds and Seedling Law)


Trade Secret
(Civil Code/Panel Code/ Unfair Competition Prevention Law)




*
    Industrial Property Rights




                                                                                   54
JPO Organization Chart                                                                                   Annex 2



Ministry of Economy,
Trade and Industry

General Agency of Natural
Resources and Energy


Japan Patent Office                        General Administration, Department


                                                    Trademark, Design and
Small and Medium                                    Administrative Affairs Department
Enterprise Agency


                                                      First Patent Examination Department


                                                    Second Patent Examination Department


                                                    Third Patent Examination Department


                                                    Fourth Patent Examination Department


                                                    Appeal Department


                                                    Industrial Property
                                                    Training Institute


                                                    Industrial Property Council




                               National Center for Industrial Property Information**

**
   The above-mentioned departments are responsible for smooth functioning of the JPO. In addition, there is another major
institution which hold on promotion protection and use of industrial property rights by collecting and laying
open to public inspection such media as patent gazettes. (National Center for Industrial Property
Information established under the Independent Administrative Legal Entity Law and the National Center
for Industrial Property Information Law)



                                                                                                                            55
                                                                                       Annex 3

Industrial Property Right Information Distribution Promotion Service chart

The JPO is mainly responsible for carrying out the administrative tasks to create,
ranging from receipt of applications, examination, publication, grant of Patent and IP
application, Database management and updating for the aim of Promotion the utilization
of Patent right which get in value.


        Parties wishing to                                             Parties offering
        Exploit patent rights                 Mediator                 Patent rights
                                                                       (Corporations, universities
                                                                       Research authorities)




Provision of released patent information
Patent Distribution Database
The JPO provides patented technologies intended for release via the Internet with other information such
as that concerning licensing for release.
Preparing Utilization examples of unused patent
The JPO provides utilization examples of patent that have high commercialization potential by adding
implementation ideas.
Patent map in specific technical fields
The JPO prepares Patent map analyzing past patent document by technical field and provides then to
SMEs/Venture companies via the Internet




Promotion of patent distribution
Dispatch of patent distribution advisors
Experts in IPR and technical transfer provide various consultation services free of
charge with respect to the introduction of patented technology.




        Support and Promotion of IP traders

Support and Promotion of IP traders
The JPO holds international seminars /workshops in order to Promote IP trader human resources in Japan.

Provision of information on IP traders
   The JPO collects and provides information on IP traders via the Internet.




                                                                                                      56
Digital Information Cycle chart#                                                                                 Annex 4
(Future Direction of the Paperless Project)


                                                    Digital Information Cycle

                                                             Japan Patent Office


    Applicants/Inventors     Filing applications     Progress toward realization
                             Through the Internet    of the electronic patent office                            Internet        Public
     Electronic Settlement
                                                     International standardization of the basic format
Patent Information                                                                                                              Patent
                                                                                                                                Information
in the XML format                                    Securement of flexibility and expandability                 ISDN           In the XML
                                 ISDN                                                                                           format
                                                    Complete digitization


                                                    Achievement of the best examination
                                                    Environment in the world

                                                     Effective utilization of text data

                                                      Support for international searches


                                                    Contribution to the global development of IT

                                                      Promotion of international partnership




                                                                                                            Automation of PCT
                                                                                                            Applications
                                                        Global network

                                                                                                                     WIPO




          Data Exchange


                EPO, USPTO, KIPO                                                                         Support for Automation in
                                                                                                         Developing countries
                                                                                                            -ASEAN countries etc.




#
  Based on development in the global marketplace in line with progress in the field of electronic
commerce, JPO has taken effort to aim at efficiency automation of procedure filing of application through
to registration by making effective use of experience accumulated during the 10 years of the paperless
Project.



                                                                                                                           57
                                                                          Annex 5

Background of this suggestion

Staff experts of Japan Patent Office and JICA had been in Department of Intellectual
Property Thailand for more than five years as an IP expert. As their expert offered
implementation and assistances in technical and personnel development, the
establishment of Intellectual Property Library, and Global Institute for Development
and the Electronic Administration of Intellectual Property Affairs. With theirs long
experience supported to develop an effective intellectual property promotion system in
Department of Intellectual Property. They have some suggestions for the Department of
Intellectual Property to improve intellectual property promotion system in Thailand.

The followings are suggested by the above experts,

Dissemination of Intellectual Property Promotion in Thailand

[Target]

Understanding the strategy of Intellectual Property promotion, and study the
information for technological innovation

Understanding the strategy of Intellectual Property promotion in the IP law

[1] Lesson for examiner

   1. Lesson for 1st year joining examiner: Thai IP laws (How to search prior arts,
      how to write a notification and so on), WTO, Civil law, Criminal law and so on,
   2. Lesson for 5th year joining examiner: Thai IP laws (How to search prior arts,
      how to write a notification), WTO, Civil law, Criminal law, and so on,
   3. Lesson for 10th year joining examiner: Thai IP laws (How to search prior arts,
      appeal trial, how to write a notification), WTO, Civil law, Criminal law, study to
      abroad, and so on
   4. Lesson for 15th year joining examiner: Thai IP laws (IP law, trial, and join IP&
      IT court in some case, and how to judge a notification), WTO, Civil law,
      Criminal law and meeting, training and seminar on IP field in abroad and so on
   5. Lesson for 20th year joining examiner: Thai IP laws (Policy of Thai IP, trial, and
      join the case at IP& IT Court, how to judge a notification), WTO, Civil law,
      Criminal law and so on

[2] Lesson for permanent stuff

   1.      Lesson for 1st year joining: Thai IP laws (How to proceed applications, form
           filing to expiration of duration of rights), Civil law, Criminal law,




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   2.    Lesson for 5th year joining: Thai IP laws (How to proceed applications form
         and filing to expiration of duration of rights), WTO, Civil law, Criminal law
         and so on,
   3.    Lesson for 10th year joining: Thai IP laws (How to proceed applications,
         management of expiration of duration, trial, how to write a notification and so
         on), WTO, Civil law, Criminal law, study to abroad, and so on,
   4.    Lesson for 15th year joining: Thai IP laws (Trial, IP& IT Court, how to judge a
         notification and so on), WTO, Civil law, Criminal law and so on,
   5.    Lesson for 20th year joining: Thai IP laws (Policy of DIP, trial, and IP& IT
         Court, how to judge a notification), WTO, Civil law, Criminal law and so on.

[3] Lesson or study for Patent Agents

   Seminar for Patent Agents
   Policy of Thai IP, IP law, procedures, trial, IP& IT court, how to respond to
   notification, how to search prior arts and how to write a specification,
   Understanding of IPC, WTO, civil law, criminal law and so on

[4] Lesson for students of school (IP information using textbook like a cartoon)

   1. Elementary school
   2. Junior high school
   3. High school
   4. University

[5] Lesson for users of company and so on

  Seminar for IP users
  (Policy of Thai IP, IP law, procedures, trial, IP& IT court, how to respond to
notification, how to search prior arts and how to write a specification, understanding of
IPC, so on), WTO, civil law, criminal law and so on


[6] How to communicate about Thai IP policy in the DIP

  1. Meeting with director includes director general (at least once a month)
     (policy of DIP, planning of this month, issues of each division and so on)
  2. Meeting of patent office, trademark office and so on (at least once a month more
     lowers level) (policy of DIP, planning of this month, issues of each divisions and
     so on)

[7] Meeting or study how to access to IPIC HP

    At branch of ministry of commerce (MOC) Training and Meeting with other branch
of MOC (how to access to IPIC and file a patent application, including to learning how
to search a prior art)




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[8] Immigration (pirates) (how to access to IPIC)

 IP infringement (enforcement of IP rights and investigation of piracy)
 Relating to IP infringement division of DIP and other organizations in IP enforcement

[9] IP IT court (civil or crime issue of IP) (how to access to IPIC)

  1. IP infringement (enforcement of IP rights and investigation of piracy)
  2. Relating to IP infringement and enforcement organization

[10] Police (how to access to IPIC)

  1. IP infringement (enforcement of IP rights and investigation of piracy)
  2. IP infringement (arrest or abuse of IP rights pirates and investigation of piracy)
  3. Demolition demonstration of illegal goods on open to public by police

[10] IPIC homepage

    1. Accumulate patents application date regularly and accurately on indication made
       by JPO expert and DIP officer. (Publication data, granted data, text data)
    2. Up-date of IPIC homepage regularly.
    3. Make a plan what user wants and discuss what IPIC homepage users need.

[11] Study of information use for technological innovation

    [1] For enterprisers, university,

    1. Understanding the strategy/ policy and technology of owner.
    2. Search to rival company’s technology by patent gazette and science magazines.
    3. Search Thai patent and JPO, USPTO, EPO patent and other foreign patent using
       IPIC of DIP and DIP library.
    4. Contact to JETRO for exporting patent, design, and trademark rights from Japan.

    [2] According DIP IP Promotion division

     2.1 Seminar
     1. IP seminar (for patent officers, trademark officers, copyright officers and
        general division officers),
     2. Patent seminar (trademark, copy right are same items)
        How to write, specifications, claim and drawings, how to search a prior art,
        How to respond a notification, standard of examination, and recognition of
        Patent law,
     3. IP course for student (Elementary school, junior and high school)
        By use cartoon in IP details and other amusement ways or materials.




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     2.2 Support to other organizations

     Support to IPIT Court, Immigration office, Police institute and other organizations
     that concerned on IP fields, which DIP experts should be explanted IPIC project,
     Homepage for users, including DIP should be sends special article to Newspaper
     or other media for PR.

     2.3 IP Library for Public users

    - Exhibition on pirate goods at DIP exhibition room and put some explanation,
    - DIP needs to rearrange patent gazette on numerical order and IPC order for
      users (Abstract and full application files after 18 months) at IP library.
    - Library need to open all kinds of gazette to public what DIP have on HP of
      IPIC show how to operate the IPIC system on brochure.
    - Preparing the IP Library Digital (Paperless system) in the future

    2.4    Study

    -     Study at DIP office for DIP officer, Patent Agents, MOC branch’s officers, and
          Mekong river counties for studying IP law, procedures, and how access to IPIC,
    -     Using meeting room for examiners lesson,
    -     Using meeting room for permanent stuff lesson,
    -     Using meeting room for foreign IP officers lesson,
    -     Using meeting room for patent agent lesson,

    2.5 Business visiting DIP and MOC branch

     2.6 Meeting on MOC branch and Survey in present situation that MOC branch
faced on and difficulties anointments in IP promotion.




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