Toward the Establishment and Start up of IP Office in Afghanistan

Transcription

1 Toward the Establishment and Start up of IP Office in Afghanistan Final Report In Fulfillment of the Long-term Research Fellowship Sponsored by Japan Patent Office (1 st October st March 2009) Submitted by Mohammad Saber Sakhizada Assistant to Director Legal and Regulatory Policy Affairs Department Ministry of Commerce and Industry Islamic Republic of Afghanistan Supervised by Prof. YOSHITOSHI TANAKA TOKYO INSTITUTE OF TECHNOLOGY, JAPAN

2 Table and contents Acknowledgment... 3 Abstract... 4 Chapter (1): General information: What is IP? What are IPRs? What is Patent? What is Trademark? What is Copyright? What is Design?... 9 Chapter (2): Japan IP Offices Introduction: Japan Patent Office (JPO): Japan Institute of Invention and Innovation (JIII): Asia Pacific Industrial Property Center (APIC): National Center for Industrial Property Information and Training (INPIT): Japan Patent Information Organization (JAPIO): Japan Intellectual Property Association (JIPA): Chapter (3): Companies introduction: HONDA Motor Co. Ltd: OMRON Corporation: Fujitsu Corporation: Chapter (4): evaluation and consideration: The importance of Intellectual Property: The Position of Islamic Republic of Afghanistan in Human Resource Development: Then, how Afghanistan can get back the lost things? Do the donor countries have any role in this regard? Functions of the government of Afghanistan and Intellectual Property Office (AIPO): References:

3 Acknowledgment At the outset, I would like to express my deep sense of gratitude to the Government of Islamic Republic of Afghanistan, Ministry of Commerce and Industry, especially to Mr. Said Azim Hossainy Advisor of Ministry and Head of IP Board and Mr. Mohammad Yusuf Rajabi Head of Legal and Regulatory Policy Affairs Department and Deputy of IP Board, for nominating me to attend the long term research fellowship program which organized by the Japan Patent Office. I would also like to express my sincere gratitude to Mr. Haron Amin ambassador of Afghanistan in Tokyo, who supported and encouraged me for studying during this fellowship. I would also like to express my sincere gratitude to Japan Patent Office for giving me all the opportunities for this research study. My special thanks are due to Mr. Masayoshi Omachi Director, Mr. Nemoto Masashi, Ms. Mari Mori, Mr. Yoshihiro Nakayama and other officials of International Affairs Division, for their kind cooperation. My sincere thanks are also due to Mr. Shin-Ichiro Suzuki, Director General and all the staff members of ASIA-PACIFIC Industrial Property Center (APIC) of Japan Institute of Invention and Innovation (JIII) for their cooperation and facilitating this research study. I would like to express my heartfelt thanks to Mr.Toshiyasu Matsutani, Ms. Noshiro Chie, Ms. Yukiku Koyanagi, the course coordinators for their excellent coordinating skill and support extended to me during my stay in Japan. I would like to express my heartfelt gratitude to Prof. Yoshitoshi TANAKA, the supervisor for his useful advice, support to my research work and accepting me as foreign Visiting Scholar of Tokyo Institute of Technology and all his students for extending friendship and hospitality. 3

4 Toward the Establishment and Start up of IP Office in Afghanistan Abstract Intellectual Property is important for every product in our environment. This importance has been rapidly growing especially, after 2000 as the third millennium begins. Therefore, the role of IP will increase internationally. Intellectual Property strengthens the relationship between the nations and will economically, socially and politically connect the future of developing countries with developed ones. If we ponder on economical and social growth, we will find out that societies have developed in every aspect based on research, studies and active participation in intellectual and cultural issues. Developing countries are consuming nations which use industrial, educational and technological products of other countries, they have the responsibility to endeavor for development in all aspects, and otherwise they will remain behind. One of those countries which use industrial, educational and technological products of other countries is Afghanistan. Afghanistan is a country which has lost every thing during three decades wars and struggles, and now Afghanistan government with the assistance of donor countries is trying to regain those things which it has lost. The government of Afghanistan is also trying to open the way for the researcher, writers, publishers, and thinkers and to create legal tools for protecting such rights in an economic atmosphere. Fortunately IP office has been recently established in framework of Ministry of Commerce and Industry of Islamic Republic of Afghanistan and this office has taken necessary actions to protect IP by enforcing IP law. 4

5 Chapter (1): General information: What is IP? Intellectual property (IP) refers to creations of the mind like: inventions, literary and artistic works, symbols, names, and images used in commerce. Intellectual property is divided into tow categories: 1. industrial property 2. copyright (1) Industrial property includes inventions (patent), trademarks, industrial designs and geographical indication etc. (2) Copyright includes literary works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms, and those of broadcasters in their radio and television programs What are IPRs? Intellectual property rights are a generic term for rights to protect intellectual products as a result of mental creative efforts such as invention. Intellectual property right is a kind of property right as well as real right such as landownership and obligatory right such as a right to claim repayment of depts. but is significantly different from them in that it is for intangible property, called intellectual results. Major intellectual property rights are, industrial property rights including patent, utility model, industrial design and trademark rights. Intellectual property rights are like any other property rights they allow the creator, or owner, of a patent, trademark, or copyright to benefit from his or her own work or investment. These rights are outline in article 27 of the universal declaration of human rights, which sets froth the right to benefit from the protection of moral and material interests resulting from authorship of any scientific, literary, or artistic production. 5

6 The importance of intellectual property was first recognized in the Paris Convention for the protection of industrial property in 1883 and the Berne Convention for the protection of Literary and Artistic Works in Both treaties are administered by the World Intellectual Property Organization (WIPO). 2 Various inventions such as automobiles, air conditioners and audio equipment, are making our lives more convenient and pleasant. We can also enjoy music and obtain useful information from books. The fruits of intellectually creative activities are accumulated in the form of the common property of mankind and will enrich human lives for a long time to come. If, however, new ideas and expressions made as a result of great efforts can easily be copied, the incentive to be innovative will be lost. That's why the intellectual property (IP) system was established to grant to the creators the right to receive protection for a wide range of intellectual creative activities for a prescribed period of time. The world intellectual property right is a concept of protecting the cultural creation thing, and the wide concept that even the copyright contains. Patent rights, utility model rights, design rights and trademark rights are referred to industrial property rights. The industrial property system aims to contribute to the development of industry by granting exclusive rights to prevent imitation, encouraging research and development, and securing credibility in commercial transaction What is Patent? You have probably tried to come up with ideas, or have actually worked to devise ways to solve a problem found around you or in your daily work. Ideas support our livelihood in that the various products we use in our daily lives all started out as a person s idea. As more and more ideas are thought of, our lives become that much more convenient and pleasant. It therefore follows that in order to encourage more people to develop excellent ideas there must be rules, and a patent is a rule that protects invention (ideas). 3 6

7 A patent is an exclusive right granted for an invention, which is a product or process that provides a new way of doing something, or offers a new technical solution to a problem. A patent provides protection for the invention to the owner of the patent. The protection is granted for a limited period, generally 20 years. A patent owner has the right to decide who may or may not use the patented invention for the period in which the invention is protected. The patent owner may give permission to, or license, other parties to use the invention on mutually agreed terms. The owner may also sell the right to the invention to someone else, who will then become the new owner of the patent. Once a patent expires, the protection ends, and an invention enters the public domain, that is the owner no longer holds exclusive rights to the invention, which becomes available to commercial exploitation by others What is Trademark? A trademark is a distinctive sign, which identifies certain goods or services as those produced or provided by a specific person or enterprise. Its origin dates back to ancient times, when craftsmen reproduced their signatures, or marks on their artistic or utilitarian products. Over the years these marks evolved into today s system of trademark registration and protection. The system helps consumers identify and purchase a product or service because its nature and quality, indicated by its unique trademarks, meets their needs. 4 When you are going to buy something, how do you choose? Based on price? Design? The manufacturer s name? How about when you are selecting a service? Methods of choosing also differ according to the goods or services involved. We choose goods or services according to taste, design, quality and/or name value. What do we base these decisions on? You may have a distinct impression of certain goods and services. For example, this company s products are strong and durable when looking at electrical appliances, or convenient and kind in relation to home delivery or internet providers. 7

8 Don't we derive this kind of impression from the name of the goods or services or their corporate name, rather than from the goods or services themselves? We sometimes choose items based on the names they possess, which are called trademarks. Trademarks are equivalent to marks distinguishing a shop where you can buy cheap, but good, products, goods that are strong and durable or a company that provides safe and convenient services. That is to say, trademarks are the marks shown on goods or signboards. Trademarks are also important for companies as rights to differentiate one s products from others, thereby saving reputation and allowing for competition to be maintained. Legal protection of Trademarks facilitates their function socially. Purchasing products and receiving service are a part of daily life. Such products and services all have trademarks, each of which is normally registered and protected via trademark act, and the system of trademark registration also ensures continued safe, robust transactions of products and services What is Copyright? Creative works such as music, paintings and writings, and image designs such as TV games, are protected as works by the copyright Act. Namely, original paintings and other works of pure art, as well as works not having physical form such as software, are protected by the copyright Act. The Copyright Act is a system designed to develop cultural property through the protection of works as the outcome of human creative activities (Article 1) and in that respect, it is different from the Industrial Property Rights System, the purpose of which is to develop industry, including the Patent Act. 5 Copyright is the body of laws which grants authors, artists and other creators protection for their literary and artistic creations, which are generally referred to as works. A closely associated field of rights related to copyright is related rights, which provides rights similar or identical to those of copyright, although sometimes more limited and of shorter duration. The beneficiaries of related rights are: performers (such as actors and musicians) in their performances; 8

9 producer of sound recordings (for example, cassette recordings and compact discs) in their recording; and Broadcasting organizations in their radio and television program. Works covered by copyright include, but are not limited to: novels, poems, plays, reference works, newspaper, computer programs, databases, films, musical compositions, choreography, painting, drawings, photographs, sculpture, architecture, advertisements, maps, and technical drawings What is Design? Have you recently seen in magazines or newspapers words like ground design (overall plan), eco-design (environmentally friendly design), and universal design (a design that anybody can appreciate)? The new concept and direction of these designs are discussed at various levels, including politics, economics, industry, and culture; design is attracting attention as a keyword that takes us forward into the new age. Designing is an intelligent activity indispensable in building a rich living environment, and the design which is the product of this activity provides us with excitement, joy, convenience, safety, and many other benefits, and also acts as a foundation (social property) of human societies. In particular, the field of industrial design (ID), which is related to the industrial products surrounding us, is going to play a critical role in developing an environment for individuals and corporate activities, building a social system well suited for the graying population and computerization, and providing solutions for global environmental issues. 7 An industrial design is the ornamental of aesthetic aspect of an article. The design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color. Industrial designs are applied to a wide variety of products of industry and handicraft: from technical and medical instruments to watches, jewelry, and other luxury items; from house wares and electrical appliances to vehicles and architectural structures; from textile design to leisure goods. 9

10 To be protected under most national laws, an industrial design must be new or original and nonfunctional. This means that an industrial design is primarily of an aesthetic nature and any technical features of the article to which it is applied are not protected. 8 Chapter (2): Japan IP Offices Introduction: Japan Patent Office (JPO): The Japan Patent Office (JPO) is an external agency of the Ministry of Economy Trade and Industry (METI). Beside JPO, there are two other agencies of METI that is the Agency of Natural Resource and Energy and the Small and Medium Enterprise Agency. The JPO deals with the protection of industrial property rights (IPR) including patents, utility models, designs and trademarks. The JPO also provides information related to IPR and responds to Affairs Department consists of Formality Examination Division, Application Support Division, International Application Division, Information Systems Affairs Division, Trademark Division, Design Division and a Director. These Divisions 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 transmitted between the examiner and the applicant. These divisions too receive all the documents to be handled by the JPO except for those filed through computer networks, and provide these documents for public viewing as well as certify the document. The Trademark and Design Division examines trademark and design applications and deals with relevant communications. The First Patent Examination Department is responsible in coordinates office work related to examination of invention and examines inventions in the fields of agriculture and fisheries, civil engineering, construction and physical science. 10

11 The Second Patent Examination Department is responsible in examines inventions in the fields of machinery. The Third Paten Examination Department is responsible in examines inventions in the fields of chemistry. The Fourth Patent Examination Department is responsible in examines inventions in the fields of telecommunications. The appeal department is responsible in appeals against a refusal by the examiner and examines appeals requesting invalidation or canceling of a patent, utility models, design and trademark in procedure similar to the court trial. This department too examines formality of document pertaining to appeal requests and apposition filings. 9 Role of JPO: The aim of industrial property (IP) system (general term for patent, utility model, design, and trademark systems) is to contribute to the nation's industrial development through adequate protection and effective utilization of inventions and other forms of intellectual creations. To help promote science and technology, the IP system is expected to play an increasingly important role in Japan in the 21 st century. The Japan Patent Office (JPO) consists of the General Affairs Department, the Examination Department, the Appeals Department, and other sections and departments. The main functions of these departments include; 1) granting adequate rights for patents, etc., 2) drafting plans for IP policies, 3) international exchange and cooperation, 4) review of the IP system, and 5) dissemination of information on IP. These functions provide for the positive advancement of industrial development. 1. Granting Exclusive Rights for Patents, Etc. When the JPO receives an application from anywhere in the world, its examiners from the appropriate technical department must first conduct a strict examination of the filed documents from the viewpoint of technological and legal standards in order to determine whether exclusive patent or other rights can or cannot be granted. 11

12 If there is an objection to the result of this examination, the Appeals Department is authorized to act as the court of first instance for a local court in strict accordance with the Civil Procedure Code. 2. Drafting Plans for Industrial Property Policies In order to realize a "Nation Built on Intellectual Property" for the future, IP policies must be drafted and implemented to promote; 1) prompt examination of patents, 2) support in the use of IP by regions as well as small and mid-sized enterprises, 3) establishment of a "Japan brand", 4) anti-counterfeit programs, and 5) create an environment which encourages the "Intellectual Creation Cycle" (the cycle of creation, protection, and exploitation). 3. International Exchange and Cooperation To establish an IP environment aimed at an international harmonization, the JPO has been actively working on international activities. Specifically, it has been making collaborative efforts with the USPTO and EPO, extending assistance to developing nations in such areas as office computerization, examination processes, and human resources development, and implementing tougher anti-counterfeiting measures. 4. Review of the Industrial Property System The JPO continues to review and revise related laws and examination standards based on plans drafted for IP policies, and on the results of international negotiations. 5. Dissemination of Information on Industrial Property To satisfy diversified user needs, the JPO has been expanding IP information services. For example, improvements have been added to the Industrial Property Digital Library (IPDL) services to be provided over the Internet. JPO also started publishing DVD-ROM version official gazettes. JPO Activities: The globalization of the economy has resulted in an increase in R&D and business activities, and the protection of Intellectual Property (IP) worldwide has become an extremely important issue. 12

13 Improving the trade and investment environment in developing countries by reinforcing the protection provided to intellectual property in these countries results in not only the protection of the Intellectual Property Rights (IPR) of Japanese enterprises but also in the development of the countries themselves. With the obligation for developing countries to provide the protection for intellectual property stipulated under the TRIPS Agreement*, a minimum of improvements have been made to the legal systems in the countries concerned. However, it is important to extend assistance to the developing countries intent on further improving their legal and administrative systems. Under these circumstances, the JPO has been vigorously providing support to developing countries primarily in Asia for the purpose of reinforcing intellectual property protection in these countries through various programs concerned with human resource development, computerization and information processing at IP offices, and so on, such as those programs under the Japan International Cooperation Agency (JICA) and the WIPO Funds-in-Trust/Japan. With a view of reinforcing the protection of intellectual property, the JPO has been accepting trainees from the developing countries mainly in the Asia-Pacific Region and holding training programs in Japan as a part of Industrial Property Human Resource Development Cooperation Project in order to support the developing countries and to encourage IP-related talent in those countries. The JPO has accepted a total of 2,830 government and civilian trainees from 52 countries and one economy primarily in the Asia-Pacific Region during the period from April 1996 to March Cooperation in Human Resource Development: (1) Dispatch of IP Experts The JPO dispatches its officials, etc. to developing countries as experts and seminar instructors specializing in various areas of IPRs usually for terms of about one week by utilizing WIPO Funds-in-Trust/Japan (voluntary contributions of the Government of Japan to the WIPO) and the dispatch scheme of the Japan International Cooperation Agency (JICA). The JPO also dispatches its officials as JICA long-term experts. A total of 3 officials etc. (Indonesia(1), Viet Nam(2)) have been dispatched as of May

14 as experts in order to engage in JICA project-type technical cooperation being implemented in the IP office of the country and as individual experts on industrial property right administration and so on. Between April 1996 and March 2008, the JPO dispatched 359 experts in total (including both short-term experts and seminar lecturers) to 16 countries and one economy in the Asia-Pacific region. (2) Training Programs In order to support the developing countries obligated to implement the TRIPS Agreement, the JPO has received trainees based on cooperation with World Intellectual Property Organization (WIPO), the Asia-Pacific Industrial Property Center (APIC) established within the Japan Institute of Invention and Innovation (JIII), the Japan International Cooperation Agency (JICA), and the Association for Overseas Technical Scholarship (AOTS). The adjustment of intellectual property legal systems in developing countries has been basically improved in preparation for the implementation of the WTO/TRIPS Agreement. However, to take measures against longer First Action pendency and counterfeiting of goods, JPO need to continue to push forward with human resources development programs in these countries emphasizing such areas as examination and enforcement. (3) Long-Term Trainees As part of the WIPO Funds-in-Trust/Japan Program, the JPO invites developing country personnel, holding such positions as IPR instructor in their own countries to Japan for approximately 6 months and provides them with the opportunity to conduct independent IPR research activities in the JPO and JIII/APIC. In FY2001, the JPO started to invite developing country personnel for approximately 6 months under the JPO s human resource development project. Cooperation in Examination: (1) Cooperation in design examination In support of promoting a substantive examination process for design applications in developing countries, the JPO provides examination results of Japanese design applications (only for registered applications span) for the patent office of a designated developing country with respect to the design application filed both with Japan and the designated country. 14

15 The cooperation in examination between the JPO and the Department of Intellectual Property of Thailand (DIP) started in January 2002 and between the JPO and the National Office of Intellectual Property of Vietnam (NOIP) in September (2) Structuring the Advanced Industrial Property Network The JPO constructed the Asian Industrial Property Network (AIPN) which provided information in machine-translated English about patent applications filed first with the JPO and subsequently with intellectual property offices in other countries. Such information includes the legal status, cited documents, granted claims, and the patent family of a patent application filed with the JPO. The purpose of the Advanced Industrial Property Network (AIPN) is to reduce workloads in other IP offices by utilizing effectively results of searches and examinations in the JPO and to allow Japanese applicants to more quickly obtain a patent in other countries. Through the AIPN, the JPO has offered examination information of Japanese patent applications to IP offices, mainly in Asia. In October 2004, the JPO released a new function for providing file wrapper information and changed the system s name to the Advanced Industrial Property Network (AIPN). The JPO strives to disseminate the AIPN for the patent examination cooperation in developing countries, and the AIPN is, as of April 2008, available in the following 31 countries, area, and organization: Australia, Austria, Brazil, Canada, China, Chinese-Taipei, Denmark, Finland, France, German, Greece, Hungary, India, Indonesia, Malaysia, Mexico, Netherlands, Norway, Philippines, Poland, Republic of Korea, Russia, Spain, Sweden, Switzerland, Thailand, United Kingdom, United States, Vietnam, and the European Patent Office (EPO)

16 JPO Organization Chart: Number of staff:

17 2. 2. Japan Institute of Invention and Innovation (JIII): The JIII was originally established under the name of "Association for the Protection of industrial Property" on May 5, 1904, both by Mr.Keigo Kiyoura, the then Minister of Agriculture and Commerce, and by Mr. Kinya Kume the then Director General of the Patent Office, for the purpose of developing and safeguarding industrial property. In 1906, the Association was reorganized as a Corporate Juridical Person in order to solidify its foundation and expand its activity for promoting inventiveness, and in 1910, it was renamed "Imperial Institute of Invention and Innovation." In 1936, this institute was reorganized by unifying invention-encouraging organizations which then existed throughout Japan, and named H.I.H.Prince Takamatsu the Patron. Since then, the institute has promoted encouraging activities for inventiveness by utilizing a nation-wide system as its largest organization for the encouragement of inventiveness. In 1947, the institute changed its name to the Japan Institute of Invention and Innovation (Hatsumei Kyokai)" and has since 1968 been under the Patron of H.I.H.Prince Hitachi. The objectives of the Japan Institute of Invention and Innovation is to encourage invention, enhance original ideas, promote the practical use of them, and diffuse and develop the industrial property system, thus advancing science and technology and contributing to the development of economy. The JIII has branch offices in each of 47 prefectures throughout the country and conducts diversified activities with about 11,000 members including private and legal sectors. JIII Activities and Role: (1) The encouragement of inventions and devices, the enhancement of original ideas, and the development of human resources skills. (2) The guidance and assistance for the practical application of inventions, devices and original ideas, and the promotion and support of research development. (3) The diffusion and development of the industrial property system, and the fostering of strong human resources skills. 17

18 (4) The investigation and study of the industrial property system, and reports on the dissemination of the results. (5) Guidance and services for promoting the utilization of the industrial property system. (6) The promotion of international exchange through the encouragement of invention and device, and the diffusion of the industrial property system. (7) Lectures, short courses and exhibitions for the encouragement of invention and device and the diffusion of the industrial property system, and the publishing of books, and other publications. (8) The dissemination and distribution of Official Gazettes related to industrial property and other related information. (9) The commendation, of persons who have rendered distinguished services in the encouragement of invention and device and the diffusion and development of the industrial property system

19 JIII Organization Chart: 19

20 2. 3. Asia Pacific Industrial Property Center (APIC): The Japan Institute of Invention and Innovation (JIII) was established in 1904 and has since continuously served as the center for the promotion of invention and dissemination of the industrial property system, thus leading to the encouragement of science and technology and the development of industry. In 1996, the Japan Patent Office (JPO) entrusted JIII with the matter of human resource development in the area of industrial property rights. JIII then established the Asia-Pacific Industrial Property Center (APIC), which has cooperated in developing human resources in the Asia-Pacific region. APIC also arranges IPR Seminars, which are sponsored by the JPO and organized by local governmental organs related to intellectual property, in order to provide follow up for alumni members. This is done in collaboration with alumni associations that have been organized by past program participants. The Foreign Industrial Property Counseling Office was established within APIC for consultations on Intellectual Property systems of other countries and how to make use of those systems, as well as consultations on counter-measures to infringement both inside and outside Japan. This Office also holds an annual seminar on the Intellectual Property Rights systems of other countries. APIC offers sophisticated training programs derived from experience and requests of past participants of training courses. APIC offers facilities that help training participants and long-term fellowship researchers to study and research, including ample training rooms and a library with more than 5,000 titles. This library is not only for use by trainees, but is open to the public as well. APIC activities and Role: Training activities carried out by the center consist of inviting persons in the intellectual property field, chiefly from nations receiving ODA (governmental overseas development assistance) to Japan from the Asia Pacific region. Here in Japan, the center then arranges for top professionals representing numerous fields, including Japanese academia, legal circles, and private businesses, to present training seminars and lectures to trainees. 20

21 1. Special features Training in intellectual property systems based on global perspectives Training directly linked to practical activities Training in problem-solving techniques and methods Separate training in highly detailed and specific courses Training using the most advanced equipment and facilities Top lecturers from academia, legal circles, and businesses from overseas and Japan 2. Eligible Trainees Various types of courses are provided for both managers and operational staff involved in the establishment, application, and diffusion of intellectual property systems, such as government officials, corporate and law firm employees, research institution scholars, and other professionals. Intellectual property protection systems continue to be put in place in each national and regional economy around the world, while providing speedy and accurate administrative procedures so as to effectively enforce of related laws is becoming increasingly important. 3. Curriculum (Examples) 1) Lectures (including discussion) The present situation and future direction of industrial property rights administration PCT and other treaties concerning industrial property rights WTO-TRIPS agreement and industrial property rights systems and various national systems Comparison of international industrial property rights systems and various national systems Research and development in corporations and industrial property strategies Technology transfers and licensing Industry-university cooperation and intellectual property The role of patent attorneys 21

22 Various topics (the problem of counterfeit products, protection of inventions related to computer software, business model patents, industrial design protection, protection of common or well-known trademarks, recent trends in copyrights, etc) 2) On-site Training Japan Patent Office (electronic application systems, etc) Industrial property rights information services in the National Center for Industrial Property Information and Training (NCIPI) Activities of industrial property rights-related organizations Judicial proceedings concerning intellectual property Administration of intellectual property in industry Proxy duties in patent law firms 3) Lectures and Hands-on practice Application of industrial property information (internet data searches, etc) Investigative practice (patent investigation, design investigation, trademark investigation) Practice in drafting patent specifications and claims 4) Case Studies Lawsuit on infringement of patent, etc 4. Long Term Fellowship Program The center is accepting individuals involved in research, teaching, or policy drafting within the field of intellectual property, and assisting with their research. 5. Seminars for Lecturers The center offers training programs and seminars, employing expert lecturers on international intellectual property systems to help lecturers involved in the training course to foster superior guidance skills

23 2. 4. National Center for Industrial Property Information and Training (INPIT): The INPIT, an Independent Administrative Institution, was established on April 1, The center provides comprehensive information on industrial property. These include gathering and reading official gazettes on industrial property; providing consultations on industrial property; gathering and reading the Japan Patent Office s industrial property reference materials; and utilizing licensable patents. In October 2004, the National Center for Industrial Property Information changed its name to the National Center for Industrial Property Information and Training and started providing information dissemination services and human resource development services. INPIT activities and Role: 1. Provision of patent gazettes and other industrial property information The Department gathers patent gazettes released in Japan as well as overseas gazettes, and makes them available to the general public. In the First Public Gazettes Reading Room (second floor, Japan Patent Office building), readers have access to public gazettes in the form of CD-ROM or electronic media via the Industrial Property Digital Library (IPDL). The Second Public Gazettes Reading Room (first floor, Ministry of Economy, Trade and Industry Annex), meanwhile, offers public gazettes in the form of printed media (primarily Patent Specifications of other countries) for public reading. 2. Consultations on industrial property (Industrial Property Consultation Department) A permanent consultation counter has been set up for providing general guidance/instructions and consultations on industrial property. Topics may include procedures on filing applications for patents, new utility models, designs, and trademarks. The Department also responds to inquiries sent in by post, telephone, , and other means. 23

24 3. Encouraging of patent licensing through use of licensable patents (Licensing Promotion Department) The Department encourages small and venture businesses to actively create new businesses and develop new products by facilitating the smooth transfer of licensable patents (patents whose owners have the intention of making them licensable) between corporations as well as between corporations and universities/public testing and research institutions. 4. Dissemination on Industrial property Information (Information Dissemination Department) Industrial property information provides not only modern technical information but also right information defining certain scope of patent rights. It is very important to promote its utilization for the purpose of prevention of overlapping among researches and developments (R&D), promotion of R&D with the state of the art, or blocking of patent infringement. National Center for Industrial Property Information and Training (INPIT) provides various types of industrial property information and serves to promote their utilization. 5. Training Department & Human Resources Development Department With the aim of developing human resources that will support intellectual property services so as to promote expeditious examination/trial examination at the JPO, formulation of intellectual property strategies at companies, and proper protection and utilization of intellectual property rights, the department implements the following training. 1) Training for JPO staff The department constantly implements necessary training for smooth performance of services at the JPO, and in particular, provides proper training on a timely basis in response to the changes in the environment affecting the industrial property administration, including the mass recruitment of fixed-term JPO examiners and the need for highly specialized knowledge on laws and international relations, as well as rapid progress in advanced technology. The department also makes efforts to effectively implement necessary training for the development of human resources that will support SMEs and venture companies in formulating intellectual property strategies. 24

25 2) Training for people other than JPO staff The department provides people other than JPO staff who engage in industrial property services at registration search agencies with training based on know-how accumulated through the enforcement of examination/trial examination. 3) Training with the use of information communication technology The department provides people engaging in intellectual property services in general, including JPO staff, with opportunities to mutually improve their skills and knowledge with the use of information communication technology, and enhance such training opportunities in terms of quantity and quality, thereby promoting the development of human resources that are well versed in intellectual property services. 13 INPIT Organization Chart: 25

26 2. 5. Japan Patent Information Organization (JAPIO): Japan Patent Information Organization (JAPIO) was established as a comprehensive patent information service institution in Since then, JAPIO has been contributing to the economy and to society by providing high-quality intellectual property information. JAPIO activities and Role: JAPIO has been providing high-quality products and services by integrating and interlinking its three core competences: system integration (SI), translation capability, and retrieval technology, each of which has been fostered during its more than 20 years of business activities, for greater effectiveness. Entrusted business operations: 1. Support for efficiency of trademark examination in JPO, including preparing documents To raise the efficiency of trademark examination in JPO, Japio has been performing various activities including nominal analysis, classification and assignment of diagrams, and addition of information for efficient trademark searches. 2. Preparation of materials etc. to raise efficiency of domestic and foreign industrial property information retrieval Japio has been performing various activities for the World Intellectual Property Organization (WIPO) such as evaluations of levels of technology. 3. Prior art patent search for domestic small and medium enterprises As an agency for prior art patent search by JPO especially for small and medium enterprises, Japio has been providing accurate prior art patent searches upon requests from domestic small and medium enterprises and individual applicants. 4. Organization and provision of information on licensable patents Japio has been undertaking the operation and maintenance of the database that provides information on licensable patents owned by enterprises, research institution, universities and so forth to the public through the Internet. In addition, Japio has been selecting patents from the database which seem particularly suitable for business use, and publishing them with examples of actual uses put to licensed patents and with additional information on commercialization and so on. 26

27 5. Patent Information Advisor Dispatch service Japio has been operating the Patent Information Advisor Dispatch service, for comprehensive aid in methods for effective utilization of patent information to support the local governments efforts to invigorate regional industries by utilizing patent information. 6. Activities for the Industrial Property Digital Library (IPDL) Japio has been undertaking system development and overall operation of the Industrial Property Digital Library (IPDL), owned by the National Center for Industrial Property Information and Training (NCIPI), and which provides free access to industrial property information via the Internet. 7. Preparation of organized, standardized data Japio has undertaken the standardization and organization of various types of information at JPO e.g. status of investigations, provided in XML or SGML format for a marginal cost. 8. Translation of various gazettes, preparation of abstracts, and data manufacturing Japio has been performing English translations of abstracts for Japanese published applications and Japanese translations of abstracts for US patents and published patent applications and for European published applications. 9. International activities Japio has dispatched many staff members to developing countries as technical experts for guidance and education regarding management and dissemination of industrial property information. Industrial Property Information Services: 1. File wrapper copy service Japio has provided an agency services for inspection and duplication of official patent dossier (file wrapper) documents including filing application and trial/appeal documents, registers, cited documents, and priority certificates. Delivery in electric format via or a electric medium (CD-R etc) is also available for filing documents, trial/appeal documents, and uncertified registers. Documents existing only in paper form can also be an electric form delivery. The electric form delivery is applicable not only to electrically-filed documents but also to documents existing only in paper form. 27

28 2. Sales agency for JPO standardized data Japio has acted as a sales agency for National Center for Industrial Property Information and Training (INPIT) to provide various JPO standardized data and several JPO original format data for marginal cost. 3. Publication Japio has published the following titles (reference books) to promote utilization of industrial property information: - Patent Classification Index by Technical Terms - FI Index - F-term Descriptions All publications are written in Japanese language. Research and Development: 1. Researches on patent information retrieval Japio has been making various researches in the latest patent information retrieval technology and techniques including participation in the Patent Retrieval Task at NTCIR (NACSIS Test Collection for Information Retrieval) hosted by the National Institute of Informatics. 2. Researches for application of machine translation to patent information Taking full advantage of experience and knowledge in patent document translation fostered through the production of PAJ (Patent Abstracts of Japan), Japio has compiled the original dictionary for machine translation and been enriching its vocabulary. On the other hand, Japio has launched its own workshop in Asia-Pacific Association for Machine Translation (AAMT) to collaborate with authorities in the field in the study of application of machine translation to patent information

29 JAPIO Organization Chart: Japan Intellectual Property Association (JIPA): JIPA is a non-profit, non-governmental organization, which has approximately 1173 members. It represents industries and users of the intellectual property (IP) system, and provides related institutions all around the world with well-timed, suitable opinions on improvement of their IP systems and their utilization. JIPA's stance with regard to the major IP issues at the present time is as follows: Employees' Invention System under Patent Law Revised Japanese Patent Law, which includes Article 35 on Employees' Inventions, came into force as of April 1, JIPA has published "JIPA Guideline under the new employees' invention system" to members in order for them to make the proper procedures in accordance with the revised law. 29

30 Now, JIPA is watching the development of this issue. Cooperation between industry and academic world JIPA has established a link regarding this matter on its Web site. JIPA has also suggested some new ideas, such as the industry's payment concerning their exclusive exploitation of the academic world's invention, created jointly with industry, in order to improve the current situation. Anti-Counterfeiting Measures JIPA is actively conducting the following activities: 1. Strengthening ties around the world between organizations/ institutions that deal with counterfeits; in particular, creating an alliance between non-governmental organizations in Japan, Europe and the U.S. 2. Encouraging an active participation in activities conducted by the International Intellectual Property Protection Forum in Japan. Substantial Harmonization in the IP Rights System The standardization of application forms, usage of the same prior arts, and standardization of the examination criteria and the under-taking of simultaneous examinations achieve substantial harmonization. As a first step, it seems important to use and approve the results of examinations carried out by patent offices in Japan, Europe and the U.S. JIPA is aiming to form a world IP user federation in order to encourage cost reductions for patent applications and create substantial harmonization. In this regard, JIPA held the meetings in February 2004 at JIPA Tokyo Office, in September 2004 in Boston, the U.S., in April 2005 in Brussels, Belgium, in November 2005 in Munich, in February 2006 at JIPA Tokyo Office, and will hold the next meeting on November 14, 2006 at JIPA Tokyo Office with the non-governmental organizations in Europe and the U.S. Assist to Develop Member's Human Resources concerned in IP JIPA members training to about member employees, including engineers and researchers, every year. The aim of JIPA training is that the trainees master the knowledge, information and business practice required for performing his/her tasks to improve his/her legal knowledge on IP and business practice capability. Further, recently, JIPA prepared "Course for developing New-IP-Leaders" 30

31 which creates the human resources who may lead IP management to a success, and "Course for developing IP-Strategic-Staffs" which creates the human resources who can find out the concrete subject on the vision of IP section and propose the creative policy for achieving such subject. 15 JIPA Organization Chart: 31

32 Chapter (3): Companies introduction: HONDA Motor Co. Ltd: Honda Motor Co., Ltd operates under the basic principles of "Respect for the Individual" and "The Three Joys" commonly expressed as The Joy of Buying, The Joy of Selling and The Joy of Creating. "Respect for the Individual" reflects desire to respect the unique character and ability of each individual person, trusting each other as equal partners in order to do the best in every situation. Based on this, "The Three Joys" expresses company belief and desire that each person working in, or coming into contact with Honda company, directly or through or products, should share a sense of joy through that experience. In line with these basic principles, since its establishment in 1948, Honda has remained on the leading edge by creating new value and providing products of the highest quality at a reasonable price, for worldwide customer satisfaction. In addition, the Company has conducted its activities with a commitment to protecting the environment and enhancing safety in a mobile society. The Company has grown to become the world's largest motorcycle manufacturer and one of the leading automakers. With a global network of 501 subsidiaries and affiliates accounted for under the equity method, Honda develops, manufactures and markets a wide variety of products, ranging from small general-purpose engines and scooters to specialty sports cars, to earn the Company an outstanding reputation from customers worldwide. The company manufactures automobiles, motorcycles, trucks, scooters, robots, jets and jet engines, ATV, water craft, electrical generators, marine engines, lawn and garden equipment, and aeronautical and other mobile technologies. Honda s line of luxury cars is branded Acura in North America and china. More recently they have ventured into mountain bikes. Honda is 5 th largest automobile manufacture in the world as well as the largest engine-maker in the world, producing more than 14 million internal combustion engines each year. As of August 2008, Honda surpassed Chrysler as the 4 th largest automobile manufacturer in the United States. Currently, Honda is the second largest manufacture in Japan behind TOYOTA and ahead of NISSAN. 32

33 Research and Development: Honda is constantly involved in technological research and development to help people now and in the future. These technologies range from new materials and new sources of energy, to new power trains for maximum performance and minimum eco-impact, to new work in decoding the rice genome for various applications. Currently, Honda is engaged in a project to develop a next-generation clean diesel engine. Another project, in cooperation with the Research Institute for Innovative Technology for the Earth (RITE), aims to produce ethanol from cellulosic biomass, a promising, secure supply of environmentally responsible alternative fuel. Honda also studies human anatomy and physiology so can make innovative products that enhance safety. The company conducts original research into new forms of mobility that coexist in harmony with people and serve society. The latest, most advanced version of ASIMO, Honda s bipedal humanoid robot, now moves freely, shares tasks with humans, and even recharges itself -- a significant achievement in independent action. Since its establishment, Honda has always dreamed skyward. This perspective recently led to development of the advanced light jet HondaJet. With delivery scheduled to start in 2010, Honda has begun construction of its production facility in the U.S. Thus, Honda always aims higher - creating value that meets each country s needs, bringing products speedily to market, and constantly enhancing our safety and environmental performance. Manufacturing and Distribution: Honda began manufacturing motorcycles in Belgium in In 1982, Honda became the first Japanese automaker to produce passenger cars (the Accord) in the U.S. Since then, Honda has established independent local operations around the world for research, development, marketing, and production. Through the introduction of Honda s flexible manufacturing system, Honda continues reducing the time and resources necessary to launch new models into production and improving the efficiency of manufacturing operations that meet regional needs. Moreover, the grouping of production processes into cohesive 33

34 units has improved the working environment, raised product quality, and further accelerated production. By 2010, new Japanese and international auto production facilities will begin operation, and Honda will concentrate motorcycle production in Japan as a worldwide source of innovation. Construction of a new engine factory and automobile plant in Japan is progressing steadily, together with improved production capability for building automatic trans-missions (AT). These developments reflect the strength of far-reaching production advancements. Going forward, Honda will share these advancements with Honda operations around the world, greatly strengthening the global production network and expanding capacity. Sales and service: The ultimate goal of Honda sales activities worldwide is to satisfy for customers so that they will continue to come back for more Honda quality products. To ensure this, Honda has implemented a vigorous Customer Satisfaction (CS) program covering all of sales companies. This program aims to enhance customer satisfaction by strengthening attention to detail in product and service activities through all stages of sales, delivery, and after-sales service. In March 2006, all sales channels in Japan were merged under the name of Honda Cars, providing all Honda automotive brands through a single sales network that is easier for customers to understand. Honda will continue to strengthen sales and services targeted to regional needs and tailored to customers in each region, with an extensive product lineup backed by IT support. Thus, Honda can continue to enrich customers lifestyles as only Honda can. Global expansion: 1 - North America When American Honda Motor Co. started motorcycle sales in 1959, this was the first local enterprise outside of Japan. In 1978, Honda of America Mfg. (HAM) was established to produce motorcycles in the U.S., reflecting basic concept of building products close to the customer. In 1982, Honda began manufacturing passenger cars in North America, becoming the first Japanese car maker to take 34

35 this bold step. The year 2007 marked a quarter century of Honda s commitment to automobile manufacturing in the U.S., and now approximately 80% of Honda s cars sold in North America are manufactured there. Also in 2007, cumulative automobile production at Honda s Mexico plant reached 200,000 units. In fall 2008, the company s seventh automobile plant in North America will open in Indiana, and an automobile engine factory will open in Canada. These developments will strengthen Honda s production framework, allowing the company to respond flexibly to changes and growth in market demand. 2 - South America South America started importing Honda motorcycles in Local motorcycle manufacturing began in 1976 at Moto Honda Amazonia, located in Manaus, in the Amazon region of Brazil. Today, Honda s share of the Brazilian motorcycle market stands at more than 70%, and the cumulative number of motorcycles manufactured exceeded 10 million in August Seventeen models are now produced locally, and the ratio of parts procured domes-tically comes to more than 90%. Production of the NF100 Wave, the second locally manufactured motorcycle, started in Argentina in The opening of a new motorcycle factory in Peru in 2007 also expanded output capacity in South America. Additionally, a wide range of power products is manufactured and sold in response to regional needs. 3 - Europe, Middle East, Africa In the 1950s, Honda first exported motorcycles to Europe. In 1961, Honda became the first Japanese motorcycle manufacturer in Europe to establish a local motor company, and in the same year, Honda won victories in the Isle of Man Tourist Trophy races, sweeping 1 st through 5 th places in the 125cc and 250cc classes. In 1963, Honda opened a motorcycle manufacturing plant in Belgium, the first such foreign-based facility for the company, followed in 1976 by a motorcycle plant in Italy. Now, Honda motorcycles are popular for their dynamic performance, drivability, and environmental performance, earning the top market share in many European countries. Honda s strength in motorcycle sales was followed by establishment of a power products factory in France in 1986, and the 35

36 start of automotive manufacturing in the U.K. in Honda continues to expand product lineup in determination to increase customer satisfaction in Europe. 4 - Asia, Oceania The primary vehicle of everyday transportation in Asia, the motorcycle is propelling sales growth in the region. Honda began motorcycle production in Asia in Taiwan in 1962, and expanded motorcycle production capacity by establishing one plant after another in Asian nations, including Pakistan, Thailand, Indonesia, The Philippines, India, and Vietnam. By 2007, cumulative output of motorcycles reached 20 million units in India, 15 million in Thailand, and 20 million in Indonesia. As markets in India, Vietnam, and other areas continue to grow, the next step is to expand Honda production capacity to address diversifying customer needs and meet this growing demand. Honda is also progressing steadily with plans to increase the range of motorcycles equipped with programmed fuel injection system (PGM-FI), starting in Thailand and extending the program to all countries in Asia - helping to lessen environmental impact throughout the region. 16 Organization Structure Total number of employees Consolidated: 178,960 Unconsolidated: 26,583 Capital: 86 billion 36

37 3. 2. OMRON Corporation: Omron Corporation was established by Kazuma Tateishi in 1933 and incorporated in 1948 Omron s primary business is the manufacture and sale of automation components, equipment and systems, but it is generally known for medical equipment such as digital thermometers, blood pressure monitors and nebulizers. Omron developed the world s first electronic ticket gate, which was named an IEEE Milestone in 2007, and was one of the first manufacturers of cash-dispensing ATM with magnetic stripe card readers. Omron s product and service offerings in five areas: industrial (factory) automation, electronic components, automotive electronics, social systems and healthcare. Research and development: Omron s proprietary technology enables machines that adapt to the needs of the individual. In today s mechanized, technological society, the demand for a more natural interaction between people and machinery is stronger than ever. Omron is responding to this demand with its core sensing and control technology, which enables the creation of intelligent machines that can assess and adapt to the requirements of individual users. Sensing technology can detect the skills, attributes and personal preferences of people and extract high-value information from that data. Control technology makes it possible to incorporate that information into machines, so that they can operate at a level that approaches that of human knowledge and judgment. By incorporating higher-precision nanometer-level sensing and control technology, it will become possible for machines to deliver information and services customized for each individual. The Keihanna Technology Innovation Center is at the heart of Omron s global R&D activities, yet its task goes beyond the normal research and development required for business. Rather, it is intended to reinforce Omron s core competencies of sensing and control by inspiring business and markets with technological seeds. The center s key objective is to promote collaborative innovation which allows Omron researchers to actively exchange research finding with external sources and bring advanced R&D achievements together. 37

38 Synergetic integration of Omron s advanced technologies with those of other helps Omron create greater value. Partnerships with advanced research companies and leading research institutions have led to many breakthroughs. The center is also equipped with a 2,400m 2 clean room to promote nanometer-level device research and development. Much importance is placed on responding flexibly to changes in the business environment. An open work environment facilitates communication among researchers, stimulating the creation of new values that inspire a sense of wonder. Global business: As Omron s business expands globally, Omron continue to rely on its sensing and control technology to produce innovative products and systems in the fields of industry, device and social and personal life. By so doing Omron contribute to the growth and development of each country and region. To provide customers with the products they need at the moment they need them, Omron has also established a global network that encompasses North America, Europe, Asia-pacific, china and Japan along with fully localized service systems. These complete systems allow Omron to provide full customer support covering every step of the product lifecycle, including development, production, distribution, sales and maintenance. This is why Omron can provide the most dependable support wherever Omron s customers and associates are located. 17 Organization Structure Employees Omron group: 35,426 Omron Corporation: 4,953 Affiliated companies in Japan: 6,736 Affiliated companies overseas: 23,737 Capital: 64.1 billion 38

39 3. 3. Fujitsu Corporation: Fujitsu is a leading provider of IT-based business solutions for the global marketplace. With approximately 167,000 employees supporting customers in 70 countries, Fujitsu was established in June 1935 and combines a worldwide corps of systems and services experts with highly reliable computing and communications products and advanced microelectronics to deliver added value to customers. Fujitsu is the world's fourth-largest IT services provider and No.1 in Japan. Fujitsu and Fujitsu Siemens Computers together are among the world's top five providers of servers. Fujitsu customers include nearly half the Fortune Global 500. Fujitsu innovations have garnered over 34,000 patents. Headquartered in Tokyo, Fujitsu Limited (TSE:6702) reported consolidated revenues of 5.3 trillion yen (US$53 billion) for the fiscal year ended March 31, On April 1, 2008, Fujitsu published a fully revised Fujitsu Way. The Fujitsu Way embodies the philosophy of the Fujitsu Group, articulates the Group's overarching values, and defines concrete principles and a code of conduct that Group employees follow in their daily business activities. The new Fujitsu Way will facilitate management innovation and promote a unified direction for the Group as we expand our global business activities, bringing innovative technology and solutions to every corner of the globe. Research and development: Fujitsu global R&D activity integrates Fujitsu Laboratories cutting-edge research with applied technology and product development across the Fujitsu Group. Close collaboration between Fujitsu labs and business units and constant flow of information and innovation among the Fujitsu worldwide operations enables to quickly bring to market innovative and highly reliable products and services incorporating the most advanced technologies. Fujitsu R&D capability includes: 1,500 research scientists at Fujitsu Labs in Japan, the U.S., China and the U.K. 14,000 development engineers at operating locations around the globe Collaboration with leading academic and independent research institutes Innovations that have garnered nearly 32,000 patents Strong underlying emphasis on environmental considerations 39

40 Global business: Fujitsu is a leading provider of customer-focused information technology and communications solutions for the global marketplace. Fujitsu is the world's fourth-largest provider of IT services and together with European affiliate, Fujitsu Siemens Computers, among the top five computer makers. Fujitsu highly integrated business model both within and across the three main business segments enables to create value for customers through comprehensive solutions comprising high-quality products and services based on the most powerful technologies. In all Fujitsu s business activities, Fujitsu place paramount importance on "customer focus," seeking to maximize customer satisfaction by approaching things from Fujitsu s customers' perspectives and anticipating their needs. Collaboration is also a hallmark of Fujitsu s approach, and Fujitsu strive to serve as a trusted business partner rather than simply a supplier of products and services. Through close collaboration among Fujitsu s worldwide subsidiaries and affiliates, Fujitsu combine the knowledge and expertise of the Fujitsu Group to offer world-class products, services and solutions locally attuned to meet the needs of customers throughout the world. Fujitsu has a proud history of technological innovation reflected in the more than 34,000 patents Fujitsu has accumulated to date and Fujitsu committed to advancing the frontiers of information, communications and microelectronics technologies. Fujitsu s global R&D organization integrates the cutting-edge research of 1,500 research scientists at Fujitsu Laboratories' facilities in Japan, China, UK and the US with applied technology and product development undertaken by more than 11,000 research engineers at Fujitsu operating locations around the world. Fujitsu s Corporate Philosophy is the keystone of Fujitsu s approach to corporate responsibility and sustainable business practices. Fujitsu place particular emphasis on environmental protection, a fact reflected in Fujitsu s recognition as a leading sustainability company in the Dow Jones Sustainability Indexes six years in a row

41 Chapter (4): evaluation and consideration: The importance of Intellectual Property: Almost everyone in society is a user and potential creator of intellectual property. Its protection, through a system of national and international rules called intellectual property rights, is necessary to provide incentives and financing for innovation and creation, which in turn lead to economic, cultural and social progress. Protection for intellectual property also encourages the production and dissemination of knowledge and a wide range of quality goods and services. Intellectual property rights add value for consumers and can provide a guarantee of source and quality. Intellectual property protection contributes to economic growth in both developed and developing countries by stimulating innovation, cultural diversity and technical development as part of a larger policy framework. Properly used, intellectual property rights can also be key tools for the alleviation of poverty through trade. Intellectual Property is important for every product in our environment. This importance has been rapidly growing especially, after 2000 as the third millennium begins. Therefore, the role of IP will increase internationally. IP strengthens the relationship between the nations and will economically, socially and politically connect the future of developing countries with developed ones. If we ponder current innovations and creations today, we see that we are living in a technological period. These creations are mostly created by develop nations. However, they have provided benefits for all global citizens. These developments have been achieved as a result of cooperation between nations. There has been coordination, contribution and cooperation between countries which are economically and socially developed today. The world has been separated into two parts today: the world which produces knowledge and technology and the world which consumes them. The consumer nations are waiting to get products from producer nations. They look for others to offer them knowledge and products. 41

42 Also, if we ponder on economical and social growth, we will find out that societies have developed in every aspect based on research, studies and active participation of their children in intellectual and cultural issues. Cooperation between societies has always played a key role in generating these creations and thoughts. Many nations have existed, but have left little history behind. There is no evidence today of their religion, language and culture. There were other nations that contributed to world developments through their knowledge and technology. That is why people remember and are thankful to them. The world economy will grow only if industrialized countries open their knowledge and technology door to developing countries. Social and technological growth has been the outcome of individual thoughts, culture and knowledge and their participation with their respective governments. On the other hand, the governments have the obligation to provide necessary facilitation for intellectual products. A country can enforce laws and regulations in its territory to support IP rights. But how do we support intellectual property rights outside the country? Thus, the need for worldly cooperation is felt. Developing countries are consuming nations which use industrial, educational and technological products of other countries. They contribute little to current world development. However these countries have the responsibility to endeavour for development in all aspects, otherwise they will remain behind. One of the main factors which developing countries must take into account is the issue of human resource development The Position of Islamic Republic of Afghanistan in Human Resource Development: The developing countries are faced with the shortage of human resources, and this issue is also a focus of the international community's work in Afghanistan, the government of Afghanistan is trying to regain those things which it has lost during the wars and struggles. Therefore the government of Afghanistan is trying 42

43 to embrace human resources, as well as create more of this valuable resource, because the human resources of Afghanistan can cooperate with the government and develop society, as well and apply exact development to benefit the people of Afghanistan. The World Intellectual Property Organization (WIPO) which is an agency of the United Nations, believes that cultural production plays important part in human communities, so this organization has taken necessary steps for supporting the intellectual property since its establishment, so we can say that Providing professional and technical consultations, establishing international law for protecting and supporting Intellectual Property of the main jobs of this organization. The current situation provides that the intellectual property must move the new global economy from computer and electronic touches, intellectual property in international industry is improving nowadays and it's possible for the international organization of intellectual property to play the biggest roll in global economy during the history, and to take active part in improving the economy of Asia, Europe, and America in the next century. Scientific and cultural research play active part in developing country's economy, Can national folklore play any role in expanding the economy? There is no doubt that national folklore have strong relation with different aspects of our life, and is the base of economic, social, cultural and political activities, national folklore expresses the past truths and its outcome and allows the decision taking in that regard. Folklore Monuments of Afghanistan: Afghanistan must recognize the importance of cultural, original, and national folklore like other countries in each aspects of individual and governments life, also to support human's right, also to work regarding the right of the person to whom the monuments concern, open the way for the researcher, writers, publishers, and thinkers and to create legal tools for protecting such rights in an economic atmosphere. 43

44 4. 3. Then, how Afghanistan can get back the lost things? The Afghanistan government must; pay more attention regarding economic aspects of intellectual property. Provide legal and professional consolation in all regards, provide necessary facilitation for private sectors such as small and medium enterprises, and do much work in academic investigation, education, industry and culture areas, this is possible with the cooperation of donor countries: 1. Use from the experience of national and foreign professionals. A national strategy for Intellectual Property should be enforced. The weak and strong points of the strategy should be identified. Weak points should be improved and the strong points should be concentrated on for further development; 2. Special organization should be established for research regarding intellectual property with the help of donor countries, so that the economic, social and cultural results of accommodation of the intellectual property system can occur in internally. 3. Afghanistan must import and focus on the successful results of those countries that had used the intellectual property as a tool for development and improvement. 4. Public awareness for assuring the right of intellectual property and increasing the budget for accommodation of this objective as well as teaching the relevant issues of intellectual property at all education levels so that the new generation can use intellectual property for the development of society. Fortunately, IP office has been recently established in framework of Ministry of Commerce and Industry of Islamic Republic of Afghanistan. This office has taken necessary actions to protect IP by enforcing IP law Do the donor countries have any role in this regard? The countries that are playing a basic roll in Afghanistan are those countries which are trailblazers in intellectual property and have much experience. 44

45 Therefore these countries can play an important roll in enforcing the right of intellectual property in Afghanistan, and they can allocate their assistance in different fields and focus on development aspects. 1. The most important need for Afghanistan is to help the inventors and innovators find a market for their creations. Coordination with these experienced countries can solve this problem. One of the best recommendations which can be provided in this regards is a "Cooperation Program". 2. These countries can present educational programs regarding intellectual property in Kabul and implement them in all provinces. 3. With the aid of these countries, Afghanistan can establish a sponsorship fund to which each country can contribute. This fund must be allocated to help private companies and a special program should be provide for them, until the intellectual property system can be used fairly in business and economic fields, these programs must be provide in a style that can improve the level of qualifications and awareness, and for using and protecting the intellectual property. 4. Donor countries must cooperate, advise and change ideas through educational and research organizations in Afghanistan, and these research organizations must have the opportunity to exploit the results of their research. 45

46 4. 5. Functions of the government of Afghanistan and Intellectual Property Office (AIPO): The Intellectual Property Policy exists to encourage research and innovation, clarify ownership of intellectual property rights, create opportunities for public use, and provide for the equitable distribution of monetary and other benefits derived from intellectual property. To derive the full potential of the intellectual property system as a tool for growth and progress, governments must take positive action. Suggested measures include: l providing for clear and enforceable intellectual property rights ownership, without discrimination as to nationality; l improving the accessibility of national and international intellectual property protection systems in terms of costs and ease of use; l ensuring that intellectual property institutions are efficient and sufficiently funded; l supporting intellectual property policies with sound economic management, good infrastructure and other appropriate policies in areas such as education, science and technology, culture, taxes, investment regulations, production and technical incentives, trade, and competition; l establishing an active and coherent intellectual property policy coordinated throughout government bodies; l educating local communities, businesses and the public on the potential benefits of the intellectual property system; providing assistance to innovators/producers/creators on how to use intellectual property protection to their commercial advantage; and supporting efforts of stakeholder organizations in this area; l bridging the gap between academic and research institutions, and businesses and financing sources; l Making it a priority to strengthen and/or create a legal framework to ensure implementation and effective enforcement measures against intellectual property theft. There is also a need for clearly designated and sufficiently 46

47 resourced enforcement institutions, supported by training, international cooperation and public education. l Recognize that an effective intellectual and industrial property system is vital to the development of domestic and creative activity, facilitates transfer of technology, attracts foreign investments, and ensures market access for our products. It shall protect and secure the exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people. l Promote the diffusion of knowledge and information for the promotion of national development and progress and the common good. l Streamline administrative procedures of registering patents, trademarks and copyright, to liberalize the registration on the transfer of technology, and to enhance the enforcement of intellectual property rights in the Afghanistan. l To administer and implement of the Intellectual Property Office which shall have the following functions: a) Examine applications for grant of patent for inventions and register utility models and industrial designs. b) Examine applications for the registration of trademarks, geographic indication, integrated circuits. d) Promote the use of patent information as a tool for technology development. e) Publish regularly in its own publication the patents, trademarks, utility models and industrial designs, issued and approved, and the technology transfer arrangements registered. f) Administratively adjudicate contested proceedings affecting intellectual property rights. g) Coordinate with other government agencies and the private sector efforts to formulate and implement plans and policies to strengthen the protection of intellectual property rights in the country. l Intellectual property office shall have custody of all records, books, drawings, specifications, documents, and other papers and things relating to intellectual property rights applications filed with the Office. 47

48 Ministry of Commerce and Industry Legal & Regulatory Policy Affairs Department Afghanistan Intellectual Property Office (AIPO) 48