Japan by the Japanese/Appendix G

The present system of the protection of industrial property is entirely founded on the Patent Law (Law No. 36), Design Law (Law No. 37), and Trade-Mark Law (Law No. 38), promulgated on the 2nd of March, 1890. Three Acts promulgated in December, 1888, were substituted by these laws. These contained much improvement from experience, and in conformity with the rapid progress of commerce and industry made since the introduction of the system of protection of industrial property into our country, and also on account of our joining the international convention for the protection of industrial property.

The present laws being based upon the principles adopted by the international convention above referred to, they guarantee the right of owners of industrial property perfectly and effectively, making no distinction between native subjects and foreigners, and giving the preferential right to those persons with regard to the same application in the dominion of the empire who have already made the application in any contracting State for the patent of inventions or registration of new designs or trade-marks. This preferential right is, however, valid for only seven months in the case of inventions, and four months in the case of designs and trade-marks.

Our country originally adopted the examination system for the protection of industrial property, so that under the laws in force the applications for patents or registrations are to be examined strictly and accurately by the experts of the Patent Bureau in the Department of Agriculture and Commerce. In case these examiners refuse to grant the letters patent or to give approval for registration on the first examination, the applicant may demand the re-examination thereof; and should their applications be rejected again, they can appeal for the judgment of the chief examiners.

Any person having an interest in the patents obtained by other persons may appeal for the judgment of the Patent Bureau, to declare the invalidity of the said patents or to confirm his own right.

A person who is dissatisfied with the decision of the Patent Bureau may appeal to the Court of Cassation, as far as the appeal is made on the ground that the decision of the Bureau has been given without applying the provisions of the law, or by applying them unjustly to the case. The Patent Bureau is bound to obey the opinion expressed by the court on the trial of the said case.

If a person making an application for the patent of ​inventions, or the registrations of designs or trade-marks, or the owner of letters patent, registered design, or trade-mark, does not reside in the empire, he is required to appoint an agent domiciled in the empire. The said agent may be either a native subject or a foreigner.

The terms of patents and the exclusive use of designs and trade-marks are fifteen, ten, and twenty years respectively, counting from the dates on which they are registered in the official records. The owners of letters patent or registered designs are to pay progressive fees annually, and the owners of trade-marks to pay the fixed fees when making application for the registration. In the following cases the Director of the Patent Bureau is entitled to revoke the patent: (1) When a patentee fails to pay the fee above referred to; (2) when a patentee rejects a reasonable offer of a third person to purchase or to use his right in case of not exploiting his invention in the empire within three years from the date of issue of the license, or in case of suspension of such exploitation for three years; (3) when a patentee not residing in the empire fails to appoint a proper agent. Similar regulations are provided for with respect to designs and trade-marks.

The system of the protection of industrial property was first introduced in April, 1871, by the Regulations for Monopoly of the Newly Invented Articles, which enabled inventors for the first time to enjoy their own intellectual rights. In 1885 the Act for the Patent of Monopolies was promulgated by Notification No. 7, which was replaced by the Patent Act promulgated by the Imperial Ordinance No. 84 in December, 1888, when the Design Act and Trade-Mark Act were also enacted by the Imperial Ordinance No. 85 and No. 86 respectively, in consequence of which the system of the protection of industrial property concerning inventions, designs, and trade-marks, was firmly established and made a marked development.

By Article XVII. of the Treaty of Commerce and Navigation concluded between Japan and Great Britain in August, 1894, it was prescribed that the subjects of each of the high contracting parties shall enjoy in the dominions and possessions of the other the same protection as native subjects in regard to patents, trade-marks, and designs, while in Article III. of the Protocol was given a consent to joining the International Convention for the Protection of Industrial Property. In most of the revised treaties concluded with other Powers the same articles were also included, in consequence of which, since the 15th of July, 1899, Japan joined the convention. Thus, the Acts of 1888 concerning patents, designs, and trade-marks have at length become perfect and complete after the lapse of over ten years since their promulgation.