[2010-2011 WTO Case Review Series No. 2]China—Measures for Protection and Enforcement of Intellectual Property Rights (WT/DS362/R): Concerning Disciplinary Rules on Enforcement Under the TRIPS Agreement (Japanese)

Using its accession to the WTO as momentum, China has been rapidly developing its systems related to intellectual property. However, many countries and organizations point out that there are still many problems with intellectual property protection in China. In 2007, the United States made a request for bilateral consultations, and eventually the establishment of a panel, under the WTO dispute settlement procedures, concerning measures for protection and enforcement of intellectual property rights taken by China, and a panel report was adopted on this issue in March 2009. While this issue is noteworthy in the sense that the two superpowers of the United States and China are contesting the intellectual property system in China, which as noted has been attracting considerable international concern, it also has significant implications from a legal perspective, particularly in the way that the WTO panel revealed its interpretation of the enforcement rules under the TRIPS Agreement for the first time. In addition, specific details of the WTO panel report are seen as including matters that should prompt Japan to reexamine its own system. This paper introduces the details of the WTO panel report and discusses their significance.

Assessment and Prospects of Intellectual Property Rights Provisions in RTAs (Japanese)

This paper examines intellectual property rights (IPR) provisions in regional trade agreements (RTAs) and attempts to clarify the significance and problems of these provisions in terms of their relationship with 1) ongoing efforts toward building international IPR laws and 2) the World Trade Organization regime. As a preliminary examination, the paper first summarizes the general characteristics of IPR systems and the significance of building an international institutional IPR system. This is followed by clarification and analysis of existing IPR provisions in RTAs. Specifically, the paper attempts to identify tendencies or patterns observable in the structure of IPR regimes provided for under major RTAs, demonstrating that the IPR provisions can be classified into four types: 1) agreement on the substance of IPR protection, 2) agreement on procedures for IPR protection, 3) agreement on obligations under relevant multilateral agreements, and 4) agreement on cooperation. The significance and problems of TRIPS-plus provisions in RTAs are then examined in terms of their relationship with rules under multilateral agreements. RTAs, in some aspects, contribute to the international harmonization of IPR regimes and thus can be considered constructive. However, as a prerequisite any IPR provisions in RTAs must be consistent with most favored nation and national treatment principles that constitute the fulcrum of multilateral rules. Regarding the question of consistency with the multilateral principles, the paper points out the possibility that TRIPS-plus provisions, particularly those governing substantive rules, may: 1) result in discriminatory treatment among the members of the multilateral trade regime, 2) force RTA member countries to accept excessive concessions, and 3) turn out to be detrimental to the international harmonization of IPR regimes. At the same time, however, the paper acknowledges the significance of certain TRIPS-plus provisions in RTAs. Specifically, provisions governing procedural rules for ensuring enforcement, those calling for accession to and compliance with existing multilateral agreements, and those providing for cooperation in the examination of patents and other IPRs are (so long as agreed to by parties based on their circumstances and reality) are noted as beneficial to parties concerned and conducive to ongoing efforts toward building an international IPR regime. Lastly, with respect to Japan's response to IPR provisions in RTAs, the paper points out that first, in negotiating RTAs, Japan should proactively promote the inclusion of IPR provisions complementary in procedural aspects to TRIPS and other multilateral rules. In setting any new substantive IPR rules in RTAs, the validity and appropriateness of the rules should be carefully examined, not only in terms of advantages and disadvantages for the parties concerned, but also from the viewpoint of establishing an international IPR regime. IPR provisions included in RTAs to which Japan is not party also need to be monitored. Furthermore, it is useful and beneficial for international agencies to undertake research and studies on how IPR provisions in RTAs will affect the development of an international IPR regime and Japan should consider proposing specific research initiatives in this regard.

Identification of three Early Pleistocene tephras in and around the west part of the Musashino Upland, Tokyo, Northeast Japan

In and around the west part of the Musashino Upland, southwest of the Kanto Tectonic Basin, Ob4b-4 (1.62 Ma), Ob4b-1 (1.63 Ma), and Ob3 (1.71-1.78 Ma) tephras in the Kazusa Group, early Quaternary strata, were identified by using characteristic properties such as chemical composition of volcanic glass shards and titanomagnetite, and refractive indices of glass shards, hornblende, cummingtonite, and orthopyroxene. Changes in altitudes of Ob4b-1 identified in four cores and at three outcrops together with those by previous studies indicate geological structure of the Kazusa Group, revealing a gentle northeastward sloping with a gradient of 15/1000 and a prominent discontinuity of the strata along the Tachikawa Fault Zone

The Effect of FRAND Commitments on Patent Remedies

This chapter addresses a special category of cases in which an asserted patent is, or has been declared to be, essential to the implementation of a collaboratively-developed voluntary consensus standard, and the holder of that patent has agreed to license it to implementers of the standard on terms that are fair, reasonable and non-discriminatory (FRAND). In this chapter, we explore how the existence of such a FRAND commitment may affect a patent holder’s entitlement to monetary damages and injunctive relief. In addition to issues of patent law, remedies law and contract law, we consider the effect of competition law on this issue

Identification of Early Pleistocene tephras in the Fuchu core, Musashino Uplands, Tokyo

Three widespread Early Pleistocene tephras were identified in a sediment core drilled at Fuchu in the central part of the Musashino Uplands of the West Kanto Plain, the central Japanese Islands. Characteristic properties such as geochemical composition and refractive indices of glass shards correlate these unknown tephras to three well-characterized tephras formed by calderaforming eruptions. Ebs-Fkd (1.70 Ma), Nyg (1.75 Ma) and Sgn-Kd44 (2.0-1.8 Ma) tephras, all inthe Kazusa Group, early Quaternary strata, are compared to Fuchu core samples and other boring cores from the Musashino Uplands area. Changes in altitudes of those tephras found in other cores under the upland reveal changes to the Kazusa Group’s sedimentary environment and landform at the time of the tephra’s deposition

解題 : Ballardini論文について : コンピュータ利用特許を通してみたEU統一特許制度の問題点

Rosa Maria Ballardini氏 "The ”(EU) Unitary Patent Package” : (Dis)Harmonizing Computer-Implemented Inventions Patents in Europe?" (http://hdl.handle.net/2237/20642)についての解