Recently, the Small Board of the Patent System of the Intellectual Property Branch of the Japan Patent Office Industrial Structure Review Committee drafted an amendment to the Patent Law. In order to revise the patent ownership of employees, it is proposed to modify the provisions of the current law that belong to the “employee ownershipâ€. It is proposed to be transferred to “enterprise ownership†on the premise of formulating a reward system. The franchise office is striving to submit the draft to the ongoing interim parliament.
Because this year's Nobel Prize in Physics and the "father of Blu-ray LED" Nakamura Shuji developed LED production technology as a research and development personnel, he had a new lawsuit against the patent law and the company's Nichia Chemicals. The amendment is expected to play an active role in balancing the division of patent interests among employees and reducing the contradiction between patent rights of employers and employees.
Nobel Laureate has worked with companies to court <br> <br> with the "Patent Law" is about to revise the 2014 Nobel Prize in Physics laureate, known as "blue LED" Father of the University of California Shengtababa Lai branch professor Nakamura Shuji (American-American) and his former Nichia Chemical Industry Co., Ltd. have once again caused heated debates in Japanese society due to litigation disputes over blue LED patents.
Nakamura Shuji joined Nichia Chemical Co., Ltd. in 1979. After several years of efforts, he invented the blue LED in 1992 and realized the mass production of blue LED in 1993. Later, Nakamura Shuji left Nichia in 1999 and was invited by the President of the University of California, Santa Barbara, at the invitation of the President of the University of California, Santa Barbara, because of differences in patent rights with Nichia Chemical and the management philosophy of Nichia Chemical. The school teaches.
After Nakamura Shuji moved to the United States, Nichia Chemical sued Nakamura on the grounds that Nakamura provided patent technology to competitors and suspected of leaking corporate secrets. Nakamura was indignant as the inventor of the Blu-ray LED patent and only obtained 20,000 yen from Nichia Chemical Co. The exchange rate was about 200 US dollars. It was ridiculed as a "slave" by the American counterparts. In 2001, it launched a counterattack against Nichia Chemical. The lawsuit required Nichia to confirm the ownership of the Blu-ray LED patent and pay the patent transfer fee of 20 billion yen. The final court ruled that Nichia Chemical Co., Ltd. should pay 20 billion yen to Nakamura, but Nichia Chemical refused to accept the ruling and appealed to the High Court. After four years of tug-of-war, in January 2005, the Tokyo High Court of Japan finally ruled that Nichia Chemical Co., Ltd. Reimbursed Nakamura to repair 840 million yen. At a press conference held after Nakamura’s Nobel Prize in Physics, Nakamura was asked more or less about his dissatisfaction with the patent lawsuit of Nichia Chemical.
Service Invention Patents is a clear <br> <br> Japan in 1909 revised "Patent Law" clearly defined "service inventions" (patent obtained during in-service employees) return "Whole", then as public rights awareness The improvement of the “inventorism†that the inventor has the patent right has become the mainstream concept of the society. When the Patent Law was amended in 2004, the “service invention†was changed to “employee ownershipâ€. In the following ten years, the Japanese patent system has followed this special practice, which is different from the "business invention" of the major European and American countries.
According to the current patent system in Japan, the patent inventor has the patent right and can transfer the patent to others. However, in practice, the Patent Law recognizes that the patents obtained by the “service inventions†formulated by most enterprises are automatically transferred to the enterprises and the internal regulations of the enterprises that provide certain remuneration to the inventors. The main reason for this is that the company believes that it provides wages for the service inventors and provides various funds, equipment and personnel guarantees for research and development. Therefore, the invention patents should of course belong to the enterprise. However, in the current system, the specific amount of the “relevant gratuity†required for the use of employee invention patents by enterprises is ambiguous, and both employers and employees often have disputes, and even the incidents of employees and the company’s courts have occurred from time to time. The Japanese economic community is generally worried that patents will be prosecuted by employees and are required to pay high fees. Therefore, it calls for amendments to the Patent Law.
To solve this problem, in June 2013, the Japanese government adopted the intellectual property policy as an economic growth strategy and adopted a cabinet resolution that fundamentally reformed the “service invention systemâ€. According to the amendments to the Patent Law recently drafted by the Small Committee on the Patent System of the Intellectual Property Branch of the Intellectual Property Branch of the Japan Patent Office, the provisions on the patent right of “employee ownership†in the current system were revised, and the premise of the establishment of the reward system was proposed. Turning to “business ownershipâ€, rewards for employees include not only economic aspects, but also salary increases and study abroad.
After the revision of the Patent Law, employees of the invention patents still have the right to sue the enterprise for more emoluments. On the other hand, in order to reduce the risk of escalating labor-to-investment conflicts to litigation, the amendment proposes that companies need to ask employees for reward content expectations when formulating incentives.
There are obvious differences in patent rights around the world <br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br> The law will further dampen the enthusiasm of technology developers and may lead to the flow of outstanding technicians overseas.
The labor group believes that although countries such as Europe and the United States stipulate that "service inventions" are "owned by enterprises", because Japan's special employment system and culture determine that such systems do not apply to Japan, the reason is that the Japanese workplace adopts a lifelong employment system. The flow is relatively small, companies and employees are usually in an unequal position, and employees are in a weak position when negotiating patent claims. Therefore, in the legal setting, it is necessary to ensure the fairness of the system from the perspective of safeguarding the interests of employees. In addition, for technology R&D personnel, US technology companies are more attractive because of the mobility of people, the ability of talented people to find good companies, and the easy access to venture capital for research projects with uncertain prospects. Labor groups are concerned that the revision of the Patent Law may lead to the loss of outstanding Japanese technical talent.
The corporate group welcomed the revision of the Patent Law and believed that the revision of the patent system could avoid the prosecution of employees around patent rights and was required to pay high fees. On the 8th, at the press conference held in Sapporo City, the president of the Economic and Trade Association, known as the Prime Minister of Japan, said that Nakamura Shuji had said that the blue LED patent and Nichia Chemical’s court were in court. It belongs to the inventor, but most of the major countries in the world stipulate that the patent right belongs to the enterprise." (The League of Nations) requires the revision of the Patent Law to change the patent right from "employee-owned" to "enterprise-owned".
In addition, the League of Nations has issued a statement specifically to promote the revision of the Patent Law by the Japanese government, stating that it will improve the regulations for companies to remunerate patent inventors. The statement said that in today's increasingly fierce global competition, technological innovation is the lifeline of enterprises, and the source of technological innovation is the technological invention of employees. To this end, Japanese companies should actively develop incentives while promoting and cultivating talents to promote employees to engage in technological innovation. After the "Patent Law" amends the service invention to be "owned by the enterprise", the Youth League will promote the establishment of relevant systems for ensuring the remuneration of patent inventors, and maintain and improve the enthusiasm of scientific and technological personnel for technical inventions.
Because this year's Nobel Prize in Physics and the "father of Blu-ray LED" Nakamura Shuji developed LED production technology as a research and development personnel, he had a new lawsuit against the patent law and the company's Nichia Chemicals. The amendment is expected to play an active role in balancing the division of patent interests among employees and reducing the contradiction between patent rights of employers and employees.
Nobel Laureate has worked with companies to court <br> <br> with the "Patent Law" is about to revise the 2014 Nobel Prize in Physics laureate, known as "blue LED" Father of the University of California Shengtababa Lai branch professor Nakamura Shuji (American-American) and his former Nichia Chemical Industry Co., Ltd. have once again caused heated debates in Japanese society due to litigation disputes over blue LED patents.
Nakamura Shuji joined Nichia Chemical Co., Ltd. in 1979. After several years of efforts, he invented the blue LED in 1992 and realized the mass production of blue LED in 1993. Later, Nakamura Shuji left Nichia in 1999 and was invited by the President of the University of California, Santa Barbara, at the invitation of the President of the University of California, Santa Barbara, because of differences in patent rights with Nichia Chemical and the management philosophy of Nichia Chemical. The school teaches.
After Nakamura Shuji moved to the United States, Nichia Chemical sued Nakamura on the grounds that Nakamura provided patent technology to competitors and suspected of leaking corporate secrets. Nakamura was indignant as the inventor of the Blu-ray LED patent and only obtained 20,000 yen from Nichia Chemical Co. The exchange rate was about 200 US dollars. It was ridiculed as a "slave" by the American counterparts. In 2001, it launched a counterattack against Nichia Chemical. The lawsuit required Nichia to confirm the ownership of the Blu-ray LED patent and pay the patent transfer fee of 20 billion yen. The final court ruled that Nichia Chemical Co., Ltd. should pay 20 billion yen to Nakamura, but Nichia Chemical refused to accept the ruling and appealed to the High Court. After four years of tug-of-war, in January 2005, the Tokyo High Court of Japan finally ruled that Nichia Chemical Co., Ltd. Reimbursed Nakamura to repair 840 million yen. At a press conference held after Nakamura’s Nobel Prize in Physics, Nakamura was asked more or less about his dissatisfaction with the patent lawsuit of Nichia Chemical.
Service Invention Patents is a clear <br> <br> Japan in 1909 revised "Patent Law" clearly defined "service inventions" (patent obtained during in-service employees) return "Whole", then as public rights awareness The improvement of the “inventorism†that the inventor has the patent right has become the mainstream concept of the society. When the Patent Law was amended in 2004, the “service invention†was changed to “employee ownershipâ€. In the following ten years, the Japanese patent system has followed this special practice, which is different from the "business invention" of the major European and American countries.
According to the current patent system in Japan, the patent inventor has the patent right and can transfer the patent to others. However, in practice, the Patent Law recognizes that the patents obtained by the “service inventions†formulated by most enterprises are automatically transferred to the enterprises and the internal regulations of the enterprises that provide certain remuneration to the inventors. The main reason for this is that the company believes that it provides wages for the service inventors and provides various funds, equipment and personnel guarantees for research and development. Therefore, the invention patents should of course belong to the enterprise. However, in the current system, the specific amount of the “relevant gratuity†required for the use of employee invention patents by enterprises is ambiguous, and both employers and employees often have disputes, and even the incidents of employees and the company’s courts have occurred from time to time. The Japanese economic community is generally worried that patents will be prosecuted by employees and are required to pay high fees. Therefore, it calls for amendments to the Patent Law.
To solve this problem, in June 2013, the Japanese government adopted the intellectual property policy as an economic growth strategy and adopted a cabinet resolution that fundamentally reformed the “service invention systemâ€. According to the amendments to the Patent Law recently drafted by the Small Committee on the Patent System of the Intellectual Property Branch of the Intellectual Property Branch of the Japan Patent Office, the provisions on the patent right of “employee ownership†in the current system were revised, and the premise of the establishment of the reward system was proposed. Turning to “business ownershipâ€, rewards for employees include not only economic aspects, but also salary increases and study abroad.
After the revision of the Patent Law, employees of the invention patents still have the right to sue the enterprise for more emoluments. On the other hand, in order to reduce the risk of escalating labor-to-investment conflicts to litigation, the amendment proposes that companies need to ask employees for reward content expectations when formulating incentives.
There are obvious differences in patent rights around the world <br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br> The law will further dampen the enthusiasm of technology developers and may lead to the flow of outstanding technicians overseas.
The labor group believes that although countries such as Europe and the United States stipulate that "service inventions" are "owned by enterprises", because Japan's special employment system and culture determine that such systems do not apply to Japan, the reason is that the Japanese workplace adopts a lifelong employment system. The flow is relatively small, companies and employees are usually in an unequal position, and employees are in a weak position when negotiating patent claims. Therefore, in the legal setting, it is necessary to ensure the fairness of the system from the perspective of safeguarding the interests of employees. In addition, for technology R&D personnel, US technology companies are more attractive because of the mobility of people, the ability of talented people to find good companies, and the easy access to venture capital for research projects with uncertain prospects. Labor groups are concerned that the revision of the Patent Law may lead to the loss of outstanding Japanese technical talent.
The corporate group welcomed the revision of the Patent Law and believed that the revision of the patent system could avoid the prosecution of employees around patent rights and was required to pay high fees. On the 8th, at the press conference held in Sapporo City, the president of the Economic and Trade Association, known as the Prime Minister of Japan, said that Nakamura Shuji had said that the blue LED patent and Nichia Chemical’s court were in court. It belongs to the inventor, but most of the major countries in the world stipulate that the patent right belongs to the enterprise." (The League of Nations) requires the revision of the Patent Law to change the patent right from "employee-owned" to "enterprise-owned".
In addition, the League of Nations has issued a statement specifically to promote the revision of the Patent Law by the Japanese government, stating that it will improve the regulations for companies to remunerate patent inventors. The statement said that in today's increasingly fierce global competition, technological innovation is the lifeline of enterprises, and the source of technological innovation is the technological invention of employees. To this end, Japanese companies should actively develop incentives while promoting and cultivating talents to promote employees to engage in technological innovation. After the "Patent Law" amends the service invention to be "owned by the enterprise", the Youth League will promote the establishment of relevant systems for ensuring the remuneration of patent inventors, and maintain and improve the enthusiasm of scientific and technological personnel for technical inventions.
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