Artificial Intelligence and Intellectual Property Strategy Clearing House

Query: Japan

1 record(s) found.

Member state	Policy type	Details
Japan	Data rights	Unfair Competition Prevention Act (UCPA), revised in 2018 Japan has introduced civil law remedies (such as claims for injunctions and compensation for loss or damage) against wrongful acquisition, use and disclosure of valuable data in the UCPA.
	Database rights	The Copyright Act 1970 A database can be protected as a work when it constitutes a creation by reason of the selection or systematic construction of information contained therein under Article 12-2 (1) of the Copyright Act. Even if a database itself is protected, the rights of the author of a work that forms parts of the database will not be affected.
	Examination guidelines and procedures for AI	Annex B, Chapter 1 of the Examination Handbook for Patent and Utility Model entitled Computer Software-Related Inventions 2018 The Section sets out the examination procedures for AI-related inventions. In 2018, the Japan Patent Office (JPO) revised Chapter 1 to describe its fundamental policy for AI-related inventions. Case Examples pertinent to AI-related technologies 2019 The JPO provides examples pertinent to AI-related technologies, aiming to further clarify the examination procedures for AI-related inventions. These case examples have been added into Annexes A and B of the Examination Handbook. Collection of existing materials on the examination practices of the IP5 Offices on AI-related inventions A comparative table summarizing the laws, examination guidelines, and examination cases related to the examination practices of IP5 Offices for AI-related inventions was published on the IP5 website in July 2023.
	IP legislative measures adapted for AI	Amendment of the The Copyright Act 2018 The Copyright Act (Articles 30-4, 47-4, 47-5) was amended in 2018 to introduce “flexible limitation provisions” for usage of copyrighted works needed for innovation through technologies such as IoT, Big Data, and AI for smooth exploitation of works. Especially, Article 30-4 describes limitation for exploitation without the purpose of enjoying the thoughts or sentiments expressed in a work. This Article is applied to actions such as collecting data necessary for machine learning in developing AI and providing those data to third parties.
	National or regional AI or other strategy with data component	AI Strategy 2019 AI for Everyone: People, Industries, Regions and Governments 2019 The Strategy emphasizes importance of data and calls for development of data related infrastructure (page 50).
	National or regional AI strategy	AI Strategy 2019 AI for Everyone: People, Industries, Regions and Governments 2019 The Strategy has been adopted by Integrated Innovation Strategy Promotion Council.
	National or regional AI strategy with IP component	AI Strategy 2019 AI for Everyone: People, Industries, Regions and Governments 2019 The Strategy emphasizes on strengthening the IP system and identifying issues related to AI and IP.
	Other AI and IP processes and information	Cabinet Office's Initiative: Report titled “Committee to Review Intellectual Property regarding New Data-related Assets” 2017 Some of the topics raised in the report concern: - Support for entering into contracts and establishing distribution infrastructure related to valuable data under the Unfair Competition Prevention Act (UCPA, revised in 2018); - Establishment of a fair competitive environment as a basis for smooth sharing and consideration of possible rights to promote utilization of “valuable data”; - Improvement of environment concerning promotion of creation of datasets for AI machine learning; - Clarification of how the intellectual property system relates throughout the generation process of AI. Data: Contract Guidelines on Utilization of AI and Data, AI section 2018 Data: Contract Guidelines on Utilization of AI and Data, Data section 2018 These are guidelines regarding the issues that should be considered in data-related contracts (such as utilization, processing, transfer and other handling of data) and in particular in contracts regarding development and utilization of AI-based software. Copyright: Guidance notes 2018 The Copyright Act, Article 30-4, 47-4, 47-5 was amended in 2018 to introduce “flexible limitation provisions” for usage of copyrighted works needed for innovation through technologies such as IoT, Big Data and AI for smooth exploitation of works. Data: Guidelines on Shared Data with Limited Access 2019 The Guidelines provide examples of “shared data with limited access”. Japan Patent Office's Initiative: Action Plan 2022 The JPO issued the new Action Plan (FY2022-2026 edition) with regards to utilizing artificial intelligence technology in the future. The JPO is subsequently conducting Proof of Concepts and Proof of Business projects, developing, and introducing several tools in accordance with the Action Plan. Japan Patent Office's Initiative: International Symposium on Patent Examination Practices on AI-related Inventions 2019 The JPO held the International Symposium on Patent Examination Practices on AI-related Inventions in November 2019, inviting experts from the IP5 Offices and others. During the seminar, it was discussed how each office determines patentability of claimed AI-related inventions based on common case examples the JPO prepared. Data: Guidance for Data Utilization 2020 This booklet introduces key points to keep in mind and countermeasures when utilizing data in order to mitigate companies’ concerns and encourage data utilization. Development of Examination Environment for AI-related Inventions Starts 2021 Aiming to develop an environment of more efficient and highest-quality examinations for AI-related inventions, the JPO inaugurated a Team for Supporting AI Examinations, an internal body in which the respective examination divisions collaborate beyond their responsible technical fields. The team accumulates and shares knowledge on the latest AI-related technologies and case examples of examination results, holds discussions on related measure for patent examinations and conducts other efforts. Examination Guidelines in Manga: AI/IoT Edition 2021 The JPO has released the world's first manga-based version, namely, “Examination Guidelines in Manga: AI/IoT Edition”. The aim of publishing them as a manga is to get people who are not patent specialists interested in patent examination.