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Employee Invention System in Japan

In this article, we provide an overview of the employee invention system under the Japanese Patent Act (Act No. 121 of 1959). Specifically, we briefly explain the definition of and requirements for employee inventions in Japan, the necessity of establishing employee invention regulations, and the grant of reasonable benefits to employees. In addition, a brief explanation of the rules on the work of hire under the Japanese Copyright Act (Act No. 48 of 1970) is also provided. Under the Patent Act, if a contract, employment regulation, or any other prior stipulation sets forth that an employer shall acquire the right to patent an employee invention made by an employee, the right to patent  shall vest in the employer from the...To read the full article, please see the PDF file

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Authors

村田 知信

Since 2010, he has been continuously handling transactions, disputes, and regulatory matters related to IT technology and the IT industry, intellectual property matters including measures against counterfeit products, and data protection matters concerning personal data and trade secrets. He also has abundant knowledge on cybersecurity practices and is registered as a registered information security specialist (national qualification in Japan). After studying in the U.S. and the U.K., he moved to Vietnam and then Thailand. Since then, he has been involved in the above-mentioned matters not only in Japan but also in Vietnam, Thailand, Singapore, Indonesia, and other Southeast Asian countries. While there are few Japanese lawyers in Southeast Asia who specialize in the above-mentioned matters, he supports international companies by utilizing both his abundant knowledge and practical experience in the above-mentioned matters and his local experience and network in Southeast Asia.

草深 充彦

With respect to patent disputes in the field of intellectual property, Mitsuhiko has been involved in multiple patent infringement suits relating to machinery, electrical and electronic technologies, semiconductors, and biotechnology and pharmaceuticals, as well as litigation seeking compensation for employee inventions, actions for the revocation of trial decisions, and out-of-court negotiations. He has also been involved in a variety of lawsuits and negotiations concerning trademark infringement and unfair competition matters.
His transactional practice encompasses a broad range of intellectual property issues, including legal due diligence for domestic and cross-border matters, advising on M&A transactions, and drafting and negotiating agreements relating to domestic and international intellectual property transactions.
He also performs legal research and provides practical regulatory advice on domestic and international data and telecommunications laws and regulations.
In addition, he advises on matters involving intellectual property and data in emerging and technology-driven sectors, including the gaming, sports, and IoT industries.