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The Commissioners of the Patent Offices and representatives of Canada, France, Germany, Japan, the United Kingdom, the United States, the European Commission and the special guest from the European Patent Office met in Tokyo for the First Informal Meeting of the Heads of Patent Offices in Certain Developed Nations to discuss industrial property matters including possible industrial property systems from a global perspective, recognizing the importance of reinvigorating technological innovation and the global protection of the fruits thereof, as well as facilitating their transfer in view of the rapid globalization of economic activity. This meeting is welcomed by the Quadrilateral Trade Ministers Meeting in Tokyo of May 11-12. We also recognized that this meeting is timely and meaningful in view of the next round of WTO negotiations and the Diplomatic Conference on WIPO Patent Law Treaty to be held next year.

Mr. Anthony McDonough, Acting Commissioner of Patents and Acting Chief Executive Officer, Canadian Intellectual Property Office, Mr. Daniel Hangard, Director General, National Institute of Industrial Property of France, Mr. Norbert Haugg, President, German Patent and Trademark Office, Mr. Takeshi Isayama, Commissioner, Japanese Patent Office, Mr. Ron Marchant, Assistant Comptroller, Director of Patents and Designs, British Patent Office, Mr. Q. Todd Dickinson, Acting Assistant Secretary of Commerce and Acting Commissioner of Patents and Trademarks, United States Patent and Trademark Office, Mr. Paul Vandoren, Head of Unit D/3, DG I, European Commission and Mr. Jacques Michel, Vice President, European Patent Office participated in the meeting. Mr. Takeshi Isayama served as Chairman of the meeting.

Patent Protection for Leading-edge Technology

We shared the common understanding that the development of emerging technologies such as biotechnology, software and business methods is important for addressing global environmental issues and food and energy issues, and also for progress in electronic networking in present-day society. We discussed what would be the optimum approach to patent protection for leading-edge technology, and took note that it would be beneficial for us to continue our dialogue with respect to advanced technologies.

International Harmonization of Patent Systems

We noted that simplification and convergence of patent systems is an essential and pressing task for a balanced development of the global economy in view of the even greater economic globalization that is expected in the coming years, and reaffirmed that we will continue to make maximum efforts. We discussed the issues of first-to-file,   international grace period and early publication to provide incentives to various inventors such as researchers, individuals, entrepreneurs of small- and medium-sized enterprises and the like, to become actively involved in technological innovation. We also noted the need to take measures for reduction of filing costs, simplification of systems and increasing predictability. We reaffirmed that we will aim at an early conclusion of PLT regarding the composition of application documents.

Well-known Marks and Geographical Indications

Regarding well-known marks, we discussed the need to improve protection for well-known marks internationally. We also noted the need to ensure appropriate protection of well-known marks on the Internet and in particular, we noted the need to continue discussion internationally on the issue of conflict between trademarks, well-known marks and Internet domain names. Regarding the protection of geographical indications, we acknowledged the need to have further discussions on the establishment of a multilateral system of notification and registration of geographical indications in accordance with TRIPS and the Singapore Ministerial Declaration.

World-wide Patent Granting  

Recognizing that corporations with global business activities and users of patent and other systems seek the granting of stable and high-quality rights quickly with high cost performance in many nations at the same time, we discussed the desirability of making efforts for the creation of a global system.

We identified the need for simplification and convergence of the substantive and procedural patent law and for effective cooperation among patent offices in order to reduce costs and grant stable rights expeditiously.

We also discussed the importance of building confidence among examiners as well as the desirability of mutual recognition of the results of search/examination among patent offices.

Effective Enforcement

We agreed to the importance of ensuring effective enforcement of intellectual property rights, in both developed and developing nations, if all nations are to achieve well-balanced development in our globalizing economy. To achieve that objective, we reaffirmed the need for self-help efforts by all nations and cooperation with developing nations and discussed 1) better understanding the impact of counterfeiting the rapid growth of which is a matter of concern, 2) exchanging information among authorities, and 3) reinforcing training for the development of human resources to raise awareness of enforcement issues.   We reaffirmed that we will cooperate through WIPO and the WIPO/WTO Joint Initiative.

WIPO Issues

We appreciated the efforts made by WIPO for ensuring transparency and accountability in developing its program of activity, and we look forward to its future activities. Furthermore, we discussed the need to resume discussion on the early conclusion of the PLT and consideration of substantive harmonization.   We expressed the hope that WIPO makes a positive effort for the achievement of PCT simplification and automation and PCT fee reduction.

Role of National Offices in Technological Innovation

We recognized the important role of the national offices in promoting technological innovation, and the need for policy coordination among all countries.

We recognized the importance of countries working together, as IP processes evolve by analyzing trends in filing of applications, trends in industry, and trends in technology in various countries, and we discussed cooperation in the exchange of the results of such analysis.

The United Kingdom will explore the possibility of hosting the next meeting.

[Last updated 1999.6.3]

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