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Home > International topics > Cooperation in Human Resource Development > Assistance to Developing Countries > JPO Cooperation in Human Resource Development > Training Programs(short) > Report on the “(WIPO) Training Course on the Enforcement of Intellectual Property Rights under the Japan Funds-in-Trust”

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Report on the “(WIPO) Training Course on the Enforcement of Intellectual Property Rights under the Japan Funds-in-Trust”

The Training Course on Enforcement of Intellectual Property Rights under the WIPO/Japan Funds-in-Trust was held from November 30 to December 10, 2015 at the Association for Promotion of International Cooperation (APIC) in Tokyo. This course was primarily for trial judges who handle IP-related cases. A total of 13 persons participated from eight countries in Asia and the Middle East: China, Indonesia, Malaysia, Singapore, Thailand, UAE, the Philippines, and Vietnam.

During the first week of the two-week training course, lectures were held by Japanese experts on topics including the main points of the Japan IP system, studies of infringement cases, and infringement trial procedures. A lecture was also given by the Chief Judge of the High Court for Intellectual Property, and participants were able to tour the court. The second week began with a presentation of country reports by students on each of their countries. This was followed by lectures from WIPO counselors and trial judges on legal procedures that are coordinated with those of other countries and with international conventions. IP managers at corporations operating around the world also gave lectures introducing policies for dealing with counterfeit products.

A lecture on procedures for enforcement of IP rights in Japan was given by a former IP court judge. In addition, studies of actual infringement cases were presented by attorneys. There were vigorous exchanges of views between these instructors and the students. A visit to the High Court for Intellectual Property was set up, and the students observed an actual trademark trial. In addition, the judge explained the content of the trial. Participants were very interested in the trial they observed, and asked the judge many questions. Afterward, they evaluated this visit highly.

The country reports, which took up a half-day, described the state of enforcement of IP rights in each individual country. This was a good opportunity for each student to learn about IP rights enforcement in the countries of the other students—specifically, how national systems differ from each other, and about the infringement cases that occur. Since reports were given on 8 countries, there was not much time for each country. However, trainees still found the session very useful.

During the second week, lectures and discussions examined enforcement of IP rights from a more international viewpoint. Various topics were covered, including IP and applicable enforcement-related legislation, enforcement of trademarks and copyrights, a balanced response to counterfeiting and piracy, civil remedies for IP infringement, private international law issues in IP infringement, and sentencing and proportionality. For the first time in this Course on Enforcement, a mock trial was held this fiscal year dealing with a specific topic. The students were divided into plaintiffs and defendants, and each side made arguments. It was very difficult for the students to make preparations regarding the issues of the trial, but they expressed the opinion that this is an effective way to gain a general understanding of IP trials.

On the final day, managers in charge of IP whose rights are owned by private companies introduced the topic of how companies work with enforcement organizations to carry out anti-counterfeiting and anti-infringement measures. The speakers were then joined by the WIPO instructors for a general discussion. Cases were presented of rights enforcement made more effective and efficient through partnership and cooperation between rights owners and enforcement agencies. Many of the students found that this session was extremely useful.

In the past, participants in the Enforcement of IP Rights course included customs officials and police officers, as well as trial judges and prosecutors. This fiscal year, however, the course was held at an advanced level, focusing on judicial procedures. Therefore, participation in this course was limited to trial judges. The participants by and large gave high evaluations to the advanced level at which this course was held, as well as the restriction of participation.

The problems involved in the enforcement of IP rights are increasingly becoming international, and many of the students felt that it is important to build a personal network among course participants as officials with rights enforcement organizations in various countries. It was impressive to see them deepening their personal ties during breaks between classes, and while travelling to and from enforcement organization facilities. We hope that they will make good use of the knowledge and the personal networks they have gained during this course in order to make significant contributions in the future.

Country report presentation session

Country report presentation session

One of the lectures

One of the lectures

Mock trial session

Mock trial session

Students and lecturers at the closing ceremony

Students and lecturers at the closing ceremony

 

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