Chapter 3 第3章108< Patent Act >While Japan has implemented successive initiatives to improve IP litigation systems in order to facilitate suicient exercise of IP rights, in comparison to standards in Europe and the United States, the eectiveness of Japan’s evidence collection procedures is insuicient, and the litigation hurdle remains high for SMEs, venture companies, etc. In recent years, other countries have strengthened their litigation systems to further improve eective rights protection, and Japan must engage in persistent reviews of IP litigation systems while keeping an eye on overseas trends.For this, the JPO has engaged in discussions in meetings of the Patent System Subcommittee under the Intellectual Property Committee of the Industrial Structure Council, Minister of Economy, Trade and Industry since October 2018. In February 2019, the JPO presented a report entitled, “An Intellectual Property Dispute Settlement System for Eective Rights Protection”, which includes the following content.(i) Strengthening of evidence collection procedures• Establishing an examination and verication system that enables on-site examination by neutral technical experts(ii) Review of damages calculation methods• Determining damages in relation to aspects that exceed the patentee’s production/sales capabilities, etc.• Approval for increases in amounts corresponding to licensing fees< Design Act >With the permeation of AI and IoT in recent years, strategies focused on design are becoming ever more important to the survival of Japanese companies. In view of such circumstances, the government drafted the “Intellectual Property Strategic Program 2018” in June 2018, approved the “Future Investment Strategy 2018 – Changes toward ‘Society 5.0’ and the ‘Data-Driven Society’” by Cabinet Decision, and announced the intent to conduct reviews of the design system from the perspective of protecting innovations that utilize new technologies and designs that contribute to brand development, etc.For the steady implementation of such reviews, the JPO has engaged in discussions in meetings of the Design System Subcommittee under the Intellectual Property Committee of the Industrial Structure Council since August 2018. In February 2019, the JPO presented a report entitled, “Reviews of Design Systems that Contribute to the Strengthening of Industrial Competitiveness”, which includes the following content.(i) Protection of Graphic image designs• Inclusion of operation and display images within the scope of protection, regardless of whether such images are recorded or displayed on goods(ii) Protection of spatial designs• Including buildings (real property) within the scope of design protection, in addition to goods (movables)• Allowing registration as one design in cases where an interior produces an overall uniform aesthetic impression(iii) Expansion of related design systems• Extending the application period for related designs• Allowing registration of designs that are similar only to related designs2Amendments
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