Review Survey on Consistency with TRIPS Agreement of Intellectual Property Related Laws
and Regulations in Respective Countries Fiscal 2016
I.

Purpose of This Research
The Council for Trade-Related Aspects of Intellectual Property Rights ("TRIPS Council"), which

was established based on the Agreement on Trade-Related Aspects of Intellectual Property Rights("TRIPS Agreement") that came into force as one of the rules of World Trade Organizations (WTO)
on January 1, 1995, is held for approximately three times a year to discuss issues such as the challenges
contained in the Agreement (what is generally called the "built-in agendas"), review of the Agreement,
progress of development of national laws and regulations in the member countries and the specificdetails of technical cooperation given to developing countries. These challenges examined by the
TRIPS Council are those for which the outcomes of the discussions have a major impact on theinternational framework of protection of intellectual properties and the economic activities of national
industries. The fact that TRIPS Agreement came into force raised expectation for the improvement ofprotection of intellectual properties in the member countries but issues concerning the operation of
the system regarding such problems as the manufacture and distribution of counterfeit and infringing
products due to insufficient protection of intellectual properties still remain. It is important to secure
appropriate protection of intellectual properties in the trading partners of Japan from the perspectiveof improving the business environment of Japanese companies, etc. In the 20 years since theeffectuation of the TRIPS Agreement, the waves of technological innovation and informatization havegreatly contributed to the development of the global trade and investment environment and intellectual
properties have become increasingly important in the international economy. While the TRIPS
Agreement has functioned as a minimum standard for rules concerning protection of intellectual
properties, there are efforts in developed countries including Japan to further improve the protectionof intellectual properties by establishing an intellectual property chapter based on the TRIPS
Agreement in Free Trade Agreements (FTAs)/Economic Partnership Agreements (EPAs) and thereby
develop common intellectual property rules among multiple countries. These negotiations also
contribute to the appropriate protection of intellectual properties in trading partners and are importantfrom the standpoint of developing an intellectual property environment in countries in which Japanesecompanies expand their business. The purpose of this research is to develop policies for the TRIPS
Council and FTA/EPA negotiations and to secure effective protection of intellectual properties heldby Japanese companies, etc. by dealing with recent issues that are considered to be important or tohave a substantial impact and by conducting studies and examinations and striving to grasp the finepoints of the relevant discussions and the detailed status thereof.

II.

Contents of This Research

1. Outline of the Intellectual Property Chapter Contained in the TPP Agreement and Studies on theIntellectual Property-Related Systems of Each Country- 1 -The intellectual property chapter (Chapter 18) of the Trans-Pacific Partnership Agreement ("TPP
Agreement") has major significance as an international treaty providing protection on a higher level
than that under the TRIPS Agreement which is part of the WTO agreement and an exercise of
intellectual property rights. In this regard, although the TPP Agreement is yet to enter into force, it has
and will always have a significance and value as a model of a 21st century-type rule in the Asia-PacificRegion.. Moreover, there is no doubt that the rules provided in the Agreement will serve as the basis
in the future negotiations for economic partnership.
As such, studies and analysis were made on the comparison between the rules provided in Chapter
18 of the TPP Agreement and the existing international rules concerning intellectual property rights
such as the TRIPS Agreement and the Anti-Counterfeiting Trade Agreement (ACTA) as well as on
the relationship between the status of securing the application of the intellectual property chapter of
the TPP Agreement in the ASEAN-4 countries and the transitional measures provided in the TPP
Agreement.
2. Studies on the International Intellectual Property Issues Related to the Provisions of the TPP
Agreement
With respect to the opinions, etc. raised by U.S. industries, etc. during the negotiation and after
the agreement on the intellectual property chapter of the TPP Agreement, the "Trans-PacificPartnership (TPP) Agreement Principles" published by the U.S. Business Coalition for TPP during
the negotiation as the opinions of U.S. industries, etc. were examined while views of the stakeholders
presented in the reports of the Advisory Committee for Trade Policy and Negotiations (ACTPN) andthe reports of the International Trade Center (ITC) were examined as the opinions and evaluations
made by U.S. industries, etc. after the agreement.
Moreover, as the outline of the provisions related to rights and obligations of intellectual property
that are among the provisions of chapters other than the intellectual property chapter of the TPP
Agreement, studies were made on the outline of the provisions related to source code in the ecommerce chapter as well as the investment chapter and dispute resolution chapter, and thereby theirrelationship with the intellectual property chapter was examined.
As the opinion of Japanese industries on the provisions of the intellectual property chapter of the
TPP Agreement, the committee members pointed out the importance of encouraging each country toappropriately apply intellectual property laws to enable the intellectual property law system to be truly
effective while they expressed their expectations for improvement of the intellectual property law
systems through the economic partnership agreements, etc. entered into between the countries.
3. Studies on International Intellectual Property Issues Related to the Provisions of the TPP Agreement
As a result of the United Kingdom European Union Membership referendum which took place- 2 -on June 23, 2016, the U.K.'s movements for withdrawal from the EU (BREXIT) are in progress. As
the procedures for withdrawal from the EU will proceed in the future once the U.K. gives notice, theimpact of BREXIT on Japanese companies was studied using survey sheets. Moreover, as recent
significant activity related to legislation for the protection of trade secrets, studies and examinations
were made on the enactment of the Defend Trade Secrets Act of 2016, the adoption of the EU directiveon the protection of undisclosed know-how and business information (trade secrets) against theirunlawful acquisition, use and disclosure and the state of reaction of major countries. Furthermore,concerning recent significant activity in the intellectual property system in India, studies were madeon the future direction of the institutional design from the perspective of raising awareness on
intellectual properties, creating intellectual property rights, establishing legal frameworks, managing
intellectual properties, commercializing intellectual properties, enforcing judicial rules anddeveloping human resources, with respect to the "National Intellectual Property Rights Policy"
published by the Department of Industrial Property and Promotion (DIPP).
With respect to the systems of geographical indications for agricultural products, the amendmentlaw (enforced in December 2016) enacted with the idea that mutual protection will be provided
between Japan and foreign countries having an equivalent system to that of Japan was examined. In
addition, with respect to Investor-State Dispute Settlement (ISDS) in intellectual property disputes,
examinations were made on the Philip Morris case. Furthermore, studies were made on the progressof the dispute between Eli Lilly and Canada to examine the roles played by investment agreements inthe protection of intellectual property rights in foreign countries.
4. Studies on the Situation, etc. of Discussions made at WIPO, WTO/TRIPS Council and Other
ForumsRecently, developing countries are conducting discussions to weaken the protection of
intellectual properties on the grounds of public health, global environment, biodiversity and humanrights, etc. at WIPO, WTO/TRIPS Council and other forums. Amidst such a situation, examinations
were made on the report of the UN High Level Panel on Access to Medicines while studies were madeon the trends in the WIPO Intergovernmental Committee on Intellectual Property and Genetic
Resources, Traditional Knowledge and Folklore (IGC) since February 2016 and the recent trends
related to copyrights in WIPO by making a close observation of the political discussions made on theeffectiveness of protection of intellectual properties and stances of each country, etc. for the purposeof grasping the current situation and making further examinations. Moreover, studies were also madeon the trends in the discussions held at the WTO/TRIPS Council, dispute cases related to the TRIPS
Agreement and the ACTA.

III.

Summary- 3 -The outline of the intellectual property chapter of the TPP Agreement, trends in the intellectual
property related systems of each country, international intellectual property issues related to theprovisions of the TPP Agreement, the new climate concerning intellectual property protection and thesituation of discussions held at WIPO, WTO/TRIPS Council and other forums were examined by astudy group consisting of practitioners and academic experts, etc.
In recent days, where economic globalization and the information-based society are showing asignificant progress and the international protection of intellectual property rights is becoming
increasingly important, it is necessary to constantly collect information and to make examination not
only on multilateral treaties including the TRIPS Agreement and bilateral economic partnershipagreements but also on the developments of the legal system of each country, new framework forinternational dispute resolution procedures and appropriate enforcement of the intellectual property
law system. It is expected that studies will continuously be made on the international aspects of theintellectual property system.

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