9 Present Situation of Japan's System for Development ofIntellectual Property Human Resources (*)
In the "Intellectual Property Strategic Program 2011," it was suggested that, with the coming global network
age, an Intellectual Property Human Capital Development Plan that meets the needs of the time should beestablished and implemented swiftly for the purpose of increasing the competitiveness of Japan's intellectual
property system. Based on this suggestion, the Expert Panel on Strengthening Competitiveness by Intellectual
Property and International Standardization prepared an Intellectual Property Human Capital Development Plan.
In the "Intellectual Property Strategic Program 2012," it was decided to steadfastly implement the plan.
In this research study, the present situation was looked at with respect to the curriculum for development ofintellectual property human resources offered by organizations, associations or universities to achieve theIntellectual Property Human Capital Development Plan in Japan; and the basic material to realize a new systemfor developing intellectual property human resources was prepared.

I

Introduction

1

Purpose and Necessity of this ResearchStudyIn the "Intellectual Property Strategic
Program 2011 (decision of the Intellectual
Property Strategy Headquarters on June 3,2011)," it was suggested that, with the coming
global network age, it was necessary to establish
and swiftly implement an Intellectual Property
Human Capital Development Plan that meets theneeds of the time for the purpose of increasing
the competitiveness of Japan's intellectual
property system. Based on this suggestion, theExpert Panel on Strengthening Competitivenessby Intellectual Property and International
Standardization prepared an Intellectual Property
Human Capital Development Plan. In the"Intellectual Property Strategic Program 2012," itwas decided to steadfastly implement theIntellectual Property Human Capital Development
Plan.
In the plan, it was found necessary to "provide
a curriculum for training business-strategic,
intellectual–property-management human capital"
to those who are active on the front lines.
Therefore, the realization of the Intellectual
Property Human Capital Development Plan
requires examinations of a new curriculum andtraining system for developing intellectual
property human resources. To this end, it is ofutmost necessity to understand and analyze thepresent situation of the system for developing
intellectual property human resources, i.e., the(*)

curriculum for developing intellectual property
human resources and a training system offered byorganizations, associations or universities inJapan.
Accordingly, this research study was
conducted with the purpose of understanding thecurriculum for development of intellectual
property human resources and the training
systems in Japan and for preparing the basic
material to realize an intellectual property humanresources development system required in theIntellectual
Property
Human
CapitalDevelopment Plan, such as the provision of acurriculum for training business–strategic,
intellectual-property-management human capital.
2

Contents of This Research Study(1) Searches on Domestic and International
Public Information
Documents related to the contents of thisresearch study were surveyed by using books,
academic papers, leading cases, research study
reports, council reports, database information andinformation on the Internet, etc. and the subjects
constituting the curriculum for development ofintellectual property human resources and a
training system offered by organizations,associations, and universities in Japan were
understood, organized, analyzed and thensummarized.
The term "curriculum for development ofintellectual property human resources and a
training system" as referred to in this researchstudy shall include the curriculum forThis is a summary of a FY2012 JPO-commissioned research report on the issues related to the industrial propertysystems.
●

IIP Bulletin 2013 Vol.22

1 ●development of human resources and the training
systems related to business strategy andinternational harmonization strategy, but shall belimited to those offered mainly to working adults.
In analyzing the research, data was mappedout on a table with two axes, based on theinformation on subjects researched and organized,
and thereby the state of the distribution ofsubjects
constituting
thecurriculafordevelopment of intellectual property humanresources and training systems offered byorganizations, associations, and universities ofJapan was visualized.
(2) Domestic Interview Surveys
A domestic interview survey was conductedwith a total of 30 people, comprising personnel
responsible for the organization of a development
curriculum or training system, personnel incharge of such organization, and lecturers of theorganizations, associations and universities
offering a curriculum for development ofintellectual property human resources andtraining systems that were selected withreference to the search results on domestic andinternational public information.
In setting up this research study, we
conducted
examinations
fromdiverseperspectives and interviewed people on points
that could not be clarified through searches on
domestic and international public information
alone, i.e., requirements for taking lectures or
lecture hours, as well as the perspective thatwould serve as the axis of a table with two axes.
In addition, to verify the adequacy of thetable’s axes, five out of the 30 people surveyed in
the domestic interview survey were interviewed
again.

Ⅱ Organizations,
Associations,andUniversities
Offering
Curricular for Development ofIntellectual Property Human
Resources
Surveys were conducted on the curriculumfor development of intellectual property humanresources and the subjects constituting thecurriculum offered by the following organizations
and universities.
・ Eight organizations involved in the Council
for Promotion of Development of Intellectual
Property Human Resources: the Associationof Intellectual Property Education (AIPE),
Institute of Intellectual Property (IIP),

●

・

・

・

Intellectual Property Association of Japan(IPAJ),Japan
Intellectual
Property
Association (JIPA), Japan Federation of Bar
Associations (JFBA), Japan Patent Attorneys
Association (JPAA), Japan Institute for
Promoting Invention and Innovation, and the
National Center for Industrial Property
Information and Training (INPIT)
Universities
involved
in
the
Japan
Association of Universities for Intellectual
Property Education and ResearchSome of the universities that are involved in
the MOT Council of Japan and are offeringcourses on intellectual property
Some of the universities that are involved in
the Japan Association of Law Schools and areoffering courses on intellectual property

Ⅲ Two-axes Table Showing the
Subjects
Constituting
theCurriculum for Development ofIntellectual Property Human
Resources1

Overall Table

The horizontal axis of the two-axes tableshows the attributes of the personnel targeted by the
curriculum for development of intellectual property
human resources. Such attributes were classified
into four categories: universities, companies,
professional jobs, and administrative or judiciarybranch.
The vertical axis of the two-axes table shows
the type of personnel to be developed. The type of
personnel to be developed was classified into four
categories: intellectual property basic humancapital, intellectual property specialist humancapital, intellectual property management humancapital, and human capital for overseas expansion.
2

Table of Subjects Offered to Human
Resources of Companies(1) Attribute of the Target Personnel(Horizontal Axis)
In table 1, the attribute of the target
personnel as shown in the horizontal axis is"company" and the type of personnel to be
developed as shown in the vertical axis indicatesthe distribution of subjects offered to "intellectual
property basic human capital" and "intellectual
property specialist human capital."
As shown in table 1, the category"companies" representing the attribute of the
2 ●IIP Bulletin 2013 Vol.22

target personnel as shown in the horizontal axis
was subdivided into five categories: (i)management; (ii) corporate planning department;(iii) legal affairs and intellectual property
department; (iv) research, development andproduction department; and (v) operational
department.

BBb1 BBb2 BBb3 BBb4 BBb5

Document search

BBa3 BBa4 BBa5

Maintenance andmanagement of rights
Acquisition of rights inJapan
Acquisition of rights inforeign countries

BB93 BB94 BB95
BB83 BB84 BB85
BB73

Paris Convention, PCT, andPatent Laws of the U.S., etc.

BB63

Relevant laws

BB53

Copyright Act

BB43

Trademark

BB33

DesignBB23

Patent and utility model

BB13

Basic knowledge on laws AB21 AB22 AB23 AB24 AB25

Operational department

Research, development andproduction department

Attribute of the target
personnel

AB13 AB14 AB15
Legal affairs and intellectual
property department

Foreign languages related
to intellectual property
Subject

Corporate planningdepartment

Establishment of rights
Application of laws

Strategy forestablishment of rights

Management

Type of personnel to be
developedIntellectual
property basic
human capitalIntellectual property specialist human capital(2) Subjects for the Development ofIntellectual Property Basic Human
CapitalandIntellectual
Property
Specialist Human Capital (Vertical Axis)
In table 1, the category "intellectual property
basic human capital" representing the type of
personnel to be developed as shown in thevertical axis was subdivided by two subjects,
which are necessary for the development ofintellectual property basic human capital: (i)foreign languages related to intellectual property;and (ii) basic knowledge on laws.
The category "intellectual property specialist
human capital" also representing the type of
personnel to be developed as shown in thevertical axis was subdivided by the following 11
subjects necessary for the development ofintellectual property specialist human capital: (i)patent and utility model; (ii) design; (iii)
trademark; (iv) copyright law; (v) relevant laws
(i.e., Civil Code, Code of Civil Procedures, Unfair
Competition Prevention Act); (vi) Paris
Convention for the Protection of Industrial
Property, Patent Cooperation Treaty, and Patent
Laws of the U.S., etc.; (vii) acquisition of rights inforeign countries; (viii) acquisition of rights inJapan; (ix) maintenance and management ofrights; (x) document search; and (xi) strategy forestablishment of right.

CompanyScale
0 0（Hours）
1 1～2
2 3～5
3 6～10
4 11～20
5 21～50
6 51～100
7 101～200
8 201～500
9 501～

Table 1: Distribution of Subjects for Intellectual Property Basic Human Capital and Intellectual Property
Specialist Human Capital●

IIP Bulletin 2013 Vol.22

3 ●representing the type of personnel to be
developed as shown in the vertical axis was
subdivided by the following 10 subjects necessary
for the development of intellectual property
specialist human capital: (i) litigation rescinding a
trial decision; (ii) infringement litigation; (iii) ex
parte trial; (iv) inter parte trial; (v) contracts andnegotiations; (vi) finance; (vii) intellectual
property strategy; (viii) standardization oftechnology; (ix) technology strategy; and (x)business strategy.

(3) Subjects for the Development ofIntellectual
Property
Management
Human Capital (Vertical Axis)
In table 2, the attribute of the target
personnel as shown in the horizontal axis is"company," and the type of personnel to be
developed as shown in the vertical axis indicatesthe distribution of subjects offered for"intellectual property practical human capital."
As shown in table 2, the category of"intellectual property specialist human capital"

Standardization of
CB81 CB82 CB83 CB84 CB85
technology
Intellectual property
CB71 CB72 CB73 CB74 CB75
strategyContracts andnegotiations

CB51 CB52 CB53

Inter parte trial

CB43

Ex parte trial

CB33

Attribute of the target
personnel

CB23

Company

Operational department

CB13
Research, development andproduction department

Infringement
litigation
Litigation rescindinga trial decision
Subject

Legal affairs and intellectual
property department

Trial

CB61 CB62 CB63 CB64 CB65

Corporate planningdepartment

Management

Technology strategy CB91 CB92 CB93 CB94 CB95

Finance

Litigations

CBa1 CBa2 CBa3 CBa4 CBa5Management

Type of personnel to be
developedIntellectual property specialist human capitalBusiness strategy

Scale
0 0（Hours）
1 1～2
2 3～5
3 6～10
4 11～20
5 21～50
6 51～100
7 101～200
8 201～500
9 501～

Table 2 Distribution of Subjects for the Development of Intellectual Property Management Human Capital

The subjects dividing the three categories,"intellectual property basic human capital,""intellectual property specialist human capital,"and "intellectual property management humancapital," respectively, as shown in the vertical axisof the two-axes table mentioned above were set
with reference to the information on the category●of subjects offered at organizations, associations
or universities obtained in the searches ofdomestic and international public information.
They were further amended based on theopinions obtained from the interviews conductedwith the organizations, associations, anduniversities.
4 ●IIP Bulletin 2013 Vol.22

personnel as shown in the horizontal axis is"companies," and the type of personnel to be
developed as shown in the vertical axis indicatesthe distribution of subjects offered for "humancapital for overseas expansion."(4) Subjects for the Development of Human
Capital for Overseas Expansion (Vertical
Axis)

Company

Operational department

Research, development andproduction department

Legal affairs and intellectual
property department

Attribute of the target
personnel

Corporate planningdepartment

Development of foreign
DB31 DB32 DB33 DB34 DB35
human capital overseas
Development of foreign
DB21 DB22 DB23 DB24 DB25
human capital in Japan
Development of domestic
DB11 DB12 DB13 DB14 DB15
human capital overseas
Pattern
Management

Type of personnel to be Human capital fordeveloped
overseas

In table 3, the attribute of the target

Scale
0 0（Hours）
1 1～2
2 3～5
3 6～10
4 11～20
5 21～50
6 51～100
7 101～200
8 201～500
9 501～

Table 3 Distribution of Subjects for the Development of Human Capital for Overseas Expansion

As shown in table 3, the category of "humancapital for overseas expansion" representing thetype of personnel to be developed as shown in thevertical axis was divided into three categories
based on the patterns of training for overseas
expansion: (i) development of domestic humancapital overseas; (ii) development of foreign
human capital in Japan; and (iii) development offoreign human capital overseas.
The category of "development of domestic
human capital overseas" assumes a development
curriculum where the human resources employedin Japan are dispatched overseas, where theyreceive training on local laws, establishment ofrights, practical use of rights (contracts),
litigations, strategies, and cultures and customs;
and then they put that training into practice inJapan or overseas after completing thecurriculum.
The category of "development of foreign
human capital in Japan" assumes a development
curriculum where the human resources employedoverseas are accepted by Japan, where theyreceive training on the laws of Japan,
establishment of rights, practical use of rights(contracts), litigations, strategies, and cultures●

IIP Bulletin 2013 Vol.22

and customs; and then they put that training into
practice in Japan or overseas after completing thecurriculum.
The category of "development of foreign
human capital overseas" assumes a curriculum
where the human resources employed overseas
are accepted overseas, where they receive
training on the local laws, establishment of rights,
practical use of rights (contracts), litigations, andstrategies; and then they put that training into
practiceoverseas
after
completingthecurriculum.
(5) Method of Mapping
In mapping the subjects on a two-axes table,
research shall be conducted on the curriculum fordeveloping intellectual property human resources,
which was offered to company personnel in 2012.
This kind of curriculum was offered by the
Association of Intellectual Property Education(AIPE), Intellectual Property Association of Japan(IPAJ), Institute of Intellectual Property (IIP),
Japan Intellectual Property Association (JIPA),
and the National Center for Industrial Property
Information and Training (INPIT).
5 ●Then, the subjects constituting thiscurriculum are examined. By referring to thesyllabus or brochures, the most applicable
category mentioned above shall be decided foreach of these subjects. Then, the most applicable
category shall be allotted the number
representing the lecture hours by minutes. Whena subject falls under several categories, eachcategory is allotted the number representing thelecture hours.
In this way, the appropriate cell in the
two-axes table shall be searched for each subject
constituting the curriculum. Every subject
constituting the curriculum shall be examined andthe numbers representing the lecture hours
allotted to each cell shall be added up. By shadingeach cell on a 10-point scale from white to blackin accordance with the lecture hours added up,
mapping on a two-axes table would be achieved.

overall table was subdivided into six categories in
the following order from left to right: (i)examiners; (ii) trial examiners; (iii) judges; (iv)public prosecutor and police officials; (v) custom
officials; and (vi) personnel in charge ofintellectual property in administrative organs.
Personnel in charge of intellectual property inadministrative organs include officials of thecentral government, officials in charge ofintellectual property in local governments, andstaff and personnel in charge of research
operations of public research organizations.
At the same time, training offered by the
National Center for Industrial Property
Information and Training in 2012 was investigatedas the curriculum for developing intellectual
property human resources offered to personnel
that fall under the category of "administrative or
judiciary branch."

3

5

Table of Subjects Offered for Human
Resources of Professional Jobs

The category of "professionals" representing
the attribute of the target personnel as shown in
the horizontal axis of the overall table was
subdivided into the following five categories inorder from left to right: (i) patent attorneys; (ii)attorneys-at-law; (iii) certified public accountants;(iv) small-and-medium enterprise management
consultants; and (v) certified specialists ofintellectual property management.
Training offered by the Training Institute of
the Japan Patent Attorneys Association in 2012
was investigated as curriculum for developing
intellectual property human resources offered topatent attorneys. At the same time, training
offered by the Japan Federation of Bar
Associations in 2012 were investigated as
curriculum for developing intellectual property
human resources offered to attorneys-at-law.
Training offered by the Association ofIntellectual Property Education in 2012 wasinvestigated as curriculum for developing
intellectual property human resources offered tocertified specialists of intellectual property
management.
4

Table of Subjects Offered to Human
Resources of the Administrative or
Judiciary Branch

The category of "administrative or judiciarybranch" representing the attribute of the target
personnel as shown in the horizontal axis of the●Table of Subjects Offered to Human
Resources of Universities

The category of "universities" representing
the attribute of the target personnel as shown in
the horizontal axis of the overall table was
subdivided into six categories: (i) undergraduate
students; (ii) graduate students (other than thosespecified); (iii) graduate students (law schools);(iv) graduate students (MOT); (v) graduate
students (intellectual property specialist); and(vi) staff of University Research Administrator(URA), intellectual property headquarter orTechnology Licensing Organization (TLO) of theuniversity.
Thesubdivided
categories"graduate
students (law schools)," "graduate students(MOT)," and "graduate students (intellectual
property specialists" cover the graduate students
attending law schools, those attending thegraduate schools involved in the MOT Council ofJapan, and those attending the graduate schools
involved in the Japan Association of Universities
for Intellectual Property Education and Research,
respectively. The category of "graduate students(other than those specified)" is composed of
graduate students who do not fall under the
categories "graduate students (law schools),""graduate students (MOT)," and "graduate
students (intellectual property specialists."The
subjects
concerning
intellectual
properties offered by the graduate schools
involved in the Japan Association of Universities
for Intellectual Property Education and Research
as well as the graduate schools involved in MOT
6 ●IIP Bulletin 2013 Vol.22

Council of Japan and graduate schools involved in
the Japan Association of Law Schools as
mentioned above were investigated as curriculumfor developing intellectual property humanresources offered to personnel that fall under the
category of "universities."

Ⅴ Analysis
1

Method of Analysis

Analysis was conducted through thefollowing method.
First, it was examined whether there were
any subjects with a blank cell or subjects ofsignificantly smaller scales than other subjects.
If there were any such subjects, it was
further considered whether or not they werenecessary for the development of intellectual
property human resources. Where such subjects
were found necessary, further examination was
conducted to find whether any subjects
corresponding to such subjects were offered byother organizations, associations or universities.
Where any corresponding subjects were offeredby
otherorganizations,associations
oruniversities, it was examined whether such
subjects could be used as supplementary subjects.
Where no corresponding subjects were offered byother organizations, associations or universities,
examination was conducted on whether or not
new educational material should be developed.
The two-axes table shall be analyzed in thisway to develop reference material for examining a
new curriculum for the development ofintellectual property human resources.
2

Table of Subjects Offered to Human
Resources of Companies(1) Distribution of Subjects for theDevelopment of Intellectual Property
Practical Human Capital
As shown in table 2, the scale of subject ofthe "standardization of technology" was smaller
than other subjects. Therefore, it was examined
whether or not the subject of "standardization oftechnology" is necessary for the development ofintellectual property practical human capital.
In the "Example measures" listed for theestablishment of a system to promote an
intellectual property human capital development
plan in the "Intellectual Property Strategic
Program 2012," the following proposal was made:●IIP Bulletin 2013 Vol.22"Promoting holding of seminars on international
standardizationor
intellectual
property
management as well as improvement inparticipants and themes." Therefore, the subjectof "standardization of technology" is foundnecessary for the development of intellectual
property human resources.
Next, it shall be examined whether the
subject of "standardization of technology" isoffered by other organizations, associations oruniversities.
As the scale of the subject of "standardizationof technology" offered by graduate schools
involved in the Japan Association of Universities
for Intellectual Property Education and Researchto graduate students (intellectual property
specialists) was 8, the subject of "standardizationof technology" may be found to have been offeredby
otherorganizations,associations
oruniversities.
Following this, it shall be examined whether
the subject of "standardization of technology"
offered by the graduate schools involved in theJapan Association of Universities for Intellectual
Property Education and Research can be used asa supplementary subject.
As the graduate schools involved in the Japan
Association of Universities for Intellectual
Property Education and Research offer a"non-degree students system," applicants may
take the subjects they wish to on a
subject-to-subject basis.
Therefore, if the subject of "standardizationof technology" is covered by the "credit auditor
system," company personnel may take the subject"standardization of technology."(2) Distribution of Subjects for theDevelopment of Human Capital for
Overseas Expansion
As shown in table 3, the scale of categories"development of foreign human capital in Japan"and "development of foreign human capitaloverseas" was 0. Thus these categories shall be
examined whether they are necessary for thedevelopment of intellectual property humanresources.
Because it is stated in the Intellectual
Property Human Capital Development Plan that"development and retention of global intellectual
property human capital are necessary," thesubject of development of global intellectual
property human capital is deemed necessary.
However, the Intellectual Property Human
7 ●Capital Development Plan does not provide any
specific explanation on the images of global
intellectual property human capital nor on the
training to be used for developing such humancapital.
In the domestic interview surveys, several
opinions were given in this point. For example,
one respondent stated, "Every person has
different ideas for the term 'global.' It may vary
according to business type, corporate strategy or
corporate culture. Specifically, what does global
human resources mean? Does it mean that theperson can speak in English on site, or canunderstand the local language or culture? Or doesit perhaps mean that the person can control thewhole business without going to the site?" At thesame time, some raised questions such as, "Doesglobal human resources refer to a Japaneseperson going overseas or does it refer to using
foreign personnel there?," or stated opinions suchas, "I believe global human resources means
sending Japanese workers overseas after training
them to understand the culture and customs of
the place to which they are sent, " or, "I am of theopinion that global human resources means
making the local personnel understand theculture and customs of Japan."Meanwhile, the Japan Intellectual Property
Association summarized the qualifications andskills required of global intellectual property
human resources in the JIPA journal, Chizai Kanri(IP Management) Vol. 62, No. 4, p. 549-557 (2012)and stated that "Global intellectual property
human resources should not necessarily be
supplied from Japan; and the human resources atthe location of business as well as their future
developments should be examined."
In light of the type of personnel presumed
from these opinions and the abovementioned
training patterns for the development of humancapital for overseas expansion, although there
were subjects to obtain the skills "to speak
English on site," "to understand the local
language and culture on site," "to go overseas,"and "to send Japanese workers overseas after
training them to understand the culture andcustoms of the place to which they are sent" forthe training pattern of the "development ofdomestic human capital overseas," no subjects
were offered for acquiring the skills to "useforeign personnel on site" or "to have the local
personnel understand the cultures and customs ofJapan."
If global intellectual property human capitalrequires the training offered based on the●"development of foreign human capital in Japan"and "development of foreign human capitaloverseas," such subjects are found necessary.
Next, examination shall be conducted onwhether subjects similar to the above are offeredby
otherorganizations,associations
oruniversities.
The scale of the subject for the training
pattern of "development of foreign human capitalin Japan" offered by the graduate schools involvedin the Japan Association of Universities forIntellectual Property Education and Research tothe "graduate students (intellectual property
specialists)" was 5. These subjects are offered toforeign registered working adults and thus
personnel of companies overseas can take them.
While large-scale companies could offer
these subjects through the training curriculum inthe company, it is found necessary to newly
establish a subject to enable the training patternof "development of foreign human capital in Japan"and "development of foreign human capitaloverseas" that would be widely available tocompanies.
(Senior Researcher: Hideki Takahashi)

8 ●IIP Bulletin 2013 Vol.22