Study on Global IP Activities, commissioned by Japan Patent Office (JPO)

Summary of the Report

May 2013

Institute of Intellectual Property (IIP)

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I

INTRODUCTION

1

Abstract of this project[Topic 1] Strategy for IP Resources Aquisition[Topic 2] Strategy for IP Rights Designing[Topic 3] Strategy for IP Rights Prosecution[Topic 4] Strategy for Securing and Managing
Human resources for IP creation[Topic 5] IP Strategy Integrated with an
International Atandardization Strategy(1) Purposes of this projectIn the context of economic globalization,
expansion of the markets in emerging countries,
etc., the global deployment of Japanesecompanies is progressing, too.
In thesesituations, Japanese companies are also working
on intellectual property (hereinafter sometimes
referred to as IP) activities vigorously, forexample, aiming at the aggressive acquisition of aright in China, Korea, and emerging countries aswell as the conventional acquisition of a right in
the developed countries such as Japan, the UnitedStates and Europe.
Furthermore, as a result of accelerated
information
distribution
andinnovationcompetition
withITdevelopment,thetechnological catch-up by competitors is carriedout in a short time, and it has become difficult tolink intellectual property to competitiveness of acompany only by the conventional intellectual
property management. The sophistication of theintellectual
property
strategyplays
anincreasingly important role in reinforcing thecompetitiveness of a company, and it is critical torealize a variety of latest intellectual property
strategies of companies to reinforce theirinternational competitiveness.
Additionally, the grasp of latest intellectual
property strategies is also critical to study the
future policy and system of the Japan Patent
Office based on such latest strategies in order tosupport company activities for pushing forward
the global deployment.
Accordingly, the purposes of this project are
based on investigations and analyses of the actual
situations of the latest intellectual property
strategies of companies in Japan and foreigncountries to propose the form of intellectual
property strategies for strengthening theinternational competitiveness companies toprovide companies etc. with results of theinvestigations and analyses and the proposals, andto provide basic data for studying policy andsystem which the Japan Patent Office is expected
to construct.

2

Implementation methods and results ofthis project

The global IP strategy council wasestablished to analyze and discuss latest
intellectual property strategies etc. in Japan andoverseas from a technical viewpoint and totransversely examine, analyze and give advice
about each topic.
Questionnaire survey, interview survey, andinformation gathering from overseas information
bases (overseas information base reports) wereconducted to obtain information regarding each of
five research studies.
Also, a committee forthe research was established, and each
investigation methods etc., results of the surveys,
and analyses had examined by the committee.

(2) Outlines of this projectThis project consists of a research about
global intellectual property strategies on thefollowing 5 topics and a global intellectual
property strategy council.

●

2 ●IP Strategy Council
2nd Meeting

IP Strategy Council
1st Meeting

Committee
第1Meeting
1回委員
回委員
2nd
第第
回委員
第
11回委員
会
会会
会

Committee
1回委員
回委員
1st
第第1Meeting
第回委員
第 11回委員会
会会
会

Domestic questionnaries (No. of responses/ Effective No. of responses sent)
Co. 371/1039, Att. 21/117

IP Strategy Council
3rd Meeting
Committee
第1Meeting
1回委員
回委員
3rd
第第
回委員
第
11回委員
会
会会
会
5 Committees(5 Topics)

Overseas
informationbase reports①
5 locations

Domestic interviews(pilot) Co. 4, Att. 1

Overseas questionnaries(No. of responses / Effective No. of responses sent)
Co. 105/1105, Att. 27/118
Domestic interviews(first half)
Co. 11
Overseas interviews(first half)
Co. 27, Att. 6
EP, US, KR, ID

Overseas
informationbase reports②
22 locations

Domestic interviews(lastt half)
Co. 19, Att. 1
Overseas interviews(last half)
Co. 31, Att. 7
EP, US, ASEAN, BR

Overseas
informationbase reports③
22 locations（Total respondants of domestic interviews: 36, Total respondants of overseas interviews: 71）

Ⅱ GRASP OFSITUATIONTHE

PRESENT

increasing.
Thus, it is necessary to examine activities
relating to IP strategy (including not only
acquisition of an intellectual property right, butalso know-how and skills around it, humanresources for manipulating them, or acquisition of
a company or business), as activities for procuring
IP resources in a broad sense, and to research /analyze them, and thereby, examine the form ofstrategy in the funding aspect for enhancing
international competitiveness in the light ofvarious viewpoints.

An intellectual property strategy plays an
increasingly important role in reinforcing
competitiveness of companies and it is desired tosophisticate the strategy.
Also, in order toreinforce international competitiveness of thewhole of industry, it is necessary to sufficiently
realize and analyze latest intellectual property
strategies including those of foreign companies
and the actual situations of IP management for
fulfilling the strategies.
In considering of the above background, thisresearch study project focused on 5 situations
which relate to aspects of acquisition, protection/ exploitation of intellectual property, and humanresources who manage these strategies, about
intellectual property strategies for reinforcing
international competitiveness, and then research
about these divided 5 topics was conducted.

(1) Investigations and analyses(i) Integration of an IP strategy with abusiness strategy
It was found out that as a policy forincorporating IP viewpoints into a business model,
the leader who is responsible for the businessconducts the strategy management of bothbusiness and IP, so that activities for incorporating
IP strategy into business strategy are conducted.

Ⅲ RESULTS OF THE RESEARCH
1Strategy for IP resources Acquisition(Topic 1)External acquisition of IP resources becomes
active by transformation and diversification inbusiness models, and the speed of business is●

3 ●[Fig. 1] Example of top-down cooperation
Business

IP dept

LeaderIP
strategy

Advice,Education

India, Brazil, etc. to deal with global markets.
Thus, the importance of research anddevelopment bases in emerging countries is
growing.

Businessstrategy[Fig. 3] Movement of reinforcement of researchand development bases in emerging countries(last 10 years) (Japan, U.S. and Europe by area)

The leader of businessunderstands IP sufficiently

10%

With
univercities
outside theirown countries

No Answer

US Co.[%](n=38)EP Co.[%](n=24)

Unchanged
More

19.7%

0%
JP Co.[%](n=371)

Other

45.8%

Other

50.0%
20%

Russia

62.5%

21.8%

Russia

30%

and

Less

2.7%

40%

* The vertical axis represents a rate of companies
which have more expanded and newly establishedresearch and development bases to the total
number of companies which replied thequestionnaires by country.

No experience

50%

0.0%

Brazil

29.2%

5.0%

0.0%

India

12.5%
26.3%

60%

10.0%

5.0%

Brazil

8.3%

52.0%

15.0%

10.0%

India

70%

18.8%

20.0%

15.0%

Korea

10.5%

80%

6.3%
16.7%

25.0%

20.0%

ASEAN

13.2%

30.0%

25.0%

Korea

3.8%

90%

30.0%

JP Co.[%]
JP(n=371)
Co.[%] (n=371)US Co.[%]US(n=38)
Co.[%] (n=38)EP Co.[%]EP(n=24)
Co.[%] (n=24)

China

100%

research

35.0%

ASEAN

[Fig. 2] Tendency of joint
development (last 10 years)

40.0%

35.0%

China

(ii) IP procurement from outside organizations,joint R&D with outside organizations
The investigation showed a tendency thatwhile both domestic and foreign companies areaggressive about joint research and development
within their own countries, Japanese companies
replied “No experience” at a higher rate and“More” at a lower rate than European and North
American companies did about joint research anddevelopment with companies and universities
outside their own countries. It is thought that
European and North American companies are
more globalized than Japanese companies about
the cooperation in joint research and developmentwith outside organizations.

40.0%(iv) Human resources in charge of IP creation,
IP procurement, and joint R&D
As human resources who will be needed in
the future for procuring IP resources, many
companies in both Japan and foreign countries
chose humane resources who can fully
understand the business strategy and can lead IP
creation, IP procurement, and joint R&D
accordingly. On the other hand, means for
ensuring such human resources is attributed totheir culture, however, the data showed thatJapanese companies end to have a higher rate ofin-house training while overseas companies tend
to have a higher rate of external recruitment.
[Fig. 4] Means for ensuring human resources
needed for procuring IP resources.

Other[%](n=16)

80.0%(iii) Global R&D and design development
Japanese companies more expanded andnewly established research and development
bases mainly in China and ASEAN among
emerging countries.
On the other hand,
European and North American companies
reinforce and establish such bases in not only
China, but also India, Brazil, etc. which are
geographically and culturally close. Further, U.S.
companies conduct research and development in

JP Co.[%] (n=371)

US Co.[%] (n=38)

EP Co.[%] (n=24)

Other[%] (n=16)

70.0%
60.0%
50.0%
40.0%
30.0%
20.0%
10.0%
0.0%

No Answer

Not considered

Other

Using external human resources as
they areRecruiting an external humanresources as employee

4 ●Transferring human resources ofother dept to IP dept

Training human resources in IP dept●

company strategies for protecting products
multilaterally by well combining with multiple
intellectual properties such as design as well as
techniques. In order to differentiate products byprotecting them multilaterally and enhance theeffectiveness of exercise of a right, it is desirable
to try for protection of intellectual property, thus
it is believed to be needed to plan businessstrategy with a viewpoint of this filing strategy.
Furthermore, with respect to know-how
management, a difference between European andNorth American companies and Domestic
companies in a policy of limiting know-how users
was shown because European and North
American companies have higher concerns
against leakage of technologies due to employees’
movements ([Fig. 5]). Additionally, Japanesecompanies have a lower job separation ratecompared to European and North Americancompanies.

(2) Conclusions
Based on the results of the investigations
and analyses, we provide the following proposals
about the form of strategy for IP resource
acquisition
forenhancinginternational
competitiveness.
 Should consider a business model including
an IP viewpoint
Use of IP is very efficient to keep profits
 Should carry out IP management by top
management or transfer the responsibility
Management of IP strategy by a person in
charge who understands business strategies
sufficiently is deemed to be effective.
 Should consider IP acquisition from outside
For speed-up in business, consider acquiring
IP resources based on business strategy
 Should consider employing IP humanresources from outside
Although overseas examples may not be
always better, consider recruiting humanresources or using human resources fromoutside as one means.
2[Fig. 5] Management methods of secret inventions(Questions 2-5) <Multiple responses allowed>
図【図表【1】秘匿発明の管理方法（設問
2-5）

Strategy for IP Rights Designing (Topic 2)

e: Classified

g: Done nothingh: Others

g

h

i

無回答

c: Secret management codefh そ の他eg何 もし て いな い

a: Passwords etc.

df自 国 限 定ce ブ ラ ック
ボ ック ス 化bd使 用 者 の限 定ac秘 密 管 理 規 定(%)＜複数回答可＞Domestic companies
国内企業
European and North American
欧米企業
companies
Othersその他

b先 使 用 権

When a company expands its businessglobally, it is important to solve a problem related
to decision on policies for protecting intellectual
property, for example, multiple protections
including design etc. Moreover, when focusing
on the global acquisition of a right, there areshown different tendencies that the foreign
applications by Japanese applicants are filed moreagainst European and North American countries
and less against countries / regions other thanJapan, United States, Europe, China, and Korea.
With respect to IP human resources, as a result oftransformation in innovation models etc, it isneeded to train and ensure not only conventional“human resources specializing in IP” but also
“human resources utilizing IP” and “global IP
human resources”. The present situation is that
there are domestic companies which takeadvanced actions, for example, actively
conducting global acquisition of a right while
there are still many domestic companies fallingbehind.

a パ ス ワー ド 等

80
70
60
50
40
30
20
10
0

b: Right of prior use
d: limitation of users

f: limitation in only self-country
h: Others

i: No Answer(ii) Acquisition of IP rights globally
There is a tendency that European and North
American companies give weight to “license
revenue” compared to Japanese companies
regarding to the reasons for foreign filing (without
regard to major nations and other nations) ([Fig.
6]). Further, it is deemed that while Japanesecompanies think “not filing an application toabroad because implementation is not decidedyet”, European and North American companies
do not let the situation ambiguous “undecided”
and judge marketability or aim license revenue([Figs. 6 and 7]).

(1) Investigationa and Analyses(i) Determination of IP protection policy
With respect to multiple protections forintellectual property, the hearing survey showed●

5 ●[Fig. 6] Reasons for filing an application
to other countries than major nations【図表Ⅲ-23】主要国以外に海外出願する理由（質問 2-6）【図表Ⅲ-24】主要国以外に海外出願しない理由

80

Whether you are aware of 70
exploitation byothercompanies even if 60
exploitation by your own
company is not decided. 50

e

f

g

h

i

j

40
30
20
10
0
(%)

(Questions 2-9)

[Breakdown of others] （質問 2-9）
About 60 % replied"not applicable" or"Filing an application globally"

無回答
k そ の他
j権 利 行 使 困 難
i予 算 制 約h非 重 要 市 場
g 遅 い審 査
f競 合 不 出 願
e五 庁 優 先d自 国 優 先
c非 重 要 技 術
b短 サ イ ク ル
a実 施 未 定

d

無回答

c

i そ の他
h出 願 方 針bg権 利 行 使 容 易af ラ イ セ ン ス収 入a重 要 技 術(%)(%)(Questions 2-6)

e重 要 市 場
d他 社 牽 制
c共 同 者 の意 向b提 携 予 定 先

80
70
60
50
40
30
20
10
0

[Fig. 7] Reasons for not filing an application
to other countries than major nations

a b c d e f g h i j k l

a: Important techniques(%) a: Exploitation undecided
b: Company with which cooperation is scheduled b: Short cycles
c: Unimportant techniques
c: Intension of copartners
d: Priority to own county
e: Priority to five Offices
d: To discourage other companies
e: Important markets
f: License revenue
f: Not filing an application by competitor
g: Easiness of exercise of rightg: Slow examinationh: Unimportant markets
国内企業 i: Budget constraint
j: Difficulty of exercise of righth: Policy of filing an application
i: Others
j: No Answer 欧米企業 k: Othersl: No Answer＜いずれも、複数回答可：3 つまで＞
< Multiple answers allowed for both: up to 3 >Domestic companies
European and North* Although Figures are about other than major nations, similar results were also obtained for major nations.

Epecially, the hearing survey showedcomments from European and North Americancompanies in which they pay attention to India,
Russia, and Brazil as future markets and arescheduling the increase in the number of filing,
and they do not hesitate to file an application
because upgrading the systems is expected inthese countries in the future like China 10 years
ago and thus the effectiveness of enforcement
will be secured. It is found out that European
and North American companies are strongly
aware of potential for markets and systems inthose countries.
Since there is an outlook in which thenumber of middle-income groups in BRICs will
peak by the 2030s and also there is a movementin which, compared to Japanese companies,
European and North American companies
establish research and development bases over alarge area including South American countries
etc., it is needed to make a vision toward the2030s. Considering a 20-year patent right, it isdeemed that now is an important turning point for
movement.

consideration of techniques, designs and brand.
On this point, when producing a product, it isnecessary to consider which parts should be kept
secret or by which parts a right is acquired toprotect and monopolize the product, which parts
should be opened, from which parts a profit isgenerated, in addition, how to enhance thepresence as an attractive product in considerationof the design and also brand, in order to growcertain revolutionary techniques or design asseeds into business. Because human resourceshaving such a talent for production are rare, it isseemed that even if those human resources can
not be trained in-house, European and North
American companies have an idea of recruiting
them from outside if needed.
(2) Conclusions
 Should consider a strategy for filing anapplication with a purpose of license revenue
as a means for enhancing competitiveness
depending on business conditions.
 Should study BRICs markets which are
expected to grow in the future as countries
where to file.
 Should prepare countermeasures againstleakage of technologies (countermeasureswith consideration of employee’s mobility,etc.) Might need to train human resources capableof comprehensively considering a design /(iii) Utilization of IP human resources inapplication
The results of questionnaires showed that
European and North American companies alsoseek outside human resources who are capable offilinganapplicationincomprehensive●

6 ●brand, business models, etc as well as
techniques.
3

Strategy for(Topic 3)

IP

Rights[Fig. 8] Responses when discovering infringing
products
Japanese European and US
companies US companies companies

Prosecution
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%

The acquisition of an intellectual property
right contributing to management is increasingly
important. In order to acquire an intellectual
property right which has the effectiveness
contributing to management, it is thought to be
essential to acquire the right with a thought of its
use.
Although the definition of intellectual
property right contributing to management can bedifferent according to business, products, etc., itis necessary for each company to strategicallymake a plan for how to use intellectual property
right acquired for what purpose in accordancewith specific circumstances etc. of own company.
Furthermore, comprehensive use with theinclusion of not only patent but also designs /trademarks etc. is important.

20.0
7.3

42.2

23.6
14.5

9.0

9.1

12.6
5.8
7.4

21.8

25.0
5.6
13.9
16.7
5.6
30.6
No
Answera Filing a lowsuitb Holding negotiations with the possibilityof litigation in mind
c In principle, sending a warning andholding negotiations to prevent litigationd Proposing a meeting for licensing
negotiations
e Taking no action
f Taking a completely different action
depending on the case and the countryg Others(1) Investigations / analyses
(i)
①

16.7

Strategy for acquiring effective IP rights
Purposes and actual situations for utilizing
rights② Acquisition of a right for constructing abarrier to entry
There are many companies which acquire aright with the intention to construct a barrier toentry. On the other hand, there are also many
companies which are not clearly aware ofintended use, of such as construction of a barrier
to entry, and the rate of Japanese companies ishigher than that of European and US companies.
It seems that there are still many cases ofacquisition of a right only for ensuring
self-implementation.
It is important torecognize the aggressive use of intellectual
property, for example, of ensuring superiority ofown companies, such as exclusive superiority andcompetitive superiority.

(a) Purposes for using a right
In considering an effective strategy for
acquisition of a right, a strategy for acquisition ofa right depending on purposes of using a right tobe acquired is needed.
(b) Action for practically using a right
According to the results of questionnaires
etc., it is judged that while Japanese companies
have a tendency to basically try to solve a
problem by negotiations to avoid a suit, Europeanand US companies, especially US companies,
have a tendency to exercise a right with a policy
not to hesitate a suit eventually. There might bea difference between Japanese companies andforeign companies in judgment at a point of final
decision of filing a suit ([Fig. 8]).

Acquisition of a right for licensing out
There is a tendency that Japanese companies
do not practice an activity for licensing even if
they are willing to licensing out, compared toEuropean and US companies, and there is atendency that European and US companies
practice an activity for licensing compared toJapanese companies. It is important to clearly
define how to position licensing out as a
③

●

7 ●

management strategy and study possible ranges
for licensing out ([Fig. 9]).

cost and management, so that it could be said that
it is strongly desired to harmonize the systems /operations of individual countries.

[Fig. 9] Activities for licensing
Human resources / Organization
Since it is desired to handle acquisition of aright accordance with business strategy, humanresource training and organization / systems foraccomplishing it should be upgraded. Further, it
is important to attempt to maintain eagerness /motivation of a person in charge for acquisition ofa right linked to business strategy.
⑤
Japanesecompanies

European and
US companies

0%
20.3
10%
20%
56.4
30%
40%
41.6
50%
60%
21.8
70%
30.4
80%
14.5
90%
7.7 No Answer 7.3
100%
A Have intentions of licensing
with promotion activities
B Have intentions of licensing
without promotion activities
C Have no intentions of licensing(2) Conclusions
 Should acquire a right based on clear
purposes of use without aiming acquisition ofa right itself
 Should use a right positively in accordancewith the purposes of use
 Should accelerate the harmonization ofsystems and operation for global acquisitionof a right4(ii) Specific masures in the strategy for IP
rights prosecution

Strategy for Securing and Managing
Human Resources for IP Creation 1(Topic 4)

There are some cases where even though
they have advanced technologies and many
patents and capture a market in an earlier stage of
product development / launch, Japanesecompanies are caught up by overseas companies
and have no choice but to withdraw from themarket. Under this change of circumstances, it
could be said that it is an important agenda torecognize, as one of IP strategies, an inventive
systems for invention which is proper as one ofapproaches for creating innovations (to further
encourage
inventions
contributing
toenhancementofcorporate
profits
andinternational competitiveness)

Writing Specifications / Claims etc.
In order to acquire an effective right,
acquisition of a right linked to business strategy
and research and development strategy is needed,and development of ability of specification writers(training human resources) and cooperation withother departments are important.
①

Acquisition of a right of design / trademark
It is also important to consider using adesign right as a tool for protecting a productbrand, etc. Further, it is necessary for B to B
companies to enhance the value of their private
brand by using the design right.
②

Translation
A cost burden of translating expenses isunavoidable in a way. However, if the rightincludes mistranslation, the value of the rightwould come to nothing, therefore, cautious
dealings with translation are required.

(1) Investigations and Analyses③(i)Actualsituationofinventions
byemployees, etc., made at a home-country
base
Regarding the reward for invention itself, it
was found out that even in countries where asystem of inventions by employees is not
stipulated by law, a rate of “a: Lump-sum cash
payment” is high（➊）. Additionally, there is
only an extremely low rate of companies whichchose “g: no special compensation”, including
foreign companies（➋）.

Right protection in individual countries
Since the systems / operations in individual
countries are different in examination and use, it
is ideal that the scope of right is matched tooperation of each country. However, the scopesof right are preferred to be identical in terms of
④

●

8 ●

[Fig. 10] (Above) Kinds of invention rewards (Q4-1.)(Below) Times of invention rewards (Q4-2.)
100%
80%

JP Co.

US Co.

EP Co.

n=362
➊

n= 34

n= 20

CN Co.

Other

n= 27

n= 16

60%

➋

40%
20%

No Answer

g:NoneEP Co.

n= 14

f:Other80%

US Co.

n= 13

e:Title100%d:Freedom

JP Co.

n=348➌

c:Promotion

a:Bonusb:Increasein pay0%

CN Co.

Other

n= 25

n= 11

60%
40%

➍

20%
0%

No Answer

h:Otherg:keep theinvention secret

f:At the time ofcross-license

e:At the timeof license

d:company works
the invention

c:patent isregisteredb: patent application
is filed

a: invention isreported

There are many examples in which both
Japanese and foreign companies pay a rewards “b:When a patent application is filed” and “c: When apatent is registered”（➌）. On the other hand,overseas companies pay larger amount of reward
at the time of filing but have a lower rate ofpayment (or actual rewards) of “d: When ourcompany works the invention” and “e: When ourcompany gains a monetary income from theinvention by licensing it or assigning the patentright.”, compared to Japanese domestic
companies（➍）.

creating activities by employees other thaninventors, respectively by well combining
different kinds, “financial rewards”, “nonfinancial
rewards”
and“personnel
treatment”.
Additionally, it was found out that many overseas
companies give a reward of invention by
nonfinancial rewards and personnel treatment.

(ii) Management of human resources for IP
creation
Regarding management of the whole IP
creating human resources, it is necessary tochoose a method suitable for a reward of
invention to inventors and evaluation for IP●

9 ●[Fig. 11] Methods and kinds of invention rewards
Methods ofrewards
Bonus
Nonfinancial
rewardPersonnel
treatment

Definiteness ofevaluation objects
Has
Has

Value ofrewardHas
Depending on
individuals

Objectivity of the
Value
Has

Regulation bylaw
Appropriate

A little

Not appropriate

Has

Partially has

Possible

Partially has(iii) Actual situation of inventions by employees,
etc., made at an overseas base, etc
Overseas companies are needed to construct a
country-specific system of invention rewards, as
well.
Furthermore, both Japanese and overseas
companies supported that the system of inventions
by employees in U.S. is desirable. However, it isneeded to recognize that the system reflects various
social systems in US.

(2) Conclusions
 Should take suitable rewards/evaluations for
IP creating activities including an inventive
activity as an important factor contributing tocorporate
profits,
andinternational
competitiveness Each company should consider constructing
an in-house system including a necessary
inventive reward by optimizing combination
of
time,
kind
(financial/nonfinancial/personnel treatment, etc.) and eligible
person for a reward for IP creation in order
to effectively use the whole humanresources for IP creation including inventors
 Should study an in-house system reflecting
the system of inventions by employees andthe characters of labor/social environmentsin each country and various situations ofeach country when constructing an in-housesystemincludinginventive
rewards
corresponding to global company activities
 Should consider as a factor the systems of
inventions by employees of other countries
and the legal system of labor and labor/social
environments in each country withconsideration for the whole company
activities including treatment to employees
such as inventors and global IP creating
activities when the system of inventions by
employees of our country is reviewed[Fig. 12] Desirable system of inventions
by employees (Q4-14)[Answer of JP Companies]
NoNo
response,
Answer,
320

320

3 1
4
Answered,
Responded,
51
51

4
6

[US]
33

(iv) Form of strategy for securing and managing
human resources for IP creation
Japanese companies think that “Inventors’ability and inspiration” and “Education and trainingof human resources by the employer” are important
as a factor contributing to corporate profits andinternational competitiveness. On the other hand,
US companies think that “Inventors’ ability andinspiration” and “Recruitment of talented workers
by the employer” are important and choose “Toattract talented engineers from other companies” asa purpose of invention rewards.
It is important to set a purpose of invention
rewards based on factors in which the invention
contributes to corporate profits and international
competitiveness, and give an invention reward
optimal for the purpose.

5

IP strategy integrated with an international
standardization strategy (Topic 5)

There is a need to construct an IP strategy
integrated
with strategy for international
standardizationforreinforcing
international
competitiveness. The need for human resources
capableofmakingexcellent
useoforganization/system and strategy for that isincreasing.
However, there are not many “companies
which recognize that international competitiveness

●

10 ●

is reinforced by IP strategy integrated with strategy
for international standardization” among Japanesecompanies which address the standardization. On
the other hand, there are some successful examples
ofoverseascompanies
which
reinforced
competitiveness by integrating strategy forinternational standardization with IP strategy.
There are also quite a lot of cases where a success
was proved by adapting international standardization
strategy / intellectual property strategy tomanagement strategy. Further, many of companies
which have leaders responsible for standardization
andintellectual
property
recognizethatinternational competitiveness were increased byintellectual property strategy integrated withstrategy for international standardization.

responsible for international standardizationand leaders responsible for intellectual property,
respectively are included: 63.6% for domestic
companies and 83.4% for overseas companies.
(ii) Application and registration strategy for
inventions
relatedtostandardization
technologies
Companies which recognize ”international
competitiveness was increased ”by IP strategy
integrated with standardization strategy change thetiming of filing/acquisition of a right and contents ofacquisition of a right between standardization
relating patents and other patents. Companies
which replied “international competitiveness wasincreased” show significantly higher percentages in
the categories of “filed an application so that thepatent will likely become a standard essential
patent” and “”filing an application and acquiring aright so that the patent will become a peripheral
patent to a standard specification after the standard
specification is decided” compared to othercompanies.

(1) Investigations / Analyses
From the present investigations, a remarkable
relationshipbetweentheformof
standardization/intellectual property activities andinternational competitiveness was recognized.
Some of matters had been recognized by persons incharge, but the meaning that this relationship was
supported by cross-industrial quantitative data isthought to be a great deal.
(i)





(iii) IP strategy for increasing international
competitivenessIn both Japanese and overseas companies,
about 80% of companies which recognize that
“international competitiveness was increased” by IP
strategy integrated with standardization strategy
clearly define the position of the company’s own
patented technologies against standardization
technologies. These companies emphasize eitherof 3 types of a, b, and c below.
Both Japanese and overseas companies
which do not join the standardization activities
initiatively show that the total of 3 types is about
20% and it is greatly different from the total ofneither of 3 types and No Answer of about 80%.

Standardization activities (staff, system,
collaboration with the IP department, specificactions taken in the course of the activities,
etc.)
Establishmentoforganizations
forstandardization / intellectual property andorganization specializing in the mutual
cooperation
In both Japanese and overseas companies, it
was found out that more than half of companies
which
recognizethat”international
competitiveness was increased ”by IP strategy
integrated with standardization strategy haveorganizations / departments specializing instandardization / intellectual property and link
both of standardization activities andintellectual property activities.
Establishment of leaders in charge ofinternational standardization / intellectual
property
Among companies which recognize that
“international competitiveness was increased”
by IP strategy integrated with standardization
strategy, 54.5% of Japanese companies and16.7% of overseas companies have leaders
responsible for both standardization activities
and intellectual property. In addition, it was
found out that the percentages become higher
when companies which have leaders●

11 ●(Explanatory note) ① initiative join, ② general join, ③ Company having leaders in charge, ④Companies which got increased international competitivenessa

A type of standardization activities that aim for a situation where standardization technologies andour company’s own patented technologies overlap each otherb A type of standardization activities that aim for a situation where standardization technologies
exist as peripheral technologies of our company’s own patented technologies
c A type of standardization activities that aim for a situation where standardization technologies areused to make our company’s own patented technologies more appealingd None of the abovee Others
No Answer

intellectual
property”,“usingintellectual
property”, and “upgrading organization systems /human resources”. Furthermore, it is necessarythat the government constructs and upgrades
infrastructure with which the industry cansmoothly conduct these practice activities.
Accordingly, regarding consideration of
measurements to be taken by the companies andthe government based on the results of theinvestigations, it is thought to the directions forwhich Japanese companies should head toreinforce international competitiveness are as
follows.

(2) Conclusions
It was found out that companies which
replayed “international competitiveness wasincreased” have remarkable characteristics
compared to other companies in many respects
about activities of standardization/intellectual
property. This shows that there are generalteachings and policies about activities ofstandardization/intellectual
propertyfor“enhancing
international
competitiveness”.
Japanese companies need to learn examples andteachings
about
standardization/intellectual
property from leading industries.
To learnteachings obtained from previous examples, some
sort of teaching material and opportunities will beneeded.
In light of the results of investigation andanalyses, we present 5 proposals below.
 Should further reinforce activities for linking
to standardization and intellectual property
 Should learn examples and teachings ofstandardization/intellectual property fromleading industries
 Should continuously investigate and analyze
a recent tendency of standardization /intellectual property
 Should educate human resources who haveskills in both the aspects of standardizationand intellectual property
 Should involve agencies in integrating
standardization strategy with IP strategy(Awareness of intellectual property)Intellectual property strategy is one ofstrategies in management and business, and it iseffective to use intellectual property for keeping a
profit in a business model which embodies thestrategy. Thus, it can be said that business
managers should strongly understand that
intellectual property is a tool for generating a
profit continuously.
Furthermore, it can bethought that such understanding should be sharedwith not only companies but also partners
including universities which consider the use of
intellectual property jointly. And, if intellectual
property strategy is one of management
strategies, it is important to have a clear
awareness of the reason why intellectual property
acquired with a cost is used in business and how
to make the value of intellectual property
effective, and to encourage / realize the effective
IP action which meets the purposes by the wholeorganization.

Ⅳ Prospect of future measures
There is a need to plan and practice global IP
strategy which strengthens business models inorder for industry to fully use IP in businesstowardreinforcementofinternational
competitiveness. And, it is thought that thepractice has three main aspects: “ensuring(Regarding specific IP strategy)
Regarding IP strategy, there are many
previous cases that we should learn from foreigncountries.
However, it is necessary to

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12 ●

sufficiently underdtand that those cases could
have backgrounds more favorable to European
and North American countries than Japan, andconsider whether or not to introduce them
individually with use of our strength.
Since the ways of acquiring intellectual
property and generating a profit and fighting byusing intellectual property, and the competitors’
movements are changing, purposes of using
intellectual property and methods for practicing
IP should also be necessarily shifted against thechanges, and it is needed to construct IP strategy
which is optimized about use and management so
as to correspond to individual business.

manufacturing using our technological strengthand storing intellectual property as defensemeans. Thus, it is indispensable to aggressively
exclude competitors by taking full advantage ofintellectual property created in-house andintellectual property procured from universities,
etc. or to shift to a model of generating license
revenue against overseas subsidiaries and othercompanies. Then, flowing a profit generated byutilizing global IP back to our country permits
technological trade surplus to greatly increase,the profit to be reinvested into innovation, andinnovation cycles of Japanese companies to beaccelerated.
In order to nationally boost a structural
readjustment to such business model of making a
profit by utilizing IP, there is a need that leadersof individual companies spearhead addressing IP
strategy and also the government backs up theactions of these companies and conducts
upgrading IP environments for supporting global
corporate activities etc.
Based on the above understanding and theresults of this research, we make the following
proposals to industry and the government.

(Organization systems, human resources)
Organization systems relating to acquisition
and use of intellectual property should constructa system which the organizations can take action
integrally and functionally, based on each strategy.
Also, it is useful to construct an in-house system
optimized about personnel treatment to make useof human resources effective for enhancing IP
creation activities.
(Matters to be done by the government andgoverment - industry collaboration)
The government which takes charge of IP
administration should also have the sameunderstanding and should develop a policy withthe above viewpoints. Especially, it is strongly
desired to address earlier provision of appropriate
examination results, acceleration of harmonizing
systems / operations of individual countries,
environmental improvement for training humanresources in charge of IP functions and reductionof burdens of procedures in emerging countries,
etc. so that intellectual property rights inindividual countries can be customized.
It is also possible that it is useful to addressa high level of training of IP management humanresources which is difficult to be done bycompanies themselves in cooperation withindustry-government-academia. Especially, it isimportant to create an environment so thatcompanies can utilize immediately effective
human resources who are capable of giving advice
for IP strategy and conducting a strategy forexternal resources use.

(Industry)
1 A new way to thinking to intellectual
property
In Japanese companies, management leaders
should enhance awareness of all employees about
importance of intellectual property, properly
instruct the way of utilizing intellectual property
in business strategy, and further realize asituation of intellectual property use by receivinga report regularly. Furthermore, it is necessarythat under a powerful policy of management
leader, all staff of not only IP department but also
operating department, research department, etc.
work with strong intention for enhancing a
corporate profit by using intellectual property inglobal business activities.
2

Promotion of global IP strategy
Japanesecompanies
shouldfurthersophisticate and promote IP strategy as part ofmanagement strategy with learning previous
cases from overseas countries in order to survive
in global markets. With recognition of social /historic backgrounds of other overseas companies
and also with consideration of using Japanesecompanies’ strength, individual strategy should
be decided.

Ⅴ PROPOSALSJapan is facing a situation where it is difficult
to survive international competitiveness with aconventional model of earning by in-country

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13 ●

Promotion of global IP resource
procurement
Japanese companies also should promote
departure from in-company management withregard to IP resource procurement to surviveinternational competitiveness. Especially, theyshould aggressively utilize research outcomesand potential of universities, and should moreaggressively
utilize
intellectual
property,
productive facilities, human resources, etc.
retained by other companies in Japan and foreigncountries.

smooth acquisition of a right and effective use of aright in emerging countries etc. (actual situationsof operating systems and IP movements in thelocal industry, etc.).

4

4

3

3

Support for training human resources
It is important to experience IP strategy
planning, international negotiations, etc. in order
to train human resources.
The industry,
government and academia should cooperate witheach other and provide such opportunities fortraining human resources.

Upgrading in-house systems for using
IP in business strategy
To incorporate IP strategy into businessstrategy and conduct the strategy accurately inJapan and foreign countries, each company should
upgrade the in-house system based on eachstrategy so that the organization can act integrally
and functionally.

Continuation of research
The research on IP strategy of Japanese andforeign companies should be continued.
Especially, it is necessary to concretely study
obstacles to embodiment of the above proposals
and the solutions for them.

1

5

Training / ensuring human resources forusing IP in business strategy
To incorporate IP strategy into businessstrategy and conduct the strategy accurately,
human resources capable of understanding
business strategy and practicing IP strategy areneeded. Each company should make an effort totrain and ensure such human resources.

Human resources for IP creation refer to humanresources relating to every activity for creating a valueof intellectual property. That is, it includes, forexample, human resources who research rights ofother companies, human resources who file anapplication and acquire a right, human resources who
implement
inventions(productization),human
resources who enhance the brand power as well as
inventor.

(Government)
1 Support for global acquisition of a rightand use of a rightThe
government
shouldpromoteharmonization of IP systems / operations ofindividual countries to smooth global acquisitionof a right and use of a right by each company.
Furthermore, the government shouldmake an effort to expand an international
cooperation scheme for enhancing convenience of
global IP activities of users such as Patent
Prosecution Highway and attempt to increase theuse.
2Upgrading IP environment in themarkets in emerging countries
The government should further aggressively
address upgrading IP infrastructure and training
IP human resources in emerging countries etc.,
especially markets in which companies areinterested, in cooperation with the local
governments.
Furthermore, the government should fulfill
the provision of IP information contributing to●

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