table of contents
August [Legal] Newsletter
Ministry of Economy, Trade and Industry publishes "Guidebook for Utilizing Generative AI for Content Creation"
On July 2024, 7, the Ministry of Economy, Trade and Industry published the "Guidebook for the Utilization of Generative AI for Content Production," which outlines the direction for the appropriate use of generative AI in the content industry, including games, anime, and advertising.
The guidebook introduces cases of generative AI being used in the game, animation, and advertising industries as of June 2024, as well as points to note and countermeasures for each use scenario of generative AI in each industry, and points out the direction of appropriate use of generative AI in content production (e.g., processing large amounts of data, improving work efficiency, and generating new creativity) with full consideration for the protection of rights and interests such as intellectual property rights (copyrights, design rights, and trademark rights).
It is expected that the guidebook will be used when planning and considering content production using generative AI, selecting which generative AI services to use, conducting legal checks, and creating internal guidelines for the use of generative AI, and is likely to become an essential resource for all companies and creators involved in content production.
<Reference URL>
The Ministry of Economy, Trade and Industry has published the "Guidebook for Utilizing Generative AI for Content Creation" on its website.
https://www.meti.go.jp/policy/mono_info_service/contents/aiguidebook.html
Guidebook for Using Generative AI for Content Creation
https://www.kantei.go.jp/jp/singi/titeki2/chitekizaisan2024/pdf/siryou1.pdf
Japan Patent Office: [Regional collective trademarks] List of registered cases and overview of the system
On June 2024, 6, the Japan Patent Office updated its list of regional collective trademark registrations.
Latest registered cases
・Trademark registration number 6793189 Shonan Olive Oil
・Trademark registration number 6795974 Obanazawa Soba
・Trademark registration number 6797506 Nyuto Onsenkyo
A list of registered cases by prefecture can be found below.
https://www.jpo.go.jp/system/trademark/gaiyo/chidan/shoukai/ichiran/index.html
An overview of the regional collective trademark registration system is as follows:
System overview
The system aims to maintain the trust of businesses in regional products and to revitalize regional economies by protecting "regional brands," and relaxes the registration requirements for word trademarks consisting of the "regional name" and "product name."
Composition of a registrable trademark
It is a combination of the "regional name" and the "product (service) name"
[注意点]
・The trademark must consist of text only
・The constituent characters of the trademark are not stylized
・The entire trademark is not a generic name
Four points for registration
(1) Subjective requirements
Applicants for regional collective trademarks are limited to business cooperatives, associations established under special laws (such as agricultural cooperatives), chambers of commerce, chambers of commerce, non-profit organizations (NPOs), and foreign corporations equivalent to these.
(2) The trademark must be used by members of the organization.
(3) There is a relationship between the name of the region and the product (service)
*Regional name = product's place of origin
(4) Being well-known to a certain extent within a certain geographical area (well-known status)
*It is necessary to be able to prove by objective facts (sales volume, newspaper reports, etc.) that the use of the trademark by the applicant or its members is known to users (end consumers or trading businesses) in a certain area.
Source: "List of Regional Collective Trademark Registrations" (Japan Patent Office)
URL: https://www.jpo.go.jp/system/trademark/gaiyo/chidan/shoukai/ichiran/index.html
Source: "What is the Regional Collective Trademark System?" (Japan Patent Office)
https://www.jpo.go.jp/system/trademark/gaiyo/chidan/t_dantai_syouhyo.html
(Used on June 2024, 7)
*Some processing has been done at our facility
Ministry of Agriculture, Forestry and Fisheries to strengthen regulations on seeds and seedlings sold on flea market sites
In recent years, there have been many cases of fraudulent transactions in which registered seeds and seedlings are put up for sale on flea market sites where individuals buy and sell goods without obtaining permission from the breeder.
For this reason, it has become clear that the Ministry of Agriculture, Forestry and Fisheries is considering strengthening regulations, such as restricting anonymous listings on flea market sites and considering the application of criminal penalties to businesses that store seeds and seedlings for the purpose of export. In addition, the Expert Council has proposed the application of criminal penalties to the act of storing seeds and seedlings for the purpose of export, and the development of a framework for tracking transactions.
Additionally, major flea market sites have begun to take measures such as displaying a warning screen when users try to list seeds that may be in violation of the Seed Protection and Seedlings Act.
The following are examples posted on the Ministry of Agriculture, Forestry and Fisheries website.
https://www.maff.go.jp/j/shokusan/syubyouhou/tane_matte.html
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Variety: Grape variety "Shine Muscat" 〇Summary |
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Variety: Grape variety "Nagano Purple" 〇Summary |
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Variety: Strawberry variety "Tokyo Ohisama Berry" 〇Summary |
The plant variety registration system based on the Seed and Seedlings Act is a system that protects the rights of breeders and promotes the development of new varieties by registering newly developed superior plant varieties with the Ministry of Agriculture, Forestry and Fisheries. The breeder has the exclusive right to commercially use the seeds, harvests and certain processed products of the registered variety. Therefore, no one other than the breeder can cultivate or sell the registered variety without the permission of the breeder. Anyone who intentionally violates the breeder's right is subject to imprisonment of up to 10 years or a fine of up to 1,000 million yen, or both.
Newsletter translated into English
Ministry of Economy, Trade and Industry releases “Guidebook for Content Creation Using Generative AI”
On July 5, 2024, the Ministry of Economy, Trade and Industry (METI) published the “Guidebook for Content Creation Using Generative AI” which provides direction for appropriate utilization of generative AI in the content creation industry, including games, animation, and advertising .
The Guidebook introduces cases in which generative AI has been utilized in the game, animation, and advertising industries as of June 2024, as well as points to keep in mind and measures to be taken for each scenario in which generative AI is used in each industry . It provides directions for appropriate use of generative AI in content creation (eg, mass data processing, work efficiency, creation of new creativity), with full consideration for protection of intellectual property rights (copyright, design rights, and trademark rights) and other rights and interests. The report also provides direction for the appropriate use of generative AI in content creation (eg, mass data processing, work efficiency improvement, and giving rise to new creativity), while giving due consideration to the protection of intellectual property rights ( copyrights, design rights, trademarks, etc.) and other rights and interests.
The guidebook is expected to be used for planning and reviewing content production using generative AI, selecting a generative AI service to use, conducting legal checks, and creating in-house guidelines for the use of generative AI, etc. It is likely to be a must-have resource for all companies and creators involved in content creation.
Ministry of Economy, Trade and Industry Website: Publication of “Guidebook for Content Creation Using Generative AI”
https://www.meti.go.jp/policy/mono_info_service/contents/aiguidebook.html
Guidebook for Content Creation Using Generative AI
https://www.kantei.go.jp/jp/singi/titeki2/chitekizaisan2024/pdf/siryou1.pdf
JPO: List of Registered Regional Collective Trademarks and Overview Of Regional Collective Trademark System
On June 12, 2024, the JPO updated the list of registered Regional Collective Trademarks.
Latest Registered Cases
Trademark Registration No. 6793189: Shōnan Olive Oil
Trademark Registration No. 6795974: Obanazawa Soba
Trademark Registration No. 6797506: Nyutō Onsenkyō
A list of registered cases listed by prefecture can be found below.
https://www.jpo.go.jp/system/trademark/gaiyo/chidan/shoukai/ichiran/index.html
The following is an overview of the system for registering a Regional Collective Trademark.
Outline of the System
The purpose of the system is to maintain business confidence in local products and to revitalize the local economy through the protection of local brands. The system relaxes the registration requirements for standard character trademarks consisting of a region name plus a product name.
Composition of trademarks for which registration may be obtained
A trademark must consist of a combination of the name of the region and the name of the product (service).
[NOTES]
The trademark must be in standard characters only.
The letters composing the trademark may not be stylized.
The trademark as a whole must not be a common name.
Four points for registration
(1) Subjective requirements
Only business cooperatives, associations established under other special laws (such as agricultural cooperatives), commerce and industrial associations, chambers of commerce and industry, non-profit organization (NPO) corporations and their equivalent foreign corporations are eligible to apply for a regionally based collective trademark.
(2) Members of the organization must be permitted to use the trademark.
(3) There must be a connection between the name of the region and the product (service).
* Name of the region = Place of origin of the product
(4) The mark must be famous to some extent within a certain geographical area (well-known)
* It must be provable by objective facts (sales volume, newspaper reports, etc.) that the mark is known to consumers (end consumers or traders) in a certain region as a result of use by the applicant organization or its members.
Source: “List of Registered Regional Collective Trademarks” (Japan Patent Office)
URL: https://www.jpo.go.jp/system/trademark/gaiyo/chidan/shoukai/ichiran/index.html
Source: “What is the Regional Collective Trademark System?” (Japan Patent Office)
https://www.jpo.go.jp/system/trademark/gaiyo/chidan/t_dantai_syouhyo.html
(Utilized on July 10, 2024)
*Partially processed by our firm
Ministry of Agriculture, Forestry and Fisheries Moves to Tighten Regulations Regarding Sale of Seeds and Seedlings on Flea Market Sites
In recent years, there have been many cases of unauthorized transactions in which registered varieties of seeds and seedlings are sold on flea market sites where goods are bought and sold between individuals without the permission of the holders of breeding rights.
To this end, the Ministry of Agriculture, Forestry and Fisheries (MAFF) is considering strengthening regulations, such as restricting anonymous listings on flea market sites and envisioning the application of criminal penalties to companies that store seeds and seedlings for export purposes. The expert panel also recommended the application of criminal penalties for the act of storage for export purposes and the development of a framework for tracking transactions.
Major flea market sites have also begun taking measures such as displaying a warning screen when an attempt is made to sell seeds and seedlings that may be in violation of the Seeds and Seedlings Law.
The following examples are from the website of the Ministry of Agriculture, Forestry and Fisheries.
https://www.maff.go.jp/j/shokusan/syubyouhou/tane_matte.html
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– Variety: Grape variety “Shine Muscat” – Overview: |
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– Variety: Grape variety “Nagano Purple” – Overview: |
|
– Variety: Strawberry variety “Tokyo Ohisama Berry” – Overview: |
The plant variety registration system under the Plant Variety Protection and Seed Act is a system to protect the rights of breeders and to promote the breeding of new varieties by registering newly developed superior plant varieties with the Ministry of Agriculture, Forestry and Fisheries. The holder of a breeding right has the exclusive right to exploit seeds, harvested products, and certain processed products of the registered variety, etc. in the course of business. Therefore, persons other than the holder of the breeding right may not cultivate or sell the registered variety , etc. without the permission of the holder of the breeding right. Intentional infringement of a breeding right is punishable by penal servitude of not more than 10 years or a fine of not more than 10 million yen, or both.
