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What is intellectual property rights?
Intellectual property rights, as shown in the diagram below, is a general term for industrial property rights, which consist of patent rights, utility model rights, design rights, and trademark rights, as well as copyrights and other rights. Furthermore, unlike land, buildings, jewelry, etc., intellectual property is intangible. For this reason, intellectual property rights are also called "intangible property rights."
Due to global economic development and borderlessness, such intellectual property rights are becoming important not only in developed countries such as Japan, Europe and America, but also in developing countries. Protection has been strengthened by the treaty.
In addition, in the diagram below, laws other than the Unfair Competition Prevention Act establish a system of protecting "○○ rights" such as patent rights, trademark rights, and copyrights. On the other hand, the Unfair Competition Prevention Act classifies certain acts as acts of unfair competition and provides protection to those who have been subjected to acts of unfair competition.
Additionally, design rights are valid for ``15 years from registration,'' but from April 1, 2007, this will be changed to ``20 years from registration.''
Characteristics of intellectual property rights
Below, we will explain the characteristics of intellectual property rights from the perspective of utilization of intellectual property rights, measures against infringement, and maintenance of intellectual property rights.
Utilization of intellectual property rights
Since intellectual property rights are a type of property right, they are subject to Article 206 of the Civil Code, which governs ownership. Therefore, rights holders have the right to freely use, profit from, and dispose of their intellectual property rights within the limits of laws and regulations.
Therefore, when intellectual property rights are established, in principle, a patented invention can be used freely without being criticized by others.
In principle, you are free to lend, or license, your intellectual property rights to others. Furthermore, you can borrow money by setting collateral for intellectual property rights (pledge). Additionally, intellectual property rights can be held in trust to raise funds.
In principle, you are free to waive your intellectual property rights and to transfer (sell) them to others.
In this way, once you have acquired intellectual property rights, you can, in principle, freely use, profit from, and dispose of them as you wish, making it possible to recover development funds and make profits through these activities.
Measures against infringement
Intellectual property rights, unlike physical property, allow different people to use the same invention at the same time. Therefore, while infringement of intellectual property rights is relatively easy to commit, it is difficult to detect. This is one of the reasons why it is difficult to resolve the issue of intellectual property infringement.
Therefore, various provisions have been established by law against infringement of intellectual property rights.
If we learn that someone else is infringing on our intellectual property rights, we will typically send a warning letter by certified mail. In that case, the infringer will usually send a written reply by certified mail with delivery record. If you agree with this answer, it will resolve your issue. However, if you are not satisfied with the response letter, you will either have to send another warning letter or file a lawsuit directly.
Litigation regarding patent rights, utility model rights, circuit layout exploitation rights, or copyrights of program works must be filed in the Tokyo District Court or the Osaka District Court (exclusive jurisdiction) (Civil Procedure Law Article 6, Paragraph 1). Other intellectual property infringement lawsuits may be filed in any district court, but lawsuits related to infringement of intellectual property rights other than those listed above may also be filed in the Tokyo District Court or the Osaka District Court. (Article 6-2 of the Code of Civil Procedure). This is because the Tokyo District Court and the Osaka District Court handle a large number of cases and are accustomed to intellectual property litigation.
There are two main types of lawsuits: lawsuits seeking injunctions aimed at stopping current and future infringing acts, and lawsuits seeking compensation for damages incurred as a result of past infringing acts.
Maintaining intellectual property rights
Among intellectual property rights, patent rights, utility model rights, design rights, trademark rights, and breeder's rights are to be established and registered on the condition that a certain amount of money is paid.
As for patent rights, utility model rights, design rights, and breeder's rights, as a general rule, unless a certain amount is paid each year, the rights will expire before the term of the rights expires. This amount paid each year is generally referred to as an annuity.
Therefore, if you want to maintain your rights until the end of your life, you will have to pay an annuity every year. It is also possible to pay the pension for multiple years at once.
In the case of trademark rights, there is no annuity system, and rights usually last for 10 years depending on the amount paid before registration. After 10 years, the validity period can be renewed for another 10 years, provided that the renewal registration fee is paid. Because trademarks are tied to goodwill, allowing anyone to use them even after their term has expired may confuse the market. In other words, trademark rights can last forever by being renewed repeatedly.
There is no need to pay such pensions or renewal registration fees for copyrights and circuit layout usage rights. Therefore, you do not need to do anything from the time the right arises until its duration expires.