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Minggu, 15 Juli 2018

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Japanese Patent Lawyers Association ( ?????? , Nihon Benrishi Kai (JPAA), headquartered in Tokyo, Japan, is Japan's sole professional lawyers association (Benrishi) with approximately 10,000 members.


Video Japan Patent Attorneys Association



Histori

The Japanese Patent Lawyer System was established on July 1, 1899, fourteen years after the Patent Law System was organized by Korekiyo Takahashi in 1885. In 1899, the number of registered Patent Lawyers was 138. Since then, the number of Patent Lawyers has increased. gradually and, in 2012, reached 9300.

The Organization for Patent Lawyers, the Japanese Patent Lawyers Association (JPAA), was established in 1915. Since its foundation, JPAA has played an important role in improving the proprietary industrial system of Japan. JPAA has also been a leader in promoting a better understanding of various issues related to intellectual property (IP). For example, JPAA has hosted seminars and lectures focusing on IP issues on very broad topics such as international agreements, domestic and international law as well as new and advanced technologies.

Nobuchika Sugimura was the first chairman of JPAA.

Maps Japan Patent Attorneys Association



Qualification

Normally, to become a Patent Lawyer, a person must pass the exams given annually by the Japan Patent Office. This examination consists of a three-step screening method: first multiple-choice examination, then essay writing exam, and finally oral examination. The examination consists of several compulsory subjects such as industrial property law and agreements as well as optional subjects such as communication techniques, organic chemistry, and other natural sciences.

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Registration

A person who has passed the exam or who holds another national qualification to become a Patent Lawyer must register himself with JPAA to practice as a Patent Lawyer. In other words, all Patent Lawyers are required by law to register with JPAA. JPAA oversees and regulates the activities of its members, for example by requiring each member of JPAA to comply with a code of ethics (prescribed by law) that sets standards that govern the conduct of members.

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Organization

The President of JPAA is responsible for all matters relating to internal and external affairs of JPAA. There are eight vice presidents of JPAA who help and support the president. The President and Vice President form an Executive Board of Directors that decides and implements JPAA's main budget and projects. In addition to the Board of Executive Directors, JPAA has several other boards, such as the Audit Board and Board Member Board. JPAA also has five affiliated organizations, such as the International Center for Events and Educational Institutions. JPAA has around forty committees, such as the Patent Committee and Trademark Committee.

In April 2006, the JPAA organization will be changed. That is, up to 20 board members will be added to the board of directors and the president's term will be extended to two years starting from April 2007. The secretariat and its staff assist the executive board in all respects. Currently the Council of Council Members consists of 40 persons elected by JPAA members. This number will increase to 60 in April 2006. JPAA has a general assembly which is the highest decision-making body, consisting of all Patent Lawyers.

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Professional Services

Patent attorneys represent both Japanese and foreign clients in patent procedures, utility models, designs and trademark applications prior to Japan Patent Office. No person except a Patent Lawyer or Attorney at the Law is permitted to represent the client before the Patent Office in return for remuneration. In addition to prior representation of the Patent Office, Patent Lawyers may represent clients in respect of matters relating to unhealthy competition laws and procedures relating to arbitration or settlement regarding IP issues, infringing article imports, and IP licenses.

Patent Lawyers may represent clients in the administrative process in appealing the Patent Office's decision before the Intellectual Property High Court. Patent Lawyers may appear, provide statements and/or conduct interrogations in court to assist parties and lawyers with the Law in respect of matters involving patents, utility models, designs and trademark affairs. Patent attorneys can prepare expert opinions regarding patents, utility models, designs, and trademarks.

A Patent Lawyer who has passed a special exam after taking a 45 hour course on IP litigation may represent the client in a joint violation lawsuit with an Attorney in Law.

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Activity

Education

JPAA began its educational activities in 1962 and established the Training Institute in 1978. The Training Institute offers a number of training and continuing education programs and programs for new and experienced JPAA members. The training program for new members is divided into two parts, one in spring and the other in autumn, each section consists of about 20 intensive courses covering many topics ranging from patent application procedures and judicial case studies to international application procedures. The focus of training for experienced members is mainly on patent laws and substantive trademarks, as well as PCT, EPC and US patent procedures and other state patent procedures. It also includes litigation, copyright, unhealthy competition laws, and a host of other fields in which the role of patent lawyers is expected to flourish. JPAA recently introduced an e-learning system, offering its educational programs to its members via the Internet.

International

JPAA is very active internationally. JPAA holds regular meetings with KPAA, ACPAA, and AIPLA to promote better understanding among each group about the various IP systems. JPAA also holds meetings and other exchanges with CIPA and other patent attorney associations. JPAA regularly sends its delegations to WIPO sessions to participate in discussions on international IP systems. JPAA has made a significant contribution to the APIC training course, organized by the Japan Institute of Innovation and Innovation and sponsored by the Japan Patent Office. JPAA regularly sends lecturers to programs provided by APIC, and APIC training courses have been attended by more than 1,000 trainees from APEC and other countries since 1996. JPAA regularly provides in English information such as revisions to the law IP Japan and changes in practice before Japan Patent Office. Information such as revisions of intellectual property law, treaties and Patent Office and court decisions in foreign countries are provided in Japanese to JPAA members.

Research

The JPAA has a research arm - IP Research Institute - where researchers study and research various matters relating to industrial properties. Researchers at the Institute include not only patent lawyers but also scholars. In addition, various JPAA committees are studying and researching special topics. The Committee includes the Patent Committee, the Design Committee, the Brand Committee, the Computer Software Committee, and the Biotechnology Committee. The findings by this committee are published in "PATENT" magazine and are publicly available.

Support and help

JPAA also runs the IP Help and Support Center for the purpose of enlightening and popularizing the IP system by educating the general public about the role of IP systems in our community. Patent attorneys who donate their time and resources help deliver lectures at schools and organize meetings where people can be consulted about IP issues. JPAA assists with contests of discovery and provides financial assistance to small businesses.

Arbitrage Center

JPAA arranges and operates the Arbitration Center for IP rights under joint control with the Japan Bar Federation Association. The Arbitration Center is an unlawful organization that can resolve disputes very quickly (basically within three months) and in private (in a closed session, out of court). The arbitrators are selected from Patent Lawyers and Lawyers in Law. The arbitral award will be the final verdict and no appeal to the court can be made. Arbitration has the advantage over the judicial process because the fees for arbitration tend to be less.

Public relations

JPAA publishes the monthly magazine "PATENT" and the "JPAA Journal" monthly bulletin. In addition to this periodical publication, JPAA provides guidebooks and/or brochures for people not familiar with IP systems and the role of Patent Lawyers. JPAA has its own website (http://www.jpaa.or.jp/), which provides information about JPAA activities, topics about industrial property systems, related law revisions, judicial precedents, and so on. JPAA holds monthly meetings with people from the news media and works with broadcasters by providing them with information related to IP issues and other related topics.

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References


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External links

  • History of Japan Patent Lawyers Association, Japanese Patent Lawyers Association

Source of the article : Wikipedia

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