December 2021 Newsflash
After deliberation in the background, Japan’s government is making more moves to enshrine secrecy measures for some intellectual property filed with the JPO and deemed dangerous from a military or other security perspective.
Since the last announcement, Prime Ministers Abe and Suga have left office, and now Mr. Kishida leads the government. Security concerns have continued, and the government revealed it is preparing to discuss the first of two rounds of security-focused legal adjustments. Sometime next year, it will deliberate on making a patent publishing secrecy order possible. Later, it will consider security clearance standards to limit actual access to those patent documents deemed vital to technology for national security and too sensitive to publish normally.[3]
The whole idea of “security” in a nation that has a strong military force and is backed up by the US military, while constitutionally rejecting warfare (the famous Chapter II, Article 9), is something of an enigma, and it may be one portent of how the entire political structure maybe gearing up toward revision of the constitution.
August 2020
*This portion was first published August 17, 2020.
The Japanese government is apparently officially considering legal revisions to institute a system for “secret patents” and prevent loss of the protected innovations abroad, TV Asahi reported August 12, 2020.[1]
Other countries, such as the United States’ secrecy orders for patents,[2] enable such secrecy. However, this would be a new policy for Japan. Under the current law, the Japan Patent Office publishes all patent applications after they are filed.[1]
The revision would likely have to wait until next year to pass in the Diet’s session. It is suggested by TV Asahi that information and technology theft by persons in the People’s Republic of China is the cause for concern driving the bill, but little information is yet available.
This seventy-fifth anniversary of the two wartime nuclear bombings, we hope for a good, balanced measure to prevent any theft of technology meant for the good of society, and development of weapons of mass destruction.
* The information provided on this website is for informational purposes only and is not intended as legal advice.
** For questions or consultation, please contact us for more information.
Taro Yaguchi
Sources
[1] TV Asahi. “「秘密特許」導入に法改正へ 中国への対応が念頭に [Moving toward legal revision to implement ‘secret patents’; protection against China in mind].” https://news.tv-asahi.co.jp/news_politics/articles/000190582.html August 12, 2020. Accessed August 13, 2020.
[2] United States Patent and Trademark Office. “120-Secrecy Orders.” https://www.uspto.gov/web/offices/pac/mpep/s120.html Last modified June 25, 2020. Accessed August 13, 2020.
[3] Nikkei Shimbun. “経済安保法案、特許の公開制限を先行 適格性評価は後に [Economic security act proposal first to pass patent publishing limits, later to establish clearance evaluations]” https://www.nikkei.com/article/DGXZQOUA027130S1A201C2000000/ December 4, 2021. Accessed December 9, 2021.
Header image of seal: by Tayeb MEZAHDIA from Pixabay.
