Fusion Systems Charges Mitsubishi with Patent Infringement

" Conversely, when the question is viewed from a Nipponese perspective, the answer will almost always be "yes." sheer infringement, if it occurs in Japan, is not the overt type often effect in countries such as Brazil and Taiwan. In those countries, for example, the logical implication of specific American products is often prohibited, while local copies be produced and marketed at much lower prices than those demanded for their American counterparts.4 In such instances, American apparent(a)s are simply ignored. Cases in Japan where palpable infringement is charged, however, are far more complicated and subtle.

be the differences in the patent police forces of the United States and Japan are the philosophical differences between the two countries in the ways in which they near the conduct of industrial businessthe industrial policies of the countries. An industrial constitution attempts to provide an economic environment which both (1) supports industrial ontogenesis generally, or (2) promotes the development of specific industries or sectors of an economy.5 Such a policy might include (1) tax incentives to support either investment or exports, (2) subsidiesdirect or indirectto industrial firms or industries, (3) protection against foreign competition, (4) worker training programs, (5) accompanimentfull or participatingfor research and devel

In Japan, also, patent applications are published in full in the Nipponese Patent Gazette 18 months subsequent to a filing. The typical time period in which a patent is pending in Japan is 72 months.15 During the pending period, the technological innovation is not protected16 Thus, competitors are provided with an chance to become well acquainted with a new technology, and to compound it into their operations. The Japanese intent, of course, is to promote industrial cooperation and technology sharing.

Japanese patent law does require an applicant for a patent to see any make outn existing technology or introductory art related to the technology for which a patent is sought. This provide is seldom enforced in Japan, however, and abuses are frequent.17

23D. M. Spero, "Don Spero's top to Protecting Intellectual Property in Japan," Harvard Business Review, 68 (SeptemberOctober 1990): 65.

When industrial policy is translated into patent law in Japan, the get out is quite different from American patent law. The prey of American patent law is "to protect and reward individual entrepreneurs and advanced(a) businesses, to encourage innovation and the advancement of knowledge."9 By contrast, the objective of Japanese patent law is to promote the sharing of technology.10 communion technology implies that innovation will not be protected, as such protection is understood in the United States. beyond the objective of assuring the sharing of technology, Japanese patent law is designed to encourage the "rapid spread of technological knowhow among competitors in a manner that avoids litigation, encourages broadscale cooperation, and promotes Japanese industry as a whole."11

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