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What is Intellectual Property? Explanation of Types and Current Landscape in Japan
The importance of intellectual property (IP) lies in protecting the results of intellectual creative activities, which are the keys to a company’s competitiveness and sustainable growth. Especially, intangible assets such as inventions, designs, and brands are at high risk of imitation, and without proper protection, valuable information and know-how may leak from the company.

This article provides a detailed overview of the types of intellectual property rights, the systems for their protection, and the current landscape of intellectual property rights in Japan.

What is the Intellectual Property System?
The intellectual property system is a mechanism to protect the results of intellectual creative activities, such as inventions and creations, as the property of the inventor/creator.

This is defined based on the Basic Act on Intellectual Property of Japan, and “intellectual property” includes the following:

-Inventions
-Utility models
-Designs
-Trademarks
-Copyrights
-Trade secrets, etc.

Additionally, “intellectual property rights” refer to the rights protected by law regarding these intellectual properties, such as patent rights and trademark rights.

Characteristics of Intellectual Property
Intellectual property is “information with property value,” unlike “objects.” Information is easily imitated and can be used by many people simultaneously, so without protection, the creator’s rights may not be adequately protected.

Therefore, the intellectual property system restricts the free use of creative works within socially necessary limits and protects the interests of creators.

Current Landscape of Intellectual Property Rights in Japan
The Japanese government is strengthening efforts to realize an “Intellectual Property Nation.”

An Intellectual Property Nation is a national strategy aiming for Japan to respect inventions and creations and position the creation of innovative value as the foundation of national growth.

It seeks to revitalize society as a whole by utilizing a wide range of intangible assets, not only traditional manufacturing but also technological innovation, design, branding, and even content fields such as music and movies.

By making intellectual property a pillar of economic growth, it is expected that Japan’s industrial base will become solid, international competitiveness will increase, and a prosperous society will be realized.

Types of Intellectual Property Rights
Intellectual property rights are broadly classified into two categories: “rights related to intellectual creations” and “rights related to business indicators.” Let’s take a closer look at the rights belonging to each category.

1. Rights Related to Intellectual Creations
Rights related to intellectual creations protect inventions, designs, creative works, etc., born from human creativity. Specifically, they include:

Patent Rights (Patent Act)
Rights to protect inventions, protected for 20 years from the application date (extendable to 25 years in some cases). This system protects technical ideas and new inventions.

Utility Model Rights (Utility Model Act)
Rights to protect devices such as the shape or structure of articles, protected for 10 years from the application date. It targets useful technical devices that are not as advanced as patents.

Design Rights (Design Act)
Rights to protect the design of articles, buildings, and images, protected for 25 years from the application date. It targets product designs and aesthetic appearances.

Copyrights (Copyright Act)
Rights to protect works such as literature, music, art, and programs. Protected for 70 years after the creator’s death, or 70 years after publication for corporations (70 years after publication for films).

Layout-Design Rights (Act on the Circuit Layout of Semiconductor Integrated Circuits)
Rights to protect the layout of semiconductor integrated circuits, protected for 10 years from registration. It targets circuit layouts that form the core of electronic devices.

Breeder’s Rights (Plant Variety Protection and Seed Act)
Rights to protect new plant varieties, protected for 25 years from registration, or 30 years for trees. It protects newly developed plant varieties.

Trade Secrets (Unfair Competition Prevention Act)
Rights to protect important information such as know-how and customer lists from unfair competition. It regulates theft and unauthorized use.

2. Rights Related to Business Indicators
Rights related to business indicators protect the identification of companies and products, ensuring reliability and brand value to customers. The following are representative examples of these rights:

Trademark Rights (Trademark Act)
Rights to protect marks (logos and brand names) used for goods and services, protected for 10 years from registration (renewable). It targets brands and logos, allowing customers to identify products and services of specific companies.

Trade Names (Commercial Code, etc.)
Rights to protect company names, targeting registered trade names. It ensures the right to use specific names by companies.

Indications of Goods (Unfair Competition Prevention Act)
Rights to regulate the unauthorized use of well-known trademarks, etc. It prevents unauthorized use of widely known trademarks and names.

Geographical Indications (GI, Act on Protection of the Names of Specific Agricultural, Forestry and Fishery Products and Foodstuffs)
Rights to protect product names with unique qualities or reputations produced in specific regions. It targets products evaluated based on geographical connections (e.g., wine, sake).

Conclusion
Intellectual property rights protect a company’s creativity and support its competitive advantage in the market. By protecting various forms of intellectual property such as patents, trademarks, and designs, companies can focus on innovative activities and provide reliability in their brands and products to customers.
In Japan, the government is also promoting the “Intellectual Property Nation” strategy, positioning intellectual property as the foundation of economic growth and strengthening protection in various fields. By utilizing the expertise of patent attorneys, companies can minimize risks and maximize the value of their intellectual property. For inquiries about intellectual property rights, please feel free to contact SK IP law firm.