Japan taking the lead with the Next Generation Intellectual Property System

The Next Generation Intellectual Property System committee had a meeting. Our agenda covered fair-use, AI, 3D printing, and databases. We also discussed how Japan can take the world lead.

The committee reached a basic consensus on the purpose of the Next Generation Intellectual Property System, which is ”to utilize digital and network technologies such as IoT, big data, and AI, to the fullest in order promote new businesses and innovation, leading to the development of new cultures for the benefit of society.”

On the subject of creative work by AIs, we reached a consensus on reviewing safety plans and platform measures, and with Japan as the world leader in this field, communicating our discussion overseas.

For the issue of cross-border copyright violations, the committee has come to a consensus on proceeding with legal action against the leech sites. We also plan to take measures concerning online advertisements. There will be a collaboration with the platforms in order to increase the effectiveness of our countermeasures.

As for digitization and its structure, we have examined extended collective licensing, flexible rights and restrictions systems, and other measures such as the US's fair use laws and the UK's fair dealing laws, for the purpose of creating a new system.

However, we had trouble coming to the consensus regarding a flexible rights and restrictions system for copyright. Our course of action is to work out an “early legal reform,” but the workings of the reform and how soon it can be implemented is still unknown. This solution is a difficult one to work with because it involves not only the government but also the National Diet.

Regarding the implementation of a rights and restrictions system, we have incorporated the establishment of guidelines. This is a very important factor.

The cabinet minister in charge does not demonstrate their interpretation of the Copyright Act. If there are doubts concerning the law, then a lawsuit must be filed. However, if the administration has a set of guidelines to refer to, it will be easier to determine what is legal and what is not. We believe that these guidelines should be formed by a team made up of specialists, members of the administration, and members of the judiciary system.

Another important point was brought up in the last sentence of the report.

The Copyright Act was brought into force almost 50 years ago. The report is ended with, "In order to create a copyright system for the new generation, we anticipate a substantial review of the act," hinting at a full-scale revision of the 50-year old act.

I gave a brief address at the end of the meeting.

"I took a look at the list of members before this meeting and was filled with a hope that we could really make strides, as well as a fear about whether or not we reach a consensus. In the end, I was right to feel both emotions.

The government has never tackled the issues of AI, 3D, and biodato to this extent before, and our discussion puts us at the forefront of the international community. It is extremely valuable that for the first time in 50 years, we have shown a clear intention to review the system for the next generation. However, this is only the first step on a long journey. Our next task is to make our results known both home and abroad."