15 Years for the Intellectual Property Strategy Headquarters

 ■15 Years for the Intellectual Property Strategy Headquarters

I would like to share notes from the talk I gave as part of a project by “Jurist” magazine.

○Recent Developments for the Intellectual Property Strategy Headquarters

・The Ministry of Economy, Trade, and Industry; the Agency for Cultural Affairs; and the Ministry of Public Management, Home Affairs, Posts, and Telecommunications had been central for the content and Cool Japan policies, and there had been a rather passive stance being shown, but nearly 10 ministries and agencies, including the Ministry of Land, Infrastructure, Transport, and Tourism; the Ministry of Foreign Affairs; and the Ministry of Agriculture, Forestry, and Fisheries, are now part of the discussions, and each takes action proactively and progressively.

・The fields of content and industry had been separated, but there is a discussion to consolidate the fields, as the handling of data is the key battlefield during the Fourth Industrial Revolution involving AI.

・Measures to combat piracy and computerize education are representative actions, but the connection between intellectual property policy and IT policy is gaining importance.

○Results and Evaluation of Intellectual Property Strategies

・In the past few years, systematic adaptation has also been advanced in the field of content, such as through the revision of the Copyright Act and systematic implementation of digital textbooks.

・Support measures, such as the Cool Japan system, have been enhanced, and policy tools have been prepared. Results of overseas expansion of content are being demonstrated through statistics.

・Especially in the field of content, the main task was to adapt to significant changes to the environment as a result of “digitalization” through computers and the internet since roughly 20 years ago, “smartization” through smartphones and social media since 10 years ago, and recent “super-smartization” through AI and IoT.

・The last few decades involved catching up with the United States, which was the front-runner, but the environment has become more difficult, with China also emerging as a leader.

○Intellectual Property Strategies for Companies

・Intellectual property strategies serve as the core of management strategy for companies, such as those in the content industry, for whom intellectual property is the foundation of their corporate resources. However, it is doubtful whether intellectual property strategies are put first at general companies.

・It is thought that the perception depends on how much management values intellectual property strategies compared to other elements such as manufacturing, sales, finance, and human resources.

・This also applies to politics and the government. It cannot be said that intellectual property is treated with as much significance as agriculture and manufacturing, such as during TPP negotiations. Perhaps the priorities and awareness of how Japan will continue to eat in the future have not been shared with the entire country.

○Recent Changes to the Intellectual Property Environment

・Interest in intellectual property has risen, and recognition of its importance has been solidified. People are also aware that Japan has been stagnant due to the handling of patents and copyrights. Therefore, the importance of all professionals acquiring skills related to intellectual property, rather than producing specialists, is gaining importance.

・Discussions focused on the domestic market have shifted their focus to overseas development. Considering economic stagnation in the recent past and the decreasing birth rate and aging population moving forward, intellectual property strategies aimed at the foreign market has become a central issue. The field of content has gone through another cycle, and inbound strategies linked to tourism and food have become the main focus.

○Content Strategies

・The Intellectual Property Strategy Headquarters has promoted the systematic implementation of digital textbooks and the computerization of education as content policies. It is a positive development that the systematic implementation of digital textbooks and the establishment of related copyright laws were realized by the previous Diet.

・This points to the fact that content is being viewed from a wider perspective that includes cultural and social policy including education, in addition to industrial policy. In addition, this project is carried out in conjunction with the establishment of IT infrastructure at schools and requires coordination between intellectual property policy and IT policy.

・Countermeasures against pirated sites have been a recent point of focus, and the appropriateness of a method called blocking is attracting attention from society. In this instance, the intellectual property policy related to copyrights is clashing with the IT policy related to the secrecy of communication, and intellectual property policy cannot produce a solution on its own. Instances that require cooperation and adjustment with IT policy and other policy fields are increasing.

○Tasks for the Intellectual Property Strategy Headquarters

・3 tasks can be envisioned.

・As illustrated by countermeasures against piracy, the linkage and merger of intellectual property policy and IT policy are important. This also suggests the need to reorganize ministries and agencies.

・In 2020, 50 years would have passed since the establishment of the Copyright Act. It has somehow gotten by to this point, but it is too difficult to handle, considering that it is a system that even elementary school students should know. This may be an opportunity to re-examine it fundamentally.

・Through the above, it is important to increase the priority of intellectual property policy. By all means, I would like to move forward with the intellectual property based nation that Mr. Arai advocated for.