1. Protection of Intellectual Property Rights
The protection of Intellectual Property Rights, or IPR, is one of the major global concerns.
IPR issues vary from harmonisation and quality to enforcement. Particularly high on the Japan-EU agenda are counterfeiting and piracy. Counterfeiting and piracy weaken the motivation for innovation and creativity, and undermine competitiveness. They might also threaten the health and safety of consumers. Fake Gucci bags or songs of Britney Spears copied without licence are few examples.
In the year 2005, Japanese Customs seized more than one million counterfeit and pirated goods. In the same year, EU Customs seized more than 75 million such articles. The damage has been increasing as more sophisticated technology has become readily available and distribution has become easier, by a wide usage of the internet, for example.
Against such a background, at the 2006 G8 Summit, the leaders adopted a statement on “Combating IPR Piracy and Counterfeiting”. It gave priority to such actions as (i) promoting and upholding laws, regulations and/or procedures to strengthen IPR enforcement, (ii) raising awareness in civil society and in the business community of legal ways to protect and enforce IPR and of the threats of piracy and counterfeiting, and (iii) providing technical assistance in that area to developing countries. The leaders also agreed that close cooperation between law enforcement agencies, including customs authorities, is of great importance.
2. Efforts in Japan and the EU
Both Japan and the EU have been actively engaged in IPR protection and enforcement.
(1) Japan
In Japan, with the economic recession continuing after the collapse of the so-called bubble economy, awareness has been widely shared since the late 1990s, that Japan should take nationwide measures to create, protect, and use intellectual property so as to revitalise its economy.
Prime Minister Koizumi, in his policy speech at the Diet in February 2002, set a national goal to strategically protect, and utilise, the results of research activities and creative endeavours as intellectual properties, and to enhance the international competitiveness of Japanese industries. His speech was followed by the establishment of the Strategic Council on Intellectual Property in March 2002, and the Intellectual Property Policy Headquarters in the Cabinet in March 2003. One of the noteworthy developments the Headquarters promoted is the establishment in April 2005 of the IP High Court, with a view to reinforcing the dispute resolution function, and to proclaiming the national policy that intellectual property was one of the top priorities.
The “Intellectual Property Strategic Program 2006”, announced by the Headquarters in June 2006, is to promote such actions as (i) achieving early adoption of an international Treaty on the Non-proliferation of counterfeit and pirated goods; (ii) strengthening measures against, and cooperation with, countries and regions where infringements have been exposed; (iii) reinforcing countermeasures in foreign markets through cooperation with the United States and Europe; (iv) tightening regulations at the national borders, and in the country; and (v) strengthening cooperation between public and private sectors.
(2) The EU
The EU, on its part, set a strategic goal in 2000 to become “the most competitive and dynamic knowledge-based economy in the world capable of sustainable economic growth with more and better jobs and greater social cohesion”.
In 2005, the EU presented an Action Plan to combat counterfeiting and piracy. In order for Customs to tackle counterfeit and pirated goods more effectively, for example, the Action Plan sets forth a package of measures to (i) increase Community level protection through improved legislation and operational controls; (ii) strengthen the customs/business partnership; and (iii) reinforce international cooperation in this area.
3. Japan-EU Cooperation
Japan and the EU have been engaged in various cooperation on the counterfeiting and piracy issue.
The 2004 Japan-EU Summit adopted the “Japan-EU Joint Initiative for the Enforcement of IPR in Asia”. This initiative was to strengthen our cooperation for combating counterfeiting and piracy goods in Asia. It focused on, among others, (i) closely following-up Asian countries’ progress in the fight against counterfeiting and piracy, and (ii) exchanging information on technical cooperation projects. Subsequently in October in the same year, an EU-Japan IP Seminar was held in China.
In October 2006, in support of the EC’s approach on IPR enforcement in the WTO Council of the TRIPs (Agreement on Trade-Related Aspects of Intellectual Property Rights), Japan, together with the EC, the US and Switzerland, presented a Joint Communication on IPR enforcement to the TRIPs Council. The purpose of this communication is to anchor the enforcement issue in the TRIPs Council debate and serve as a basis for further substantive discussions.
Japan-EU cooperation in IPR protection and enforcement is also active at the business level. In February 2005, senior representatives from the US Chamber of Commerce, the IPR Protection Forum from Japan, UNICE, and the International Chamber of Commerce met in Brussels to discuss how they could work closely together to address the growing global threat of counterfeiting, piracy and IPR violations. Announcing a declaration, they agreed to join efforts to further cooperate and develop coordinated actions to address this issue.