Patent Protection Issue Involving U.S and Japan

" Conversely, when the question is viewed from a Nipponese perspective, the answer go away almost always be "yes." unembellished infringement, if it occurs in Japan, is not the undefended type often instal in countries such(prenominal) as Brazil and Taiwan. In those countries, for example, the outcome of specific American products is often prohibited, while local copies argon produced and marketed at much lower prices than those demanded for their American counterparts.4 In such instances, American ostensibles are simply ignored. Cases in Japan where patent infringement is charged, however, are far more complicated and subtle.

inherent the differences in the patent honors of the United States and Japan are the philosophical differences between the two countries in the ways in which they show up the conduct of industrial businessthe industrial policies of the countries.

American industrial policy, unlike that of Japan's or Germany's,

is mostly uncoordinated, and is often shrouded in rhetoric

to screen its true character. By contrast, industrial

policy in Japan and Germany is overt and recognizable as such.

In both Japan and Germany, giving medication is an active partner along

with industry and finance in the coordination of industrial

planning. A coordinated plan is developed and implemented to

Ristelheuber, R.

"Confirm 030 Redesign Effort." Electronic News, 16 July 1990, 1, 34.

3. Do not file patents in Japan, unless the company withal has a comprehensive and aggressive marketing, sales, and service strategy for execution in Japan. Without a comprehensive and aggressive strategy, the engineering will be exploited by a Japanese firm.

law permits the claim to patent on "very minor variations from real technology."10 In the United States, only an essential technology is subject to patent. Thus, in Japan, a competitor may trespass on another's innovation through the patent of some preferably minor modification to the technology. In the United States, such an put through would be regarded as an infringement of the original patent.

goals. This type of coordination and

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