Japan

Country code: 

JP

Flag: 

Ownership rules: 

Default (statutory) regime for the ownership

Author / inventor / creator

Default (statutory) regime for employee’s creations

Employer

Ownership of research results in publicly sponsored research

None

Specific ownership rules for public HEIs/research organisations and possibility to modify it contractually

None

Specific ownership regime for students/ visiting researchers/doctoral students and possibility to modify it contractually

None

Related law (name & link)

Copyright Act of 1970, Articles 14 and 15

Patent Act of 1959, Articles 29(1), 35

Utility Model Act of 1959, Articles 3(1), 11(3)

Designs Act of 1959, Articles 3(1), 15(3)

Dissemination rules: 

Limitations on publication

None

Specific rules regarding publication of scientific results financed by public bodies

None

Non-disclosure clauses in research contracts

None

Specific incentives for innovation activities: 

Related Law (name & Link)

Information not available

Incentives provided by law for individual researchers

None

Related Law (name & Link)

Information not available

Incentives provided by HEI for researcher

None

Form of commercialisation: 

Form of commercialisation

Requirements regarding form of contract

Limitations for HEIs

HEIs Unit responsible for commercialisation

Related law (name & link)

Transfer / Licensing of copyright, patents, utility models, designs, trademarks

Written form; registration.

None

None

Copyright Act of 1970, Articles 26(2), 61, 63, 77

Patent Act of 1959, Articles 77, 78, 94, 98

Utility Model Act of 1959, Articles 18, 19, 26

Designs Act of 1959, Articles 27, 28, 36

Trademark Act of 1959, Articles 30, 31, 35

Revenue sharing: 

Remuneration/ Participation in revenues

Statutory rules regarding remuneration

Statutory rules regarding revenue sharing

Internal HEIs rules regarding revenue sharing

Related law (name & link)

Patents, Utility models, Designs

Where the employee vests the right to obtain a patent or the patent right for an employee invention in the employer, etc., or grants an exclusive license therefor to the employer, etc., the said employee shall have the right to receive reasonable value. Where no provision setting forth the value exists, or where it is recognized that the amount of the value to be paid is unreasonable, the amount of the value shall be determined by taking into consideration the amount of profit to be received by the employer, etc. from the invention, the employer, etc.'s burden, contribution, and treatment of the employee, etc. and any other circumstances relating to the invention.

None

None

Patent Act of 1959, Article 35

Utility Model Act of 1959, Article 11(3)

Designs Act of 1959, Article 15(3)

Models of contracts used in R&D: 

Type of contracts

Short description

Source (link)

Information not available