 
  WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/JPN/C/3 
IP/N/1/JPN/I/3 25 March 2004 
 
(04-1362) 
Council for Trade-Related Aspects of Intellectual Property Original:   English/ 
 anglais/  inglés 
 
 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
 
JAPAN 
 
  The present document reproduces the text
1 of the Basic Law on Intellectual Property Law 
(Law No. 122 of 2002), as notified by Japan under Article 63.2 of the Agreement (see document IP/N/1/JPN/2).  
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
JAPON 
 
 
 Le présent document contient le texte1 de la Loi fondamentale sur la propriété intellectuelle 
(loi n° 122 de 2002), notifié par le Japon au titre de  l'article 63:2 de l'Accord (voir le document 
IP/N/1/JPN/2). 
 
 Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
JAPÓN 
  
 En el presente documento se reproduce el texto
1 de la Ley Básica de Propiedad Intelectual 
(Ley Nº 122 de 2002), que el Japón ha notificado en  virtud del párrafo 2 del artículo 63 del Acuerdo 
(véase el documento IP/N/1/JPN/2). 
                                                      
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/JPN/C/3 
IP/N/1/JPN/I/3 Page 2 
 
 
  
Basic Law on Intellectual Pr operty (Law No.122 of 2002) 
(Provisional Translation) 
 
Table of Contents  
Chapter I  General Provisions (Articles 1 to 11) 
Chapter II  Basic Measur es (Articles 12 to 22) 
Chapter III  Promotion Program on Creation, Pr otection and Exploitati on of Intellectual 
Property (Article 23) 
Chapter IV Intellectual Property Poli cy Headquarters (A rticles 24 to 33) 
Supplementary Provisions   
Chapter I  General Provisions 
 
(Purpose) 
Article 1. The purpose of this Law shall be, for the objectiv e of realizing a dynamic economy 
and society that is based on the creation of  added values through the creation of new 
intellectual property and effectiv e exploitation of such intell ectual property in light of a 
growing necessity for intensifying the international competitiveness of Japanese industry in response to the changes in the social and economic situations at home and abroad, to promote measures for the creation, protection and exploita tion of intellectual property in a focused and 
planned manner by stipulating th e basic ideas on the creation, pr otection and exploitation of 
intellectual property and the basic measures  to achieve the ideas, clarifying the 
responsibilities of the St ate, local governments,  universities, etc. and business enterprises, 
establishing the Intellectual Property Policy Hea dquarters, and providing stipulations on the 
development of a promotion program on the creation, protection and exploitation of 
intellectual property.    (Definition) Article 2. As used in this Law, “intellectual property” refers to inventions, devices, new 
varieties of plants, designs, works and othe r property that is produced through creative 
activities by human beings (inc luding discovered or solved laws of nature or natural 
phenomena that are industrially applicable), trademarks, trade names and other marks that are 
used to indicate goods or services in business ac tivities, and trade secrets and other technical 
or business information that is useful for business activities.  
2. As used in this Law, an “intellectual propert y right” refers to a patent right, a utility model 
right, a plant breeder’s right, a design right, a copyright, a right  that is stipulated by law on 
other intellectual property or right concerning an interest that is protected by law.  
3. As used in this Law, “universities, etc.” refers to universities and colleges of technology 
(universities and colleges of technology set fo rth in Article 1 of the School Education Law 
[Law No. 26 of 1947]; also appl icable in Article 7(3) of this  Law), inter-university research 
institutions (inter-university re search institutions set forth in Article 9bis(1) of National 
School Establishment Law [Law No. 150 of 1949] ), independent administrative institutions 
(independent administrativ e institutions set forth in Artic le 2(1) of the Law on General 
Principles Concerning Independent  Administrative Institutions  [Law No. 103 of 1999]; also 
applicable in Article 30(1) of this Law) th at are engaged in experiment and research  IP/N/1/JPN/C/3 
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 activities, public corporations  (corporations directly establ ished by a law or corporations 
specially established by a special law, to which the provision of  Article 4(15) of the Law on 
Establishment of the Ministry of Public  Management, Home Affairs, Posts and 
Telecommunications [Law No.91 of 1999] are appli cable; also applicable in Article 30(1) of 
this Law) that are designed for Research a nd Development, and expe riment and research 
institutions that belong to th e State and local governments.  
 (Sound development of the national ec onomy and creation of rich culture) 
Article 3. Measures for the creation, protection a nd exploitation of intelle ctual property shall 
be promoted with the objective of  realizing a society in which the public can enjoy the benefit 
of intellectual property and es tablishing a foundation for the creation of new intellectual 
property in the future, thereby contributi ng to the sound development of the national 
economy and the creation of rich culture, thro ugh developing an essential environment to 
develop human resources that are rich in crea tivity, effectively exercise such creativity, 
achieve prompt and appropriate protection of in tellectual property in response to the progress 
in technical innovation at home and abroad, actively exploit intellectual property in the 
economy and society, and utilize its value to the maximum.  
 (Intensification of the international competitiveness and sustainable development of Japanese industry ) Article 4. Measures for the creation, protection a nd exploitation of intelle ctual property shall 
be promoted with the objective of achieving an in tensification of the technical capabilities of 
Japanese industry and the revitalization of th e industry, the activation of the local economy, 
and an increase in job opportunities, thereby contributing to the in tensification of the 
international competitiveness of Japanese industr y and a sustainable development of Japanese 
industry that precisely responds  to the changes in the econo mic environment at home and 
abroad, through encouraging smooth transfer of the results of creative Research and 
Development into commercial use and promoting the development of new business fields, management innovation and business startups, all of which are based on intellectual property.  
 
(Responsibilities of the State) 
Article 5. The State shall have the responsibil ity for formulating and implementing measures 
for the creation, protection and exploitation of intellectual property in accordance with the 
basic ideas on the creation, protection and exploita tion of intellectual property set forth in the 
provisions of the preceding two articles (hereina fter referred to as the "basic ideas").  
 (Responsibilities of local governments) Article 6. Local governments shall have the re sponsibility for formulating and implementing 
autonomous measures that reflect distinctive features of the territories of  the relevant local 
governments with regard to the creation, protec tion and exploitation of intellectual property 
in accordance with the basic ideas, by appr opriately sharing roles with the State.  
 (Responsibilities of universities, etc.) 
Article 7. Universities, etc. shall, considering that their activities are to contribute to the 
creation of intellectual property in the whole so ciety, make voluntary an d positive efforts to 
develop human resources, carry out research  and diffuse the research results.   IP/N/1/JPN/C/3 
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 2. Universities, etc. shall make efforts to assu re proper treatment of re searchers and engineers 
and to establish and improve re search facilities so that the job contents and working 
conditions of such researcher s and engineers will  be attractive and suitable for their 
importance.  3. In formulating and implementing measures fo r the creation, protection and exploitation of 
intellectual property that  involve universities, colleges of  technology and in ter-university 
research institutions, the State and local govern ments shall respect rese archers’ independence 
and pay attention to the characteristics of the research that is carried out at universities, colleges of technology and inter-unive rsity research institutions.  
 (Responsibilities of business enterprises) Article 8. In light of the importance of the role that intellectual property plays in the development of Japanese industry, business ente rprises shall, in acco rdance with the basic 
ideas, make efforts for positive exploitation of the intellectual property that is created by themselves or by other business enterprises and th e intellectual property that is created by 
universities, etc. as well as for proper manageme nt of their own intellectual property in order 
to increase their productivity and reinfo rce their business foundation through vigorous 
business activities.  2. Business enterprises shall make efforts to a ssure proper treatment of inventors and other 
employees who are engaged in creative activities so that the job contents of such inventors 
and other employees who are engaged in creative activities will be attractive and suitable for their importance.   (Strengthening of cooperation) Article 9. The State shall, considering that mutual cooperation and collaboration between the 
State, local governments, universities, etc. a nd business enterprises can effectively achieve 
the creation, protection and expl oitation of intellectual property, take necessary measures to 
strengthen cooperation between these parties.   (Attention for promoting competition) 
Article 10. In promoting measures for the crea tion, protection and exploi tation of intellectual 
property, attention shall be paid to secure th e fair use of intellect ual property and public 
interests and to promote fair and free competition.   (Legal measures, etc.) Article 11. The government shall take the legal, fi scal and other actions that are necessary for 
implementing measures on the cr eation, protection and exploitati on of intellectual property.  
 
Chapter II  Basic Measures 
 
(Promotion of Research and Development) Article 12. Considering that the creation of  high-value added intellectual property at 
universities, etc. is a sour ce of sustainable development for the Japanese economy and 
society, the State shall take ne cessary measures to promote Re search and Development, such 
as securing and developing researchers rich in  creativity, improving research facilities, and 
making effective use of Research and Devel opment funding, while paying attention to the  IP/N/1/JPN/C/3 
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 policy on the advancement of sc ience and technology stipulated in Article 2 of the Basic Law 
on Science and Technology (Law No. 130 of 1995).   (Promotion of transfer of Research and Development results, etc.) Article 13. Considering that Research and Deve lopment results achieve d by universities, etc. 
are useful for the development of new busines s fields and the improvement of industrial 
technology, the State shall take necessary measures  to encourage universities, etc. to properly 
manage their Research and Development results and smoothly transfer th e results to business 
enterprises, such as improving systems in univers ities, etc. to utilize human resources that 
have technical knowledge on intellectual property, improving such proceedings as 
registration for establishment on intellectual property, carrying out market research and 
surveys and providing market information.   (Prompt granting of right, etc.) Article 14. The State shall take  necessary measures, such as improving the examination 
systems to enable the necessary procedures to be promptly and properly carried out so that 
business enterprises will be ab le to smoothly carry out their business activities by promptly 
obtaining definite rights with respect to intell ectual property for which a right is established 
on the basis of such national registrations, as in ventions, new varieties of  plants, designs, and 
trademarks.  2. In taking the measures mentioned in the prece ding clause, the State shall make efforts to 
obtain the understanding and cooperation of busi ness enterprises for the purpose of ensuring 
effective implementation of such measures.  
 (Effective and prompt legal proceedings, etc.) Article 15. Considering that the judicial aut horities will play more important role in 
protecting intellectual propert y rights along with advancem ent in the exploitation of 
intellectual property in the economy and society, the State shall take necessary measures to 
ensure more effective and prompt legal procee dings, improve technical resolution systems at 
court and reinforce alternative dispute resolu tion systems, with regard to lawsuits on 
intellectual property rights.  
 (Measures against infringement of right, etc.) Article 16. The State shall take necessary measures against infringements of intellectual property rights in the domestic market and against importation of the products that infringe intellectual property rights into the domestic ma rket, such as controll ing such infringements 
of intellectual property right s and forfeiting the infringing products, in a close cooperation 
and collaboration with business enterprises, business associations a nd other associations 
concerned.  2. Where intellectual property owned by juridical  persons and other a ssociations that are 
established under Japanese laws or by persons who have Japanese nationality (hereinafter 
called “Japanese juridical persons, etc.”; also a pplicable in the next ar ticle) is not properly 
protected in a foreign country, the State shall take necessary measures, such as achieving 
proper enforcement of rights under intellectual pr operty-related treaties, in cooperation with 
the government of the foreign country concerned,  international organiza tions and associations 
concerned, according to  the situation.  
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 (Establishment of international systems, etc.) 
Article 17. The State shall make efforts to establish intellectual pr operty-related systems that 
are internationally consistent in collabora tion with governments of other countries by 
cooperating intellectual property -related internationa l organizations and other international 
frameworks, and shall take nece ssary measures to develop an environment in which Japanese 
juridical persons, etc. can promptly and certain ly obtain or enforce in tellectual property rights 
in countries or regions wher e an intellectual pr operty protection system has yet to be 
sufficiently developed.   (Protection of intellectual pr operty in new fields, etc.) 
Article 18. Considering that cr eation of new busine sses will be expected through active 
business startups when useful Research and Development results are promptly and properly 
protected as intellectual property rights in th e fields, such as life sciences, where outstanding 
progress of technological innovation is seen, the State shall take necessary measures, such as 
taking legal measures on the basis of an examin ation of the scope of rights that need proper 
protection.  2. The State shall take necessary measures, su ch as reviewing the contents of rights and 
supporting business enterprises in developing  and utilizing their technical means for 
protection, in order to achieve proper protection of intellectual property rights while precisely 
responding to the diversified app lications of intellect ual property along with the spread of the 
Internet and other changes in so cial and economic circumstances.  
 (Development of an environment in which busin ess enterprises can effectively and properly 
exploit intellectual property) Article 19. The State shall take  necessary measures to deve lop an environment in which 
business enterprises can effectively and prope rly exploit intellectua l property, such as 
establishing methods for approp riate evaluation of intellectual property  and setting forth 
management guidelines that will be helpful exam ples for business enterprises, in order to 
enable business enterprises to start up ne w businesses and smoothly carry out these 
businesses by exploitation of intellectual property.  
2. In taking the measures mentioned in the pr eceding clause, the Stat e shall specially reck 
business startups by individuals and the de velopment of new businesses by Small and 
Medium Enterprises with volition, considering th e fact that Small Medium Enterprises are 
entrusted with an important mission for main taining and strengthening the vitality of the 
Japanese economy.   (Provision of information) Article 20. The State shall conduct research and analysis on domes tic and international trends 
concerning intellectual property, prepare necessary statistics an d other data, develop 
databases on intellectual property, and take  necessary measures to promptly provide 
information for business enterprises, universi ties, etc. and other pa rties concerned through 
access to the Internet and other advanced in formation and telecommunications networks.  
 (Promotion of education, etc.) Article 21. The State shall take the necessary measures to promote e ducation and learning on 
intellectual property and provide  knowledge on intellectual pr operty through public relations  IP/N/1/JPN/C/3 
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 activities, etc. in order to deve lop a society in which intellectu al property rights are respected, 
through making the public more aware of and deepen ing its interest in in tellectual property.  
 (Securing human resources, etc.) Article 22. The State shall take necessary meas ures to promote the creation, protection and 
exploitation of intellectual property, such as  securing and developing human resources that 
have technical knowledge on intellectual property and improving their quality in close cooperation and collaboration with universi ties, etc. and business enterprises.  
 
Chapter III  Promotion Program on the C reation, Protection and Exploitation of 
Intellectual Property 
 
Article 23. The Intellectual Property Policy H eadquarters shall develop a promotion program 
according to the provisions in this Chapter.  2. The following matters shall be deci ded within the promotion program:  
(i) Basic policy concerning measures that th e government should implement in a focused and 
planned manner for the creation, protection a nd exploitation of intellectual property;  
(ii) Measures that the government should impl ement in a focused and planned manner for the 
creation, protection and exploita tion of intellectual property; 
(iii) Measures that the government should im plement in a focused and planned manner to 
promote education and learning on intellectual property and secure human resources, etc. 
(iv) Matters other than those stipulated in the preceding clauses that are required for the 
government to promote measures in a focused and planned manner for the creation, protection and exploitation of intellectual property. 
3. The specific objectives and time limits for acco mplishment of these objectives shall be, in 
principle, decided for the measures determ ined within the promotion program.   
4. When the Intellectual Property Policy Hea dquarters develops the promotion program 
pursuant to Clause 1, it shall pub lish the program via the Internet  and other appropriate means 
without delay.   5. The Intellectual Property Policy Headqua rters shall investigate the accomplishment 
circumstances of the objectives set forth in th e provision of Clause 3 and publish the results 
via the Internet and other appropr iate means in a timely manner. 
6. The Intellectual Property Policy Headquarters sha ll, in light of the changes in the situation 
surrounding intellectual property and based on the evaluation of the effect of the measures for 
the creation, protection and exploitation of intellectual property, review the promotion 
program at least annually and amend the program  if it considers such amendment necessary.  
7. The provision of Clause 4 shall apply mutatis  mutandis to amendments to the promotion 
program.   
Chapter IV  Intellectual Pr operty Policy Headquarters  
 
(Establishment) Article 24. In order to promote measures for the creation, protecti on and exploitation of 
intellectual property in a focu sed and planned manner, the Intellectual Property Policy 
Headquarters (hereinafter refe rred to as the "Headquarters") shall be established in the 
Cabinet.   IP/N/1/JPN/C/3 
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 (Operations within the jurisd iction of the Headquarters) 
Article 25. The Headquarters shall have jurisdiction over the following operations: 
(i) Development of a promotion program (h ereinafter referred to as the "promotion 
program"), and promotion of the implementation of such program; and  (ii) Besides those mentioned in the preceding clause, inve stigation and deliberation on 
planning important measures on the creation, protection and exploita tion of intellectual 
property, and promotion and compre hensive adjustment of implem entation of such measures.  
 (Organization) Article 26. The Headquarters sh all be organized to consist of  the Director-General of the 
Intellectual Property Policy Headquarters, the Vice Director-Generals of the Intellectual Property Policy Headquarters, and Members of the Intellectual Propert y Policy Headquarters. 
 (Director-General of the Intellect ual Property Policy Headquarters) 
Article 27. The Headquarters shall be headed by the Director-General of the Intellectual 
Property Policy Headquarters (hereinafter refe rred to as the "Director-General"), the post 
which shall be served by the Prime Minister.  2. The Director-General shall be in charge of  general coordination of  the operations of the 
Headquarters, and shall direct and su pervise the relevant officials.  
 (Vice Director-Generals of the Intellectual Property Policy Headquarters) 
Article 28. The Vice Director-G enerals of the Intellectual Property Policy Headquarters 
(hereinafter referred to as the "Vice Dire ctor-Generals") shall be assigned in the 
Headquarters, the posts which shall be served by State Ministers.  
2. The Vice Director-Generals shall assist  the duties of the Director-General. 
 (Members of the Intellectual Property Policy Headquarters) 
Article 29. Members of the Intellectual Property Policy Headquarters (hereinafter referred to 
as the "Members") shall be a ssigned in the Headquarters.  
2. The posts of the Members shall be  served by the following persons: 
(i) all State Ministers other than the Direct or-General and Vice Director-Generals; and  
(ii) those having superior insights into the cr eation, protection and exploitation of intellectual 
property who have been appoint ed by the Prime Minister.  
 (Submission of materials and other forms of cooperation) 
Article 30. The Headquarters may, if it consid ers it necessary for implementing operations 
under its jurisdiction, demand submi ssion of materials, statements of views, explanations and 
other required cooperation from the heads of the administrative organs concerned, local 
governments and independent administrative institutions and the representatives of public corporations.  2. The Headquarters may also demand required c ooperation from parties other than those set 
forth in the preceding clause, if it consid ers it especially necessary for implementing 
operations under its jurisdiction.       IP/N/1/JPN/C/3 
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 (Operations) 
Article 31. Operations concerning the Headquart ers shall be processed within the Cabinet 
Secretariat and administered by the Assi stant Deputy Chief Cabinet Secretary under 
commission.   (Competent Minister) Article 32. The competent Minister as set fort h in the Cabinet Law (Law No.5 of 1947) for 
matters related to the Headquarters shall be the Prime Minister.   (Authorization to Cabinet Orders) Article 33. Necessary matters concerning the Hea dquarters other than those set forth in this 
Law shall be stipulated by Cabinet Orders.   Supplementary Provisions  (Date of enforcement) Article 1. This Law shall enter into force on the date stipulated by a Cabinet Order within three months from the date of publication.   (Review) Article 2. The government shall review the execu tion status of this Law within three years 
after it enters into force, and shall implem ent required measures based on the results.  
 
 
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