Japanese version of the Bayh-Dole system (Article 17 of the Industrial Technology Enhancement Act)

In the United States, against the backdrop of the decline in the international competitiveness of the U.S. economy in the late 1970s, the Bayh-Dole Act was enacted in 1980 with the basic principle that ”* In order to promote the commercialization of inventions resulting from government-funded research and development, patent rights and other rights resulting from government-funded research and development shall belong to private companies, etc.”. The law was enacted to accelerate technological development by companies. This accelerated technological development by companies, etc., and new venture companies were born, and U.S. industry is said to have regained its competitiveness. In Japan, the ownership of patent rights, etc. derived from government-funded research and development has traditionally been the property of the national government. In response, the Industrial Competitiveness Enhancement Measures formulated in 1999 (decided by the Government’s Headquarters for Industrial Restructuring and Employment Measures) proposed the following: “In order to increase incentives for developers and promote the dissemination of government-funded R&D results, we have adopted a measure to vest intellectual property rights related to government-funded R&D in the developer, with reference to the Buy-Deal Act in the U.S., so that the developer will be entitled to the benefit of the intellectual property rights. The decision was made to this effect. The decision was made to this effect. In response to this decision, the so-called Japanese version of the Bayh-Dole system was established under Article 30 of the Act on Special Measures for Industrial Revitalization and Industrial Innovation (Act No. 131 of 1999). Japanese version of the Bayh-Dole system (Article 17 of the Industrial Technology Enhancement Act) (METI/Ministry of Economy, Trade and Industry)


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