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Naoki Yoshida Sumiko Kobayashi 2014 AIPLA Mid-Winter Institute IP Practice in Japan Committee Pre-Meeting.

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Presentation on theme: "Naoki Yoshida Sumiko Kobayashi 2014 AIPLA Mid-Winter Institute IP Practice in Japan Committee Pre-Meeting."— Presentation transcript:

1 Naoki Yoshida Sumiko Kobayashi 2014 AIPLA Mid-Winter Institute IP Practice in Japan Committee Pre-Meeting

2 The U.S. Trade Representative (USTR) and its foreign counterparts reportedly entered into an agreement to keep TPP negotiation classified USTR established the Industry Trade Advisory Committee on IP Rights (ITAC-15), a select group of representative from industry, business, and other private sector interests to assist USTR in developing the USs IP negotiating position Members from GE Aviation, Entertainment Software Association, Gilead Sciences, Inc., Cisco Systems, Inc., Yahoo! Inc., Infectious Disease Research Institute, Copyright Clearance Center, Mylan Inc., etc.

3 USTR maintains complete secrecy in substantive communications with ITAC-15, including recommendations made by ITAC-15

4 IP News Agencys suit against USTR to release TPP related documents Legislation to grant the President a fast-track authority to enact TPP

5 Intellectual Property Watch, a nonprofit news agency, submitted a Freedom of Information Act (FOIA) request to USTR, and sought certain records relating to TPP USTR refused, stating that requested documents are exempt from disclosure under FOIA because they are classified per an Executive Order that relates to national security information and are withheld based on deliberative process privilege under FOIA exemption On December 18, 2013, IP Watch sued USTR in a district court in NY to compel the release of more documents relating to TPP

6 Sen. Max Baucus, Sen. Orrin Hatch (R.), and Rep. Dave Camp (R.) introduced Bipartisan Congressional Trade Priorities Act of 2014, a bill to renew Presidents fast- track negotiation authority, on January 9, 2014 Bipartisan? Rep. Sander Levin (D.) is opposing the bill and may propose a different bill Currently U.S. is negotiating two trade deals TPP and the Trans-Atlantic Free Trade Agreement, a pact with the European Union This is not something new in trade negotiations – the General Agreement on Tariffs and Trade (GATT), the South Korea – United States Free Trade Agreement, etc.

7 This fast-track bill empower the President to sign a trade pact before Congress votes on it When the President submits a fast-track bill to Congress, the bill must be introduced in the House and the Senate immediately The bill cannot be amended House and Senate must vote within a limited time period – Limited debate time and no filibustering allowed Congress has less than 90 days to vote 19 U.S. Code § 2191

8 Cabinet is responsible for TPP negotiations and adopts the treaty Diet needs to approve the treaty Japanese Constitution Article 73 The cabinet, in addition to other general administrative functions, shall perform the following functions: Conclude treaties. However, it shall obtain prior or, depending on circumstances, subsequent approval of the diet

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10 WikiLeaks!!! WikiLeaks published a draft of negotiated text of the TPPs IP chapter on November 13, 2013 The draft is dated August 30, 2013 Credible? – So far many have not questioned

11 Lets look at how countries are voting with respect to some of the proposed provisions as of August 30, 2013 And make a wild guess if it will pass

12 Registrability of Sounds and Scents as Trademarks Art QQC FOR :9 countries incl. U.S. (4 countries incl. Japan are against the registrability of scents) AGAINST : 3 countries incl. Mexico How do you register a scent? Good chance of passing with respect to sounds

13 Plants and Animals as Patentable Subject Matter Art QQE1 3(a) FOR: U.S. AGAINST: 10 countries Japan did not take a position on this Not likely to pass

14 Diagnostic, Therapeutic, and Surgical Methods for the Treatment of Humans or Animals as Patentable Subject Matter Art QQE1 3(b) FOR: Only U.S. AGAINST: 11 countries incl. Japan Not likely to pass

15 Submission of Information or Evidence Concerning the Safety or Efficacy of a New Pharmaceutical Product More protection to a new pharmaceutical product Art QQE1 16 FOR:U.S. AGANST: 8 countries incl. Australia Three countries incl. Japan did not take a position May be an uphill battle for U.S. proposal

16 Term of Protection for Copyright (Arts QQG6- 7) US : Life of author +70 years, not less than 95 years from the first authorized publication of the work, or not less than 120 years from the creation of the work Others incl. Australia are FOR but in favor of shorter terms AGAINST: Six countries incl. Japan No idea what will pass

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18 Issues US v JP Open Completely agricultural market JP v US Disclose timing of removal of 2.5 % tariff to Japanese cars Schedule Multilateral Executive Conf. in February 2014?

19 Naoki Yoshida Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Shiroyama Trust Tower, 33rd Floor 3-1, Toranomon 4-chome Minato-ku, Tokyo Japan Tel: (81) Sumiko Kobayashi Abe, Ikubo & Katayama Fukuoka Building 9th Floor 2-Yaesu, Chuo-ku, Tokyo Telephone:


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