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Basic Idea on Intellectual Property

1. Purpose

JAMSTEC has been operated to raise the marine scientific/technological level and to put the results of the basic research and development of marine sciences to practical use by systematically integrating the marine fundamental research/development, and coordination of the marine academic researches. Its business range is designated as "to proliferate the results and to promote the utilization of the marine fundamental research/development".

In order to activate JAMSTEC as the central organization of the marine science and technology in Japan and worldwide, it is essential for JAMSTEC to create the marine “knowledge” continuously and to diffuse it to let it use for the development of the society and economics. JAMSTEC retains excellent research/development capability by outstanding personnel and topnotch technology at the same time. JAMSTEC is going to publish the results of the pioneering research/development activity in a form of intellectual property rights to allow the practical use of the results by the industry and other organizations. Accordingly, “Basic Idea on Intellectual Properties” was settled as the mission of organization.

2. Duty of JAMSTEC

JAMSTEC has a duty to complete the following activity based on "Intellectual Property Basic Law".

  1. JAMSTEC is an organization to contribute to create the intellectual property in the society as a whole. Accordingly, JAMSTEC is positively trying to pursue the research, to improve the capability, and to positively diffuse the results of the research activity.
  2. JAMSTEC is trying to provide the best treatment to the researchers, and to well maintain the circumstance to work in order to balance between the duty and its importance.
  3. JAMSTEC is trying to do the best to appropriately manage the intellectual property rights, and to improve the productivity of the intellectual property in order to improve the productivity, and to strengthen the foundation of the business via the research/development activity by respecting the role of the intellectual property for the development of the industry in Japan.
  4. JAMSTEC will try to appropriately remunerate the researchers and related personnel who participate in the creative activity to balance between the duty and its importance.

3. Idea for the Creation, Protection, Administration and Use of Intellectual Property

Basically, JAMSTEC will positively pursue to create, to protect, to administer, and to use the intellectual property as follows,

(1) Definition of Intellectual Property

“Intellectual Property” used in this Basic Idea includes every intellectual property generated by the research and development activity of the employees of JAMSTEC. The intellectual property rights include patent right, utility model right, design right, copy right, circuit arrangement use right, and their related rights in Japan and in oversea area in addition to know-how and substantial materials (test materials, samples, etc.) as the results of research and development. JAMSTEC is appropriately handling the intellectual property rights which cannot be managed by one common rule because they are versatile, and are very difficult for the uniform handle by the single rule.

(2) Activate Creative Cycle

JAMSTEC will establish a new system to invest the money obtained by practically utilizing the intellectual property rights to the new research and development programs. This system is expected to provide appropriate incentive to the research and development in JAMSTEC. The income obtained by the practical use of the intellectual property rights will provide adequate incentive to the inventors.

JAMSTEC is the central organization of marine research and development in Japan. Japanese economy is deeply indebted to marine. Accordingly, it is very important to extensively utilize the intellectual property rights of JAMSTEC. So, it is appropriate to register the license with priority on the limited field and exclusive license.

(3) Promote Research/Development Activity in JAMSTEC by the total management system integrating the administration of intellectual property rights

It will be important to participate to the patent liaison in the free and innovative research and development activity from the very early stage in order to comply with the demand of the society and to positively turn back the results of the research and development activity to the society. Accordingly, Innovation Promotion Division of Innovation promotion, Cooperation and Partnerships Dept. will strictly keep the secrecy and to administer the relevant information within JAMSTEC in cooperation with the outside organizations, and to complete the prior patent search even prior to start the research activity on the non-established research projects.

(4) Ownership of Intellectual Property Rights and Transfer to JAMSTEC

Basically, the intellectual property rights, generated by using the facility and expense of JAMSTEC, should be retained in JAMSTEC. JAMSTEC is responsible to turn back the results of the research and development activity to the society.

The employees of JAMSTEC should promptly advise the IP administration office according to the appropriate procedure when they obtained the results of research and development which are prospected to be the IP rights prior to publish it at the scientific conference, etc. JAMSTEC should promptly evaluate the contents of the application appropriately by the in-house committee when the subject research results seem to be liable to get patent rights, and the IP management office will do their best to allow the earliest presentation/publication of the results. JAMSTEC will divert the applications into two ways, such as 1) Shokumu (On-the-Job) patents and 2) Private patents. The Shokumu patents will be processed according to the in-house procedure, and the private patents will be processed under the responsibility of the inventors. Innovation Promotion Division of Innovation promotion, Cooperation and Partnerships Dept. will do their best to allow the presentation of the results on schedule, not disturbed by the clerical procedure in order to obtain the intellectual property rights.

Computer programs, images and other IP rights should be managed and used as the property of JAMSTEC for the best management as is ruled separately.

The copy right is processed in accordance with the other industrial property rights when they are considered to be most appropriate to be the property of JAMSTEC. JAMSTEC should treat the tangible material as the property of JAMSTEC as same as the other intellectual properties which comply with the relevant law and international arrangement.

(5) Social Contribution by Turning back the results of Research to the Society

The results obtained by the research/development activity in JAMSTEC have the social value in addition to the scientific value. Accordingly, they should be diffused in the appropriate form for the actual practice in the society. Such kind of activity to coordinate with the surrounding society is one of the material reasons for the presence of JAMSTEC.

Accordingly, the employees of JAMSTEC should recognize the finding, data, image, sample, etc. obtained by the research and development of JAMSTEC as the industrial property rights. The employees should positively process these subjects to get the rights as the intellectual property, and to promote the actual use of them. In particular, we should pursue the research and develop based on the common understanding that the publication of the results in a form of paper, and the procedure to obtain the rights for the intellectual properties will be completed in parallel.

Moreover, JAMSTEC will remunerate the employees by respecting their contribution to turn the results of the research and development into the industrial property rights, and their reduction into practice.

It is essential to develop the application of research/development, not just to wait the proposal from outside in order to turn back the intellectual property rights to the society. Both research/development sections and supporting sections should coordinate to reduce the intellectual property into practice.

(6) Securing the Transparency in coordinating with Companies and JAMSTEC

Fundamental research and development operation shares the major portion of JAMSTEC activities which are financed by tax. Therefore, the results of these activities are the public property of Japan. On the other hand, when Companies coordinate with JAMSTEC, Companies will pursue their own benefit. JAMSTEC is naturally assumed to obtain profit from the specific organization, and is obliged to take some duty for them in pursuing the coordination between Companies and JAMSTEC.

Industry-academy coordination is a useful way to turn back the results of research performance of JAMSTEC to the society. In coordinating with Companies, JAMSTEC should be fully prepared to guarantee the transparency of business based on the appropriate contracts in order to obtain the reliance from the society and to complete the function expected for the research organization by the well-established arrangement.

4. Improvement of In-house Organization

Innovation Promotion Division of Innovation promotion, Cooperation and Partnerships Dept., Planning Dept. is assigned as the responsible section in order to efficiently proceed the business in coordinating between JAMSTEC and the private companies, and to order to promote the creation, protection, administration and utilization of the industrial property rights in JAMSTEC.

In order to complete every window service as the one-stop spot for the consultation and utilization of industrial property rights, Innovation Promotion Division of Innovation promotion, Cooperation and Partnerships Dept. should coordinate between R/D divisions of research centers and corresponding administrative sections.

Moreover, Coordination Communication Office and Tokyo Annex Office will be partially responsible for the use of patent rights and for the distribution of other information on the other intellectual property rights by introducing the technology of JAMSTEC to the related parties.

In addition to these measurements, training/education program on the intellectual property rights should be provided depending on the role of the employees in order to activate the IP related business, and to improve the awareness on the administration, and utilization of intellectual property rights. Particularly, the appropriate circumstance should be provided to the employees who participate in the research and development to let them find out the seed for the useful intellectual property rights by themselves.