The Japanese economy has been sluggish for many years, and the lack of competitiveness of enterprises is a big reason, including the decline in the number of patent applications since the peak in 2000. The crux of the current situation is that the employees of the company have made such a significant contribution to the invention of their jobs, and they can only get a symbolic reward. After the revision of the Patent Law, the situation is likely to be worse.
Japan enacted the Patent Law as early as 1921, stipulating that patent rights belong to the inventor. Today, nearly a century later, Japan is mulling a revision of the bill, and intends to vest the service invention in principle to the company to which the inventor belongs. This trend has caused great concern and heated debate in Japan.
The reason why this matter is so eye-catching is because of a patent dispute that has attracted high attention from both Japan and abroad. Nakamura Shuji, who was originally engaged in research and development at Nichia Chemical Co., Ltd. in Tokushima Prefecture, developed blue LEDs in the early 1990s. According to the Tokyo District Court, which has tried the case since then, the benefits of this invention amounted to 120 billion yen (about 6.3 billion yuan), but what is the remuneration paid by Niyaji Chemical Co., Ltd. to Nakamura? Many people have to be shocked to hear the past: 20,000 yen (combined into RMB 1058), this money is not enough to go to the restaurant to eat! For this reason, Nakamura was in court with the company in 2001 and asked to pay 20 billion yen. After that, the court repeatedly persuaded the two sides to reach a "reconciliation" with 840 million yen (about 40.42 million yuan). At the same time, the Patent Law also reported that there will be a revision, and the remuneration for the inventor of the job is determined by both the company and the inventor.
However, Nakamura is clearly unable to stay in Nichia Chemical Company. So he was angry and guilty of Dongdu, went to the United States for research, and currently teaches at the University of California, Santa Barbara, and won the Nobel Prize in Physics in 2014. This is the highest award for the research results of Nakamura, because its invention not only has a huge profit for the company, but also greatly reduces the power consumption through the application of related products. At the time of the award, Nakamura disclosed his feelings: "The anger against the company is the driving force of the effort. If it is not a sigh of gas, it will not succeed." At that time, he was said to be "eat white rice." "When the company CEO met, he repeatedly humiliated him: "How can I still not resign?" When a major invention was made and there was a dispute with the company, no Japanese company was willing to accept him!
Such an encounter like Nakamura is not an isolated case in Japan. It is reasonable to assume that after a company has made a major invention and transferred the patent right to the enterprise, the enterprise should give it enough strength to reward it. But in fact, the rewards of Japanese corporate researchers are very poor. And companies are also plausible about this: no enterprise creates and provides sufficient scientific research conditions, researchers can not single-handedly achieve scientific breakthroughs. Moreover, companies provide a stable environment for lifelong employment, which eliminates their worries. In addition, the invention is not only the result of personal efforts, but the crystallization of a team's joint efforts. Rewarding the main inventor, what other people do, does not dampen the enthusiasm of the majority?
Although the company where Nakamura is located has won the case, the Japanese business community has created a strong sense of crisis. They are worried that if the relevant laws and regulations cannot be changed as soon as possible, it is difficult to ensure that such disputes will not occur frequently in the future, and enterprises will be overwhelmed. As a result, many companies, including economic groups such as the League of Nations, have lobbied the Japanese government to request amendments to the Patent Law. After Abe took the stage twice, he strongly promoted the so-called "Abenomics." But if this combination of policies is to succeed, it must be strongly supported by the financial community. In order to reciprocate, Abe certainly has to respond to the company's demands. Therefore, in June 2013, the Japanese government clearly stated in the new basic policy on intellectual property rights that it should “promote the fundamental changes in the invention systemâ€.
The Japanese economy has been sluggish for many years, and the lack of competitiveness of enterprises is a big reason, including the decline in the number of patent applications since the peak in 2000. The crux of the current situation is that even if employees have significant contributions such as service inventions, they can only get a symbolic reward, which is not enough to stimulate the enthusiasm of invention and creation. The profits generated by enterprises due to service inventions are often “excess profitsâ€, and the inventors’ compensation should be accounted for a considerable proportion. Because, no matter how you cut the cake, the company is taking the big picture. The greater the reward, the more significant the effect. Corporate concerns are clearly unnecessary. The United States can absorb the talents of the world, because it is unswerving to reward those who have made outstanding contributions to innovation. Without innovation and breakthrough, what do companies compete for? 20,000 yen actually got the hand, which is really an "international joke."
Since the implementation of Japan’s Patent Law for nearly a century, there have been no institutional problems, indicating that there is no need to change it. Looking back at history, the reason why Japan can quickly catch up with a backward country and quickly become a powerful country cannot be underestimated. After Nakamura sued Nichia Chemical Industry Co., a senior US patent expert believed that Japan’s patent system promoted corporate innovation. Originally, the Nakamura case can exert a greater positive effect, encouraging corporate researchers to make every effort to innovate, but the trend of the Japanese financial circles is the opposite. Their starting point is obviously “to make up for the dead, to prevent future problemsâ€, to prevent enterprises from being bothered by similar cases. .
In the past few years, in order to prevent enterprises in China and other countries from imitating their products and maintaining their leading edge in products, Japan has made great efforts to protect intellectual property rights and put forward the slogan of “establishing intellectual property rightsâ€. But nowadays, the service inventions of employees of domestic enterprises are only spoken for enterprises, and more consideration is given to safeguarding the interests of enterprises. This not only has the taste of "Ye Gong Hao Long", but also obviously uses this as a scorpion to prevent the catch-up of other countries.
Although Nakamura’s resentment against the company was hard to say, but the time passed, Nakamura hoped that the two sides could shake hands and talk about it. Unexpectedly, Nichia Chemical Industry Co., Ltd. was still unsettled and resolutely refused. It seems that the other party is losing money. Japanese people of insight are now particularly worried that the revised Patent Law will hinder and stifle the invention and innovation of enterprises. If this is the case, then what is Japan’s hope?
Japan enacted the Patent Law as early as 1921, stipulating that patent rights belong to the inventor. Today, nearly a century later, Japan is mulling a revision of the bill, and intends to vest the service invention in principle to the company to which the inventor belongs. This trend has caused great concern and heated debate in Japan.
The reason why this matter is so eye-catching is because of a patent dispute that has attracted high attention from both Japan and abroad. Nakamura Shuji, who was originally engaged in research and development at Nichia Chemical Co., Ltd. in Tokushima Prefecture, developed blue LEDs in the early 1990s. According to the Tokyo District Court, which has tried the case since then, the benefits of this invention amounted to 120 billion yen (about 6.3 billion yuan), but what is the remuneration paid by Niyaji Chemical Co., Ltd. to Nakamura? Many people have to be shocked to hear the past: 20,000 yen (combined into RMB 1058), this money is not enough to go to the restaurant to eat! For this reason, Nakamura was in court with the company in 2001 and asked to pay 20 billion yen. After that, the court repeatedly persuaded the two sides to reach a "reconciliation" with 840 million yen (about 40.42 million yuan). At the same time, the Patent Law also reported that there will be a revision, and the remuneration for the inventor of the job is determined by both the company and the inventor.
However, Nakamura is clearly unable to stay in Nichia Chemical Company. So he was angry and guilty of Dongdu, went to the United States for research, and currently teaches at the University of California, Santa Barbara, and won the Nobel Prize in Physics in 2014. This is the highest award for the research results of Nakamura, because its invention not only has a huge profit for the company, but also greatly reduces the power consumption through the application of related products. At the time of the award, Nakamura disclosed his feelings: "The anger against the company is the driving force of the effort. If it is not a sigh of gas, it will not succeed." At that time, he was said to be "eat white rice." "When the company CEO met, he repeatedly humiliated him: "How can I still not resign?" When a major invention was made and there was a dispute with the company, no Japanese company was willing to accept him!
Such an encounter like Nakamura is not an isolated case in Japan. It is reasonable to assume that after a company has made a major invention and transferred the patent right to the enterprise, the enterprise should give it enough strength to reward it. But in fact, the rewards of Japanese corporate researchers are very poor. And companies are also plausible about this: no enterprise creates and provides sufficient scientific research conditions, researchers can not single-handedly achieve scientific breakthroughs. Moreover, companies provide a stable environment for lifelong employment, which eliminates their worries. In addition, the invention is not only the result of personal efforts, but the crystallization of a team's joint efforts. Rewarding the main inventor, what other people do, does not dampen the enthusiasm of the majority?
Although the company where Nakamura is located has won the case, the Japanese business community has created a strong sense of crisis. They are worried that if the relevant laws and regulations cannot be changed as soon as possible, it is difficult to ensure that such disputes will not occur frequently in the future, and enterprises will be overwhelmed. As a result, many companies, including economic groups such as the League of Nations, have lobbied the Japanese government to request amendments to the Patent Law. After Abe took the stage twice, he strongly promoted the so-called "Abenomics." But if this combination of policies is to succeed, it must be strongly supported by the financial community. In order to reciprocate, Abe certainly has to respond to the company's demands. Therefore, in June 2013, the Japanese government clearly stated in the new basic policy on intellectual property rights that it should “promote the fundamental changes in the invention systemâ€.
The Japanese economy has been sluggish for many years, and the lack of competitiveness of enterprises is a big reason, including the decline in the number of patent applications since the peak in 2000. The crux of the current situation is that even if employees have significant contributions such as service inventions, they can only get a symbolic reward, which is not enough to stimulate the enthusiasm of invention and creation. The profits generated by enterprises due to service inventions are often “excess profitsâ€, and the inventors’ compensation should be accounted for a considerable proportion. Because, no matter how you cut the cake, the company is taking the big picture. The greater the reward, the more significant the effect. Corporate concerns are clearly unnecessary. The United States can absorb the talents of the world, because it is unswerving to reward those who have made outstanding contributions to innovation. Without innovation and breakthrough, what do companies compete for? 20,000 yen actually got the hand, which is really an "international joke."
Since the implementation of Japan’s Patent Law for nearly a century, there have been no institutional problems, indicating that there is no need to change it. Looking back at history, the reason why Japan can quickly catch up with a backward country and quickly become a powerful country cannot be underestimated. After Nakamura sued Nichia Chemical Industry Co., a senior US patent expert believed that Japan’s patent system promoted corporate innovation. Originally, the Nakamura case can exert a greater positive effect, encouraging corporate researchers to make every effort to innovate, but the trend of the Japanese financial circles is the opposite. Their starting point is obviously “to make up for the dead, to prevent future problemsâ€, to prevent enterprises from being bothered by similar cases. .
In the past few years, in order to prevent enterprises in China and other countries from imitating their products and maintaining their leading edge in products, Japan has made great efforts to protect intellectual property rights and put forward the slogan of “establishing intellectual property rightsâ€. But nowadays, the service inventions of employees of domestic enterprises are only spoken for enterprises, and more consideration is given to safeguarding the interests of enterprises. This not only has the taste of "Ye Gong Hao Long", but also obviously uses this as a scorpion to prevent the catch-up of other countries.
Although Nakamura’s resentment against the company was hard to say, but the time passed, Nakamura hoped that the two sides could shake hands and talk about it. Unexpectedly, Nichia Chemical Industry Co., Ltd. was still unsettled and resolutely refused. It seems that the other party is losing money. Japanese people of insight are now particularly worried that the revised Patent Law will hinder and stifle the invention and innovation of enterprises. If this is the case, then what is Japan’s hope?
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