1. Copyright M. Samejima 1 The Enhancement of Patent Management to Achieve Competitiveness M.Samejima samejima@uslf.jp WIPO Asia and the Pacific Regional Workshop 2004.12.15 @ Shanghai

2. Copyright M. Samejima 2 1 What is the mechanism of the patent regarding corporate management process? 2 What is the mechanism of the patent to enhance competitiveness of a corporation? 3 What shall be a patent achieving mechanism thereof? Agenda Today

3. Copyright M. Samejima 3 The Trend of Percentage of Intangible Asset in Corporate Value

4. Copyright M. Samejima 4 Brand Value Ranking by Inter Brand Corporation (2000) Brand Value Ranking, 2000

5. Copyright M. Samejima 5 Preservation of Technology→Creating Bar towards Competitors ~ Patent application is the final method of developing process Technology Disappearance of Technology --loss of data --employee’s flow-out Technology Preservation of Technology Bar towards competitor’s market entry ｘ Patent Technology Patent application Know-how handling

6. Copyright M. Samejima 6 Intellectual Capital Management Model (i) Valuable human capital (ii) Extraction as intellectual assets Enhancement of corporate value Mind (iii) Meets market needs 1.developing &educating valuable human resources 2.extracting intellectual property from their brilliant mind 3.management enforcing corporate competitiveness by intellectual property Study & Development handling Education A Intellectual property handling Education B Education C Intellectual Property Strategy

7. Copyright M. Samejima 7 Maintaining Market share and Patent strategy Case of Nichia Corporation Sales Profitability Social contribution/Reputation Maintaining & Keeping market share Compliance Initial market share →it depends on quality of technology, marketing, promotion (not patent) Keeping market share →it depends on law competitiveness like patent as well as product quality and cost. Innovation Brand Promotion Agreement Quality Patent

8. Copyright M. Samejima 8 Establishing De facto Standard by Patent Pool The case of Taiyo-Yuden Corp. ◇ Taiyo-Yuden ’ s process from development to sales regarding CD - R 1981 Taiyo-Yuden Corp. started developing CD-R 1988 Taiyo-Yuden Corp. succeeded in developing CD-R 1989 Joint-company, Start-Lab Corp was established by investment from Sony Corp. and Taiyo-Yuden Corp. Taiyo-Yuden started test mass-production of CD-R 1990 Taiyo-Yuden started mass-production of CD-R 1992 CDW-900E was on sale. 1993 CD-R Printable was on sale.

9. Copyright M. Samejima 9 1.The gap of Technology Competence Technology Flow-out 2.Know-How Handling Dominant position because of Good Quality Production Legal method such as Technology Transfer 3.The gap of Patent Competence Elimination by Legal Method, Market Control By License Contract Technology Competition N Y Y N Y N Technology Development The Model to maintain Production Competitiveness ~ Technology Flow-out and Patent Competence 4.Mare Free Competition

10. Copyright M. Samejima 10 Establish & Arrange System ( Macro-Practical Method ） Government （ Office ） Each Organization Introduction & Practice of Intellectual Capital Management （ Micro-Practical Method ） Improvement of Our Nation’s International Competitiveness Enhancement of Corporate Value The way to Intellectual Property Nation Present Status :The boom of Intellectual Property was over, and the practical stage has come

11. Copyright M. Samejima 11 2 ％ of the Patents Gain 90% of Whole Revenue If this “yield rate” could be enhanced ･･･

12. Copyright M. Samejima 12 Patent which covers business market 1.Marketability （ Patents practiced by other parties ） 2.Patent’s Ability （ Not easily invalidated nor diminished ） × × × × × × × Prior art Novel Marketability Patent’s Ability What is “Good Patent”?

13. Copyright M. Samejima 13 Consideration Patent into Decision Making Process of Developing Theme × × × Future Market × × × Present Market × × × × Market Prediction = prediction of 5 years later market nonsense risk-taking fine!

14. Copyright M. Samejima 14 × × × × × × Future Market × × × Market Shift Present Market Market Prediction --PPM, CIAO, Patent Engineer --Management Rule/ Ruling Procedure --Database/IT wise Mechanism to secure more sophisticated management The Management Theory Adopted By Corporations

15. Copyright M. Samejima 15 The Aim of IP Management→ Increasing “Yield Rate” Market Prediction R&D Patent Application Prosecution × × × × × × × Marketability Patent’s Ability Time- Reduction Claiming Theory/Patent Management Linking Together with Market/ R&D/ Patent

16. Copyright M. Samejima 16 Lecturer’s Profile MASAHIRO SAMEJIMA (UCHIDA and SAMEJIMA LAW FIRM / Attorney at Law & Patent Attorney ） Tel 03-3549-1563 / fax 03-3549-1565 samejima@uslf.jp samejima@uslf.jp [Business & Professional Experience ] Mr. Samejima, a national of Japan, graduated from the Tokyo Institute of Technology in March 1985. He passed the Patent Attorney Examination and the National Law Examination in Japan in 1991 and 1996 respectively to become one of 10 peoples in Japan who have passed both examinations. From 1997-1999 he had legal training at the National Legal Training and Research Institute. Mr. Samejima was working in Metallurgy and Electric Engineering at FUJIKURA Ltd., from 1985 to 1992. From 1992 to 1997 he was with Patent Filing and Prosecution Practice at IBM Japan. He was with the Patent Litigation Practice at Ohba & Ozaki in 1999, and joined the Law Office of Matsuo & Kosugi till 2004. Since 2004, he is an Attorney at Law and a Patent Attorney as a partner of Uchida & Samejima Law Firm, Tokyo. [Service] His practice areas include Intellectual Property matters including various technology such as IT and material engineering, from filing to enforcement, as well as corporate governance and strategy on IP matter. [Work] Patent Strategy Hand Book(2003.3)