Victory for IP rights of employees in Japan

01 Nov 2006 | News
On October 22, Japan’s Supreme Court struck a blow for employees of major corporations, who make valuable inventions.

On October 22, Japan’s Supreme Court struck a blow for employees of major corporations, who make valuable inventions.

It ruled in favour of a former worker of Hitachi, who between 1993 and 1997 filed for three patents for CD and DVD readers. In recognition of his contribution, Hitachi paid the worker the yen equivalent of $1,000.  Not very happy with the award, the worker, who in the meantime left Hitachi, filed a suit seeking royalty payments of the order of $2.15 million. In 2004, the suit was upheld by the Japanese High Court.

The Supreme Court in October confirmed the judgement and awarded the royalty payment of $1.4 million. Hitachi has no choice but to comply. However, it issued a statement that the judgement was “regrettable” and "this decision may greatly hinder the research development and business efforts of Japanese companies.''

The motivation for the statement is clear but its logic is muddled. Human nature being what it is, one would assume that Japanese development and engineering staff would be more, rather than less, motivated if they knew that in addition to a handshake from the CEO their inventions may produce tangible returns to them personally. While Japanese firms have been justifiably famous for the quality of engineering, they have been less successful in promoting innovation and invention. Incentive structure was certainly part of the problem, as the Japanese social compact privileged loyalty and team work over individual effort and entrepreneurial drive. The Supreme Court judgement confirms that this compact is now in its death throes.

In my July 7 blog, I discussed how the Swedish government and academics debated the balance between rights of academic inventors and those of universities, which employed them. The initial temptation was to tilt the balance in favour of the latter but in the end, the status quo, which is based on “professor’s privilege,” was maintained.  The rationale for this non-decision was to encourage individual initiative, deemed the ultimate source of invention. It is instructive to see that Japanese authorities, for all their supposed conservatism, appear to share this rationale.

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