Decision

28 October 2022: UK-Japan CEPA Committee on Intellectual Property – joint minutes

Updated 3 May 2024

Joint Minutes of the First Meeting of the Committee on Intellectual Property under the Agreement between the United Kingdom of Great Britain and Northern Ireland and Japan for a Comprehensive Economic Partnership

UK hosted virtually, 28 October 2022

The first meeting of the Committee on Intellectual Property (IP) under the Agreement between the United Kingdom of Great Britain and Northern Ireland and Japan for a Comprehensive Economic Partnership (‘the Agreement’) took place on 28 October 2022 via videoconference.

The United Kingdom’s (UK) participants from Department for International Trade (DIT), Department for Environment, Food and Rural Affairs (DEFRA), Intellectual Property Office (IPO) and the British Embassy in Japan, as well as Japanese participants from Ministry of Foreign Affairs of Japan (MOFA), Ministry of Finance (MOF), Ministry of Agriculture, Forestry and Fisheries (MAF), Ministry of Economy, Trade and Industry (METI), Japan Patent Office (JPO) and Agency for Cultural Affairs (ACA) had a fruitful exchange of views on matters related to the implementation of the Agreement’s IP Chapter.

1. Introductions and opening remarks

The UK welcomed Japan and UK colleagues, setting out the UK’s ambitions for the committee and bilateral relationship going forward. Japan welcomed and reiterated the UK’s comments, noting the shared fundamental values as global strategic partners and the good record of cooperation on economy, security, culture, education, technology and science. Japan also stated that the Agreement further strengthens this relationship.

2. Adoption of the agenda of the first meeting of the Committee

The enclosed meeting agenda was adopted (see below).

3. Adoption of the Rules of Procedure

Both sides confirmed that the Rules of Procedure for the UK-Japan Joint Committee would apply mutatis mutandis to this meeting and future meetings based on mutual understanding.

4. General IP segment

4.1 UK IP update

The UK provided an update on the UK IP regime, highlighting ongoing work on the exhaustion of IP rights and consultation on AI, review of the designs system and legislative changes to the Copyright and Performances (Application to Other Countries) Order 2016 and the Copyright, Designs and Patents Act 1988. The UK agreed to send Japan the recently published Counter-Infringement Strategy, which sets out how the UK government will address IP crime and infringement over the next 5 years, for comments.

4.2 Update from Japan

Japan provided 2 presentations on amendments to their IP law. The first presentation focused on revision of the Patent Act and other Acts in 2021, noting that the revised Trademark Act and Design Act were promulgated in 2021. Japan has responded to the increase in importation of counterfeit goods by tightening regulations, in which overseas businesses bringing counterfeit goods into Japan by postal mail and other means were specified as an infringement of trademark and design rights. Additionally, revising fee structures such as those of patent fees are helping to enhance the foundation of Japan’s intellectual property systems.

The second presentation covered the amendment to the Copyright Act in 2021, including the review of limitation to rights for libraries and the streaming of broadcast programs. With most public libraries forced to close due to the recent COVID-19 outbreak, Japan has used the amendment to enhance public accessibility to out-of-print library materials through the Internet (by the National Diet Library).

5. Calendar of the IP Committee, approval of operational conclusions and joint minutes

The UK proposed next steps, including the sharing of slide packs and follow-up cooperation, to which Japan agreed.

6. Closing remarks / any other business (AOB)

The UK had an AOB item on the remuneration for performers and producers of phonograms, which Japan’s Agency for Cultural Affairs responded to. Both sides appreciated the discussions and looked forward to further exchange of views in this area. Japan consented to chair the next meeting, and the UK and Japan both expressed mutual gratitude for the cooperative, productive and informative meeting, noting that they look forward to future engagements.

7. Agenda

1. Introductions and opening remarks

2. Adoption of the agenda of the first meeting of the Committee

3. Adoption of the Rules of Procedure

4. General IP segment (UK update, Japan update)

5. Calendar of the IP Committee, approval of operational conclusions, and joint minutes

6. Closing remarks/any other business