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Management of Technology and Innovation in Japan

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384 Y. Mori<br />

tion, <strong>and</strong> ignore the correspond<strong>in</strong>g value <strong>of</strong> the employees perform<strong>in</strong>g all the other<br />

functions. This would be very hazardous for company management.<br />

On the one h<strong>and</strong>, when the company transfers IP to other companies through<br />

the format <strong>of</strong> licens<strong>in</strong>g out, how does it compensate the <strong>in</strong>ventor employee for the<br />

licens<strong>in</strong>g fee that the company receives? This can be varied through the company’s<br />

policy.<br />

As <strong>in</strong> the previously stated argument, the IP itself exists <strong>in</strong> order to <strong>in</strong>crease the<br />

company’s monopoly <strong>and</strong> exclusive rights, <strong>and</strong> to strengthen the company’s bus<strong>in</strong>ess,<br />

rather than for the purpose <strong>of</strong> transferr<strong>in</strong>g it to another company <strong>and</strong> obta<strong>in</strong><strong>in</strong>g<br />

pr<strong>of</strong>it. If considered this way, this argument states that the activity <strong>of</strong> licens<strong>in</strong>g<br />

out to other companies is basically a diversion from the company’s objective.<br />

Canon is one <strong>of</strong> the companies that take this view.<br />

On the other h<strong>and</strong>, <strong>in</strong> the case <strong>of</strong> a research <strong>and</strong> development oriented company,<br />

IP is a source <strong>of</strong> <strong>in</strong>come through the licens<strong>in</strong>g out <strong>of</strong> <strong>in</strong>ventions to other<br />

companies, rather than implement<strong>in</strong>g them <strong>in</strong> the company’s own bus<strong>in</strong>ess. In this<br />

case, the view is that an <strong>in</strong>ventor employee should be duly compensated with a<br />

reward. Therefore, <strong>in</strong> this <strong>in</strong>stance as well, it is an issue <strong>of</strong> provid<strong>in</strong>g the proper<br />

<strong>in</strong>centives to employees rather than a legal problem.<br />

As shown above, there are various arguments regard<strong>in</strong>g reasonable compensation<br />

for workplace <strong>in</strong>ventions. However, as management consultants, we cannot<br />

help but feel that there is very little basis for stipulat<strong>in</strong>g the issue <strong>of</strong> reasonable<br />

compensation <strong>in</strong> law, for the reasons already expla<strong>in</strong>ed.<br />

This concludes our discussion <strong>of</strong> IP management <strong>in</strong> <strong>Japan</strong>ese companies. In recent<br />

years, there has been a tendency to give priority to IP rights issues that are<br />

picked up by the mass media. However, as shown here, these issues are deeply<br />

rooted <strong>in</strong> <strong>in</strong>novation management. In the future therefore, <strong>Japan</strong>ese companies will<br />

need to acquire a range <strong>of</strong> management tools that l<strong>in</strong>k bus<strong>in</strong>ess, technology, <strong>and</strong><br />

IP, methodologies for utilization <strong>of</strong> the company’s IP, measures to deal with workplace<br />

<strong>in</strong>vention, proper organizational functions for IP as part <strong>of</strong> a pro-patent policy,<br />

<strong>and</strong> an approach that estimates the value <strong>of</strong> IP. There will likely be more <strong>and</strong><br />

more issues that will need our attention <strong>and</strong> each company will have to develop its<br />

own special skills to address them.

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