1. About the Policy
The Japan Aerospace Exploration Agency (hereinafter, “JAXA”) is committed to conducting pioneering R&D activities and making use of the results for the development of human society, upholding the management philosophy, “To realize a safe and affluent society using space and the sky.”
To this end, JAXA will protect and utilize its intellectual property in an appropriate manner based on the national government’s Basic Plan for Space Policy, Space Industry Vision 2030 and R&D Plan formulated for the aviation technology field, thereby enhancing Japan’s industrial and scientific infrastructures and making contributions to the following: national security and creation of a safe and secure society; expanded utilization of space and promotion of industries; world -class achievements and maintenance and increase of Japan’s international presence in the space and astronautical science and exploration field; and promotion of the Japanese aviation industry and increase of its international competitiveness.
The Policy clarifies JAXA’s basic approach to intellectual property activities and is intended to help JAXA conduct operations in an effective and efficient manner.
2. Basic Approach
(1) Basic approach to intellectual property activities
With a view to increasing trust in JAXA and conducting operations in an effective and efficient manner, JAXA will take the basic approach as described below to its intellectual property activities:
| 1) | JAXA will identify and protect the intellectual property created by itself in line with the Basic Plan for Space Policy and the R&D Plan. As for intellectual property related to Japan’s national security, JAXA will manage and protect the property appropriately from foreign governments, their related organizations and foreign industries. |
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| 2) | JAXA, based on the Act on Activation of the Creation of Science and Technology Innovation, the Intellectual Property Basic Act, the Space Industry Vision 2030 and other policy documents, will collaborate with Japan’s industrial circles including the aerospace industry for industrial promotion, and will make effective and efficient use of its intellectual property and foster its practical use in society, thereby contributing to the creation of an affluent society. |
| 3) | JAXA, by building a system to create valuable intellectual assets* in collaboration with academia and disclosing the findings publicly, will contribute to increasing human knowledge and its application in a range of scientific fields. |
| 4) | JAXA will make easy-to-understand explanations about its own intellectual assets to the public and share the possibilities provided by space and the sky with the people. JAXA will also contribute to the development of human resources through its intellectual property activities. |
*Intellectual assets
Intellectual assets refer to intangible assets that provide JAXA with a competitive advantage and include (a) patent, utility model, design, trademark, copyright and other intellectual property rights provided by law; (b) know-how, software and data that are identified as intellectual property useful in society; (c) scientific knowledge, potential know-how and information owned by its staff and organizations; (d) human assets including the creativity, experience and skills of the staff; (e) structural assets, such as management philosophy, management system, rules and testing functions provided by the equipment; and (f) networks built with governmental agencies and other organizations, associated companies and supporters (citizens and others) in Japan and abroad, public recognition, brand power and other related assets.
*Reference:
https://www.meti.go.jp/policy/intellectual_assets/english.html (Ministry of Economy, Trade and Industry)
(2) Measures to foster intellectual property activities
In order to identify the intellectual property that is useful in society from among its intellectual assets and protect and make effective and efficient use of the property, JAXA will build an intellectual property management system under the leadership of its intellectual property organization and establish a mechanism to identify, protect and utilize its intellectual property. JAXA will also provide all its staff with education on intellectual property to help them become more aware and gain more understanding of such property.
3. Intellectual property management system
In order to collaborate appropriately with external entities in its intellectual property activities, JAXA will recognize its intangible assets, such as knowledge owned by its staff and organizations, human assets, structural assets and other related assets as its intellectual assets, identify and clarify the intellectual property useful in society from among the intellectual assets created by itself, and build an intellectual property management system for the effective and efficient use of the property.
In particular for the promotion of joint research and industries, JAXA will mandate its staff to ensure risk management for the intellectual property provided by partner companies by identifying and appropriately managing such property with regard to the information offered by the companies.
JAXA will implement these measures based on the Policy, which include specific policies on the identification, protection and industrial use of and education on intellectual property and will set the templates for rules and contract conditions as required for the performance of its operations. All JAXA staff, departments and divisions will manage intellectual property in line with these rules.
4. Identification and protection of intellectual property
JAXA will appropriately manage its design, data, technological know-how, software and others that it has identified and clarified as intellectual property, with a view to promoting Japan’s industries and in consideration of usability of the property for business. In countries where its intellectual property is industrially utilized, JAXA will protect it by intellectual property rights including patent, utility model, copyright and trademark right. As for intellectual property co-created with companies, JAXA will make decisions on its rights to the property by discussing with the companies about the ownership and interest as well as the possibility of exclusive use, considering whether it is necessary to transfer the developed technology for the enhancement of Japan’s industrial competitiveness.
As for intellectual property that should be kept confidential to foreign countries, their related organizations and foreign companies, such as national security-related technological results and those that help increase Japan’s industrial competitiveness, JAXA will protect it in line with the information security rules and others. However, for intellectual assets to be shared as achievements made through international collaborative activities, JAXA will identify its own intellectual property and clarify the scope of disclosure in each country to keep it confidential and protect it.
As for trademarks, JAXA will develop a brand that represents the reliability of JAXA’s technology and scientific findings and a logomark that symbolizes its missions and is supported by the people of Japan and protect these as its intellectual property rights.
5. Industrial use of intellectual property
In consideration of the Act on Activation of the Creation of Science and Technology Innovation, Intellectual Property Basic Act, the Space Industry Vision 2030 and other policy documents, JAXA will foster the use of its own intellectual property by Japan’s industrial circles based on an appropriate open and close strategy for industrial promotion, thereby contributing to enhancing the competitiveness of aerospace-related domestic industries in international markets and in a range of fields.
Specifically, for industrial promotion, JAXA will license the use of its intellectual property based on the premise that JAXA and the industry are on equal footing. For its patent and technological knowhow, and for its data and trademark right, JAXA will set the comprehensive licensing guidelines.
For licensing, JAXA will ensure that Japan’s industries will be able to make broad use of its intellectual property by paying appropriate compensation. JAXA will basically grant a nonexclusive license for the promotion of industries, but will also adopt the idea as expressed in the Japanese version of the Bayh-Dole Act and grant an exclusive license to some companies according to their business environments, discuss intellectual property utilization methods with licensee companies, including the receipt of compensation for the license, and decide on the licensing method. To foreign companies, JAXA will grant a license when it deems it necessary for the enhancement of Japanese industries’ international competitiveness.
6. Education on intellectual property
JAXA will treat human assets as its intellectual assets and educate its staff as intellectual human assets in the aerospace field. Specifically, under its intellectual property management system, JAXA will provide them with education on intellectual property, so that all staff members will become more aware and gain more understanding of the basic ideas about intellectual property-related rules and contracts.
When educating its staff, JAXA will work to help them understand the fact that intellectual property has much to do with information security and learn the methods to protect and utilize its intellectual property in an effective and efficient manner for industrial promotion.