The creation, protection, and utilization of intellectual property promotes both academic-industrial cooperation and commercialization of research results. Innovation plays a vital role in making the results of these efforts available to people and society. If properly administered, systems and policies on intellectual properties to establish a balance between “protection” and “utilization” can stimulate further inventions. Therefore, not only those who carry out ?business but also those who are involved in research and development have to respect intellectual property rights of the original inventors, and to give proper credit to the right holder s when their intellectual property is utilized.

The Council for Science and Technology Policy (CSTP) in May 2006 approved the Guidelines for Research Licenses of Intellectual Property Rights Derived from Government-funded R&D. These guidelines stipulate basic notions concerning the use of intellectual property rights in non-profit research programs to facilitate their use at universities and other institutions.

The use of patented research tools is a big issue particularly in the fields of medicine, biotechnology, and life sciences. Similar to screening methods and genetically-modified plants and animals, a lot of research tools may be utilized in a broad range of fields and therefore contribute to the promotion of research activities; many of them are also difficult to substitute with alternatives. As such, difficulties encountered in licensing patented research tools may actually hinder the progress of R&D programs; in some cases, licensing negotiations have broken down and injunctions have been sought. In an effort to resolve these issues, the CSTP Intellectual Property Strategy Task Force established a project team that began discussing licensing guidelines to facilitate the use of patented research tools in September 2006. The CSTP approved the proposed guidelines on March 1, 2007.

As mentioned above, those guidelines are designed to facilitate the utilization of research tool patents by universities and private-sector companies with the ultimate goal of promoting R&D activities geared toward innovation. A “patented research tool” is defined under the guidelines as materials or methods ? patented in Japan ? that are used as a tool in life sciences research.

The guidelines provide for non-exclusive licensing of research tool patents for use in research projects at reasonable prices or free of charge. However, the guidelines say this provision does not apply in cases where the research tool in question is already available commercially or the licensing of the research tool could adversely affect the patent holder's business. In order to promote research tool patent licensing, the guidelines also provide for the creation of an integrated database that will help to accelerate the licensing process and facilitate access. The database will be used to compile information on research tool patents and materials related to the patents, including research tool type, licensing conditions, licensing cost history, and contact information.

The CSTP is currently in the process of translating the guidelines into English and will post them on its Web site at the appropriate time.