Benrishi
Encyclopedia
Benrishi is a Japan
ese legal profession specifically licensed to practice intellectual property
law. Most benrishi specialize in patent
law, but are also allowed to practice in copyright
, trademark
, unfair competition
and trade secret
law.
While benrishi are often referred to as "patent attorney
s" in English, their qualifications differ from patent attorneys
in the United States
and Germany
in some aspects. Benrishi are not necessarily required to possess legal educations. Benrishi also have greater authority than patent specialists in other countries, as they are allowed to represent clients in administrative proceedings and out-of-court bargaining related to IP rights.
The benrishi examination (弁理士試験 benrishi-shiken) covers a broad range of intellectual property law (patent, utility model, design, trademark, treaties, copyright and unfair competition law) and limited fields of law and science. The benrishi examination consisted of three stages. The first stage is the multiple exam, the second stage is the essay exam, and the final stage is the oral exam.
, 7,900 benrishi are practicing in Japan, approximately as many per capita as in the United States. Entrance to the profession is regulated by a low pass rate (about 7% as of 2008; it was less than 3% until about 1997) on the benrishi examination only. The Japan Patent Office
and government officials have expressed an interest in attracting more individuals to the profession as part of a broader series of reforms in Japan's legal professions.
Different from a U.S. patent agent, a benrishi is qualified to prosecute trademark applications, assist clients in copyright and licensing matters, and to represent clients in some court proceedings and custom seizure matters.
patent
law, which Japan duplicated during the Meiji era. The Benrishi Law (弁理士法 benrishi-hō) was passed in 1921 and remained almost unchanged through the end of the 20th century.
In 2001, after a decade of economic stagnation, the Benrishi Law was changed, and the role of the benrishi in the patent system was changed significantly. Benrishi were allowed to represent clients in adversarial proceedings before customs courts and in arbitration
. The law was revised again in 2002 to allow benrishi to represent clients in court
room litigation, either independently of or in cooperation with attorneys. Benrishi has been qualified to be a legal representative for appealing to the Tokyo High Court
(the exclusive jurisdiction) representing the client against the adverse decision of Trial Board (consisting of three administrative trial judges) of Japan Patent Office, and even up to the Supreme Court
(The Benrishi Law Article 6). Benrishi can also represent the infringement cases if it meets the criteria (The Benrishi Law Article 6bis).
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
ese legal profession specifically licensed to practice intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
law. Most benrishi specialize in patent
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
law, but are also allowed to practice in copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
, trademark
Trademark
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
, unfair competition
Unfair competition
Unfair competition in a sense means that the competitors compete on unequal terms, because favourable or disadvantageous conditions are applied to some competitors but not to others; or that the actions of some competitors actively harm the position of others with respect to their ability to...
and trade secret
Trade secret
A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors or customers...
law.
While benrishi are often referred to as "patent attorney
Patent attorney
A patent attorney is an attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing an opposition...
s" in English, their qualifications differ from patent attorneys
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
in some aspects. Benrishi are not necessarily required to possess legal educations. Benrishi also have greater authority than patent specialists in other countries, as they are allowed to represent clients in administrative proceedings and out-of-court bargaining related to IP rights.
The benrishi examination (弁理士試験 benrishi-shiken) covers a broad range of intellectual property law (patent, utility model, design, trademark, treaties, copyright and unfair competition law) and limited fields of law and science. The benrishi examination consisted of three stages. The first stage is the multiple exam, the second stage is the essay exam, and the final stage is the oral exam.
, 7,900 benrishi are practicing in Japan, approximately as many per capita as in the United States. Entrance to the profession is regulated by a low pass rate (about 7% as of 2008; it was less than 3% until about 1997) on the benrishi examination only. The Japan Patent Office
Japan Patent Office
The Japan Patent Office is a Japanese governmental agency in charge of industrial property right affairs, under the Ministry of Economy, Trade and Industry...
and government officials have expressed an interest in attracting more individuals to the profession as part of a broader series of reforms in Japan's legal professions.
Different from a U.S. patent agent, a benrishi is qualified to prosecute trademark applications, assist clients in copyright and licensing matters, and to represent clients in some court proceedings and custom seizure matters.
History
The benrishi profession was adopted from GermanGermany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
patent
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
law, which Japan duplicated during the Meiji era. The Benrishi Law (弁理士法 benrishi-hō) was passed in 1921 and remained almost unchanged through the end of the 20th century.
In 2001, after a decade of economic stagnation, the Benrishi Law was changed, and the role of the benrishi in the patent system was changed significantly. Benrishi were allowed to represent clients in adversarial proceedings before customs courts and in arbitration
Arbitration
Arbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...
. The law was revised again in 2002 to allow benrishi to represent clients in court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
room litigation, either independently of or in cooperation with attorneys. Benrishi has been qualified to be a legal representative for appealing to the Tokyo High Court
Tokyo High Court
is a high court in Kasumigaseki, Chiyoda, Tokyo, Japan. The Intellectual Property High Court is a special branch of Tokyo High Court....
(the exclusive jurisdiction) representing the client against the adverse decision of Trial Board (consisting of three administrative trial judges) of Japan Patent Office, and even up to the Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
(The Benrishi Law Article 6). Benrishi can also represent the infringement cases if it meets the criteria (The Benrishi Law Article 6bis).
External links
- Review of Patent Attorney (Benrishi) Law, Japan Patent Office