The growing role of intellectual property in Japan's national economic security: legislative provision

Abstract

Keywords: intellectual property, innovation, national security, economic security,critical technology, critical infrastructure, inventor, non-disclosure guidelines, securityexpertise, secret patent The article examines the role ofintellectual property, in particular, the Institute of Secret Inventions in the developmentof the Japanese economy, ensuring the national economic security of the state.An analysis of the new Law on Strengthening National Security through ComprehensiveEconomic Measures, adopted on May 11, 2022, is given. The organizational andeconomic mechanism for ensuring measures aimed at strengthening Japan's national economic security is considered: a system that ensures a stable supply of critical materials,a system for supporting the development of critical technologies, and a secretpatent system. Japan's Economic Security Act gives the Japanese government theright to determine economic threats and risks associated with foreign economic activity.Focusing on four areas of economic security — supply chains, basic infrastructure,advanced technology and the publication of patents on sensitive technologies — thelaw allows the national government to intervene in Japanese companies' deals withforeign companies. It is concluded that the economic and legal institution of secret inventions,which directly affects national security, will gain more and more importance.And certain provisions of the Law can be used in law-making and law-enforcementactivities in Ukraine: a system for supporting the development of critical technologies,designated patent classifications (Designated Patent Classifications) in thefields of technology that can affect national security, guidelines for non-disclosure, securityexpertise, a system of preliminary determination secrecy, government compensationfor restrictions in the form of payment of «ordinary damages», sanctions forleaking undisclosed patent information.