Benrishi (弁理士) is a Japanese legal profession specifically licensed to practice

intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, co ...

law. Most benrishi specialize in

patent A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A ...

law, but are also allowed to practice in

copyright A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educatio ...

trademark A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from ot ...

unfair competition Unfair may refer to: * Double Taz and Double LeBron James in multiverses ''fair''; unfairness or injustice Injustice is a quality relating to unfairness or undeserved outcomes. The term may be applied in reference to a particular event or situ ...

and

trade secret Trade secrets are a type of intellectual property that includes formulas, practices, processes, designs, instruments, patterns, or compilations of information that have inherent economic value because they are not generally known or readily ...

law. While benrishi are often referred to as "

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 patent applications and op ...

s" in English, their qualifications differ from patent attorneys in the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...

and

Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwee ...

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 choice exam, the second stage is the essay exam, and the final stage is the oral exam. , 9,300 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 The is a Japanese governmental agency in charge of industrial property right affairs, under the Ministry of Economy, Trade and Industry. The Japan Patent Office is located in Kasumigaseki, Chiyoda, Tokyo and is one of the world's largest pat ...

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

German German(s) may refer to: * Germany (of or related to) **Germania (historical use) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizens of Germany, see also German nationality law **Ge ...

law, which Japan duplicated during the

Meiji era The is an era of Japanese history that extended from October 23, 1868 to July 30, 1912. The Meiji era was the first half of the Empire of Japan, when the Japanese people moved from being an isolated feudal society at risk of colonization ...

. 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 Customs is an authority or agency in a country responsible for collecting tariffs and for controlling the flow of goods, including animals, transports, personal effects, and hazardous items, into and out of a country. Traditionally, customs ...

courts and in

arbitration Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the ...

. The law was revised again in 2002 to allow benrishi to represent clients in

court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ...

room

litigation - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil act ...

, either independently of or in cooperation with attorneys. Benrishi has been qualified to be a legal representative for appealing to the

Intellectual Property High Court The Intellectual Property High Court (, ''Chiteki-zaisan kōtō-saiban-sho''), sometimes abbreviated IPHC, is a special branch of Tokyo High Court in the judicial system of Japan. It is based in Kasumigaseki, a district in Chiyoda Ward in Tokyo, ...

(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 A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

(The Benrishi Law Article 6). Benrishi can also represent the infringement cases if it meets the criteria (The Benrishi Law Article 6bis).

References

{{Reflist

External links

Review of Patent Attorney (Benrishi) Law
Japan Patent Office

Japan Patent Attorneys Association Japanese patent law Region-specific legal occupations

History

See also

References

External links