Benrishi

From Wikipedia, the free encyclopedia

Benrishi (弁理士) is a Japanese "quasi-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 attorneys" in English, their qualifications differ dramatically from patent attorneys in the United States and Germany. Benrishi are not required to possess any technical education and are only tested on certain narrow fields of law and science in the benrishi examination (弁理士試験 benrishi-shiken). They 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.

As of 2001, 4,278 benrishi were practicing in Japan, approximately half as many per capita as in the United States. Entrance to the profession is regulated by a low pass rate (about 10%) on the benrishi examination. 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.

[edit] History

The benrishi profession was adopted from German 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 completely 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 courtroom 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).

[edit] Further reading

Lee Rousso, Comment: Japan's New Patent Attorney Law Breaches Barrier Between The "Legal" and "Quasi-Legal" Professions: Integrity of Japanese Patent Practice At Risk?, 10 Pac. Rim L. & Policy J. 781 (May, 2001).