Monday, December 3, 2012
Preventing Leaks and Problems Accompanying Transfer of Technology and Know-how when Expanding Overseas
Presented by
Representative Attorney Kenji Kuroda
Hosted by
Nihon Techno Center Co., Ltd.
Training room, Nihon Techno Center
Seminar theme and list of headlines  

Lecture topic
Preventing Leaks and Problems Accompanying Transfer of Technology and Know-how when Expanding Overseas

Key points

  • The need for transfers of technology and know-how, and the problems they involve
  • Difficulties when executing agreements and sharing technology
  • Import and export regulations
  • Protecting confidentiality
  • Management of improved technology
  • Difficulties when executing agreements and sharing technology
  • Difficulties when executing agreements; investigating the other parties
  • How to share technology
  • Import and export management regulations
  • Technology transfer regulations in Japan (primarily the Foreign Exchange and Foreign Trade Act)
  • Technology transfer regulations in other countries
  • Re-importing of and restrictions on manufactured goods and improved technology
  • Drafting agreements for technology transfers
  • Legislation on technology license agreements and their procedures
  • Things to keep in mind when drafting technology license agreements
  • An introduction to legislation particular to China and the Asian region
  • Considerations through an examination of precedents
  • Preventing divulgence of trade secrets
  • The importance of preventing divulgence of trade secrets
  • Protection by physical means
  • Legal protection
  • Acquisition of rights
  • Protection through agreements
  • Legislation on trade secrets
  • Non-competition obligations
  • Concrete policies to protect trade secrets
  • Management of improved technology
  • Local intellectual property rights management systems
  • Employee invention systems
  • Conclusion and Q&A

A Word from the Lecturer
Many companies have begun manufacturing and selling abroad, and so are looking to transfer technology to other countries. In this seminar, founding partner Kenji Kuroda, an attorney who has been active on the front line of international legal affairs for over 20 years, explains the legal issues around transferring technology overseas and how to deal with them, in an easy-to-understand manner.
Difficulties when transferring technology overseas arise for a variety of reasons, including poor  selection of local partners, lenient contract conditions and insufficient knowledge of the legal systems for managing technology import and export and local intellectual property legislation. Using case studies, this lecture will highlight what to watch out for.
Even after executing an agreement with a local partner, difficulties such as poor management of technology or being unable to preserve one’s technological advantage can still occur. Particularly when sharing technical know-how for which patents and other rights have not been acquired, it is exceedingly difficult to prevent third parties from using the technical know-how after it has been made available to the public. Using real-life examples, we will look at how to prevent the leakage of technology.
Moreover, as there are a growing number of companies conducting research and development in other countries in order to localize products and technology to fit the needs of the local market, we will also touch on management systems for improved technology, including employee invention systems.

Targeted audience
There are no particular restrictions on who can attend.

Necessary background knowledge to attend
A basic understanding of intellectual property rights is required.

Knowledge acquired by attending this seminar

  • Import and export regulations in Japan and abroad
  • Points to consider when making technical licenses with overseas firms
  • How to deal with divulgence of trade secrets in other countries

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