Business Strategy of Intellectual Property Risk Management

Abstract

This article describes how to build legal risk management system on Intellectual Property. In the article 103 of Patent Act in Japan, it is provided that an infringer of a patent right or exclusive license of another person is presumed negligent in the commission of the said act of infringement. That is called presumption of negligence. The purpose of this article is told to be for reverse of onus of proof. In my opinion, its function is not only as reverse of onus of proof but the boundary of duty of care as requirements to exclude liability. Enterprises must build Risk Management System on Intellectual Property including those requirements.