535.   This delegation would like to share Japan's experiences and national policies regarding this agenda item. 536.   This delegation is of the view that competitive advantages of products and services are derived not only from certain technological features but also from various distinctive features, such as designs and brands. In addition, especially in the field of information technology, such as artificial intelligence and the Internet of Things, not only information technologies themselves but also data themselves are valuable, and the utilization of such data become major sources of companies' competitive advantages as well. Each of those features and data can be protected as various types of IP, such as patents, trade secrets, and copyright. Meanwhile, in corporate business strategies, it is essential for companies to establish IP portfolios that comprehensively and strategically cover the various kinds of multiple IPs. 537.   On the other hand, in order to establish comprehensive IP portfolios that cover various kinds of IPs for enhancing business advantages, it is essential for companies to form an appropriate combination of IPs with a better understanding of the characteristics of their individual IPs. In particular, most MSMEs are facing the problem of having a tendency to lack knowledge and resources needed for establishing such IP portfolios. 538.   Under such circumstances, Japan would like to introduce Japan's two initiatives, one of which is aimed at supporting establishing comprehensive IP portfolios and the other is aimed at providing new IP protection based on the diversification of data utilization. Please refer the room document RD/IP/39 as well. 539.   Firstly, Japan would like to introduce the initiative to support establishing strategic IP portfolios. As we mentioned in the beginning, it has become important to establish IP portfolios that comprehensively cover various kinds of IPs in line with corporate activities. In order to support companies in acquiring comprehensive IP rights for effective use in enhancing their business activities, the Japan Patent Office is conducting an initiative of "collective examinations for IP portfolios", in response to corporate business strategies. Under this initiative, the JPO conducts examinations collaboratively on a cross-sectional basis to timely grant multiple IP rights, such as for patents, designs, and trademarks, which are associated with the expansion of business activities. 540.   When conducting examinations under this initiative, applicants explain their business activities and strategies to examiners, additionally examiners interview applicants directly. As a result, examiners can gain a full understanding of applicant business backgrounds and their connections to their applications. Moreover, the schedule of explanation of businesses, interviews, and launches of examination procedures are coordinated to support companies in acquiring IP rights at their most desirable timing. 541.   Secondly, we introduce the new system to provide comprehensive data protection. The value of data has been increasing as major sources of companies' competitive advantages. As a result, there is a growing need to establish a framework to transact data in safety and to allow appropriate compensations, to the extent commensurate with investments and efforts in creating, collecting, analysing, and managing data. Meanwhile, in order to protect data based on conventional copyrights or trade secrets, it is necessary to meet certain requirements, such as creativity or maintaining secrecy. In this regard, due to the diversification of data utilization, it became necessary to establish a data protection system which enables the protection of data where creativity is difficult to recognize, such as automatically collected data, and to support business models in which data are widely shared with others without maintaining secrecy. 542.   In responding to such situations, Japan revised its Unfair Competition Prevention Act in 2018 to introduce the new data protection scheme, where unlawful actions using certain data are defined as unfair competition acts. In this revision, the data provided to third parties by business operators through certain business transactions are protected as "shared data with limited access" 543.   In detail, among valuable data, the data that meet following three requirements, namely (1) Limited provision, (2) Significant accumulation, and (3) Electromagnetic management, are defined as "shared data with limited access" In addition, wrongful acquisition, use and disclosure of such data are newly defined as acts of unfair competition. Also, as remedies to deal with these unfair competitive acts, the revision sets rights to claim injunctions and damages against such acts. Because of this revision, when the data cannot be protected under the Copyrights Act or as trade secrets, but if the data meet certain requirements, such data can be protected as "shared data with limited access", which can become major sources to create new value by sharing with others. Moreover, before the revised Act came into effect, Japan formulated easy-to-understand guidelines that show specific examples of acts of unfair competition and concepts of the requirements for protection of such data under the revised Act. Furthermore, Japan is conducting activities to raise awareness for the importance of such data for companies who are unfamiliar with the data protection system, including MSMEs. 544.   In conclusion, establishing comprehensive IP portfolios plays important roles in maximizing corporate business values and competitive advantages and in promoting innovations. Accordingly, it is indispensable to us in supporting companies, including MSMEs, to establish comprehensive IP portfolios, to include providing a legal and administrative framework. Furthermore, because data utilization has become more diversified, when an IP system is established to comprehensively protect valuable data according to the characteristics of and the utilization of the data, such a system will help to establish strategic IP portfolios which include protection of data, and can promote innovations based on data sharing.