Japan-U.S. Science and Technology Agreement Extended and IP Rules Revised

The Ministry of Foreign Affairs, in the Official Gazette dated the 28th, promulgated Ministry of Foreign Affairs Notice No. 325, announcing that the Protocol concerning the extension of the period of validity and partial amendment of the Agreement between the Government of Japan and the Government of the United States of America on cooperation for research and development in science and technology was signed in Tokyo on October 2, 2026, and entered into force on the same day. The Protocol was signed by Minister for Foreign Affairs Toshimitsu Motegi and Michael Kratsios, representing the Government of the United States of America, and was prepared in two copies, in Japanese and English, both texts being equally authentic.

Transition of Agreement with October 20 Deadline to a Notification-Based Termination Framework

The preamble of the Protocol explicitly states that both governments, recognizing that the period of validity of the subject agreement ends on October 20, 2026, have agreed to its extension. The amended Article 9, Paragraph 1 of the Agreement stipulates that the Agreement shall enter into force upon signature and remain in effect until it is terminated, thereby transitioning to a framework without a fixed expiration date.

Procedures for termination have also been newly established. Either contracting government may notify the other government in writing at any time of its intention to terminate the Agreement, in which case the Agreement shall terminate six months after the date of notification. The amended Article 9, Paragraph 2 provides that the Agreement may be amended by mutual agreement between both contracting governments.

• Original agreement signed in Toronto on June 20, 1988
• Prior to this Protocol, extended and amended by Protocols in 1993, 1998, 1999, 2000, 2004, 2014, 2024, and on January 16, 2026
• This Protocol was drawn up in Tokyo on October 2, 2026, and entered into force on the date of signature

Minister for Foreign Affairs and Director General for Science and Technology Policy Specified as Co-Chairs of the Joint High-Level Committee

The amended Article 5, Paragraph 1 of the Agreement stipulates the establishment of a Joint High-Level Committee, which shall be co-chaired by appropriate high-level representatives of both contracting governments. It is explicitly stated that the chair on the side of the Government of Japan shall be the Minister for Foreign Affairs or their designee, and the chair on the side of the Government of the United States of America shall be the Director General for Science and Technology Policy or their designee.

Regarding operations, each contracting government shall ensure, as necessary and through contracts or other legal means with its own participants, that the other government can acquire rights to intellectual property allocated based on the provisions of the Annex. It was stated that this provision shall not alter or impede the allocation determined by national laws and practices between a contracting government and its participants.

Annex IV Redefines Rights Allocation and Handling of Commercial Secrets

Article 2 of the Protocol completely revises Annex IV (Rights to Intellectual Property) of the Agreement. The scope of application extends to all cooperative activities under the Agreement, unless the governments of both Contracting Parties or their designees agree otherwise. “Intellectual Property” refers to the subject matter listed in Article 2 of the Convention establishing the World Intellectual Property Organization, signed in Stockholm on July 14, 1967, and may include other subject matter agreed upon by both governments.

The main contents of the allocation of rights are as follows:

• Intellectual property created by persons employed or assisted by one government shall be owned by that government.
• Intellectual property created by persons employed or assisted by both governments shall be jointly owned by both governments.
• The creator shall have the right to receive remuneration, bonuses, and royalties in accordance with the policies of their affiliated institution.
• Regarding research papers, articles in scientific and technical journals, reports, and books, each government shall hold a worldwide, non-exclusive, irrevocable, and royalty-free right of use.
• Copies of works distributed publicly shall clearly state the author’s name, unless the author explicitly refuses.
• Information identified in a timely manner as a commercial secret shall be protected in accordance with applicable laws, regulations, and administrative practices.
• Requests to delay the disclosure of an invention shall not exceed six months from the date of disclosure, unless otherwise agreed in writing.

Disputes shall be resolved through discussions between the participating institutions concerned, or as necessary, between the governments of both Contracting Parties or their designees. If an agreement cannot be reached, the matter shall be referred to a binding arbitral tribunal based on the rules of international law, governed by the arbitration rules of the United Nations Commission on International Trade Law. The termination or expiration of the Agreement shall not affect the rights or obligations under the Annex.

Practical Impact on Joint Research by Universities and Research Institutions

This revision directly affects the determination of intellectual property ownership in joint research projects involving Japanese and U.S. universities and research institutions. With the codification of the principle of joint ownership and the right to claim remuneration based on the policies of the affiliated institution, participants must confirm the allocation of rights at the contracting stage. The identification of commercial secrets and the six-month disclosure grace period serve as prerequisites for publication plans aimed at patent applications.

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• Issuing Authority: Ministry of Foreign Affairs
• Official Reference: Ministry of Foreign Affairs Notice No. 325
• Date of Publication: October 28, Reiwa 8 (Official Gazette)
• Signature: October 2, Reiwa 8, Tokyo (Toshimitsu Motegi, Minister for Foreign Affairs; Michael Kratsios)
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