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本間忠良　衝撃の新刊　知的財産権と独占禁止法−−反独占の思想と戦略

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経済法あてはめ演習60選（日本語）Antimonopoly Act  Exercise 60 Cases

情報革命についてのエッセイとゴシップ（日本語） Essays and News on Information Revolution

論文とエッセイ（日本語）Theses and Essays

WANTED -- TEACHING OPPORTUNITY ABROAD

A very talented Japanese law professor is seeking a teaching job in a foreign university.  As seen in his curriculum vitae below, he has a long and successful carrier as a business executive, government official and university professor.

As a business executive, he has a long history of fighting against American business/government complex, including a number of antitrust/intellectual property lawsuits, Tariff Act antidumping/Section 337 and Trade Act Section 201/301 cases. During his affiliation with a Japanese electronic giant, Mitsubishi, he was also a member of leading Japanese government councils and represented Japan Federation of Economic Organizations ('Keidanren') at the Uruguay Round negotiation.

At the close of the Uruguay Round negotiation, he turned to the teaching job at Chiba University as a law professor (feeling no more national need for a trade-war fighter).

Three years later, however, he took up a position as a Commissioner, Japan Fair Trade Commission, at the personal request of then Prime Minister Obuchi.  During his five-year tenure as a Commissioner, he led, in particular, a series of technology-oriented anti-monopoly cases and also initiated an epoch-making reform of the Anti-Monopoly Act of Japan, which took effect as of January 1, 2006.

At the close of his tenure as a Commissioner, he again took up a teaching position as a law professor at Nihon University Law School, one of the Japan's leading new-born law schools and is currently teaching there intellectual property, competition and international trade laws. 

At the age of seventy-one, his physical and intellectual capabilities are at his highest, jogging three miles every morning and writing a book provisionally entitled "Intellectual Property--Its Dogmas and Ideology."  Although his current status is fairly comfortable, he feels a strong internal urge to convey his life-long experiences as an international trade-war fighter to the people who recently joined or are shortly to join the World Trade Organization.

As a remuneration, he requests at least twenty million yen a year plus reasonable travel/moving/accommodation expenses.  Anyone interested in his offer may contact him directly at his e-mail addresses below. 

Curriculum Vitae

Awards Received:

April 2006                          The Imperial Order of the Rising Sun and Gold Rays with Neck Ribbon.

Occupational Background:

2008-                                 President, The Strategist, Inc.                       

2004-2008                         Professor of Law, Nihon University Law School.

1998-2003                         Commissioner, Fair Trade Commission of Japan.

1996-1998                         Professor of Law, Faculty of Law & Economics, Chiba University.

1994-1996                         Executive Officer, Mitsubishi Electric Corporation ("Mitsubishi").

1989-1996                         General Manager, Intellectual Property Department, Mitsubishi.

1971-1989                         Deputy General Manager, Law Department, Mitsubishi.

1964-1971                         Sales Promotion Department, Tokyo Marketing Office, Mitsubishi.

Academic Background:

1993-1996                         Lecturer, Chiba University (part-time).

1987-1998                         Lecturer, Waseda University (part-time), representing Federation of Economic Organizations (“Keidanren”).

1971-1973                         University of Chicago, Political Science Department (sponsored by Mitsubishi).

1961-1964                         University of  Tokyo, Graduate Social Science Department (International Law), LL.M.

1957-1961                         University of Tokyo, Faculty of Law, BA.                                                   .

Affiliation to Major Public Organizations:

2004-2008                        Member, Industrial Structure Council, Ministry of Economics, Trade and Industry (“METI”).

1994-2008                        Member, International Economic Law Association.

1992-1996                         Chairman, Intellectual Property Committee, Japan Machinery Export Association (‘JMEA’).

1991-1992                         Chairman, Copyright Committee, Electronic Industries Association of Japan.

1991-1998                         Member, Industrial Structure Council, Ministry of International Trade and Industry (“MITI”).

1986-1994                         Vice-Chairman, Uruguay Round Committee, Keidanren.

1985-1994                         Member, Competition Policy Committee, MITI.

1964-2008                         Member, International Law Association.

Major Recent Academic Works (*Asterisks denote works written in English. For neutrality consideration, works done during my FTCJ service are published in my personal homepage <http://www17.ocn.ne.jp/~tadhomma/> only):  

February 2011                   INTELLECTUAL PROPERTY RIGHTS AND THE ANITI-MONOPOLY ACT OF JAPAN (Japan Institute for Invention

                                          and Innovation)                   

May 2006                          Fetishism and Euphoria--A Historical Analysis of Misuse and Antitrust Court Decisions in the U.S., in THE 21ST CENTURY

                                         VISION OF INTELLECTUAL PROPERTY (Intellectual Property Institute).

May 2006                          Intellectual Property and Competition Law, in FAIR TRADE (Fair Trade Association).

December 2005                 U.S. TRADE ACTS AND THEIR OBSESSIONS.

November 2005                VISUAL CONTENTS AND COMPETITION LAW.

September 2005                INTERNET REVIEW.

August 2005                      Intellectual Property and Anti-Monopoly Act, in Kawagoe ed., ECONOMIC LAWS FOR PRACTITIONERS (Minjiho

                                         Kenkyukai).

August 2005                      TECHNOLOGY LICENSING AND ANTI-MONOPOLY LAW.

August 2005                      NET MUSIC AND ANARCHO-CAPITALISM.

August 2005                      TRADE SECRETS--LAWS AND CASES.

February 2005                   *TRIPS AND BEYOND.

August 2004                      A STUDY IN DIGITAL ECONOMY.

June 2004                          *IMPORTATION RIGHT AGAINST FOREIGN-MADE CDS--JAPAN'S CULTURAL AUTISM.

April 2004                         WHY IS CARTEL BAD? .

March 2004                       INFORMATION REVOLUTION AND ITS ENEMIES.

February 2004                  ‘INDIVISUALITY’ EXPLOSION IN INFORMATION REVOLUTION.

August 2003                      NET COMMUNITY--THE PRIME MOVER OF INFORMATION REVOLUTION.

January 2003                     A STUDY IN E-BIZ MODELS.

November 2002                *JET'S GRAND DESIGN FOR COMPETITION POLICY IN THE 21ST CENTURY.

August 2002                      BATTLE OVER MACRO-ARCHITECTURES TOWARDS MONOPOLY.

January 2001                     ON BUSINESS WAR.

February 2001                   *WHERE DO WE GO FROM HERE?.

September 1999                World Patent Right as a Historical Necessity--Realism, Functionalism and Politicization, in PATENT STUDIES (Patent Office).

August 1998                      Frontier of Technology Laws--Beyond ‘Young Report,’ in PATENT NEWS.

June 1998                          The Supreme Court Decision in BBS Case--Its Evaluation and Problems, in TRIPS PROBLEMS (JMEA).

January 1998                     Warner Jenkinson v. Hilton Davis, AMERICA LAW REVIEW (Anglo-American Law Association).

December 1997                 Technology and Competition--An Illusion of the U.S. 'Pro-patent' Movement, in PATENT (Patent Agent Association).

August 1997                      Markman v. Westview, AMERICA LAW REVIEW (Anglo-American Law Association).

August 1997                      Cold War Games in the U.S.-EC Agriculture Conflicts, in Matsuda ed., INTERNATIONAL LAW IN A TRANSITION (Kokusai Shoin).

June 1997                          *TRIPS and After--A Realist’s View, in CHIBA UNIVERSITY LAW JOURNAL.

May 1997                          The Failure of Intellectual Commodity Market and the Role of Lawsuits, in JOURNAL OF INDUSTRIAL PROPERTY LAW ASSOCIATION.

February 1997                   The Uniqueness of the TRIPS Agreement--A System for Creation and Distribution of Monopoly Rents, in TARIFFS AND TRADE (Tariff Association).

October 1996                    TRIPS' 21st Century World View, in JOURNAL OF INTERNATIONAL ECONOMIC  LAW (International Economic Law Association).

May 1996                          Litigating Patents in the U.S., in Kashiwagi, ed., JAPANESE BUSINESSES & THE LAW (Tokyo University Press).

May 1995                          Technology and Trade--Trends in Intellectual Property, in INVENTION (Japan Institute for Invention & Innovation).

March 1995                       Predation and Competition, in Matsushita ed., BUSINESS BEHAVIOR AND THE LAW (Kokusai Shoji Homu).

October 1994                    The Civil RICO Act and Patent-Related Predicate Act, in PATENT STUDIES (Patent Office).

May 1994                          URUGUAY ROUND HAS CHANGED THE WORLD TRADE (Chuo-Keizai-Sha).

January 1994                     The Trends in Intellectual Property, in INVENTION (JIII).

October 1993                    The Transition of Software Copyright Cases in the U.S., in SYSTEMS AUDIT (Systems Auditors Association).

July 1993                           Competition and Intellectual Property, in Matsushita ed., EC ECONOMIC LAW (Yuhikaku).

August 1992                      Managing Intellectual Property Disputes, in TECHNOLOGY & ECONOMY.

April 1991                         *THE TV WAR, presented at the Pacific Lawyers' Association, Beijing Conference.

September 1986                ‘Use' License of Computer Programs, JURIST.

Major Lawsuits I Took Responsibility (Mitsubishi's Intellectual Property Licensing Department had an exclusive responsibility to decide upon IP-related lawsuits):

1970-83                            U.S. v. Westinghouse/Mitsubishi, 648 F. 2d 642 (9th Cir. 1981), won.

1970-86                            Zenith et al v. Matsushita, et al, 106 S. Ct. 1348 (1986), won.

1983-86                            AGIE v. Mitsubishi (D.C.N.Ill/Munich, Germany), settled.

1985-86                            Tandon, Double-sided Flexible Disk Drive, 337-TA-215 (1986), won.

1986-87                            TI, Dynamic Random Access Memories, 337-TA-242 (1987), settled.

1992-94                            Pabst v. Mitsubishi (S.D.C.N.Y), favorably settled.

1993-95                            Mitsubishi v. Lemelson (D.C. Nev.), favorably settled.

1993-94                            National Semiconductor v. Mitsubishi (N.D.C.Ca.), settled.

1992-97                            Wang v. Mitsubishi, 103 F. 3d 1571 (Fed. Cir. 1997), won.

1995-                                IMS/Hurco v. Mitsubishi et al (D.C.N.Ill.), pending.

Major IP Negotiations I Took Responsibility (Mitsubishi's Intellectual Property Department had a responsibility to decide monetary terms together with related business divisions):

Westinghouse (1991). IBM (1976/81/86/91/96). AT&T (1979/84/89/93). TI (1981/86/91). Motorola (1990). Intel (1987). Hyatt (1995) and countless others.