Protecting Intellectual Property and Brands
Basic approach
“The SoftBank Code of Conduct” for all executives, employees, and group company personnel states that, “We recognize the importance of intellectual property rights, and will respect the intellectual property rights of others, and promote the appropriate protection and utilization of our own intellectual property rights.” Our intellectual property strategy lays out the core principles for how we intend to enhance corporate value and contribute to the industrial development of society as a whole by striving to create, protect, and utilize intellectual property while at the same time respecting the intellectual property rights of others.
We see this intellectual property strategy as being a foundation for our business, technology (R&D), sales and other key strategies, and continuous promotion of the intellectual property strategy helps us to enhance the competitiveness of our services, to maintain and expand our customer bases, and also to stay ahead of our competitors. Moreover, we are striving to resolve societal challenges by undertaking our own digital shift that takes maximum advantage of leading technologies such as AI and the IoT, and by serving as a flagbearer promoting the digital transformation (DX) of society and industry.
Organization
Along with our core telecommunications business, the active pursuit of new business expansion utilizing leading-edge technologies and business models calls for us, more than ever before, to go about our activities with a strong and comprehensive sense of ethics and responsibility to ensure compliance across all areas, including intellectual property.
Our intellectual property division, having responsibility for administering intellectual property, has been promoting our intellectual property strategy by strengthening engagement with the other operational divisions responsible for other key strategies such as business, technology (R&D), and sales. In addition, in terms of enhancing corporate governance and ensuring its effectiveness, we also take a multi-faceted approach to establish the organizational infrastructure required both for the risk control functions relating to intellectual property, and to ensure that our business is conducted in a strategic and efficient manner.
By maintaining a strong sense of ethics and responsibility to ensure compliance across all areas, including intellectual property, the intellectual property division will contribute to enhancing corporate value.
Structure for
maintaining and enhancing
the SoftBank brand image
We acquire and manage approximately 700 trademarks to protect our brands not only our core business in the telecommunications field but also new business areas, such as mobility, healthcare, big data, and AI.
To maintain and enhance the SoftBank brand image, the intellectual property division and branding division respectively are working together to ensure appropriate brand management, and striving to prevent any negative impacts on customers who put their faith in the SoftBank brand.
Along with preparing rules and manuals, the branding division also regularly reviews actual brand usage and supports the business by providing an in-house point of contact for inquiries relating to brand use.
Main Activities |
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Major initiatives
Strengthening intellectual property governance
in our group and fostering talent
With the aim of achieving the early rollout of new business models that draw on leading-edge technologies from around the world, we are working to expand opportunities for intellectual property, from the intellectual property due diligence conducted prior to the establishment of an operating company through to the subsequent measures that include putting intellectual property rules in place, fostering talent in the field of intellectual property, and encouraging acquisition of intellectual property rights. This also involves working together as a group to establish governance structures, including the formulation of standards for intellectual property governance and conducting periodic assessments of relevant subsidiaries and affiliates according to their corporate phase. We have also hosted workshops on intellectual property practice in partnership with SoftBank Group Corp. The aim of these has been to achieve a deeper and more comprehensive intellectual property strategy for the group as a whole by sharing expertise in intellectual property practice while maintaining the independence of individual group companies.
Furthermore, a course on SoftBank's intellectual property strategy entitled Practical Challenges and Responses by SoftBank Legal has been run since 2019 by the Advanced Business Law Program, part of the World-leading Innovative Graduate Study Program at the University of Tokyo, primarily aimed at educating university undergraduate and graduate students in intellectual property.
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- *1Ministry of Economy, Trade and Industry “Connected Industries” For more information, please click here.
- *2Due Diligence
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Eliminating unauthorized
use of brands that
threatens multi-brand strategy
If we fail to take action against counterfeit goods or services from other companies that make unauthorized use of our brands, it not only invites damage to the brand image and the flow of illicit funds, but it also has the potential to put at risk the health and safety of customers who put their faith in the brand.
To detect unauthorized use of brands by other companies and act rapidly to eliminate or prevent such infringements, we are strengthening cooperation with the intellectual property divisions of the group companies licensed to use the SoftBank, Y!mobile, and LINEMO brands that form part of our multi-brand strategy, working together as a group on measures for enhancing brand value. In addition to border enforcement measures (import seizures by Japan Customs and training for customs officers to distinguish counterfeits), we are also continuing to make information publicly available to help address the problem by exchanging information with industry organizations and government agencies.
Approach to cases
Counterfeit goods on e-commerce sites and fraudulent advertisements on social media have spread globally, with the methods becoming more sophisticated and malicious. Additionally, unauthorized trademark applications that exploit our brand are also being observed in various countries.
To address these issues, we are strengthening our monitoring to detect trademark infringements related to counterfeit goods and inappropriate advertisements. We are also handling legally based injunctions for use and import, as well as oppositions and invalidation trials against unauthorized trademark applications.
By continuing to take a firm stance against counterfeit products, we will be ensuring appropriate brand management, enhancing our brand image, and striving to prevent any negative impacts on customers who put their faith in the SoftBank brand.
Examples of past cases
“OTOSAN” of Shirato family | Taking action against counterfeit goods | We filed a sales injunction request to e-commerce sites against imitations of our novelty product (bath mats) and submitted an import injunction request to Japan customs.
Genuine goods / Counterfeit goods |
Genuine goods / Counterfeit goods |
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Taking action against unauthorized trademark application | We filed an opposition to a trademark application in Class 25 (raincoats, theatrical costumes) in China.
Image of unauthorized trademark in a third-party application |
Image of unauthorized trademark in a third-party application |
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HeartBuds | Taking action against counterfeit goods | We utilize trademark rights, design rights, and copyrights to file sales injunction requests against counterfeit goods. In addition to submitting import injunction requests to Japan customs as well as to Korean customs and export injunction requests to Chinese customs, striving to prevent the spread of counterfeit goods.
Genuine goods Counterfeit goods |
Genuine goods Counterfeit goods |
Pocket WiFi | Taking action against counterfeit goods | We filed sales injunction requests to e-commerce sites and import injunction requests to Japan custom against mobile routers with our trademarks ‘Pocket WiFi’ (Registration No. 5850557) and ‘Ultra WiFi’ (Registration No. 5483306). Additionally, to prevent the genericization of our trademarks, we continue to engage in trademark marking and public awareness campaigns. Image of unauthorized products of third parties with our registered trademarks |
Image of unauthorized products of third parties with our registered trademarks |
Establishment of data
integration platform
In accordance with the Unfair Competition Prevention Act and Copyright Act, we are strengthening cooperation with internal divisions that are responsible for data management and those that are promoting the utilization of data. We are also working to determine guidelines for the appropriate management of internal and external data, and to establish the platform for strategic use of data.
Furthermore, by working with the police on ongoing monitoring to identify and take down phishing sites, we are also helping to create an environment in which people can use data with security.
Contributing to a sustainable society and practical
measures for resolving challenges
Smart building solutions
SoftBank Corp. offers its Smart Work Solution to help make offices more comfortable and to support diverse working practices, including the wider use of remote work as part of working style reform and in response to COVID-19. With a particular focus on the technologies that go into realizing the business model for Smart Work Solution, we are working to establish a patent portfolio that will differentiate SoftBank Corp. and deliver competitive strength.
This includes adopting a variety of practices in our creation and utilization of intellectual property, not least of which is open innovation.
Institute for AI and Beyond
SoftBank Corp., together with the University of Tokyo and other organizations, has established the Institute for AI and Beyond as a world-class artificial intelligence (AI) research institute and embarked upon joint research. The institute has adopted a two-pronged strategy that combines medium- to long-term research into leading-edge AI with “high-cycle research” that aims to commercialize this work. Another key aim is to establish an ecosystem that can deploy the benefits of this commercialization back into further research and into fostering the next generation of AI talent.
SoftBank's Next-generation
Battery Lab
Established to facilitate the early commercialization of the next generation of safe and lightweight batteries with high energy density, SoftBank Corp.'s Next-generation Battery Lab is engaged in the evaluation and testing of a variety of such batteries from around the world. In addition to sharing the know-how acquired from this work with public research institutions, universities, battery manufacturers, and various other partners to help raise the level of next-generation battery development, we will also manage the resulting intellectual property in a way that, while cognizant of which aspects are open and which are closed, ensures that the benefits are enjoyed by both ourselves and our partners.
High-altitude Platform Station (HAPS)
SoftBank Corp. has also acquired approximately 200 patents (including some that are pending patent applications) relating to high-altitude platform station (HAPS) from Loon LLC, a subsidiary of Alphabet Inc. in the United States. When combined with the patents acquired in its own right, we now have the world's largest portfolio of HAPS-related patents, totaling around 600 (as of March 2023, including pending patent applications).