Recycling Efforts and Patent Rights Protection in the United States and Japan
Mizuki Sally Hashiguchi
On January 31, 2006, a ruling by Japan’s Intellectual Property High Court sent a shockwave through the Japanese recycling industry. In Canon Inc. v. Recycle Assist Co., the Grand Panel issued an injunction against Recycle Assist’s recycling activities for infringing Canon’s Patent No. 3,278,410. Recycle Assist had been selling recycled Canon-brand ink cartridges. Recycle Assist’s goods were produced by refilling used Canon ink cartridges with ink. Recycling a single ink cartridge can conserve three quarts of oil and approximately 2.5 pounds of plastic.
Greenpeace reports that the annual amount of discarded electronic products is increasing dramatically. The world generates approximately 20 million to 50 million tons of electronic waste every year. According to Greenpeace, packing this amount of electronic waste in train containers could create a train that is as long as the Earth’s circumference. At the same time, electronic waste accounts for only five percent of the total municipal solid waste in the world. Recycling efforts are crucial for reducing the large volume of waste including discarded electronic products.
Independent recycling companies such as Japan’s Recycle Assist have developed an ink cartridge recycling industry. They collect used products originally manufactured by large companies like Lexmark, Canon, Epson, Hewlett Packard, Fujitsu, NEC, Xerox, and Casio. The recycling companies then refurbish the used products and resell them at a price lower than the original retail price. Major manufacturers like Hewlett Packard, Lexmark, Canon, and Fuji Photo Film also recycle products that their own consumers used.
This Note shows that courts in the U.S. and Japan often do not permit a recycling company’s patent infringement simply because the company’s recycling activities contribute to the conservation of environmental resources. This Note further suggests that recycling companies in the U.S. and Japan should take measures to continue their recycling activities without violating intellectual property rights by, for example, obtaining patents for their unique recycling methods or purchasing licenses from original manufacturers of electronic products.
Part I discusses the legal doctrine and business practices underlying the cases involving recycling activities and patent infringement in the U.S. and Japan. Next, Part II shows that courts in the U.S. and Japan have been unwilling to legitimize patent infringement on the grounds that the activity contributes to recycling. Finally, Part III presents examples of measures in the U.S., Japan, and Europe that protect intellectual property rights while promoting recycling activities.
