Case | HBS Case Collection | 1994 (Revised from original 1990 version)

IBM-Fujitsu Dispute

by Joseph L. Badaracco Jr.

Abstract

Describes a dispute between IBM and Fujitsu over allegations that Fujitsu stole proprietary IBM software for controlling mainframe computers. Also describes a novel arbitration agreement intended to resolve the dispute, an overview of intellectual property law in the United States and Japan, and background on the question of whether Japan is a peculiarly imitation society. The main teaching objective is to show students the differing approach to intellectual property law in the two countries and the problems these create for trade and for company management.

Keywords: Trade; Ethics; Intellectual Property; Law; Negotiation Process; Relationships; Software; Information Technology Industry;

Citation:

Badaracco, Joseph L., Jr. "IBM-Fujitsu Dispute." Harvard Business School Case 390-168, October 1994. (Revised from original March 1990 version.)