IDEAS home Printed from https://ideas.repec.org/p/eti/rdpsjp/18020.html
   My bibliography  Save this paper

Legal Issues Concerning Standard Essential Patents: International trends and Japan's strategy (Japanese)

Author

Listed:
  • SUZUKI Masabumi

Abstract

This paper analyzes legal disputes and policy responses in major countries (Japan, Europe, United States, and China) in regard to standard essential patents (SEPs) with fair, reasonable, and non-discriminatory (FRAND) declarations, and examines Japan's strategy based on these analyses. In particular, recent court decisions in the European Union (EU), Germany, United States, and China, as well as competitive policy and other policy measures in Japan, United States, and EU are analyzed. In light of this, the paper discusses the legal principles that restrict the enforcement of SEPs and other specific issues including (i) how to negotiate between the patentee and the standard implementers, (ii) how to calculate the royalty that meets the FRAND conditions, (iii) how to settle disputes, and (iv) legal consequences of transfer of SEPs. The paper focuses on the legal principles that restrict the enforcement of SEPs, highlighting the existence of two approaches seen internationally: the contract law approach and the competition law approach, and then analyzing the differences between the two approaches. The paper concludes with a proposal that Japan adopts the contract law approach.

Suggested Citation

  • SUZUKI Masabumi, 2018. "Legal Issues Concerning Standard Essential Patents: International trends and Japan's strategy (Japanese)," Discussion Papers (Japanese) 18020, Research Institute of Economy, Trade and Industry (RIETI).
    • Handle: RePEc:eti:rdpsjp:18020
    as

    Download full text from publisher

    File URL: https://www.rieti.go.jp/jp/publications/dp/18j020.pdf
    Download Restriction: no
    ---><---

    More about this item

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:eti:rdpsjp:18020. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: TANIMOTO, Toko (email available below). General contact details of provider: https://edirc.repec.org/data/rietijp.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.