publication . Preprint . 2015

Resolving Standard Essential Patents Issues through Competition Law (Japanese)

KAWAHAMA Noboru;
Open Access
  • Published: 01 Jul 2015
Abstract
The number of disputes relating to standard essential patents (SEPs), in which patent holders submit statements to commit to granting licenses on a fair, reasonable and non-discriminatory (FRAND) basis, have increased. The exercise of SEPs tends to cause problems such as hold-ups and royalty stacking and needs to be constrained somehow. Despite wide recognition of the need to address these problems, devising measures to resolve the issue has not been an easy task since various laws and principles are involved. These include patent and competition laws, as well as the opaque nature of the patent policies adopted by standard-setting organizations in light of relev...
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