Chapter 3 第3章110The spread of the IoT (Internet of Things) is causing major changes in licensing negotiations for Standard Essential Patents (SEP), which are the patents essential in implementing standards in the eld of wireless telecommunications and the like. SEP licensing negotiations in the Information and Communication Technology (“ICT”) eld, which traditionally took place chiey among ICT companies, now often take place between ICT companies and companies in other industries, and it is becoming harder to resolve disputes through cross-licensing. In addition, divergent perspectives on essentiality and licensing rates are fostering unease over SEP-related negotiations and disputes. In these circumstances, the JPO is advancing initiatives to enhance transparency and predictability of SEP licensing negotiations, and to facilitate negotiations between rights holders and implementers.1) Guide to Licensing Negotiations Involving Standard Essential Patents＊1SEP disputes occur globally, and there are a wide range of associated legal and practical issues. In addition, with companies from a broad spectrum of industries now involved in SEP licensing negotiations, it would be benecial to provided appropriate information that would help parties without experience in this eld to engage in licensing negotiations more eectively and eiciently, forestall disputes, and achieve early dispute resolution. Therefore, the JPO analyzed international situations and created the “Guide to Licensing Negotiations Involving Standard Essential Patents” (published June 2018), to present factors to be considered when engaging in negotiations.• The guide is intended to summarize issues concerning licensing negotiations as objectively as possible based on the current state of court rulings, the judgment of competition authorities, and licensing practices, etc.• The guide describes what actions parties can take to be recognized as “negotiating in good faith”, how to engage in negotiations eiciently, and factors to be considered in determining a reasonable royalty, etc.• The guide will be updated continuously as a “living” guide.2) Implementation of the New Operation of Advisory Opinion System to Determine Standard EssentialityFrom April 1, 2018, the JPO commenced operation of the Hantei (advisory opinion) system, which utilizes JPO’s technical expertise to determine whether a specic patented invention qualies as a standard essential patent (SEP), with the aim of facilitating licensing negotiations involving SEPs and speeding up dispute resolution.3) International Symposium towards Solving Disputes over SEPs (March 2018, Japan)The JPO and the Research Institute of Economy, Trade and Industry (RIETI) jointly hosted an international symposium to discuss issues concerning SEP licensing negotiations. Debates of the major issues by experts from a variety of backgrounds stimulated global discussion. [Picture 20]• Prominent IP experts, legal professionals, and corporate IP practitioners from various nations were on stage.• Panel discussions were conducted as to how to approach SEP licensing negotiations, royalty calculation methods and utilization of international arbitration etc.• Discussions were broadcast via online video＊2 (more than 27,000 views).3Initiatives on Standard Essential Patents＊1Englishhttps://www.jpo.go.jp/e/system/laws/rule/guideline/patent/document/seps-tebiki/guide-seps-en.pdf＊2https://live.nicovideo.jp/gate/lv311499997International Symposium towards the Resolution of Disputes Concerning SEPs標準必須特許を巡る紛争解決に向けた国際シンポジウムPicture 20 写真20
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