Japan's Balanced Approach To SEP Licensing

By David Kappos (August 13, 2018, 10:49 AM EDT) -- On June 5, 2018, after a substantial period of consultation with the public, the Japan Patent Office released the final draft of its "Guide to Licensing Negotiations Involving Standard Essential Patents." As suggested by its name, the guide summarizes issues that arise in standard-essential patent licensing negotiations with the goal of promoting transparency among negotiating parties and resolving disputes. In summarizing the major sources of disputes involving SEPs, the guide does not fault SEP implementers for seeking access to cutting-edge technology at the lowest possible price. Nor does it lay blame on SEP holders or imply that patents are stifling technological...

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