(日）SEP論考紹介 「特許庁SEP手引の改訂」松永弁護士 SEP paper on "JPO's SEP licensing guide" by Shogo Matsunaga

https://se1910.com/wpadmin/wp-content/uploads/2022/12/AIPPI-English-Journal-vol47_no6_p343.pdf

松永章吾弁護士（ゾンデルホフ＆アインゼル法律特許事務所、パートナー）のSEP論稿の提供を受けたので紹介させていただく。全文を閲覧できる。

Revision of Japan Patent Office “Guide to Licensing Negotiations Involving Standard Essential Patents”

By Shogo Matsunaga, Attorney-at-Law, Sonderhoff & Einsel Law and Patent Office

特許庁の「標準必須特許のライセンス交渉に関する手引き」の改訂について

「Revision of Japan Patent Office “Guide to Licensing Negotiations Involving Standard Essential Patents”」が「A.I.P.P.I.（英文ジャーナル）」誌 Vol.47 No.6（2022年11月号）掲載

Introduction

The Japan Patent Office (JPO) formulated the first edition of the Guide to Licensing Negotiations Involving Standard Essential Patents (JPO Guide)1 in June 2018. The revised version was published as the Second Edition2 on June 30, 2022.

The purpose of the formulation of the JPO Guide is to provide predictability by organizing information in such a way that companies unfamiliar with licensing negotiations can feel confident at the negotiating table and enhance good faith among the parties.

While an increasing number of relevant court decisions are being made in all countries, this effort, a world first, is valuable and highly regarded.

That said, in order to achieve the guide’s purpose, it is essential that subjective principles and policies representing the interests of SEP holders and implementers are eliminated. And, it is equally essential that the content of the JPO Guide is objective and based on both judicial rulings rendered by courts in major countries as well as on quasi-judicial rulings of competition law authorities.

The author participated in the study group of experts for this revision and has also held been a member of the review committees for the two SEP guidelines of the Ministry of Economy, Trade and Industry (METI) -- the Guide to Fair Value Calculation of Standard Essential Patents for Multi-Component Products, April 21, 2020, (METI’s First Guidelines), and the Good-Faith Negotiation Guidelines for Standard Essential Patent Licenses, March 31, 2022, (METI’s Second Guide- lines).

In this article, the author examines the content of the revision of the Second Edition with regard to the four issues that have become topics of heated debate in public comment. Opinions for future revisions to the JPO Guide are also offered.