Antitrust Law Daily Wrap Up, ANTITRUST NEWS: Japan Fair Trade Commission requests comments on amendment to “Guidelines for the Use of Intellectual Property under the Antimonopoly Act”, (Jul 16, 2015)

By Jody Coultas, J.D.

The Japan Fair Trade Commission (JFTC) has stipulated “Guidelines for the Use of Intellectual Property under the Antimonopoly Act” and “Guidelines on Standardization and Patent Pool Arrangements” to address issues related to essential patents. In industries experiencing remarkable technological innovation, such as the information technology sector, those concerned often set standards jointly on the methods of information transmission and connection among different models in order for rapid launch and expansion of the market for new products. In some cases, holders of patents essential for implementation of the functions and effects prescribed in the standards claim for injunctions against those who use such essential patent inside and outside of Japan.

However, JFTC found that the guidelines have limited descriptions about the acts found to constitute an exercise of right on its face and the Antimonopoly Act does not put forth any principles regarding the practice described above.

After conducting a survey on the issues related to essential patents, JFTC drafted the partial amendment of the “Guidelines for the Use of Intellectual Property under the Antimonopoly Act.” JFTC seeks public comments from interested parties.

Comments in Japanese may be emailed, faxed, or sent by mail to the JFTC no later than 18:00 (JST), August 6, 2015.

News: Antitrust