Wednesday, November 25, 2015

Seem Unlikely to Change Japanese Injunction System against PAE and SEP

Japan government formed a committee to discuss how intellectual property dispute-settlement system should be. The first topic was injunction system. In particular, the committee discussed whether the right to demand injunction of patent holders should be limited in some cases, considering recent cases such as enforcement based on standard essential patents (SEP) and enforcement by patent assertion entity (PAE).

The bottom line is that they decided that the right to demand injunction should not be limited in a single uniform way, but   should be considered on a case-by-case basis, under the theory of abuse of right and/or competition law, in both cases of SEP and PAE, because it is essential part of patent right to allow to exclusively execute the invention. 

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