2013 Fiscal Year Final Research Report

Enforcement of standards essential patents

Research Project

Project/Area Number	23653029
Research Category	Grant-in-Aid for Challenging Exploratory Research
Allocation Type	Multi-year Fund
Research Field	New fields of law
Research Institution	University of Tsukuba
Principal Investigator	SHIOMI HISAO 筑波大学, ビジネスサイエンス系, 教授 (80304567)
Project Period (FY)	2011 – 2013
Keywords	特許 / 技術標準 / 独占禁止法 / 契約法 / 特許権の救済
Research Abstract	This research focuses on the enforcement of standard essential patent on injunction and the award for damages. First, Research about the reality of standard setting at Standard Setting Organization (SSO) reveals social functions and problems of standard-setting by SSO. Next research focuses on legal analysis of standard-setting by SSO. Intellectual Property High Court on 16 May 2014 (Samsung standard essential patent case) showed one solution on this problem for the enforcement of standard essential patent in case of FRAND declaration. Comparative law study in US, EU and Japan reveals the differences and common features between these jurisdictions. This analysis is pursued from perspectives of contract law (characterization of FRAND declaration), patent law (remedy of patent right) and competition law.