ABSTRACT
In Japan, the decisions by the Intellectual Property High Court (IPHC) in Apple v. Samsung in 2014 set a precedent for the enforcement of FRAND-encumbered standard essential patents (SEPs). Specifically, the IPHC adopted the doctrine of abuse of right to limit grant of injunctions and damages when the standard implementer was a willing licensee. In addition to judicial decisions, the Japanese Fair Trade Commission (JFTC) issued guidelines concerning the application of the Antimonopoly Act to the enforcement of SEPs in 2016, and the Japan Patent Office (JPO) published the “Guide to Licensing Negotiations Involving Standard Essential Patents” in 2018.
