Monday, October 3 2022   \  Published by Kluwer Patent Blog.

Japan: Guidelines for a Transparent and Predictable SEP Licensing Negotiation

Japan: Guidelines for a Transparent and Predictable SEP Licensing Negotiation

On March 31, 2022, the Ministry of Economy, Trade and Industry (METI) publicized the “Good Faith Negotiation Guidelines for Standard Essential Patent Licenses” (hereinafter, the “METI Guidelines”). The METI Guidelines are not legally binding but were created as norms of good faith negotiations to be followed by SEP holders and implementers involved in SEP licensing negotiations including Japanese patents. They set out a four-step negotiation process, clarifying what is expected of the parties during licensing negotiations so that they are recognized to be acting in “good faith”. However, the METI Guidelines are not legally binding and do not guarantee that, even if followed, negotiations will be judged to have been made in good faith in future judicial rulings. Read more

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