Japan Fair Trade Commission Publishes Draft Guidelines Concerning Use of Intellectual Property

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On April 27, 2007, the Japan Fair Trade Commission (“JFTC”) published for public comment a draft of the “Guidelines Concerning Use of Intellectual Property” (Chiteki Zaisan no Riyo ni Kansuru Dokusenkinshiho Jo no Shishin) (the “IP Guidelines”). The IP guidelines are revisions of the

“Guidelines for Patent and Know-How Licensing Agreements under the Anti-Monopoly Act” (Tokyo Know-how License Keiyaku ni Kansuru Dokusenkinshiho Jo no Shishin, also referred to as the “Patent and Know-How Licensing Guidelines”) (the “Current Guidelines”), which have been the

subject of a long revision project.

The IP Guidelines expand the scope of the Current Guidelines to include intellectual property rights

other than patents and know-how, and provide a more in-depth treatment of refusals to license than the Current Guidelines. They also make certain revisions to some of the Current Guidelines, as described below.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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