How Control Intellectual Property Rights from Competition Policy

1)知识产权(IP)变得越来越重要。最近，日本政府在各个领域加强了这项工作。但与此同时，知识产权的加强也可能带来不良影响。其中一些是市场垄断或创新的障碍。据说，这种不利影响可以通过竞争政策来解决。因此，我策划了这个项目，其目的是如何控制过多的知识产权执法。2)作为项目的具体主题，我设定了三个主题：(1)知识产权与反垄断法的滥用理论，(2)从竞争政策角度评估知识产权许可协议，(3)反垄断法主张在诉讼中的作用和效果。首先，就(1)而言，笔者发现了滥用理论在美国知识产权诉讼中的广泛传播以及该理论与反垄断法之间的关系。我认为这一理论在日本也能起到作用。3)关于(2)，GOJ宣布将修订《反垄断法》下的专利和专有技术许可合同指南，并公布修订后的版本。到目前为止，新版本或草案还没有出来。因此，我分析和思考了日本、美国和欧盟竞争政策主管部门在知识产权许可方面的执法现状。4)通过这个为期三年的项目，明确了竞争政策在知识产权法律领域应该发挥作用的意义。有必要继续开展以本项目成果为基础并包含主题(3)的研究，这方面可能没有足够的时间进行考虑。

1) Intellectual property (IP) has been becoming more important. Recently the Government of Japan (GOJ) has strengthened it in various fields. But strengthening of IP, at the same time, may bring with bad effects. Some of them are monopoly in the market or obstacle to innovation. It is said that such an unfavorable effect can be addressed by competition policy. So I planed this project, whose aim is how should control too much enforcement of IP rights.2) As concrete themes of this project, I set three themes ; (1) misuse theory of IP rights and antimonopoly law, (2) estimate of IP license agreement in light of competition policy, and (3) role and effect of assertion of antimonopoly law breech in a suit. First of all, as far as (1), I found how wide misuse theory spread in US IP suits and relationship between the theory and antimonopoly law breech. And I think the theory also can have a role in Japan.3) About (2), GOJ announced that it would revise the Guidelines for License Contracts for Patents and Know-How under the Anti Monopoly Law and publicize the revised version. So far, the new version or its draft is not come out. Therefore, I analyzed and considered current situations how Japan, US and EU authorities of competition policy enforce over IP licenses. As a result of this research, I have made public in the book which I have taken part in as a coauthor.4) Through this three-year project, significance of competition policy that should play a role over IP laws field has been clearly found. It is necessary that continuing to execute research which is based on the outcomes of this project and contains theme (3), for which there could not be time enough to consider.