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一制度。但加强知识产权保护的同时，也可能带来不良影响。其中有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加以解决。2）作为本课题的具体研究主题，笔者提出了三个问题：（1）知识产权滥用理论与反垄断法;（2）知识产权许可协议的竞争政策评价;（3）反垄断法抗辩主张在诉讼中的作用和效果。首先，在第一部分中，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滥用理论与反垄断法的关系。（3）关于（2），日本政府宣布将修改《反垄断法专利和专有技术许可合同指南》，并公布修改后的版本。到目前为止，新的版本或其草案还没有出来。因此，我分析和考虑了日本，美国和欧盟竞争政策当局如何执行知识产权许可的现状。4）通过这一为期三年的课题，明确了竞争政策在知识产权法领域发挥作用的意义，有必要继续开展以课题（3）为基础的研究，并在此基础上，对知识产权法领域的竞争政策进行研究。没有足够的时间来考虑。

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.