Subject: Re: IPR policy in Japan

From: [email-masked]
Date: Mon, 4 Aug 2003 21:22:52 -0400

More information on the METI IPR topics of interest as they develop an IPR
policy applicable to standards setting in Japan

Topics of interest include the following:

1.  What role should standard-setting organizations play in addressing IPR
issues?

-How and to what extent should essential patents be searched?

-How can a patent holder who initially had no stake be convinced to
participate in standard setting activities?

-How should an SSO respond when a patent holder refuses RAND or RF
licensing?

-What should be the roles of international standard organizations, such as
ISO, IEC, or ANSI, that are active in the global community?  What about the
roles of domestic standard organizations, such as JISC?

2.  Formulation of rules by the policy authorities

-How can non-infringement of antitrust be ensured in establishing forums or
managing patent pools?

-Since business review letter procedure was adopted, 3G and other
organizations have developed new rules.  Will this procedure continue to be
applied to each case?  Do you hear any opinion that some sort of integrated
guidelines should be issued on how patents should be controlled in setting
standards?

-What should be done to disseminate new rules in patent pools, such as
Maximum Cumulative Royalty (MCR) established after the formulation of MPEG?

-What perspectives do policy authorities including FTC, DOJ, and USPTO have
on illegitimate amount of royalty demand by a third party?

-Is enforcement of mandatory license to restrict proprietary right of a
third party patent holder less cumbersome, if the technology standard in
question is an international-such as ISO or IEC--or national-such as ANSI or
JIS--standard, compared to the case with a forum standard developed among
private enterprises?  In other words, do you find it appropriate to
differentiate de jure standard from others in terms of implementation of
intellectual properties?

3.  Recent issues in the United States

-Has the argument to limit copyright on the Net brought any impact on
standard and intellectual property issues?  Did Rambus case and other
experiences accelerate debate in this area?

-How did the meeting at MIT in December last year influence standard and
intellectual issues?  How is the significance of this meeting rated?

-Are there differences between views of Europe and those of America with
regard to standard and intellectual properties?

-Do stances on standard and intellectual properties vary according to
industry or types of occupation?

----- Original Message ----- 
From: <[email-masked]>
To: <[email-masked]>; <[email-masked]>
Sent: Monday, July 28, 2003 10:21 AM
Subject: IPR policy in Japan

> Please excuse this posting which some may consider off topic... my
rationale
> for sending is that list members are among the most knowledgeable person
in
> the world concerning IPR policies and standards setting and therefore may
> have a stake or interest in relevant government policies around the world
>
> GTW Associates is assisting the Mitsubishi Industrial Research
Organization
> advise the Japanese Ministry of Economy Trade and Industry (METI) on an
IPR
> policy applicable to standards setting in Japan.
>
> List members may find this March 14  METI posting   A Pilot Model for
> Disclosing Patent and Technical Information at
> http://www.meti.go.jp/english/information/data/cIPPilotModele.html  to be
of
> interest
>
> GTW Associates is arranging meetings in Washington for  Mr. Yamauchi,
> Director, Industrial Standards Research Office of the Ministry of Economy,
> Trade and Industry  during the week of August 11- August 15.
>
> Please reply indicating days and times available  if you believe it would
be
> mutually beneficial to meet
>
>
> George T. Willingmyre, P.E.
> President
> GTW Associates
> 1012 Parrs Ridge Drive
> Spencerville, MD 20868  USA
> 301.421.4138  fax 301.421.0977
> http://www.gtwassociates.com
>

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