著者

平塚 三好

出版者

The Institute of Electrical Engineers of Japan

雑誌

電気学会論文誌. C, 電子・情報・システム部門誌 = The transactions of the Institute of Electrical Engineers of Japan. C, A publication of Electronics, Information and System Society (ISSN:03854221)

巻号頁・発行日

vol.131, no.2, pp.278-282, 2011-02-01

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Assuming that patent trolls would come up in the field of software and the like in Japan in the future, we have proposed countermeasures to apply compulsory license against their exercise of patent right. Specifically, in order to avoid injunctive relief of the patent trolls, we have proposed that the enforcement regulation for Japanese Patent Act Article 83 is overhauled in attempt to broadly construe the provision of "the grant of non-exclusive license where invention is not worked" as "the grant of non-exclusive license where invention will not be worked in the future". Also, we have compared such countermeasures with other countermeasures to apply the principle of abuse of rights to the injunctive relief.