| Presentation | 2011/5/12 A Discussion on Measures against Patent Troll who inhibits development in industries of information communications and electronics Based on experience of supporting Patent Trolls Mitsuyoshi Hiratsuka, |
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| PDF Download Page | PDF download Page Link |
| Abstract(in Japanese) | (See Japanese page) |
| Abstract(in English) | The innovation speed in the technical field of information communications and electronics is exceedingly fast. For this reason, in the case that Patent Trolls intentionally delay a claim for damages to patent infringer companies, it is likely to be difficult for the companies to recover from damage caused by the delay, even if this delay period is a year or two. Japanese Civil Code provides for the statute of limitations of three years to exercise of right. This however differs from the realities of the technical field in which the delay of a year or two matters materially. Considering as a clue the U.S. doctrine that has been an effective defense to exercise of right with unreasonable delay, we herein propose flexible limitations to such a delayed conduct in preparation for the event that Patent Trolls will come up in the future in Japan. 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 " |
| Keyword(in Japanese) | (See Japanese page) |
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| Paper # | Vol.2011-EIP-52 No.10 |
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| Conference Information | |
| Committee | SITE |
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| Conference Date | 2011/5/12(1days) |
| Place (in Japanese) | (See Japanese page) |
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| Topics (in Japanese) | (See Japanese page) |
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| Paper Information | |
| Registration To | Social Implications of Technology and Information Ethics (SITE) |
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| Language | JPN |
| Title (in Japanese) | (See Japanese page) |
| Sub Title (in Japanese) | (See Japanese page) |
| Title (in English) | A Discussion on Measures against Patent Troll who inhibits development in industries of information communications and electronics Based on experience of supporting Patent Trolls |
| Sub Title (in English) | |
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| 1st Author's Name | Mitsuyoshi Hiratsuka |
| 1st Author's Affiliation | Tokyo University of Science, Department of Intellectual Property Strategy, Graduate School of Innovation Research() |
| Date | 2011/5/12 |
| Paper # | Vol.2011-EIP-52 No.10 |
| Volume (vol) | vol.111 |
| Number (no) | 41 |
| Page | pp.pp.- |
| #Pages | 8 |
| Date of Issue | |