RIETI Policy Seminar

Standards and Intellectual Property: Strategies Japan should adopt in light of current global trends (Handouts)

Information

  • Time and Date: 13:30-17:30, Friday, December 8, 2017 (Registration starts at 13:00)
  • Venue: RIETI's seminar room (METI Annex 11th floor, 1121) 11th floor, Annex, Ministry of Economy, Trade and Industry (METI) 1-3-1, Kasumigaseki Chiyoda-ku, Tokyo
  • Host(s): Research Institute of Economy, Trade and Industry (RIETI)

Handouts

Opening Remarks

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YANO Makoto (President and CRO, RIETI / Professor, Institute of Economic Research, Kyoto University)

Bio

Makoto YANO is President and Chief Research Officer of Research Institute of Economy, Trade and Industry (RIETI); and Professor of Institute of Economic Research, Kyoto University (KIER). He serves as a Council Member of Science Council of Japan.
Previously, he was a Professor at Keio University; a Professor at Yokohama National University; and an Assistant Professor at Cornell University. He also served as Director of KIER, and as President of Japanese Economic Association (2008-2009).
He holds a Ph.D. in economics from University of Rochester.
His current research interests are dynamics, law and economics, and market quality.
His major works include: The Japanese Economy – A Market Quality Perspective (editor), Keio University Press, 2008; Nonlinear Dynamics in Equilibrium Models: Chaos, Cycles and Indeterminacy (co-editor), Springer, 2012.
He has published a number of papers including: "A Two–Country Game of Competition Policies", Review of International Economics, 2011 (with T. Honryo); "The Foundation of Market Quality Economics", The Japanese Economic Review, 2009; "Aid, Non-Traded Goods and the Transfer Paradox in Small Countries", American Economic Review, 1999 (with J. Nugent).

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Presentation 1: Standards and IP–From the viewpoint of economics–

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Anne LAYNE-FARRAR (Vice President, Charles River Associates)

Bio

Dr. Anne Layne-Farrar is a vice president in the Antitrust & Competition Economics Practice of CRA and an adjunct professor at Northwestern University School of Law. She specializes in antitrust and intellectual property matters, especially where the two issues are combined. She advises clients on competition, intellectual property, regulation, and policy issues across a broad range of industries and has worked with some of the largest information technology, communications, and pharmaceutical companies in the world.
Dr. Layne-Farrar has advised clients and provided economic testimony around the world, including in the United States, Europe, China, India, and South Korea. She has also provided economic submissions before a number of regulatory bodies, including the U.S. Supreme Court, the U.S. Federal Trade Commission, the U.S. Department of Justice, the U.S. Senate, the European Commission, and MOFCOM. Additionally, she regularly presents at academic and industry conferences around the world and is widely published.

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Presentation 2: Dynamic Effects of Patent Pools: Evidence from inter-generational competition in the optical disc industry

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SHIMBO Tomoyuki (Associate Professor, Kanto Gakuin University)

Bio

Dr. Tomoyuki Shimbo is an associate professor at the College of Business Administration at Kanto Gakuin University. He received a Ph.D. in Commerce from Hitotsubashi University in 2007. In 2008, he joined the Faculty of Humanities and Social Sciences, Yamagata University, as a lecturer, and in 2011, became an associate professor. His current research interests include R&D management, inventors' networks, M&A, and patent pools.

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Presentation 3: FRAND as Private Law and Public Law

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Jorge L. CONTRERAS (Professor, University of Utah S.J. Quinney College of Law)

Bio

Professor Jorge L. Contreras is an internationally known expert in the field of intellectual property law and the intersection of patents, antitrust law, and technical standardization. He has published over 100 scholarly articles and book chapters and is the editor of the American Bar Association's (ABA) "Standards Development Patent Policy Manual" (ABA Publishing 2007) and the "Cambridge Handbook of Technical Standardization Law" (Cambridge Univ. Press 2017). His work has been cited with approval by the U.S.
Federal Trade Commission, the European Commission, and courts in the United States, Europe, and Brazil.
He serves on the IPR Policy Committee of the American National Standards Institute (ANSI) and has previously served as chair and co-chair of the American Bar Association (ABA) Section of Science & Technology Law Technical Standardization Committee, and as a member of the National Academy of Sciences' Committee on IP Management in Standard-Setting Processes. As a legal consultant, he has represented the Internet Engineering Task Force (IETF) for nearly two decades, and was a partner at the international law firm Wilmer Cutler Pickering Hale and Dorr based in Boston, Washington DC, and London.
Prof. Contreras holds undergraduate degrees in electrical engineering and English from Rice University and a law degree from Harvard Law School.

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Presentation 4: Legal Issues Concerning the Enforcement of FRAND-encumbered SEPs: A View from Japan with a Comparative Perspective

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SUZUKI Masabumi (Faculty Fellow, RIETI / Professor, Nagoya University Graduate School of Law)

Bio

Professor Masabumi Suzuki has taught Intellectual Law at Nagoya University Graduate School of Law in Japan since 2002. He graduated from the University of Tokyo (LL.B., 1981) and received an LL.M. from Harvard Law School (1986). He joined the Japanese Ministry of International Trade and Industry (MITI; renamed METI since 2000) in 1981, and was director of the Office of Intellectual Property Policy from 1999 to 2001. He also served as visiting fellow at the Brookings Institution (1998-1999). He was admitted to the New York bar in 1987. He is currently a council member of the Japan Association of Industrial Property Law, the Copyright Law Association of Japan, and the Japan Association of International Economic Law.
Professor Suzuki's recent major works include: Realization of Substantive Law through Legal Proceedings (Mohr Siebeck, 2017) (co-editor with Professor Alexander Bruns); "International Norm Setting and Its Localization on Intellectual Property," 19 Quarterly Jurist 37 (2016) (in Japanese); and "Legal Issues Concerning Enforcement of Standard Essential Patents," RIETI Discussion Paper Series 15-J-06 (2015) (in Japanese).

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Panel Discussion

Panelists (in alphabetical order)

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Dina KALLAY (Head of Antitrust (IPR, Americas & Asia-Pacific), Ericsson)

Bio

Dr. Dina Kallay is head of antitrust (IPR, Americas & Asia-Pacific), at Ericsson, a world-leading provider of telecommunications equipment and services. Prior to joining Ericsson, Dina served over six years as counsel for Intellectual Property and International Antitrust at the U.S. Federal Trade Commission (FTC). At the FTC, Dina focused on antitrust-intellectual property matters, including standard-setting issues, as well as on Asian and multilateral competition matters. She worked closely with Asian and other fellow competition agencies and also spent a year with the FTC Bureau of Competition, working on antitrust conduct and merger enforcement matters.
Prior to joining the FTC, Dina practiced antitrust and intellectual property law at a number of law firms, most recently with the Washington DC office of Howrey LLP. She also worked as an in-house antitrust counsel for Microelectrónica Española, where her work focused on the IP policy of the European Telecommunications Standards Institute (ETSI).
Before that, she clerked at the European Commission Directorate General for Competition (DG COMP), where she worked on antitrust investigations and policy matters involving intellectual property.
Ms. Kallay holds a doctorate from the University of Michigan Law School, and her doctoral thesis was later published as a book "The Law and Economics of Antitrust and Intellectual Property" (Edward Elgar, 2004).

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NAGANO Juichi (Professor, Nagoya University / Former Director - International Standards Strategy, Ministry of Economy, Trade and Industry)

Bio

Juichi Nagano has been a professor at the Innovation Strategy Office, Nagoya University since 2016. He is in charge of innovation strategy, social innovation, standardization, standards education, etc. Prior to the current position, Mr. Nagano served as director for International Standards Strategy of the Ministry of Economy, Trade and Industry (METI), and deputy secretary general of the Japanese Industrial Standards Committee (JISC). In this capacity, he served as the contact person for the International Organization for Standardization (ISO) and other international standards-related organizations. Mr. Nagano was the JISC member of the Technical Management Board (TMB) of ISO (2006 to 2014). He was extensively involved in other challenging positions within METI, including guiding and supervising AIST—Japan's largest public laboratory for science and technology research—and also overlooking negotiations on investment and services chapters in FTA/EPAs and on the WTO Doha Round.
Mr. Nagano graduated from the University of Tokyo and has a bachelor's degree of Engineering in Aeronautics. He also has a master of science degree in Aerospace Engineering from Cornell University and a master of business administration from the European University, Switzerland.

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FUKUOKA Noriko's photo

FUKUOKA Noriko (Senior Manager of Licensing Department, Panasonic Intellectual Property Management Co., Ltd.)

Bio

Ms. Noriko Fukuoka was a semiconductor R&D engineer at the Central Research Laboratory when she joined Matsushita Electric Industrial Co., Ltd. in 1981. She was responsible for handling licensing matters related to the audio visual business field and standards as a team leader from 1995, a general manager from 2008, and an executive engineer from 2009. She has been senior manager of the Licensing Department since the Panasonic IP Management was established in 2014. She was also a member of the MPEGLA LLC Board (2007-2013) and Standards & IP Management WG organized by METI (2012-2013).

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MIMURA Tetsuya (Senior Manager of Strategic Licensing Group, Intellectual Property Department, NTT DOCOMO, INC.)

Bio

Within the Intellectual Property Department at NTT DOCOMO, Mr. Mimura has been in charge of IP related contracts including joint development agreements, technical alliance agreements, and patent pool and patent license agreements since 2000. Prior to his current position, he was assigned to the R&D section after earning a master's degree in Engineering from Shinshu University in 1993.

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Moderator

NAGAOKA Sadao's photo

NAGAOKA Sadao (Faculty Fellow, RIETI / Professor, Tokyo Keizai University)

Bio

Dr. Sadao Nagaoka is a professor of Economics at Tokyo Keizai University and the program director for Innovation Research at the Research Institute of Economy, Trade and Industry (RIETI). His research covers economics of R&D, intellectual property, standards, and science. He was a professor at the Institute of Innovation Research of Hitotsubashi University. He previously worked at MITI, World Bank, and the OECD.
He is an economic advisor for the JPO and was a member of the Economic and Scientific Advisory Board of the EPO. He has a Ph.D. in Economics from Massachusetts Institute of Technology.

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