Exclusive Licenses in Japan

Release Clauses in Japan
February 1, 2021
Mandatory Provisions for Contracts in Japan
June 2, 2022
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Exclusive licenses in Japan for intellectual property are, similar to other jurisdiction, exclusive to everyone as set forth by the licensee.  That includes the patent or trademark owner and therefore, patent or trademark owners who choose to enter into an exclusive license agreement give up their own right to use the patent for the extent of the license.

However, a recent trend in intellectual property licensing has been to grant a license to a party while, at the same time, promise not to grant any further licenses to other third parties.  Therefore, this type of license agreement has two main benefits.  First, it acts as an exclusive license in terms of further licensing to third parties, so the licensee can rest assured that their license is exclusive to everyone but the owner.  Second, this type of licensing agreement allows the patent or trademark owner to maintain the use of the intellectual property, which is not normally possible in an exclusive licensing agreement.

If you have any questions about exclusive licenses in Japan or intellectual property in general, please contact our office for a legal consultation with one of our lawyers.