Jurisdiction and Others
(Conclusion)
Even if a patent owner has granted an exclusive license under their patent right, which is registered under Article 77 of Japanese Patent Act, the patent owner may enforce the patent right to seek an injunctive relief on their own accord.
According to the concept of “exclusive license,” which is registered under Article 77 of Japanese Patent Law, a patent owner who has granted and registered an exclusive license may not use the patented invention. The judgment has clarified that such patent owner still may enforce their patent right to seek an injunctive relief to remove a third party’s infringement in order to secure a license royalty etc.
<Writer: Kazunari Tanzawa (Patent Attorney)>
https://www.ip.courts.go.jp/app/files/hanrei_en/662/001662.pdf