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Wanli CAI

Affiliation Institute of Liberal Arts and Science
Title Associate Professor
Fields of Research Intellectual Property Law / Civil Law
Degree Doctor of Law (Waseda University)
Academic Societies Japan Association of Industrial Property Law / Intellectual Property Association of Japan
E-mail saibanri@las
Please append ".tut.ac.jp" to the end of the address above.
Researcher information URL(researchmap) Researcher information

Research

This study is intended to examine how the intellectual property rights issues related to the formulation or implementation of international technical standards should be treated in the context of globalization, taking into consideration the importance of harmonizing international intellectual property law system globally, and promoting the collaboration and cooperation among multinational technology development corporations. The following three are main current subjects: 1) the legal effect of FRAND terms. 2) the exercise of standardization essential patent rights and its limitation. 3) alternative dispute resolution measures with respect to the standardization essential patents.

Theme1:The legal effect of FRAND terms

Overview

This study is designed to bring every effort into focus on several discussions prevailing in Japan, US and China, which relate to the legal interpretation of FRAND terms and conditions as well as FRAND’s legal binding forces, and rights and obligations arising out of them.

Selected publications and works

▪︎ Wanli CAI
"On the Technology Standards and FRAND Commitments", Patent, Vol.67 No.9, page 90-103, Aug, 2014.
▪︎ Wanli CAI
"Legal Analysis on the FRAND Commitments", Patent, Vol.67 No.12, page 95-109, Oct, 2014.

Keywords

FRAND Terms / Contract / Legal Effect

Theme2:The exercise of standardization essential patent rights and its limitation

Overview

This study has the target to pursue several issues such as the possible or preferable license agreement between user of Essential Patents necessary for International Standardization and their owners, reasonable balance between damage claims or injunction and the limitation of exercise of rights, and the responsibilities for protecting reliance interests, taking FRAND terms and conditions into account.

Selected publications and works

▪︎ Wanli CAI
"Study of the Samsung v. Apple Appeal Case", Intellectual Property Management, Vol.65 No.1, page14-27, Jan, 2015.

Keywords

Compensation for Damages / Injunction / Abuse of Rights

Theme3:Alternative dispute resolution measures with respect to the standardization essential patents

Overview

This study is intended to look for the feasibility on the ways and means to resolve disputes arising out of Essential Patents necessary for International Standardization, especially on the out-of-court settlement system including its organizations, policies and procedures, governing law, which is believed to be inevitably necessary for disputing parties in the near future.

Selected publications and works

▪︎ Wanli CAI
"On the Resolution of Dispute over the SEPs based on FRAND Declaration", Waseda University Law Review, No.150, page157-176, Jun, 2014.

Keywords

Alternative Dispute Resolution (ADR)

Title of class

Jurisprudence(B10232080) / Civil Law (B10234120)(G10732100)(M20230180) / Intellectual Property Law(B10234130)(G10732110)(M20230190)
International Intellectual Property Law (B10234150)(G10732130)(M20230210)/ Technology Strategy and Intellectual Property Law(B10234140)(G10732120)
Chinese(B1033305b)(B1033307b)(B1033307d)

Others (Awards, Committees, Board members)

▪︎ Wanli CAI (Research Representative)
(H28.) The Murata Science Foundation
Theme: Alternative Dispute Resolution Measures on Standardization Essential Patents
Period: July, 2016 - June, 2017

▪︎ Wanli CAI (Research Representative)
(H25.) Microsoft Research Subsidy for Intellectual Property Rights
Theme: on the Enforcement and Infringement of SEP Rights
Period: sept, 2013 - Aug, 2014


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