The Japanese FTC issues a cease and desist order against NAP clause preventing licensees from asserting certain intellectual property rights against its holder and customers (Microsoft)

On September 16, 2008, Japan Fair Trade Commission (the “JFTC”) issued a ruling against Microsoft Corporation (“MS”) regarding its use of a so-called “NAP” clause in its software licenses. The MS NAP clause prevented licensees from asserting certain intellectual property rights against MS and its customers. The ruling was issued after almost four years of hearings. In the ruling, the JFTC found that the NAP provision in MS’s licenses for its Windows operating systems (“OS”) for personal computers (“Windows OS”) violated the prohibition against dealing on restrictive terms, one of the unfair trade practices under the Anti Monopoly Act (the "AMA"). As a result, the JFTC issued a cease and desist order against MS. The JFTC’s more than 140-page ruling is voluminous and covers a wide range of

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  • Morrison & Foerster (Tokyo)

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Kei Amemiya, The Japanese FTC issues a cease and desist order against NAP clause preventing licensees from asserting certain intellectual property rights against its holder and customers (Microsoft), 16 September 2008, e-Competitions Buyer power in agreements and abuse of market power, Art. N° 69954

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