[ ARIB Essential Patent License ] FAQ

What is the ARIB Essential Patent License?
The ARIB Essential Patent License is a single package license which offers multiple essential patents held by multiple parties on fair and reasonable terms. This will promote the prevalence of digital broadcasting and contribute to the convenience of prospective licensees.  ULDAGE Inc. is authorized to perform as an administrator of the ARIB Essential Patent License.
What does the ARIB Essential Patent License cover?
The ARIB Essential Patent License provides license under patents essential to the standards in the digital broadcasting field developed by the Association of Radio Industries and Businesses ("ARIB") and referred to as ARIB STD-B10, ARIB STD-B20, ARIB STD-B21, ARIB STD-B24, ARIB STD-B25, ARIB STD-B29, ARIB STD-B30, ARIB STD-B31, and ARIB STD-B32 as well as the technical data referred to as ARIB TR-B13, ARIB TR-B14, and ARIB TR-B15 (collectively "ARIB Standards"), and such patents are identified on our web site ("ARIB Essential Patent Portfolio").
The ARIB Essential Patent Portfolio is updated each quarter.  Please click here for the latest version.
Who are the holders of the ARIB Essential Patents ("ARIB Patent Holders")?
As of April 1, 2009 essential patents in the ARIB Essential Patent Portfolio are owned by France Telecom S.A; FUJITSU LIMITED; Hitachi Ltd.; Kenwood Corporation; Mitsubishi Electric Corporation; NEC Corporation; Nippon Hoso Kyokai (NHK); Panasonic Corporation; Pioneer Corporation; Sanyo Electric Co., Ltd.; Sharp Corporation; Sony Corporation; Thomson Licensing S.A.; Toshiba Corporation and Victor Company of Japan, Limited.
The ARIB Patent Holders are updated each quarter.  Please click here for the latest version.
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Does the ARIB Essential Patent License include all patents essential for the ARIB Standards?
It cannot be guaranteed that the ARIB Essential Patent License includes all patents that are essential for the ARIB Standards.  ULDAGE Inc. endeavors to be able to offer as many essential patents as possible.
What is the evaluation procedure of an essential patent for the ARIB Standards?
The Japan Intellectual Property Arbitration Center ("JIPAC") is an independent third party evaluating which patents are essential for the ARIB Standards.  Any party who believes it holds patents that are essential for the ARIB Standards is invited to submit them to the JIPAC for evaluation.  If any party is interested and needs further information, please go to the website of the JIPAC.  Please be aware that patent submission is only in the Japanese language.
What happens if a new patent is added to the ARIB Essential Patent Portfolio or a new patent holder participates in the ARIB Essential Patent License?
There are no changes in the license terms for the current contract period.
What are the licensed products and the royalties for the ARIB Essential Patent License?
Please click here for further information.
If Company A manufactures and sells a product and such product uses only a part of the Essential Patent Portfolio, is it possible to obtain a license only for the patents used in such product?
Which patent(s) to use among the patents included in the Essential Patent Portfolio is up to the licensee.  The ARIB Patent Holders have the right to grant a license individually and independently of the ARIB Essential Patent License.  A party which wishes to obtain a license for only a part of the Essential Patent Portfolio may conduct separate negotiations and obtain such license from the ARIB Patent Holder holding the relevant Essential Patent(s).
What is the duration of the ARIB Essential Patent License?
The ARIB Essential Patent License shall take effect retroactively on January 1, 2007 and shall remain in force until March 31, 2012.  The ARIB Essential Patent License shall be automatically renewed for another five years unless otherwise notified six months prior to the expiration date.
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If Company A imports a product covered by the ARIB Essential Patent License from an overseas manufacturer and sells such product in Japan, is Company A required to obtain the ARIB Essential Patent License?
Yes.  Company A needs to be licensed.
(It is noted that, with regard to the product for which Company A has obtained the license and paid the royalty, neither ULDAGE nor the relevant Patent Holder will enforce their rights even if the patent corresponding to the relevant ARIB Essential Patent is in effect in the country where such product has been manufactured.)
Is it required to pay a royalty which has accrued before the execution date of the ARIB Essential Patent License Agreement?
It is required to pay royalties for the product made or sold for the period on and after January 1, 2000.  Such payment is to be made together with the payment of the royalty for the quarter to which the execution date belongs.
Why is the payment to ULDAGE Inc. treated as a royalty payment for the patents?
ULDAGE Inc. is licensed to grant a sublicense from each ARIB Patent Holder and holds the legal right to grant a nonexclusive license to parties who seek a license for patents in the ARIB Essential Patents Portfolio.
Is there a possibility that the license could be discontinued in the middle of the contract period?
The license is guaranteed during the contract period.
What happens if Company A continues to sell a licensed product without obtaining the ARIB Essential Patent License?
It will constitute an infringement on the right of each patent in the ARIB Essential Patent Portfolio.
How is royalty calculated?
Please contact ULDAGE Inc. at information@uldage.com.
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