JP2006011579A - Transaction system for industrial property - Google Patents

Abstract

<P>PROBLEM TO BE SOLVED: To solve the following problem: an enterprise stocking a large number of trademark rights seems to be unnecessary has to spend a lot of labor or costs for preservation of the trademark rights, while it is difficult for an enterprise desiring acquisition of a trademark right to secure the right as it wishes by presence of the already registered trademark rights, so that it cannot sufficiently cope with economical efficiency, certainty and tightness even if using a revocation judgement system by disuse. <P>SOLUTION: One of the enterprises performing member registration to an intermediary in advance determines a start price of an effective industrial property right which the enterprise thinks unnecessary in the presence and even in the future among the effective industrial property rights already registered in the Patent Office and placing it on net auction, and waits access and a tender of one desiring purchase of the effective industrial property right among the enterprises performing the member registration. When conditions accord, a transaction is concluded, and a transfer registration procedure of the right is performed to the Patent Office. The effective industrial property right is the trademark right. <P>COPYRIGHT: (C)2006,JPO&NCIPI

Description

  The present invention relates to a trade system for industrial property rights, and also to a trade system for trademark rights that have already been registered with the Patent Office.

  Currently, the total number of registered trademark rights in Japan is hundreds of thousands, but less than 30% are actually used as trademarks. Is a so-called stock trademark or dying trademark.

  In recent years, brand strategies have become very important as one of the driving forces for new products and services in companies, and sales of similar products and services are greatly influenced by the quality of the brand and its naming. There is a tendency. However, about 80% of the naming that seems to be preferable has already been acquired by a third party, and the fact is that it cannot be used legally as it is.

  In such cases, there may be a transfer or usage right setting contract between the trademark owner and the person who wants to use it. However, when the business types overlap, the trademark owner should not give up or grant the right to use. There is a way to request a trial for revocation when nuclear trademark rights are considered to be unused, but this is also expensive, and even if the person who wants to use it carries out application procedures, it must be registered There is no guarantee that it will be, and it cannot sufficiently cope with the tightness in relation to the market.

  In addition, companies that have many trademark rights are not actually evaluating assets for each trademark right, and are in a dormant state. In order to preserve the trademark rights that may not be used, enormous expenses will continue to be spent, including renewal of rights and management costs.

On the other hand, it is impossible for a new company or a foreign-affiliated company entering Japan to acquire a good brand, especially naming, as desired in Japan due to the existence of registered trademark rights. Unable to make an ideal brand strategy. This is one of the major obstacles to the entry of new economy companies into the market, and is one of the reasons why the market has not been activated.
Although it was on the applicant's side, prior technical literature was searched, no literature that seemed to be particularly similar could be found.

  The problem to be solved by the present invention is that a company that stocks many trademark rights that are considered to be unnecessary has to spend a lot of labor and expense to preserve the trademark rights, For companies that want to acquire the rights, it is difficult to secure the right that they think due to the existence of the registered trademark right, and even if the cancellation trial system by non-use is used, the economy, certainty, and tightness are sufficiently dealt with Is that you can't.

  In order to solve the above-mentioned problems, the present invention is the effective industrial property right registered with the JPO among the companies that have registered with the broker in advance. In the future, we decided on a start price for what we thought was unnecessary in the Internet auction, and also waited for access and bidding by those who wished to purchase the effective industrial property right among the companies that registered for membership. In the case where the conditions are met, the transaction is concluded and the transfer registration procedure of the right is performed with respect to the JPO, and the above-mentioned effective industrial property right is a trademark right.

  Further, in the present invention, when a company that has registered as a member has a plurality of trademark rights, an intermediary performs the trademark right extraction work for organizing the trademark rights, calculating the value, and disposing of them for sale. The start price is determined according to the classification of registered trademark rights, the market value is estimated, the business opportunity is predicted, the qualitative value is evaluated, and the marketability and business are determined. It is characterized by a tight situation with respect to earnings forecasts and qualitative usefulness, and is also characterized by consulting with the brokers described above.

  Furthermore, the present invention is characterized in that when an exhibition is made at the above-mentioned net auction, an agency sends a guide by e-mail to a registered member company for each trademark right classification, When a trademark wished to be purchased is accessed from a company wishing to purchase, the broker consults on the suitability of the trademark right with the company, the purchase price range, and the like.

  Since the present invention is configured as described above, the trademark right will be distributed as a valuable product, and a company that wants to acquire will purchase the trademark right from a company that is less necessary, and mediate both An exchange market can be established.

  For companies that own trademark rights in the form of stock, the selection of trademark rights that should be disposed of for sale is accelerated internally by entering the transaction system according to the present invention, and the company owns them in advance. In the future, selling dormant trademark rights will convert the dormant assets into cash and improve cash flow.

  In addition, for companies that wish to acquire trademark rights, there is no need for the troublesome labor of individual sales negotiations as in the past, and there is no need to submit an exorbitant price that allows you to see the latest. This means that you can purchase a trademark right that is compatible with the product category at a reasonable price that is acceptable both internally and internally.

  Furthermore, in the process of transfer of trademark rights, initial unnecessary trademark rights selection to pricing, and explanation of value to buyers and proposal of reasonable price range, finally legal Since the broker's advice and consulting are done until the check, etc., the safety is always high, and unnecessary financial and time burdens are eliminated on both the seller side and the buyer side.

  As an example, the flow of work shown in the figure was implemented as a program.

  Next, an example of a preferred embodiment of the present invention will be described with reference to the drawings. FIG. 1 is a flowchart showing an industrial property transaction system according to the present invention, in particular, an object as a trademark right.

  In the flowchart shown in FIG. 1, the work is roughly divided into four sections. Also, in this figure, the term “inventory” refers to a work concept such as organizing and selecting a plurality of trademark rights and considering the value as an asset in a company that possesses a plurality of trademark rights. It is also a trademark owned by the applicant and is used as a homepage address.

  In the above four work categories, the broker (trademark inventory.com) is involved and provides advice and consulting. In FIG. 1, the member registration to the broker, that is, the payment of the membership fee and the annual membership fee, is described at the start of the second step, but it can also be made at the start of the first step.

  In FIG. 1, the first step (section) is support for the trade mark inventory work for the seller. This is a process in which a company that owns multiple trademark rights selects and extracts unnecessary trademark rights and determines the trademark rights to be sold. And other reserve trademark rights).

  Next, the business domain development plan for the future is examined, trademark rights that are not scheduled to be used in the future are extracted, and the possibility of sale is examined. Here, with reference to the remaining book value recorded as an asset, prioritizing the trademark rights held, the trademark rights that are determined to be less than or equal to the cost required for the renewal period of the trademark rights shall be disposed of. Yes (preparation of internal standards). In this way, the trademark right to be sold is extracted and determined.

  Next, the second step (category) is an objective assessment of the market value of the trademark right. Here, the broker has registered the trademark right that has been decided to be sold from a calm third party. Assess the market value for each product and service category and category.

  This predicts business opportunities for each registered classification of trademark rights and evaluates the suitability of trademark rights. This assessment of suitability is a qualitative value for each category, and the specific content of this qualitative value is the suitability of naming, the sensitivity value of the trademark, the value of the registered category itself (marketability Based on height, etc.

  Then, the transaction price of the targeted trademark right is calculated by a calculation formula. The contents for this include the category size of the market, the expected standard value of business revenue, the qualitative usefulness of the brand, and the situation of tightness is also taken into account. In this way, the start price is determined.

  Next, the third step (classification) is a sales transaction through an online auction. Here, however, the broker provides advice and consulting to the buyer in order to promote negotiations. First, the seller's company will exhibit the trademark right to be sold at the online auction hosted by the broker, and the broker will register for each product and service category and guide the member company by e-mail. Send.

  Trademark rights submitted to online auctions can be accessed by companies wishing to purchase for a limited time limit (assuming two weeks). With this access, the broker evaluates the buyer's suitability of the trademark as a kind of service. The elements include the value evaluation of the trademark right being exhibited, compatibility with the brand strategy, and the proposal of a purchase price range.

  Subsequently, a bid is made by a purchase-requesting company, and a sales transaction is established when matching with the seller's request. At this point, the purchase price is finally determined.

  The fourth step (category) is a transfer registration procedure for registering the transfer in the JPO's original book. In this case, the seller must provide a legally valid transfer certificate or single application acceptance certificate. Documents such as a letter of attorney will be handed over to the buyer, and the procedure will be carried out by the buyer (registered right holder).

  The flow of work in this example is configured as described above. However, in addition to the registration fee and annual membership fee as a member, the deposit at the broker is compatible with the trademark inventory business and the trademark rights held by the seller. There are consulting services such as sex assessment and classification categories that should be strengthened, and calculation of the value of trademark rights for sale disposal.

  Also, from the buyer's side, there are 3-5% (fluctuated depending on the amount) fee of the transaction settlement price, advice on the appropriateness of purchase of the displayed trademark right, consulting services, etc.

  In addition, only registered members can participate in the net auction in this embodiment, and since the screen can be viewed and entered according to the assigned code number etc., companies and individuals for speculative purposes cannot participate. . In addition, a regulation has been established that the trademark rights obtained through the auction site through the pledge will not be subjected to any disadvantageous acts such as non-use cancellation trials. The trademark rights to be exhibited are not subject to any legal restrictions. It is a condition. (Penalty in case of exposure later is also described in the contract at the time of member registration).

  The industrial property transaction system according to the present invention is configured and operated as described above. Therefore, it can be applied not only to trademark rights, but also to patent rights, utility model rights, design rights, and the right to receive unregistered patents or rights arising from applications for trademark registration. Can also be applied and implemented by changing the applicant name.

It is a flowchart figure which shows the trade system of the industrial property rights which concern on this invention for the trademark right.

Claims (6)

  Among companies that have registered with an intermediary in advance as a member, among the effective industrial property rights registered with the JPO, those that the company considers to be unnecessary in the future are now starting prices. Of the companies that have registered for membership as described above and who wish to purchase effective industrial property rights, wait for the bid, and if the conditions are met, An industrial property transaction system characterized in that the registration process of rights transfer is performed with the JPO.   2. The industrial property transaction system according to claim 1, wherein the effective industrial property right is a trademark right.   If a company that has registered as a member of the company has multiple trademark rights, the broker will follow up the trademark rights extraction process, organizing the trademark rights, calculating the value, and disposing them for sale. The transaction system for industrial property rights according to claim 2.   In determining the starting price, the market value is evaluated for each registered trademark classification, the business opportunity is predicted, the qualitative value is evaluated, and the marketability, business revenue forecast, and qualitative usefulness are tight. 4. The industrial property transaction system according to claim 2 or 3, wherein the consulting of the broker is performed in consideration of the situation.   3. When an exhibition is made in the above-mentioned online auction, an agency sends a guide by e-mail to a registered member company for each classification of trademark rights. Item 5. The industrial property transaction system according to item 3 or claim 4.   The broker who consults the compatibility of the trademark right with the company, the purchase price range, etc. when the trademark right exhibited in the above-mentioned net auction is accessed by the company wishing to purchase. The industrial property transaction system according to claim 2, claim 3, claim 4 or claim 5.

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