WO2020141612A2 - Système de combinaison de bulletin de droits de propriété industrielle et de contrat de licence - Google Patents

Système de combinaison de bulletin de droits de propriété industrielle et de contrat de licence Download PDF

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Publication number
WO2020141612A2
WO2020141612A2 PCT/JP2020/000003 JP2020000003W WO2020141612A2 WO 2020141612 A2 WO2020141612 A2 WO 2020141612A2 JP 2020000003 W JP2020000003 W JP 2020000003W WO 2020141612 A2 WO2020141612 A2 WO 2020141612A2
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WO
WIPO (PCT)
Prior art keywords
industrial property
property right
license contract
license
publication
Prior art date
Application number
PCT/JP2020/000003
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English (en)
Japanese (ja)
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WO2020141612A4 (fr
WO2020141612A3 (fr
Inventor
上田育弘
Original Assignee
上田育弘
Priority date (The priority date is an assumption and is not a legal conclusion. Google has not performed a legal analysis and makes no representation as to the accuracy of the date listed.)
Filing date
Publication date
Application filed by 上田育弘 filed Critical 上田育弘
Priority to JP2020506289A priority Critical patent/JPWO2020141612A1/ja
Publication of WO2020141612A2 publication Critical patent/WO2020141612A2/fr
Publication of WO2020141612A3 publication Critical patent/WO2020141612A3/fr
Publication of WO2020141612A4 publication Critical patent/WO2020141612A4/fr

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Definitions

  • the present invention relates to an industrial property right publication provision system and a license contract system, and more specifically, to a combined system between these systems.
  • the Japan Patent Office (JPO: Japan Patent Office) is an independent administrative agency
  • JPO Japan Patent Office
  • JPLATPAT Japan PLATform for PATent information
  • the system for providing an industrial property right publication includes a system for providing the industrial property right publication itself as well as a system for providing predetermined information extracted from the industrial property right publication.
  • the patent publication is issued as one of the industrial property publications, and since the contents of the patented invention are published together with the patent owner in this patent publication, the general public can view the patent publication to obtain the patent right.
  • the Japanese Patent Law has a license system to ensure the implementation of patented inventions (Articles 77 and 78 of the Japanese Patent Law). For example, when a licensee who is a licensor sets a license for exclusive use to a licensee, a license agreement is signed between the licensor and the licensee, and after the prescribed procedure, it is registered in the register of the Japan Patent Office (Japan. (Patent Act Article 98, Paragraph 1, Item 2), the exclusive license will be issued (Japanese Patent Act Article 77).
  • the non-exclusive license is generally issued by concluding a non-exclusive license agreement between the licensor and the licensee.
  • Patent Law Article 78 The same applies in principle to the Utility Model Law, Design Law, and Trademark Law, which are other industrial property law.
  • the industrial property right includes the right to obtain a patent, the right to receive a utility model registration, the right to receive a design registration, and the trademark registration application, as well as a patent right, a utility model right, a design right or a trademark right.
  • it also includes circuit layout usage rights under the circuit layout law of semiconductor circuits and breeder rights under the seed and seedling law.
  • the present invention provides a license agreement with an industrial property right publication issuing/viewing system (industrial property right publication providing system) that allows a third party who wants a license contract to a licensor to feel secure about the intention of concluding a license contract. It is an object of the present invention to provide an industrial property right bulletin and a license contract combining system that are organically combined.
  • the invention according to claim 1 provides an industrial property right publication providing system for providing an industrial property right owner and an industrial property right publication in which the contents of the industrial property right are described, and an industrial property right in the industrial property right publication providing system.
  • An industrial property right publication and a license characterized in that it has a license contract content clarification part that clearly indicates a predetermined part of the license contract content for each publication, and the predetermined part in the license contract content clarification part has the name of a licensee.
  • the owner of an industrial property right means the applicant/right holder of the industrial property right.
  • the industrial property right bulletin refers to, for example, a patent bulletin, a utility model bulletin, a design bulletin, and a trademark bulletin, as well as a public notice means for setting and registering a circuit layout utilization right based on a circuit layout law of a semiconductor circuit layout and a public notice means under the Seedlings Law. Also includes.
  • the invention according to claim 2 provides the industrial property right bulletin and the license contract combining system according to claim 1, wherein the predetermined part in the license contract content specifying part has a license contract condition.
  • the invention according to claim 3 is the industrial property right publication and the license contract combining system according to claim 1 or 2, characterized in that the predetermined part in the license contract content specifying part conceals personal information. provide.
  • the invention according to claim 4 is for applying to the owner of an industrial property right, an industrial property right publication providing system that provides an industrial property right publication in which the contents of the industrial property right are described, and a license contract for each industrial property right publication.
  • an industrial property right bulletin having a license contract application means and a license contract combining system.
  • This license contract application means is a license contract to the installer of the system for providing industrial property rights bulletin systems (for example, in Japan, the Patent Office/INPIT, the administrative agency in charge of semiconductor circuit layout, and the Ministry of Agriculture, Forestry and Fisheries who administers the Seedlings Law). It conveys the intention and content of the conclusion.
  • the invention according to claim 5 is characterized in that the license contract application means has a plurality of standardized license contract conditions and a selection means for selecting a specific license contract condition from the plurality of standardized license contract conditions.
  • the industrial property right bulletin and the license contract combining system according to claim 4 are provided.
  • the invention according to claim 6 has a transfer means for transferring the contents of the application by the license contract application means to the owner of the industrial property right, and the industrial property right bulletin and the license contract according to claim 4 or 5.
  • the invention according to claim 7 has a transmitting means for transmitting the contents of the application by the license contract applying means to the owner of the industrial property right, and the industrial property right bulletin according to claim 4, 5 or 6. Provide a license contract combining system.
  • This transmission means directly transmits to the owner of the industrial property right without going through the entrepreneur of the industrial property right publication providing system.
  • the invention according to claim 8 has an updating means for updating the transmission destination of the owner of the industrial property right in the transmitting means at any time, and the industrial property right publication and the license contract combining system according to claim 7. provide.
  • This updating means is, for example, for updating the address or mail sent to the owner of the industrial property right to the latest one at any time.
  • the invention according to claim 9 is characterized in that the installer of the industrial property right publication providing system has a system check means for judging whether or not the application content by the license contract application means meets a predetermined standard.
  • the predetermined standard is, for example, a standard that the license content requested by the license contract application means must include the license rate desired by the license.
  • the method check means is, for example, a means for determining whether or not the predetermined standard, that is, the desired royalty rate is described.
  • a tenth aspect of the present invention there is provided specific transfer means for transferring only the application content by the license contract application means, which is determined by the method check means to meet a predetermined standard, to the owner of the industrial property right.
  • An industrial property right bulletin and a license contract combining system according to claim 9 are provided.
  • the invention according to claim 11 provides the industrial property right bulletin and the license contract combining system according to claims 1 to 10, which are used in a compulsory license setting system.
  • the compulsory license setting system is, for example, a system for compulsory setting of licenses under prescribed conditions as prescribed in Article 5A(2) of the Paris Convention, which is an international treaty on the protection of industrial property rights. ..
  • the invention according to claim 12 provides the industrial property right bulletin and the license contract combining system according to claims 1 to 10, which is used for an optional license setting system.
  • the voluntary license setting system using the Industrial Property Bulletin and license contract combining system is, for example, the above-mentioned Industrial Property Bulletin and license contract combining in negotiations in which the licensee and the licensor voluntarily negotiate a license agreement.
  • the content is to incorporate the system.
  • the invention according to claim 13 has been used for a two-stage license setting system including a voluntary license setting system and a compulsory license setting system. Providing a contract combining system.
  • the two-stage license setting system using the Industrial Property Bulletin and the license contract combination system is, for example, a compulsory setting system for non-executable non-executable licenses prescribed in Article 83, Paragraph 2 of the Japanese Patent Act.
  • a compulsory setting system for non-executable non-executable licenses prescribed in Article 83, Paragraph 2 of the Japanese Patent Act As a premise, under the principle of contract freedom, first, it is necessary for the licensee and the licensor to have a consultation regarding the grant of the non-exclusive license as the first step, and then as the second step, if the negotiation is impossible, In a license setting system that uses a compulsory state-owned public license system, which is an arbitration system, the licensees and licensors in this first stage voluntarily negotiate the licensing of non-exclusive licenses.
  • the invention according to claim 14 has an industrial property right bulletin and a license contract combination according to claim 1, characterized in that the owner of the industrial property right has a license contract proposal submitting means for submitting a license contract proposal.
  • a license contract draft is a draft of a license contract that describes the license contract terms desired by one contracting party.
  • the invention according to claim 15 provides the industrial property right bulletin and the license contract combining system according to claims 1 to 14, characterized in that the licensee has a license contract proposal submitting means for submitting a license contract proposal.
  • the invention according to claim 16 provides an industrial property right publication providing system for providing an owner of an industrial property right and an industrial property right publication in which the contents of the industrial property right are described, and an industrial property right in the industrial property right publication providing system.
  • an industrial property right bulletin and a license contract combining system having a license contract proposal submission means for submitting a license contract proposal by a licensor who is an owner of an industrial property right for each publication.
  • the invention according to claim 17 provides an industrial property right publication providing system for providing an owner of an industrial property right and an industrial property right publication in which the contents of the industrial property right are described, and an industrial property right in the industrial property right publication providing system.
  • an industrial property right publication and a license contract combining system having a license contract proposal submission unit for a licensee to submit a license contract proposal for each publication.
  • the invention according to claim 18 is that the industrial property right publication providing system has a pre-publication database having industrial property right official publication data after application acceptance and before publication, and the pre-publication database is installed in an on-premises environment.
  • An industrial property right bulletin and a license contract combining system according to claims 1 to 17 are provided.
  • "Before publication" in the pre-publication database means before publication of a publication in which the contents of industrial property rights such as inventions are described, such as application publication publication, application publication publication, and patent publication publication after registration. ..
  • On-premises environment means an environment that is isolated from the outside world.
  • the industrial property right publication providing system has a post-publication database having industrial property right official publication data after application acceptance and publication, and the post-publication database is installed in an external cloud environment.
  • An industrial property right bulletin and a license contract combining system according to claims 1 to 18 are provided.
  • Post-publication in the post-publication database means after publication of a publication in which the contents of industrial property rights such as inventions are described, such as application publication bulletin, application publication bulletin, and patent publication bulletin after registration. ..
  • “External cloud environment” means an environment that is placed in an external cloud and that can be connected to a third party.
  • a person who desires a license contract can know the name of an existing licensee, and thus can inform the licensor of his/her desire to conclude a license contract.
  • a person who desires a license contract can know the name of the existing licensee as well as the conditions of the existing license contract. Therefore, it is possible to inform the licensor of the intention to conclude the license contract. It is possible to contribute to the activation of the license activity.
  • personal information such as licensors is concealed in the domestic industrial property bulletin and the license contract combining system, so that the contracting parties can rest assured that the contracting party is in peace. Can be used.
  • the invention according to claim 4 makes it possible to quickly apply for a license contract by the license contract application means.
  • the invention according to claim 5 makes it possible to apply for a license contract more quickly by selecting from a plurality of standardized license contract conditions.
  • the contents of the application by the license contract application means are immediately transferred to the owner of the industrial property right, so that the license contract negotiation can be started more quickly.
  • “Transfer” means to notify the owner of the industrial property right by e-mail, mail, fax or the like.
  • the license contract system will be incorporated into the system for providing industrial property right bulletins provided by the governmental industrial property offices of each country, which is a state-owned system. It is possible to convey the intention and contribute to the activation of license activities.
  • the installer of the industrial property right publication providing system has a system check means for judging whether or not the application content by the license contract application means meets a predetermined standard, so the license contract is concluded. It becomes possible to carry out work efficiently.
  • the invention of claim 10 it becomes possible to transfer only the application contents by the license contract application means, which is judged by the system check means to meet the predetermined standard, to the owner of the industrial property right, and the license contract is concluded. It becomes possible to carry out work efficiently and quickly.
  • the invention according to claim 11 makes it possible to use the compulsory license setting system with more peace of mind, and can help improve the utilization rate of the compulsory license setting system.
  • the invention according to claim 12 makes it possible to use the voluntary license setting system with more peace of mind, and can help improve the utilization rate of the voluntary license setting system.
  • the invention according to claim 13 makes it possible to use the two-step license setting system with more peace of mind, and can help improve the utilization rate of the two-step license setting system.
  • the owner of the industrial property right can submit the license contract proposal, which can be useful for early conclusion of the license contract.
  • the invention according to claim 15 allows the licensee to submit a license contract proposal, which can be useful for early conclusion of a license contract.
  • the owner of the industrial property right can submit the license contract proposal, which can be useful for early conclusion of the license contract.
  • the invention according to claim 17 allows the licensee to submit a license contract proposal, which can be useful for early conclusion of a license contract.
  • the pre-publication database is installed in the on-premises environment, it is possible to ensure the security of application data and the like.
  • the post-publication database is installed in an external cloud environment, so that a third party can easily access the post-publication data and can be useful for spreading the publication data.
  • IPDL or JPLATPAT a patent electronic library (IPDL or JPLATPAT) provided by the Japanese Patent Office (JPO) is used as a system for providing industrial property right publication, and the license contract content specifying section is provided to this patent electronic library (IPDL or JPLATPAT). Is provided.
  • IPDL or JPLATPAT the entire texts of applications, claims, specifications, drawings and abstracts can be browsed in a patent publication which is one of the industrial property publications.
  • a banner of "license contract information” is provided in addition to these banners.
  • the license contract information is in a tabular format, and in the first row, in each column from the first column to the tenth column, "contract date”, "license agreement condition", "licensor name”, “licensor”.
  • Banners such as "Sensor mark”, “Licensor address”, “Licensee name”, “Licensee address”, “Licensee mark”, “License agreement full text” and corresponding documents can be viewed by clicking these banners.
  • the browsing means does not constitute the license contract content specification section.
  • the viewer wants to view the full text of the license agreement on the date of conclusion of the prescribed contract, he/she can click the banner of the "entire license agreement" in the tenth column of the prescribed row in the table format corresponding to the date of conclusion of the prescribed contract. You can browse the full text of the license agreement on the date of conclusion of the prescribed agreement.
  • the licensee who wants to obtain the license of the invention content of the relevant patent publication can know the existing license permission information including the name of the existing licensee, so that the licenser can be licensed to the patent owner who is the licensor more safely. Can be applied for and can contribute to activation of license activities. Since the reader can always know the name of the licensee as the minimum necessary license information, it is possible to clearly know who is the licensee and it is easier to prevent patent infringement.
  • the terms of the license contract refer to the implementation fee rate, the payment date of the implementation fee, and the like.
  • the license contract application means may include a plurality of standardized license contract conditions and a selection means for selecting a specific license contract condition from the plurality of standardized license contract conditions.
  • a person who wants a license contract can specify a specific license contract condition by selecting means without having to specifically determine the license condition by himself, and apply for the license contract in a more specific form. It becomes possible and the license activity becomes active.
  • the content of the application by the license contract application means may be transferred to the destination of the owner of the industrial property right by e-mail. As a result, a person who desires a license contract can quickly enter into a license negotiation with the owner of the industrial property right, and the license activity becomes active.
  • transmission means for transmitting the content of the application by the license contract application means to the owner of the industrial property right may be provided.
  • this transmission means a person who desires a license contract can quickly and directly negotiate with the owner of the industrial property right.
  • you may have the update means which updates the transmission destination of the owner of the said industrial property right in the said transmission means from time to time.
  • the installer of the industrial property right publication providing system may be provided with a system check means for judging whether or not the application content by the license contract application means meets a predetermined standard. Further, it is possible to provide a specific transfer means for transferring only the application content by the license contract application means, which is determined by the system check means to meet the predetermined standard, to the owner of the industrial property right.
  • the invention described above was mainly supposed to be a voluntary state-owned public license system, but is also applicable to a compulsory state-owned public license system such as a compulsory license system.
  • a compulsory license system can be constructed by implementing the industrial property right bulletin and license contract combining system according to the present invention.
  • the industrial property bulletin and license contract combining system which has the above-described license system that gradually combines a voluntary state-owned public license system with a compulsory state-owned public license system, is implemented. It is also possible to build it.
  • the system for compulsory setting of non-exclusive licenses in the case of non-execution prescribed in Article 83(2) of the Japanese Patent Law, it is assumed that licensees and licensors are the first step under the principle of contract freedom. It is necessary to have a consultation regarding permission of non-exclusive licenses, and then, as a second step, if the negotiations are not possible, it is necessary to use a compulsory state-owned public license system such as an arbitration system.
  • Both the system in which the licensee and the licensor in the first stage have discussions regarding the licensing of non-exclusive licenses and the compulsory state-owned public license system that is the arbitration system in the second stage are both the industrial property of the present invention. It can be constructed by implementing the patent gazette and the license contract combining system. Further, although the invention described above was mainly supposed to be an optional publicly licensed system such as a state-owned system, the invention can be carried out by a completely privatized organization or private company other than the publicly-licensed system. Further, although the industrial property right publication providing system is publicly owned such as state-owned, the application means may be designed and arranged by a private organization in this publicly owned industrial property right publication providing system.
  • the case where a third party applies for the license contract to the owner of the industrial property right is mainly assumed, but conversely, the owner of the industrial property right signs the license contract.
  • the owner of the industrial property right signs the license contract.
  • the conditions for example, by attaching it to the application documents at the time of filing the industrial property right, for example, the setting of a dedicated license (use right), the grant of the ordinary license (use right), or the transfer of the industrial property right
  • the attached license contract proposal in the Industrial Property Bulletin by submitting the license contract proposal that specifies the conditions of the license contract such as the royalty rate (usage fee rate). ..
  • the license contract proposal submitting means is, for example, a means for providing a banner for submitting the license contract proposal, clicking this banner, and further transmitting the prepared license contract proposal in the form of an attached file.
  • the system for providing industrial property right publication has a pre-publication database having data on industrial property right publicity data after application acceptance and before publication, and the pre-publication database is preferably installed in an on-premises environment.
  • the industrial property right publication providing system has a post-publication database having the industrial property right public information data after the application is received and published, and the post-publication database is preferably installed in an external cloud environment.

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Abstract

Le problème décrit par la présente invention est de fournir un système de combinaison de bulletin de droits de propriété industrielle et de contrat de licence qui combine organiquement un système de fourniture de bulletin de droits de propriété industrielle et un contrat de licence, ce qui permet à un tiers, qui souhaite un contrat de licence avec un licencié, de communiquer sereinement son intention de souhait de contrat de licence. La solution selon l'invention porte sur un système de combinaison de bulletin de droits de propriété industrielle et de contrat de licence caractérisé en ce qu'il comprend un système de fourniture de bulletin de droits de propriété industrielle qui fournit des bulletins de droits de propriété industrielle, dans lesquels sont divulgués des détenteurs de droits de propriété industrielle et les détails de droits de propriété industrielle, et une unité de spécification de détails de contrat de licence qui spécifie des détails de contrat de licence pour chaque bulletin de droits de propriété industrielle du système de fourniture de bulletin de droits de propriété industrielle, l'unité de spécification de détails de contrat de licence comportant une unité de spécification de licenciés qui spécifie des licenciés.
PCT/JP2020/000003 2019-01-06 2020-01-02 Système de combinaison de bulletin de droits de propriété industrielle et de contrat de licence WO2020141612A2 (fr)

Priority Applications (1)

Application Number Priority Date Filing Date Title
JP2020506289A JPWO2020141612A1 (ja) 2019-09-30 2020-01-02 産業財産権公報及びライセンス契約結合システム

Applications Claiming Priority (4)

Application Number Priority Date Filing Date Title
JP2019000376 2019-01-06
JP2019-000376 2019-01-06
JP2019181059 2019-09-30
JP2019-181059 2019-09-30

Publications (3)

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WO2020141612A2 true WO2020141612A2 (fr) 2020-07-09
WO2020141612A3 WO2020141612A3 (fr) 2020-11-05
WO2020141612A4 WO2020141612A4 (fr) 2020-12-30

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PCT/JP2020/000003 WO2020141612A2 (fr) 2019-01-06 2020-01-02 Système de combinaison de bulletin de droits de propriété industrielle et de contrat de licence

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Family Cites Families (1)

* Cited by examiner, † Cited by third party
Publication number Priority date Publication date Assignee Title
JP2011203969A (ja) * 2010-03-25 2011-10-13 Nomura Research Institute Ltd ライセンス締結システムおよびライセンス締結プログラム

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WO2020141612A4 (fr) 2020-12-30
WO2020141612A3 (fr) 2020-11-05

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