★★★ ＜第24回知的財産翻訳検定試験【第13回和文英訳】＞ ★★★
≪１級課題-知財法務実務-≫【問 1】

The above establishment of the provision will be understood to intend thefollowings:
Under the provision regarding "Reinstatement of rights" where rights arelost related to patent applications or patents due to passing of the period for taking
action in the PLT, and under Article 12 of PLT, the contracting parties are allowed
to choose either of "Due care" and "unintentional" as the requirement forproviding a remedy;
As a legislation example according to the above provision in foreigncountries, for example, in Europe, the criterion of "Due care" was adopted and theprovision has been implemented such that the remedy is available when a failure
to observe the prescribed period for action occurs even though due care was used;considering the above and other issues, at the time of legislation, though Japan had
not acceded to PLT, from the view point of international harmonization, it wasdecided to take flexible remedy measures even when a failure of observing apredetermined time period for action was made for applicants of foreign language
patent applications.
In interpreting the significance of the "justifiable reason" prescribed in
Article 184-4, Paragraph 4 of the Patent Act, however, taking the followings into
consideration is required:(1) Since a foreign language patent application is regarded as a patentapplication filed on an international filing date in Japan in the international patentapplication system under the Patent Cooperation Treaty by submitting atranslation within a national documents submission period, applicants of foreign
language patent applications attempting to utilize the system are required tosubmit the translations of the description and the other required filing documents
within a national documents submission period at their own responsibility;(2)After the lapse of the national documents submission period, third partiesare responsible for monitoring whether the foreign language patent application
was deemed to have been withdrawn.

【問 2】●第１条
Licensor hereby grants Licensee an exclusive license (the "License") to: (1)adapt the Work into a comic script (the "Script") as is consented to by Licensor inwriting in advance; (2) create the original master for the comic publication (the"Master") by putting together the Script and the series of comic arts developed by anart designer approved by Licensor in writing in advance; and (3) distribute, during
the period commencing on April 1, 2017 and continuing through the last day ofMarch 2018 (the "Distribution Term"), the copies directly made from the Master(the "Content") on the comic electronic publication service operated by Licenseeat www.xyz.publishing.online and currently named as "XYZ Comic Online" (theService") to the users of the Service in a copy-guarded download format in a manner
restricting the access to the Content only to those made within the geographicalterritory of the United States of America (the "Territory").
●第５条
In consideration of the License hereof, Licensee shall pay to Licensor: (1)the one-time royalty in respect of the license for the creation of the Script and theMaster, which shall be in the amount of 50,000 US$; (2) the minimum lot royalty for
the Content in the amount calculated as the product of 40% of the retail price (USDollar) of the Content on the Service multiplied by 1,000,000 copies; and (3) therunning royalty for the Content in the amount calculated as the product of 40% of
the retail price (US Dollar) of the Content on the Service multiplied by thedifference between the accumulated number of the distributed copies and 1,000,000copies, provided that if such difference is of negative value, such difference shall bedeemed as zero.