Regulations on Commissioned Research in the University of Electro-Communications
September 7, 2004
AmendedApril 1, 2005
April 1, 2007
April 1, 2009
May 22, 2012
February 26, 2014
Article 1. Summary
These regulations prescribe the handling of research conducted in the University ofElectro-Communications (hereinafter, “the University”) as official duties, commissioned
by a private or other outside institution (hereinafter, “commissioning institution”) for
which the costs are borne by the commissioning institution (hereinafter, “commissionedresearch”).
Article 2. Standards for AcceptanceCommissioned research shall be accepted only if it is determined that the research ismeaningful from the standpoint of the education and research of the University, and that
there is no risk of interference with the everyday education and research of the University.
Article 3. Conditions of Acceptance
1. The conditions listed in the following items shall be attached to acceptance ofcommissioned research.
(1) The commissioning institution shall not be able to unilaterally terminate thecommissioned research.
(2) Intellectual property rights (patent rights, utility model rights, design rights, andtrademark rights, as well as the right to obtain these rights) arising as a result of thecommissioned research shall belong to the University, and it shall not be possible toallow the use of these rights for free or to transfer these rights. However, in the case of
research commissioned by a nongovernmental entity, it shall be possible to transfer a
portion of the patent rights or utility model rights related to the research results to that
nongovernmental entity.
(3) The equipment, etc. obtained with the funds necessary for the commissioned researchshall not be returned.

1(4) If due to unavoidable circumstances the commissioned research is terminated early or
the research period is extended, the University shall not bear responsibility for this, andshall in principle not return to the commissioning institution the funds necessary for thecommissioned research.
(5) The funds necessary for the commissioned research shall in principle be paid prior to
the start of the research.
2. Regarding conditions (3) and (5) of the preceding clause, in case the commissioning
institution is a government institution, or a government-related institution such as apublic financial institution or public corporation, a local public entity, an independentadministrative agency, or a national university corporation, it shall be possible upon
consultation not to attach these conditions.
Article 4. Decision on Acceptance
1. The decision to accept commissioned research shall be made by the University
President based on application from the commissioning institution.
2. An entity intending to apply for commissioned research shall submit to the University
President an Application for Commissioned Research (hereinafter, “Application”).
3. The University President upon receiving an Application as per the preceding clauseshall notify the contents to the Director of the Center for Industrial and Governmental
Relations (hereinafter, “Center Director”).
4. The Center Director, based on the notification of the preceding clause, shall conduct a
review in the Steering Committee of the Center for Industrial and Governmental
Relations concerning acceptance of the commissioned research, and shall report theresult to the University President.
5. The University President upon deciding to accept the commissioned research as per
clause 1 shall notify this to the head of the commissioning institution and the contractmanager.
Article 5. Conclusion of Agreement
The contract manager, based on the notification of the decision to accept as per thepreceding article, shall conclude an agreement with the commissioning institution oncommissioned research.
Article 6. Research Costs, etc.
1. The research costs to be borne by the commissioning institution for commissioned
research shall be the total of direct costs and indirect costs, of which the direct costs
shall be the necessary honorariums, travel expenses, personnel costs such as for research2

assistants, equipment costs, supplies expenses and other expenses directly necessary for
conducting the research, and of which the indirect costs shall be necessary expenses
related to the conducting of the research other than direct costs. In the cases listed below,
however, the costs may be limited to direct costs alone.
(1) When the commissioning institution is a government body (including anongovernmental institution, etc. receiving government funding when it is clear that theresearch was commissioned using those funds), a corporation having a special status,
government-authorized corporation, independent administrative agency, nationaluniversity corporation, or local public entity, indirect costs were not provided due tobudgetary or financial circumstances, and the University President deems it truly
unavoidable.
(2) When the research is funded by competitive funding, indirect costs were not budgetedin that funding, and the University President deems it truly unavoidable.
2. When calculating the amount to be borne by the commissioning institution as per thepreceding clause, the amount of indirect costs shall be equivalent to 30% of direct costs.
However, in case due to circumstances on the commissioning side an amount different
from 30% is necessary, this shall be decided in consultation with the commissioning
institution.
3. The research costs stipulated in clause 1 shall be paid by the deadline stipulated in thenotification from the University after conclusion of the commissioned research
agreement.
Article 7. Handling of Research Funds Insufficiency
1. In case a shortage occurs in research funds, the University President shall immediately
notify the commissioning institution along with the reasons, etc. and shall consult
regarding responsibility for making up the shortage.
2. The University President shall notify the results of the consultation of the precedingclause to the faculty member responsible for the commissioned research (including nonfull-time research staff performing research activities in the University and conducting
the commissioned research in the University; hereinafter, “commissioned researchstaff”) and the contract manager.
3. The provisions of Article 5 shall apply mutatis mutandis to changes in thecommissioned research due to the provision of the preceding clause.
Article 8. Acceptance of Research Equipment, etc.
When necessary for conducting commissioned research, it shall be possible to receivefrom the commissioning institution equipment, etc. owned by the institution. In such a3

case the commissioning institution shall bear the costs of delivering and installing theequipment, etc.
Article 9. Early Termination or Extension of Research Period
1. The University President shall be able to terminate the commissioned research early orextend the research period, in consultation with the head of the commissioned institution,in the case of a natural disaster or other unavoidable circumstances, or in case thecommissioned research staff requests early termination or extension and it is deemedunavoidable for conducting the research.
2. When early termination of the commissioned research is requested by thecommissioning institution, the University President shall decide this in consultation withthe commissioning institution.
3. In the case of early termination or extension is decided as per the two preceding clauses,
the University President shall notify this to the commissioned research staff and thecontract manager.
Article 10. Handling of Research Costs, etc. When Research Is Terminated, etc.
1. When the commissioned research is completed or terminated early and there are unused
research costs, it shall be possible to return all or part of the unused portion to thecommissioning institution.
However, if early termination is on request from the commissioning institution, inprinciple the funds necessary for the commissioned research shall not be returned;
provided, however, that this shall not apply in case the reason for the early termination isthe inability of the University to fulfill its obligations under the commissioned research
agreement.
2. When the commissioned research is completed or terminated early, the equipment, etc.
received from the commissioning institution as per the provisions of Article 8 shall be
returned to the commissioning institution in the condition it was at the time the research
was completed or terminated. In such a case the commissioning institution shall bear thecosts of removing and transporting the equipment, etc.
Article 11. Exercise of Patent Rights
Regarding inventions arising from the commissioned research, the University Presidentshall decide in consultation with the commissioning institution matters relating to thetransfer of rights, exclusive licensing, and nonexclusive licensing of the right to obtain apatent succeeded by the University or the patent rights obtained based thereon (hereinafter,“patent rights, etc.”).

4Article 12. Exercise of Utility Model Rights, etc.
The preceding article shall apply mutatis mutandis to utility model rights and the right toreceive registration of utility models arising as a result of the commissioned research.
Article 13. Transfer of Patent Rights or Utility Model Rights, etc.
When the University President transfers patent rights or utility model rights belonging tothe University, this shall be done in accordance with a separately prescribed transfer
agreement
Article 14. Confidentiality Obligation
1. The University President and commissioning institution shall not disclose or leak topersons other than the commissioned research staff any information provided ordisclosed by the other party or learned in implementing the commissioned research.
2. The commissioned research staff shall not use for purposes other than thecommissioned research any information disclosed by the other party or learned;
provided, however, that this shall not apply in cases where written consent is obtained
from the commissioning institution in advance.
Article 15. Reporting and Announcement of Research Results
1. The commissioned research staff on completion of the research shall report this to theUniversity President.
2. When the results of the commissioned research are reported to the commissioning
institution, this shall be done by the commissioned research staff.
3. When the results of commissioned research are made public, this shall be done by thecommissioned research staff after obtaining approval from the Center for Industrial andGovernmental Relations.
Article 16. Administrative Matters
The acceptance of commissioned research and other general administration shall be
performed by the Research Promotion Office, and accounting-related matters shall behandled by the Financial and Accounting Office.
Article 17. Miscellaneous Provisions
In addition to the matters prescribed in these regulations, necessary matters concerning
the handling of commissioned research shall be prescribed separately.
Supplementary Provisions

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These regulations are effective as of September 7, 2004 and are applicable from April 1,2004.
Supplementary Provisions
These regulations are effective as of April 1, 2005.
Supplementary Provisions
These regulations are effective as of April 1, 2007.
Supplementary Provisions
These regulations are effective as of April 1, 2009.
Supplementary Provisions
These regulations are effective as of May 22, 2012
Supplementary Provisions
These regulations are effective as of February 26, 2014 and are applicable from February
1, 2014.

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