★★★ ＜第30回知的財産翻訳検定試験【第16回和文英訳】＞ ★★★
≪１級課題 -知財法務実務-≫【問 1】
Even if, as in the present case, the characterizing part of thepatented invention is only a part of the product of the patentee as animplementation of the patented invention, the full amount of the marginal
profit obtained from the sale of the patentee's product should be virtually
presumed as the lost profit of the patentee. In the meantime, it is also
recognized that realization of good rotation of the rolling part is also
important for the plaintiff's product and the above characterizing part which
is a necessary member therefor, that is, the shape of the bearing and theinner circumference of the rotor, contributes to the profit from the sale of theplaintiff's product to a certain extent.
However, as described above, since the plaintiff's product is a beauty
instrument that plucks up the skin and confers a cosmetic effect by pressing
a pair of rolling parts against the skin and rotating them, we find that thepart of the plaintiff's product that has significant goodwill is theconfiguration of the rolling parts. Meanwhile, as described in (a) above, theplaintiff's product is equipped with a solar panel to generate a weak electric
current, which is admitted to increase the goodwill. In view of thesecircumstances, since it cannot be found that the characterizing part of thepresent case contributes to the entire profit from the sale of the plaintiff'sproduct, it is not reasonable to recognize the full amount of the marginal
profits from the sale of the plaintiff's product as the plaintiff's lost profit.
Therefore, we have found that the above virtual presumption should bepartially overturned in the case of the plaintiff's product.

【問 2】
1. I hereby covenant to, during my employment with the Company andthereafter, keep the confidentiality of any and all non-public information
related to the Company and made accessible to me (including without
limitation any information controlled by the Company as secret, and any
information that may, by its nature, bring some impact to the business of
the Company if known to any third party, irrespective of whether or notthe Company controls such information as secret) (the “ConfidentialInformation”), and also not use any Confidential Information for any
purpose other than for the business of the Company, unless otherwise
explicitly authorized by the Company in writing.
2. With respect to any and all idea, invention, design, work of authorshipand other intellectual property conceived or created by me during myemployment with the Company and so prescribed under the Employment
Rules of the Company (the “Intellectual Property”), I hereby
acknowledge that such Intellectual Property shall constitute a propertyof the Company in accordance with such Employment Rules, and alsocovenant to not claim any right in respect of any Intellectual Property,
and to handle any Intellectual Property mutatis mutandis in accordancewith the preceding Section, deeming such Intellectual Property as theConfidential Information.
3. I hereby covenant to, in the event where my breach of any covenant madeherein causes any dispute between the Company and any third party,
hold the Company harmless from such dispute and resolve such disputewith such third party at my liabilities. I also hereby covenant toindemnify the Company or such third party as applicable from any
damages incurred by the Company or such third party as the result ofsuch dispute, to the extent that the Company is not liable therefor andthat such indemnification is permitted under the applicable law.