★★★ ＜第32回知的財産翻訳検定試験【第17回和文英訳】＞ ★★★
≪１級課題 -知財法務実務-≫【問 1】
According to Article 2(1) of the Utility Model Act, a "device" is defined
as a "creation of a technical idea utilizing the laws of nature," and Article70(1) of the Patent Act, as applied mutatis mutandis by Article 26(1) of theUtility Model Act, provides that "a technical scope of a patent claim shall be
determined based on the wording of the claims attached to an application.”
In view of the above provisions, it is reasonable to determine that the term"creator" refers to a person who has actually participated in acts of creationof the device, and in order to be entitled as a "creator," the person must haveconceived the technical idea (technical problem and its solution) of the device
embodied in the claims, or must have been creatively involved in embodying
the idea.
The court finds that, by September 8, 2014, at the latest, theappellant and the appellee had shared information on the problems withfull-harness air-conditioned clothes used with an inner spacer andinformation on the fact that the position of the hole for passing a lanyard at
the back of the air-conditioned clothes differs depending on the shape of theharness-type safety belt and cannot be fixed in one position. Since the above
information relates to the problem of the device, which is an essential part ofthe device, we determine the appellant substantially contributed to thecompletion of the device, and the device is one jointly created by theappellant and the appellee.
Although the appellee was obliged to file the application for utility
model registration for the device jointly with the appellant, the appellee filed
the application alone and obtained the utility model registration. Therefore,
the present application falls within the scope of a violation of the joint
application requirement.

【問 2】
1. XYZ hereby acknowledges and admits, and refrains from disputing, thatthe mark “ABC” (the “Mark”) has acquired the notoriety in the territoriesof Japan through ABC’s use of the same on a motion picture distribution
service from April 2000 in the territories of Japan, and also that ABC
holds a certain right or interest in and to the goodwill associated with theMark (the “Trademark Right”).
2. ABC hereby acknowledges and admits, and refrains from disputing, thatthe video sharing site operated by XYZ and entitled “ABC ContentMarket” does not necessarily cause confusion with the ABC’s motion
picture distribution service, and is distinguishable from the same in themarket, and thus that the form of XYZ’s use for “ABC Content Market”
up to the execution date of this Agreement does not infringe the ABC’s
Trademark Right.
3. XYZ hereby agrees that on and after the execution date of thisAgreement, it will change the indication of “ABC Content Market” to“ABC Content Market – Presented by XYZ” in its use, and also that even
if it has obtained a trademark registration under the Trademark Act ofJapan for “ABC Content Market” or any other mark that partiallycontains the word of “ABC” in respect of the designated services
including video distribution services, it will not enforce the trademark
right under such trademark registration against ABC or any third party
designated by ABC.
4. ABC hereby agrees that on and after the execution date of thisAgreement, even if it has obtained a trademark registration under theTrademark Act of Japan for the Mark in respect of the designatedservices including video distribution services, it will not interfere with
the XYZ’s video sharing service by enforcing the trademark right undersuch trademark registration or the Trademark Right, and also that it
will not file a trademark application for any mark confusingly similar to“ABC Content Market” in respect of the designated services including
video distribution services.