★★★ ＜第34回知的財産翻訳検定試験【第18回和文英訳】＞ ★★★
≪１級課題 -知財法務実務-≫【問 1】
There are two types of systems for keeping patent applications
unpublished: the system used in the U.S., U.K., France, and other countries
to withhold the procedure for granting a patent (so-called "examinationsuspension" system), and the system used in Germany and China to grant apatent right without publishing applications to the public (so-called "patentgrant" system). Both in view of the nature of the Japanese patent system,
and from the standpoint of practical usability, a system of withholding
procedures should be introduced.
In other words, for patent applications that contain inventions thatare extremely sensitive to Japan's security and should not be made public,
such a system should be introduced that enables withholding patenting
procedures, such as publication of an application while securing the status ofa prior application for an applicant, taking measures to prevent the outflow
of such inventions, and returning such applications to a normal patenting
procedure when the degree of sensitivity thereof decreases. As for theprocedure for selecting inventions not to be disclosed to the public, it isimpractical to conduct a full-scale examination of all applications, amounting
to approximately 300,000 applications per year, which may cause delays in
the entire patent procedure. The number of eligible applications should benarrowed down as much as possible, and a second examination should be
conducted by the department in charge of the new system, which
comprehensively examines the sensitivity of the application and its impact
on industry.
If, as a result of the second-stage examination, it is decided not todisclose the invention, there should be a framework that requires theapplicant to take measures to preserve information on the sensitive
invention and imposes restrictions on the implementation of the invention,
as is the case in other countries. In addition, as long as the government
imposes such restrictions, it should compensate for any loss.
Furthermore, since it is not appropriate to allow foreign applications
to be filed freely while establishing such a system, it is necessary to establish
an obligation to file a patent application in Japan first for inventions subject

to the second examination.
【問 2】
1. ABC hereby represents and warrants the following to XYZ:
(1) In connection with the Standard Essential Patents, ABC isauthorized by the patent holders of each patent constituting the sameto grant any business operator engaged in the business ofmanufacturing and distributing the Products a license as required forthe manufacture and distribution of the Products on a non-exclusive
basis; and(2) If there occurs any addition to the Standard Essential Patents due toaddition of any new technique to the Standard Essential Techniques,
ABC will automatically grant XYZ a license for such added Standard
Essential Patent on the terms and conditions as contained herein
without requiring XYZ to pay any additional license fee as long as
this Agreement continuously remains in force.
2. XYZ hereby represents and warrants the following to ABC:
(1) XYZ is a business operator engaged in the business of manufacturing
and distributing the Products, and exploits the Standard Essential
Patents in and for the Products as manufactured and distributed byitself;(2) If XYZ manufactures any component of the Product for the benefit of
any third party and supplies the same to such third party, XYZacknowledges that the license granted hereunder in respect of theStandard Essential Patents shall not be valid with respect to suchcomponent, and that such third party should separately acquire alicense for the final product containing such component, and in theevent that XYZ agrees anything contrary to the foregoing with suchthird party, XYZ shall perform such agreement at its own expenseand liability; and(3) Even if in connection with any Standard Essential Patent, in part orin whole, the patent right therefor has been invalidated or otherwise
ceased to exist, XYZ may not refuse the payment of any license fees
payable to ABC, or require any discount in the amount thereof.

3. Any breach of any representation or warranty as set forth in thepreceding two paragraphs shall also constitute a breach of thisAgreement, and the non-breaching party shall also be entitled to any
remedy under this Agreement and the law (including equity whereapplicable) as applicable to a breach of contract.