受験番号：24IPL002［設問１］

In this connection, the Patent Law Treaty (the “PLT”) stipulates “reinstatement of rights” for anapplicant having lost his/her rights due to a failure to comply with a time limit for an action in aprocedure, and allows the member states to choose either “Due Care” or “Unintentional” as arequirement to grant this relief (Article 12 of the PLT). National legislations according to thisprovision include, for example, the one in the EU which adopts the “Due Care” requirement andgrants relief to an applicant who fails to comply with a time limit even though he/she has paid due
care. Although Japan was not a member state of the PLT at that time, the Japanese Patent Act
seems to have taken such practice into account for the sake of international harmonization andadopted a system to grant relief flexibly to applicants having filed patent applications in foreign
languages and then failed to submit translations within a prescribed period.

Having said that, the meaning of “justifiable reason” under Article 184-4(4) of the Patent Act should
be interpreted in light of the following factors: (1) considering the international application system
based on the Patent Cooperation Treaty wherein an applicant having filed a patent application in aforeign language and then submitted a translation thereof into Japanese within the time limit for
submission of national documents shall be deemed to have filed the application in Japan as of theinternational filing date, an applicant having filed a patent application in a foreign country whointends to take advantage of this system should take the responsibility of submitting translations of
the specification and other foreign language documents within the time limit for submission ofnational documents; and (2) even after the lapse of the time limit for submission of national
documents, third parties need to continue to monitor whether or not the patent application in aforeign language is deemed to have been withdrawn.
［設問２］

The Licensor grants an exclusive license (the “License”) to the Licensee to (i) adapt the Work into ascript for a comic with such contents as agreed upon by the Licensor in writing in advance (the“Script”), (ii) add to the Script a series of cartoons developed by an art designer approved by theLicensor in writing in advance, and thereby produce an original edition for publication as a comic(the “Original Edition”), and (iii) distribute copies produced directly from the Original Edition (the“Content”) for the period from April 1, 2017 to March 31, 2018 (the “Distribution Period”) throughthe electronic comic publication service operated by the Licensee at www.xyz.publishing.online andcurrently called as “XYZ Comic Online” (the “Service”) in a manner accessible only by users of theService in the geographical region of the United States of America (the “Region”) in a download
format which prohibits reproduction.

As consideration for the License, the Licensee shall pay the Licensor (i) USD 50,000 as a fixed sum
royalty for producing the Script and the Original Edition, (ii) a royalty for minimum order quantity
for the Content in an amount obtained by multiplying forty (40) % of the retail unit price (in USD)of the Content in the Service, by one million (number of copies), and (iii) a running royalty for theContent in an amount obtained by multiplying forty (40) % of the retail unit price (in USD) of theContent in the Service, by the cumulative number of copies distributed minus one million (or if theresult of subtraction is negative, it shall be deemed to be zero).