The Job Invention Regulation of N I Tech | 名工大 産学官金連携機構

 

(Purpose of the Regulation)
Article 1 This regulation is intended that establishing basic matters relating to the handling the Invention or the like which has been made by the Constituent Member of the National University Body Corporate Nagoya Institute of Technology (referred to as “the Corporate”hereinafter), and thereby,contributing the advancement of the academic research, as well as trying the utilization of the results of the academic research.
(Definition of the Words)
Article 2 In this regulation, the “Invention or the like” means particulars mentioned bellow
1)  Any and all inventions which can be the subject for patent right.
2)  Any and all devices which can be the subject for utility model right.
3)  Any and all creations which can be the subject for copy right such as design right,
trade mark right, circuit arrangement utilization right, program or the like.
4)  Any and all cultivations which can be the subject for the right relating to breed
registration .
5)  Any and all work outs or creations which can be the subject for the right relating
to all any other technical information and practical knowledge.
2.In this regulation, the “Constituent Member” means all persons mentioned bellow:
1)  The president and the directors of the board of the Corporate.
2)  All staffs who are applicable for the Working Regulations of the National University
Body Corporate Nagoya Institute of Technology.
3)  All graduate or undergraduate students, and studying member (referred to as
“the Student or the like” hereinafter) of the Nagoya Institute of Technology
(referred to as “the University”hereinafter).
3.In this regulation, the “Job Invention or the like” means any and all inventions created as a result of the research which have been done by a Constituent Member using research expenditure, or facilities and equipments of the Corporate.
4.In this regulation, the “Intellectual Property Right” means any and all particulars mentioned bellow:
1)  Patent right and right to be patented provided at the Patent Law
(Law Number 121 of Showa 34).
2)  Utility model right and right to be registered as utility model provided at the Utility
Model Law (Law Number 123 of Showa 34).
3)  Design right and right to be registered as design right provided at the Design Law
(Law Number 125 of Showa 34).
4)  Trade mark right and right to be registered as trade mark provided at the Trade
Mark Law (Law Number 127 of Showa 34).
5)  Circuit arrangement utilization right and right to be registered as establishment of
circuit arrangement utilization right provided at the Law relating to Circuit
Arrangement of Semi-conductor Integrated Circuit
(Law Number 43 of Showa 60).
6)  Right relating to breed registration and right to be registered as breed
registration provided at the Seed and Seeding Law(Law Number 83 of Heisei 10).
7)  Program copyrighted work provided at the No.10-2 of the Section 1 of the Article
2 of the Copy Right Law, and copyright provided at the Article 21 through 28 of
the Copy Right Law which are related to copyrighted work of data base provided
at the No.10-3 of the Section 1 of the Article 2 of the Copy Right Law.
8)  Any and all Intellectual Property Right not mentioned at the preceding 1) through
7) of this Section and having proprietary nature.
5.In this regulation, the “Inventor” means a Constituent Member who made the Invention or the like.

(Attribution of Right)
Article 3 Any and all Intellectual Property Rights which relate to the Job Invention or the like shall belong to the Corporate, provided, however, that those decided not belong to the Corporate.
2.If the Constituent Member jointly made a Job Invention or the like with a person other than the Constituent Member (referred to as “the Third Party” hereinafter), the right which the Constituent Member possessed of about the Intellectual Property Right shall belong to the Corporate,provided,however,that those decided not belong to the Corporate.

(The Intellectual Property Committee)
Article 4 The National University Body Corporate Nagoya Institute of Technology Intellectual Property Committee (referred to as “the Committee” hereinafter) is set up in order to deliberate matters relating to the Job Invention or the like.
2.The matters necessary for the Committer shall be defined in separate.

(Notification)
Article 5 The Constituent Member shall notify to the president by the Attached Form 1 immediately if he or she has made an invention or the like which can be fall into the Job Invention or the like.

(Attribution of an Invention or the like)
Article 6 The president, when there is a notification of the preceding article, shall consult the Committee about the accreditation of Job Invention or the like, and the attribution of the Intellectual Property Right.
2.The Committee shall immediately deliberate and report it to the president, based on the president’s consult.
3.The president shall decide about the accreditation of the Job Invention or the like and the attribution of the Intellectual Property Right, then give notice to the Inventor, based on Committee’s report.

(Submission of the Deed of Assignment)
Article 7 The Inventor should submit the Deed of Assignment of the Attached Form 2 to the president when he or she received the decision notice saying that the Intellectual Property Right according the Job Invention or the like should attribute to the Corporate.

(Opposition)
Article 8 The person who received the notice of the provision of the Section 3 of the Article 6, and if he or she has any opposition against the content of the notice, he or she is allowed to file an opposition to the president within two weeks after the day he or she received the notice.
2.The president, if an opposition of the preceding section has been filed, shall consult the Committee about the matters relating to the opposition.
3.The Committee shall deliberate about the consultation of the preceding article, and report the result to the president.
4.The president shall decide the reasonability of the opposition based on the report of the preceding section and notify the opponent of the result.

(Restricted Act)
Article 9 The Inventor shall not file an application for patent before a patent office nor assign to the Third Party concerning the Invention or the like which has been made notification of the provision of the Article 5, unless after he or she received the decision saying the Invention the like was not accredited as the Job Invention or the like, nor unless after he or she received the decision saying that the Intellectual Property Right about the Job Invention or the like should not make belonging to the Corporate.

(Application for Patent)
Article 10 The president shall file an application for patent before a patent office immediately after the decision that the Intellectual Property Right relating to the Job Invention or the like should belong to the Corporate, provided, however, that those correspond to the No.7 or No.8 of the Section 4 of the Article 2.
2.All and any costs and expenses for the application according to the preceding section should be paid for by the Corporate.
3.The Inventor should cooperate for any and all procedures according to this regulation.

(Maintenance of the Intellectual Property Right)
Article 11 All and any costs and expenses for the maintaining of the Intellectual Property Right which being made to belong to the Corporate should be paid for by the Corporate.

Article 12 The president shall not maintain the Intellectual Property Right which received the report from the Committee saying it was appropriate not to be maintained by the Corporate, based on the result of the deliberation.
2.The Committee shall listen to the opinions of the Inventor in advance, in order to make reference for the deliberation of the preceding section.
3.It shall be possible to assign the Right to the Inventor, if the Corporate decided not to maintain the Right based on the Section 1 of this article.

(Usage of the Intellectual Property Right for Research Activity by the Inventor)
Article 13 The Inventor can not make an assertion any licenses about the Job Invention or the like relating to the Intellectual Property Right which belong to the Corporate. However, the Inventor can use the Job Invention or the like for his own or her own research activities as far as when he or she uses them by themselves, after receiving permission by the president.

(Allocation of Revenue)
Article 14 The allocation of revenue gained through the operation of the Intellectual Property Right, the licensing or the disposition thereof to the Third Party shall be decided by the president,based on the deliberation by the Committee.
2.The revenue provided in the preceding section means the amount which deducts patent application fees, registration fees, and other any and all expenses needed for gaining and maintaining the Right (referred to as “the Expenses” hereinafter) from the incomes gained by the Job Invention or the like. ~ However, the costs for research, the cost for equipments, and the costs for personnel should not be included in the Expenses.
3.The revenue gained through the operation of the Job Invention or the like shall be allocated by the following proportion:
1)  To the Inventor: 30%
2)  To an organization or a program operated by the Corporate for which the
Inventor designates: 10%
3)  To the Corporate: 30%
4)  To the Intellectual Property Management Division, the Techno-Innovation Center, Nagoya Institute of Technology: 30%
4.In the No.2 of the preceding section, it shall be allocated to the Corporate if the Inventor does not designate an organization or a program operated by the Corporate.

(Notification and Application mutatis mutandis to the other Provisions)
Article 15 The handling when the Constituent Member have made the Invention or the like which can be fall into the Job Invention or the like jointly with the Third Party shall apply the Article 5 mutatis mutandis.
2.Provisions from the Article 6 through the Article 9, the Article 13 and the Article 14 shall apply mutatis mutandis, if the notification of the preceding section has been made. In this case,“the Intellectual Property Right” in the provision should be read as “the right which the Constituent Member possessed of about the Intellectual Property Right”.

(Consultations with the Third Party)
Article 16 If the right which the Inventor possessed of about the Job Invention or the like, which is made jointly with the Third Party, have been made to belong to the Corporate, the Corporate and the Third Party should consult with each other to decide the Intellectual Property Right relating to the application of patent, the maintenance of the right, the licensing to the Third Party or other matters of the Job Invention or the like.

(Other Invention or the like)
Article 17 The Committee shall deliberate the attribution, if there is an offer from the Inventor which he or she hopes to assign the Intellectual Property Right about the Invention or the like not falling into the Job Invention or the like to the Corporate.
2.The Invention or the like about which the Intellectual Property Right has been decided to belong to the Corporate after the deliberation of the preceding Section shall apply the Article 7 and from the Article 10 through the Article 13 mutatis mutandis.

Article 18 The handling of the Invention or the like, obtained by the Student or the like as the result of the study or the research which was done at an organization other than the University, shall follow the determination made between the Corporate and the organization.

Article 19 The handling of the Invention or the like, obtained by a staff who is dispatched from an organization other than the Corporate and jointly worked with the other Constituent Member using the research expenses or facilities and equipments of the Corporate, shall follow the determination made between the Corporate and the organization which dispatched the staff.

(Handling after Retirement or Graduation)
Article 20 The handling of the Invention or the like which falls into the Job Invention or the like made during his or her tenure in the Corporate shall be followed by this regulation, even after the retirement or the graduation of the Constituent Member. However, the provision of the Article 14 shall not be applied if the whereabouts of the Constituent Member is not known.

(Confidentiality Obligation)
Article 21 The person who were able to know the Invention or the like such as a inventor, a member of the Committee, or other staffs (referred to as “the Confidentiality Obliged Person” hereinafter) shall not leak any secrecy about the matters relating to the Invention or the like, provided, however, that in case of the announcement to the public under agreed between the president and the Inventor.
2.The provision of the preceding section shall be applied even after not being on the register of the Corporate such as the retirement, the graduation or the like of the Confidentiality Obliged Person.

(Miscellaneous Provision)
Article 22 Any and all necessary matters for the handling the Invention or the like other than the matters provided by this regulation shall be decided separately by the president after deliberation of the Committee.

Supplementary Provision
This regulation shall be enforced from the first day of April in the year of Heisei 16.

 
Translated by Kenzo Morita*
October 20, 2004

 

All right reserved

 

*Intellectual Property Manager
Intellectual Property Management Division
Techno-Innovation Center
Nagoya Institute of Technology