일본의 신통상실시권등록제도

Abstract

In Japan, Newly emerging non exclusive license has been newly introduced as the act on partial revision of the patent law and others was adopted on 11th April, 2008 and then published as act16 on 18th July. Newly emerging non exclusive license registration system is prescribed on act on special measures for industrial revitalization. This system is complimentary measure to register non exclusive license which has been difficult to be registered under registration system on the patent law and realization and legal effect of non exclusive license follows enactment of the patent law or utility model law because this is not establishment of the new non exclusive license. This system is to amend the patent law and utility model law for the purpose of review of registration system related to non exclusive license within the framework of promoting strategic use of the intellectual property right. The subject matter of revision is prescribed as follows: 1. Creating(Establishing) a new registration system which protects licensee at the stage of application for patent, 2. Limiting the release of registered items which is required to be confidential such as the name of licensee and the range of non exclusive license to the specific interests (concerning the act on partial revision of the patent law, 04/2008, the Industrial Property Office). Newly emerging non exclusive license that is neither monopolistic nor exclusive protects licensee making a contract by establishing registration on the right to obtain patent at the stage of creation of the right, which is epochal innovation of system.