ICT研究開発機能連携推進会議

(Japanese version of this page is here.)
●The use of STC (NICT Hokuriku StarBED Technical Center) facilities is restricted to the HIRP members only.
●Please read the following agreement between NICT and HIRP regarding the use of STC, as HIRP member (hereinafter referred to as Party B) and after you have understood and agreed to the terms, click the lower column and make your application in accordance with the instructions given in the link for “How to use the facilities at National Institute of Information and Communication Technology, Hokuriku STC”.
●When an HIRP member submits this application, the application shall be a manifestation of the member's intention to apply to STC as HIRP. The application shall be accepted at the STC office and after verification of the contents by HIRP and STC, the applicant shall be informed whether the use of the facilities would be possible or not.
●The following are the excerpts related to Intellectual Propery Rights only. The details will be discussed after you contact us.
●The contents are subject to change, so please read carefully before the use of the facilities.

 

National Institute of Information and Communications Technology (hereinafter referred to as Party A) and HIRP (Hokuriku ICT R&D Promotion Council- hereinafter referred to as Party B) hereby enter this agreement as follows, regarding the implementation of joint research related to the development of performance predictions, analysis and evaluation technology of a large scale network and the management of the results thereof.

1. Patent Application

　The patent application (including applications for international patents) for an invention related to any technological knowledge acquired as the result of the said joint research (hereinafter referred to as 'research results') shall be based on the following.

　(1) A member affiliated to Party A or Party B may apply for a patent independently in the case where an invention has been developed indigenously by a research fellow affiliated with Party A or by a research fellow affiliated with a member of Party B. In such a case, the party in question shall inform the other party in advance and shall obtain consent from the other party.

　(2) In the case where a patent application is made for an invention that is jointly developed by a research fellow affiliated to Party A and a research fellow affiliated to a member of Party B, the member affiliated to Party A and Party B shall enter into a Joint Patent Application Agreement after determining the respective share of members of Party A and Party B and apply jointly.

2. Licensing of Patent Rights

The licensing of the patent rights (includes the right to obtain the patent; the same shall apply hereinafter) for an invention related to the research results of the said joint research, shall be based upon the following.

　(1) In the case of an invention related to exclusive or the jointly owned patent rights held by the other party, a member affiliated to Party A or Party B may license it personally for non-commercial purpose (means an act that is not aimed at making profit or an act of licensing with a research and development purpose) or may allow a third party to license the invention for non-commercial purpose

　(2) In case of the patent rights related to the said joint research, Party A may preferentially license the invention related to the said rights owned by Party A (excluding the items mentioned in the following section) to a member affiliated to Party B or a member designated by Party B, provided it does not exceed a period of 5 years from the date of the application for the patent rights in question. However, if the said affiliated member of Party B fails to license the invention in question for 3 consecutive years or if the exclusive licensing right in question is significantly contrary to the public interest, the right to change it non-exclusive licensing is reserved.

　(3) In the case of jointly owned patent rights of a member affiliated to Party A or Party B (hereinafter referred to simply as 'jointly owned patent rights'), Party A shall agree to the preferential licensing of an invention related to the said rights to a party designated by a member affiliated to party B by a member affiliated to Party B, provided it does not exceed a period of 5 years from the date of the said patent application. However, if the said affiliated member of Party B fails to license the invention in question for 3 consecutive years or if the exclusive licensing right in question is significantly contrary to the public interest, the right to terminate the said agreement is reserved. 

　(4) Nothing in the preceding section shall prevent the joint holder of the patent rights in question from personally licensing it or from allowing a third party to license it for the reasons of personal work.

　(5) In the case of the patent rights owned by Party A or the patent application under the prosecution on the date of issue of the said agreement, which are based on the said joint research or based on any information that is based on the said joint research or in the case of a patent application done after the issue of the said contract and is unrelated to the said joint research, the licensing rights to a member affiliated to Party B shall be permitted in an express manner and not an implied manner.

　(6) The license fee for a patent shall be as follows:
　Party A may collect the licensing fee as decided in the separate licensing agreement, when Party A permits the licensing of invention related patent rights (not including jointly owned patent rights) owned by Party A, to a member affiliated to Party B or a person designated by a member affiliated to Party B.
　Party A may collect the licensing fee as established by a separate licensing agreement, when a member affiliated to Party B exploits an invention related to jointly owned patent rights. In such a case, the licensing fee to be collected shall be in accordance with Party A’s share related to the rights in question.
　The licensing fee for the jointly owned patent rights which is collected from a person designated by a member affiliated to Party B or a third party, shall be reverted to the person who owns the share of the said rights, in accordance with the share of the said rights.

　(7) In the case of the patent rights owned by Party A as prescribed here or the jointly owned patent rights of members affiliated to Party A and Party B, the licensing to a member affiliated to Party B or to a person designated by a member affiliated to Party B, shall be based on the licensing agreement established separately.

3.Application mutatis mutandis to the right of obtaining utility model registration

　1. Patent application, 2. Licensing for patent rights provisions shall apply mutatis mutandis to the right to obtain a utility model registration in and outside Japan and utility model rights as well as right to obtain design registration and design rights.

4. Rights related to produced works

　Among the results of the said joint result, the independently created original works by a research fellow affiliated to Party A or a research fellow affiliated to a member of Party B, shall be reverted exclusively to the said research fellow affiliated to Party A or the said member affiliated to Party B. 
　Among the results of the said joint result, the jointly created original works by a research fellow affiliated to Party A or a research fellow affiliated to a member of Party B, shall be jointly owned by the members affiliated to Party A and Party B in question (hereinafter referred to as “joint copyright holders” in this section) and the use thereof shall be based on the following.

　(1) Joint copyright holders may jointly obtain and maintain the copyrights, registration and other such protection related to the said works and cooperate mutually for the required formalities.

　(2) The joint copyright holders shall have the right to use the jointly owned work (including the right to allow a third person to use the said works for the purpose of joint copyright holder’s own business), without the consent of the other copyright holder and for free or without paying any compensation.

　(3) If a joint copyright holder allows a third person to use the rights related to jointly owned works for a purpose other than his own work, then it shall be necessary to obtain the consent of the other joint copyright holder. However, this shall not apply if the authorization to exploit the rights in question does not involve any compensation, or has a non-commercial use.

　(4) In case of (3), it shall be reconfirmed that any member concerned, who is affiliated to Party A or Party B shall not exercise the moral right of the author.

5.Handling of Information

　Any information that is disclosed or exchanged by Party A or Party B based on the said agreement, shall not be considered as constituting any kind of indication, guaranty, confirmation or assumption related to the infringement of patent right or any other right of a third party.
　Party A and Party B may make an independent decision regarding whether or not to disclose the information to a third party if such information was already possessed by Party A or Party B prior to the start of the said joint research or if such information was obtained independently during the period of the said joint research.
　Party A and Party B as well as any research fellows affiliated to Party A or Party B who are involved in the said joint research, shall not leak any secrets that are obtained from the other party through the said joint research to others and such secrets shall be used only for the said research and Party A as well as Party B shall take all the necessary precautions to make sure that their respective research fellows observe this strictly.
　In the case where Party A or Party B exploits the secrets as prescribed in the preceding clause, for a purpose other than the said research, it shall be necessary to inform the other party in advance and obtain the consent. Moreover, in the case where Party A or Party B licenses the product that has been obtained through the use of the said secret, commercially or allows a third party to license it, then the license shall be obtained from the other party based on the conditions decided after a separate deliberation.

6.Confidential Information

　The disclosure of any technical information where it is possible to conceal the property value and where such technical information is not included in the rights listed as applied mutatis mutandis concerning 1. Patent application, 2. Patent licensing, and 3. Rights to obtain utility model registration (hereinafter referred as ‘confidential information’), shall be as follows:

　(1)In case of the confidential information disclosed by Party A or Party B to the other party in a written document, a clear indication shall be given regarding the confidential information as belonging to Party A or Party B, along with the date, in the said written document.

　(2)In the case where confidential information is disclosed orally or visually, it shall be confirmed in a summary document prepared by Party A or Party B within 30 days of information disclosure. The said summary document shall summarize all the said confidential information without any exception and shall appropriately and clearly indicate in the said summarized document that the confidential information belongs to Party A or Party B, along with the date.

　In the case where any new confidential information obtained jointly by Party A and Party B during the process of implementation of the said joint research, Party A and Party B shall confirm with each other that the information is new and would require confidentiality and shall refer to the said information appropriately as ‘shared confidentiality’ in the document where the said information is described.

　Party A and Party B shall protect the confidentiality of the independently owned confidential information as provided by (1) as well as the jointly owned confidential information as provided by (2) and shall not disclose, publish or leak such information to other than self for a period of 5 years after the disclosure, unless separately specified otherwise after a due deliberation between Party A and Party B. Moreover, based on the said agreement, Party A or Party B may communicate any confidential information disclosed by Party B or Party A within their respective organizations, only on a need-to-know basis and not beyond that.

　It is hereby understood that even if Party A or Party B receives any confidential information based on the said agreement, it does not constitute in any form, into any obligation to restrict or control the appointments or dismissals of any of the employees of Party A or Party B.

　Party A and Party B may make a reasonable number of copies of the written document that contains confidential information as provided in (1) and (2) or of the summary, however, as a general rule, these copies may be distributed to people only on a need-to-know basis and Party A and Party B shall take the same kind of protective precaution which is usually taken in case of personal information of a similar nature.

　Irrespective of any provisions in the preceding clauses, the obligations mentioned above shall not be applicable to the information listed below:
(Any information already possessed by Party A or Party B, without any obligations of confidentiality.)
(Any information developed independently by Party A or Party B without any relation to the said joint research)
(Any information which can be obtained commonly without violating the said agreement or information that has become available)
(Any information that is obtained through fair means by Party A or Party B from a third party)
(Any information that Party A or Party B has agreed to disclose in writing)

　In the case of a legal petition, claim or order, Party A and Party B may disclose the confidential information. However, Party A and Party B must be notified speedily regarding the petition, claim or order in question.

7.The use of Confidential Information

　Party A and Party B may freely use the disclosed confidential information as prescribed in 6. Confidential Information (1), for the purpose of the said joint research.　Moreover, the said information may be used by a party designated by Party A or Party B, for the purpose of the said joint research, provided that an obligation of confidentiality is imposed as mentioned in the preceding clause.
　Party A and Party B may freely use the jointly owned confidential information as established in the item 2 of the preceding clause, for one’s own business. Moreover, it shall be possible to allow a party designated by Party A or Party B, to use the said information for the purpose of Party A or Party B’s work provided that an obligation of confidentiality is imposed as mentioned in the preceding clause.
　Irrespective of anything in this clause, in the case of the use or the authorization to use any produced works, even when the produced works are included in the definition of ‘confidential information’, the provisions of Clause 4 regarding the rights related to produced works shall be exclusively applied.