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Dec 2007 vol.3 YUASAANDHARA Business L Aw News CONTENTS OF THIS ISSUE Registration System of License for Patents under Blanket License Agreement 1 Labor Contract Law (Law No. 128 of 2007) and Bill
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128) in response to the recommendation of the Japan Industrial Technology Network's (ITC)'s Special Measures Working Party. This is the second of the two laws intended to deal with the issue of blanketing of the patent office to create favorable conditions for new companies. The Law of March 5, 2007 (Less. No. 112 of 2007) was used to accomplish those objectives. Although that Law did not directly expand the scope of blanketing provided by that Bill, it did set an important precedent by establishing a general framework of blanketing in the industry as a whole. This is why the Law of March 5, 2007, was used over the Law of March 5, 2007, to establish the basic principles of blanketing of the office for all the new companies in the industry. The Law of March 5, 2007 (Law No. 128) contains provisions which are the key to the success of the Blanket License Agreement (BLA). Section 7 of the BLA provides that the BLA “shall apply” throughout the territory of Japan or the business unit of the applicant if it is proposed by the applicant, unless there are exceptional circumstances. Under Section 10, the applicant may apply only to apply for a single patent in the area subject to an agreement. Section 13 requires that the parties to the agreement take the first step in establishing a BLA as directed by the government. Section 14 provides that the BLA shall be entered into as soon as practicable, and that the applicant has the right to request an extension to its duration. Section 15 sets forth the procedure to be followed in each of the BLA proceedings. Section 29 provides that if the Patent Trial and Appeal Board rules against the applicant, the BLA shall be declared abandoned, and no license to a particular applicant for the duration of the BLA shall be granted under the BLA. Section 30 provides that upon agreement of the parties to the BLA, the applicant is entitled to the sole right to grant a blanket license under a non-residential blanket license on a worldwide basis. Section 31 sets out the provisions for the grant of license by the BLA and the conditions for the exercise of the right to grant a blanket license. Section 33 sets out the procedures for a petition to terminate a blanket license. The License Agreement The BLA contains nine basic principles for the grant of a blanket license. These principles are specified in Sections 2, 3 and 4 of the License Agreement.

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