法令番号: 勅令第36号
公布年月日: 昭和22年1月31日
法令の形式: 勅令

審議経過

I hereby give My sanction to the Imperial Ordinance concerning the investigation of use of patented inventions and others owned by the United Nations Nationals, under the Imperial Ordinance No. 542 of the twentieth Year of Showa (1945) relating to the Orders to be issued in consequence of the acceptance of the Potsdam Declaration and cause the same to be promulgated.
Signed: HIROHITO, Seal of the Emperor
This thirtieth day of the first month of the twenty-second year of Showa (January 30, 1947)
Countersigned: Prime Minister　YOSHIDA Shigeru
Minister of Commerce and Industry　HOSHIJIMA Niro
Imperial Ordinance No. 36
Article 1.　Those who worked or used (hereinafter shall be called "used") inventions, utility-models, designs or trade-marks, which come under following items, from June 1, 1941 to December 1, 1946, shall submit reports concerning use of these rights, in accordance with Form A or B and Remarks attached hereto, to the Minister of Commerce and Industry through the Director-General of the Board of Patents and Standards, not later than March 31, 1947:
1.　Patented inventions, registered utility-models, registered designs or registered trade-marks, which were registered on or after December 7, 1941, in the names of the United Nations Nationals (including those who turned to be the United Nations Nationals after December 8, 1941, and the same shall apply hereinafter);
2.　Inventions, utility-models, designs or trade-marks of the United Nations Nationals, of which patent or registration were applied, on or after December 7, 1941;
3.　Patented inventions, registered utility-models or registered trade-marks, of which registrations were made, in the name or names of person or persons other than United Nations Nationals, on or after December 7, 1941, under the agreement with the United Nations Nationals, and of which the United Nations Nationals have some interests hereafter.
Article 2.　Those who used or use hereafter inventions, utility-models, designs or trade-marks as provided for in items of the preceding Article, shall keep and maintain full and complete records regarding use of rights.
Article 3.　Any person who fails to submit a report as provided for in Article 1 or make a false report, shall be liable to penal servitude or imprisonment not more than three years or a fine not exceeding ¥30,000.
Article 4.　In case a representative of juridical person or an agent or employee or any other person engaged by a juridical person or a person made an act in contravention of stipulations in the preceding Article in connection with the business of the juridical person or the person, the offender shall be liable to a penalty and the juridical person or the person shall also be liable to a fine as provided for in the preceding Article.
Supplementary Provision:
The present Imperial Ordinance shall come into force as from the day of its promulgation.
Report From A (The size of paper should be 21 cm x 30 cm, copies 2 in Japanese and 7 in English.)
Report on the Use of Inventions (Utility-Models and Designs) owned by United Nations Nationals
Address and Name or Title of Reporter
a. Patent Number, Registration Number (or Application Number).
b. Nationality and Name or Title of Owner.
c. Address and Name or Title of User.
d. Title of Invention, Utility-model, or Design.
e. Authority under which use was made.
f. Length of time used.
g. Type of article produced.
h. Nature of use made.
i. Number and quantity of productions classified by year.
j. Net selling prices of productions and amount sold.
Report Form B (The size of paper should be 21 cm x 30 cm, copies 2 in Japanese and 7 in English)
Report on the Use of Trade-marks owned by United Nations Nationals
Address and Name or Title of Reporter
a. Registration Number (or Application Number).
b. Nationality and Name or Title of Owner.
c. Address and Name or Title of User.
d. Sketch of designed article and trade-mark.
e. Authority under which use was made.
f. Length of time used.
g. Nature of use made.
h. Amount of production, classfied by year, of article on which the said trade-mark was used.
i. Amount of sales and price of article on which the said trade-mark was used.
Remarks:
A. A report shall be made for each invention (utility-model, design or trade-mark) and its description shall be detailed and concrete.
B. "Authority under which use was made" in Report Form A-e, requires such descriptions as follows:
(a) License agreement with a United Nations National or assignment of right under certain restrictions.
(b) Expropriation or cancellation under provisions of Art. 40, par. 1 of Patent Law or same provisions to be applied mutatis mutandis in accordance with Art. 26 of Utility-Model Law.
(c) Expiration of period under provisions of Art. 43, par. 1 of Patent Law, Art. 10, par. 1 of Utility-Model Law or Art. 12, par. 1 of Design Law.
(d) Judgement in trial for giving a right of working under provisions of Art. 49 of Patent Law, Art. 11 of Utility-Model Law or Art. 13 of Design Law.
(e) Judgement in trial for invalidity under provisions of Art. 57 of Patent Law, Art. 16 of Utility-Model Law or Art. 17 of Design Law.
(f) Expirations of Art. 69, par. 2 of Patent Law and same provisions applied mutatis mutandis in accordance with Art. 26 of Utility-Model Law or Art. 25 of Design Law.
(g) Decision that a right shall be refused under provisions of Art. 77 of Patent Law or same provisions to be applied mutatis mutandis in accordance with provisions of Art. 26, or decision of refusal that is decided in that course of examination in accordance with provisions of Art. 21 of Design Law.
(h) Disposal of "not patent" or "not register" in accordance with provisions of Art. 1, par. 2 of the Wartime Law of Industrial Property.
(i) Cancellation in accordance with provisions of Art. 4 of the Wartime Law of Industrial Property, or disposal granting an exclusive license in accordance with provisions of Art. 5, par. 1 of the same Law.
(j) Custody by custodian under provisions of Art. 1 par. 1 of Custody of Enemy Provisions Law.
C. "Type of Article Produced" in Report Form A-g requires description of its type and standard in detail.
D. "Nature of use made" in Report Form A-h means in what parts of a machine or an apparatus, invention, utility-model or design was used.
E. "Authority under which use was made" in Report Form B-e, requires such descriptions as follows:
(a) Expiration of period under provisions of Art. 10 of Trade-Mark Law;
(b) Expiration of right under provisions of Art. 13 of Trade-Mark Law;
(c) Judgement of cancellation in trial in accordance with provisions of Art. 14 or 15, par. 1 of Trade-Mark Law;
(d) Decision of refusal under provisions of Art. 77 of Patent Law to be applied mutatis mutandis in accordance with the provisions of Art. 24 of Trade-Mark Law;
(e) Disposal of cancellation in accordance with provisions of Art. 4 of the Wartime Law of Industrial property;
(f) Custody of Custodian under provisions of Art. 1 of Custody of Enemy Property Law;
(g) Other necessary matters.
F. "Nature of use" in Report Form B-g requires such description as the case where the said trade-mark was printed on wrapping paper or the case where the said trade-mark was used in the way of printing it on articles.