Intellectual Property Policy

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February 19, 2009

Intellectual Property Policy of Josho Gakuen Educational Foundation

Ⅰ Introduction

As one of the means to embody the goals of foundation, "For the world, for the people and for the community, our foundation strives to develop specialists with science-based practical skills who play an important role in society," Josho Gakuen Educational Foundation (hereinafter referred to as "Josho Gakuen") actively takes on itself the obligations of returning research results of its group universities of Osaka Institute of Technology, Setsunan University, and Hiroshima International University (hereinafter referred to as "Group Universities") to society at large and contributing to society through its professional expertise. The Intellectual Property Basic Act enacted in 2002 also provides:, "In light of the fact that their activities contribute to the creation of intellectual property in society as a whole, Universities ,etc, shall endeavor voluntarily and positively to develop human resources and disseminate research and research results."

Thus, it is essential to organically combine the three functions, namely, the pursuit of truth (research), the impartment of the truth to students (education), and the effective use of created intellectual property for society (social contribution), and properly protect, manage and use the created intellectual property through intellectual property rights. Josho Gakuen intends to help vitalize education and research activities of the faculty by systematically addressing the realization of the cycle of creation, protection, management, and use of intellectual property and promote intellectual property-based social contribution activities through the dissemination and use of research results.

Ⅱ The Applicable Scope of Policy on Intellectual Property

< Intellectual Property >
:
Intellectual property refers to things that have been produced by creative activities of people (including natural laws or phenomena that have been discovered or elucidated and that may be used for industrial purposes), such as inventions, devices, new plant varieties, designs creations, and literary works; marks that represent products or services that are used in business activities, such as trademarks and trade names; and technical or business information useful for business activities, such as trade secrets.
< Intellectual Property Rights >
:
Intellectual property rights refer to the rights provided for by laws and regulations or the rights associated with the interest protected by law, such as patent rights, utility model rights, plant breeder's rights, design rights, copyrights, trademark rights, and others.

Ⅲ Treatment of Intellectual Property

1. General Concept
Presented below are the guidelines that should be kept in mind when promoting industry-government-university collaborations centering on intellectual property created by the faculty or students of Group Universities regardless of research areas and when conducting social contribution activities through both research and education, such as the development of competent human resources adept in matters related to intellectual property. Specific procedures are defined separately in the rules of Group Universities, including Rules for Inventions, Rules for Contract Research, Rules for Joint Research with External Organizations, and Rules for Josho Gakuen Scholarship Donation.
2. Treatment of Research Results
(1) Ownership and Succession of Intellectual Property Rights
(a)
Based on the belief that intellectual property can be more effectively returned to society if managed by an organization, among intellectual properties created by the faculty, the results of research conducted under the financial support by Group Universities or those conducted using the facilities of Group Universities (hereinafter referred to as "Employee Inventions") shall be succeeded by Josho Gakuen only if we decides to succeed them based on an overall judgment that considers the potential of obtaining intellectual property rights, profitability, marketability and cost effectiveness.
However, the copyrights to literary works, which have been created based on ordinary education and research activities, shall belong to individual faculty members. The copyrights to literary works officially created by faculty members under the initiative of Josho Gakuen (excluding academic papers, publications under individual names, lectures and figures and tables of experimental data accompanying them) belong, in principle, to Josho Gakuen only if such copyrights meet the requirements provided for in Article 15 of the Copyright Law.
(b)
In the case of (a), if our faculty member conducts joint research with a third party and an employee invention, etc., is produced as a result of such research, Josho Gakuen will succeed the shared part of the intellectual property rights for the employee invention, etc., based on the contract for the joint research.
(c)
In the cases of (a) and (b), the intellectual property rights of Employee Inventions, etc., which Josho Gakuen has decided not to succeed after considering their potential of obtaining rights, profitability and marketability, belong to the inventors.
(d)
For an inventions created by student who are not employed by Josho Gakuen, if such student wish to transfer the rights to the inventions to Josho Gakuen, and Josho Gakuen decide to accept such rights, the students shall conclude a transfer contract with Josho Gakuen.
(2) Protection of Inventors
(a)
If a dispute or litigation arises associated with the intellectual property that Josho Gakuen has succeeded, we shall deal with them and protect the legitimate rights of its faculty members (inventors).
(b)
When Josho Gakuen obtains income as a result of applying for and obtaining the registration of inventions it has succeeded and transferring or licensing the intellectual property rights, we shall pay compensation to the inventors.
(3) Objection against the handling of intellectual property rights
When inventors., have any objection to the decisions of Josho Gakuen on whether the intellectual property in question is an Employee Invention or not, they can submit their objections in writing to Josho Gakuen within two weeks from the date they were notified of the decision.
(4)
(a)
For the costs of applying for the registration of inventions, etc., that Josho Gakuen has succeeded and the costs of maintaining and managing their intellectual property rights, Josho Gakuen shall bear them and make an effort to maintain and manage them in a responsible manner while considering their cost efficiency.
(b)
For patent applications of intellectual property, examination requests can only be made when the intellectual property has been licensed or under negotiations for licensing
(c)
Among the intellectual property rights Josho Gakuen has succeeded, waiver procedures can be taken when they have been deemed as having no chance of utilization by the invention committee, etc., of a Group University and Josho Gakuen has decided to waive the rights based on the recommendation by the Group University. When Josho Gakuen waives the intellectual property rights that it has succeeded, it shall notify the inventor, et al., of the waiver. In such cases, in principle, due consultation should be made regarding the transfer of the intellectual property rights to the inventor, et al., if the inventor, et al., so wishes.
(d)
Josho Gakuen shall be able to request the inventor's cooperation in preparing for the application of the invention that Josho Gakuen has succeeded, in dealing with the Patent Office until the application has been granted, and in licensing the intellectual property rights to the invention, etc., on an as-needed basis.
3. Ownership and licensing of research results and intellectual property rights in industry-government-academia collaborations
(1) Ownership of research results and intellectual property rights in contract research
The ownership (sole or joint) shall be determined, after consultation among parties involved, based on the degree of contribution made by Josho Gakuen and by each of the companies, etc., that have concluded an agreement for the contract research with Josho Gakuen.
(2) Ownership of research results and intellectual property rights in joint research
In principle, the ownership shall be shared between Josho Gakuen and the companies, etc., that have concluded an agreement for joint research with Josho Gakuen. A consultation should be held separately to determine how to share the ownership.
(3) Licensing approach regarding research results and the implementation of intellectual property rights
The implementation of intellectual property rights in contract research and joint research shall be determined after consultation with the companies involved. If the companies involved are local companies or university-launched venture companies, Josho Gakuen shall endeavor to set easy-to-use conditions for them.
4. Duty of Confidentiality
(1) Education and Research activities at Group Universities
The faculty may publish their research results in compliance with predetermined confidentiality requirements (for example, papers should not be published before applying for a patent, etc.).
(2) Industry-government-academia collaboration activities
If the companies involved in industry-government-university collaboration programs request Josho Gakuen to maintain the confidentiality of their information, Josho Gakuen shall naturally be held accountable for the protection of confidentiality of such information based on the nondisclosure agreement. Students who participate in industry-government-academia collaboration activities must also comply with confidentiality requirements set forth in the nondisclosure agreement.

Ⅳ Application of Policy on Intellectual Property

This policy is applicable to all faculty members of Josho Gakuen. While the policy is not applicable to students' ordinary research activities at each Group University, it will apply to students in the following cases: Even in these cases, Josho Gakuen and Group Universities shall exercise caution so that students' rights to education and freedom of choice may not be impaired.

(1) Cases where students concluded a contract with or made a pledge to Josho Gakuen regarding the application of this policy;
(2) Cases where students work for Group Universities under the employment contract with Josho Gakuen.

Ⅴ Effective Date and Review Schedule

This policy shall be effective on April 1, 2009 (revised March 25, 2011). It will not apply retroactively to cases that happened before the date (excluding the intellectual property rights that already belong to Josho Gakuen). The policy shall be reviewed on an as-needed basis while considering changes in society and the environment surrounding Josho Gakuen and Group Universities.

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