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first,1. About the use of content on the Patent Office websiteIn the "information published on the Patent Office website (hereinafter", it is called "content".. ) Except for the content where another use rule is applied, anyone can use it freely, such as compounding, duplication, public transmission, translation / deformation, etc.. Commercial use is also possible. ], In principle, bookbinding of content is legal..
but,The page where the PDF of the 20th edition is released"The Industrial Property Rights Law (Industrial Property Rights Law) posted on this page (Industrial Property Rights Law) published on this page is protected by copyright.. Except for the exceptions under the Copyright Law, this content, regardless of the use rules for "about the use of content on the Patent Office website", all or part of the contents without the permission of the copyright holder. It is also forbidden to use it for duplication, adaptation, public transmission, or any other format. "There is a description.
For this reason, in the explanation 20 edition, the act of printing this PDF for the public is prohibited, so after 2:00 pm on March 16, 2017, the General Affairs Division of the Patent Office. I confirmed the system on the telephone of the system..
As a result, I got the following answer. (1) Despite the free duplication in the 19th edition, there were specific problems with the establishment of such restrictions in the 20th edition (for example, "Copy whose content has been tampered with is rampant. (I did, etc., but it is not the cause, but it is a thing that reflects the recent rise in copyright awareness.. (2) Use of content on the Patent Office website is in principle freedom, and in order to limit it, it is necessary to explain specific and rational grounds (→)3) Refer to content that does not apply to this rule) Tell the department in charge of the fact that the explanation has not been given (I can not answer whether to consider whether to delete the provisions of "prohibition from the page".. ). (3) There is no intention to prohibit the act you were doing in the 19th edition (bookbinding for the public) in this 20th edition.. I don't intend to do any claims or claims for damages so far.
I thought that the answer that I did not deprive my previous position (3) seemed to be an administrative official, but for me, bookbinding is illegal, especially before the Patent Office is not directly prohibited. I don't think.
From the viewpoint of the Copyright Law, "the provisions established by the Diet" and "the judgment sentence in which the court interpreted the article to individual specific cases" cannot be the purpose of rights (copyright (copyright)). It can be said that it is unbalanced that only "Article 13, No. 1, 3), which is the purpose of the right to" explain the instructions indicated by the administrative agency ".. In fact, the same Article No. 4 shows, "Translated and edited in the preceding items (texts, sentences, sentences, etc.), and" independent administrative agencies, or regional independent administrative agencies of the national or local government. What to create is "cannot be the purpose of the right" (Returning to the purpose and regulations of copyright law, it will be difficult, so I will not mention it further.. ).
By the way, when I asked the Agency of Cultural Affairs before, "The Patent Office claims that the Patent Office has the copyright of the explanation by the Patent Office, is the Patent Office subject to the right?" However, if that claims, the Agency for Cultural Affairs cannot "do not be subject to rights" (copyright does not require administrative sanctions like a patent assessment in the first place.. Ultimately, it depends on the judgment of the court. ). However, since printing is open to the public, it may be possible to estimate that bookbinding is allowed.. In any case, it would be enough to contact the Patent Office and get OK.. Was answered.
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