Page:Copyright Act of Japan (2006).djvu/66


 * Chapter VI Dispute Resolution

(Conciliators for the resolution of disputes concerning copyrights) Article 105
 * (1) With the aim of resolving disputes concerning the rights provided for in this Act through mediation, the Agency for Cultural Affairs will provide conciliators for resolution of copyright disputes (in this Chapter referred to below as "conciliators").


 * (2)　The Commissioner of the Agency for Cultural Affairs will commission, from among [persons with relevant knowledge and experience] in connection with matters pertaining to copyright or neighboring rights, up to three conciliators for each case.

(Application for mediation) Article 106

When a dispute arises in connection with the rights provided for in this Act, a party concerned may apply for mediation with the Commissioner of the Agency for Cultural Affairs.

(Application fee) Article 107
 * (1) The applicant for mediation shall pay processing fee in an amount to be fixed by Cabinet Order, giving consideration to the actual costs thereof.


 * (2)　The provisions of the preceding paragraph shall not apply when the person who is supposed to pay the processing fee pursuant to the provision of said paragraph is the State, etc.

(Submission to mediation) Article 108
 * (1) Upon application by both parties concerned pursuant to the provisions of Article 106, or where consented to by the other party, in the case of an application by one party concerned, the Commissioner of the Agency for Cultural Affairs shall submit the matter for mediation by the conciliators.


 * (2)　In the case of an application provided for in the preceding paragraph, the Commissioner of the Agency for Cultural Affairs may decide not to submit the matter to the conciliators, when he finds the nature of such case inappropriate for mediation or when he determines that the party or parties [frivolously] applied for the mediation for improper purposes.

(Mediation) Article 109
 * (1) The conciliators shall endeavor to mediate between the parties concerned in order to resolve the case by confirming the points asserted by the parties and in conformity with the actual circumstances.

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