Japan-U.S.Dispute over Intellectual Property Rights and its Impact on Link-up between Firms and Policy Coordination
Project/Area Number |
04630028
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Research Category |
Grant-in-Aid for General Scientific Research (C)
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Allocation Type | Single-year Grants |
Research Field |
経済事情及び政策学
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Research Institution | KYOTO UNIVERSITY |
Principal Investigator |
SAKAI Akio Kyoto University, Institute of Economic Research, Professor, 経済研究所, 教授 (20067713)
|
Project Period (FY) |
1992 – 1994
|
Project Status |
Completed (Fiscal Year 1994)
|
Budget Amount *help |
¥1,500,000 (Direct Cost: ¥1,500,000)
Fiscal Year 1994: ¥400,000 (Direct Cost: ¥400,000)
Fiscal Year 1993: ¥400,000 (Direct Cost: ¥400,000)
Fiscal Year 1992: ¥700,000 (Direct Cost: ¥700,000)
|
Keywords | Intellectual Property Rights / Patent / Paris Convention / TRIP Agreement / WIPO / Royality / 特許紛争 / ハ-モナイゼーション / ハーモナイゼーション / TRIP / WIPO / 特許制度 |
Research Abstract |
1. "The case of the industrial spy activity on IBM" in 1982 has resulted in a continuous increase in the number of dispute over Intellectual Property Rights. This study addresses empirical evidence using case studies of initial dispute in several high-technology sectors : operating system, amorphous alloy, optical fiber, semiconductors, auto focus elements of camera, etc. 2. On above-stated several case studies, I examine global trends of US-Japan Intellectual Property Rights Conflict in private-sector. Some distinctive features are pointed out, and they indicate difficulties for Japanese firms are not temporal but continual during the next decade. Features are as follows. 1) Dispute prevails in all of the high-technology industries. 2) "Submarine" license patents menace Japanese firms. 3) We can find new trends in US Court of License Patents. Doctrine of equivalence has been widespread. Sum of compensation has increased. 3. Dispute over Intellectual Property Rights between US and Japane
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se firms is closely connected with the institutional differences of protection for Intellectual Property in the two nations. I investigate confrontation and compromise of US and Japanese governments concerning institutional adjustments for Intellectual Property. The negotiations of the Uruguay Round of GATT and WIPO have also sought harmonization of each domestic institution to the international standards. Therefore, characteristic features and problems of international harmonization are pointed out. 4. This study's most important lesson is that dispute over Intellectual Property Rights in US-Japanese private-sector strengthens cooperation relationships with one another. On the other hand, institutional adjustments themselves indicate the new step of US-Japan policy coordination. In short, confrontation would strengthen compromise. Although aspects of confrontation for Japan should be clarified, we should be attracted by increasing aspects of compromise for the sake of seeking a solution of conflict between US and Japan. Less
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Report
(4 results)
Research Products
(13 results)