Grant-in-Aid for international Scientific Research
|Allocation Type||Single-year Grants |
|Research Institution||Chiba University |
MITSUDA Shigeaki Chiba University, Faculty of Law and Economics, Professor, 法経学部, 教授 (40019310)
LEVIN M. ストックホルム大学法学部, 教授
KUR A. マックスプランク研究所, 主任研究員
REICHMAN J.H ヴァンダービルト大学法学部, 教授
W.T. Fryer I ボルチモア大学法学部, 教授
SATO Keita Chuo Univ. Law School, Associate Professor, 法学部, 助教授 (60205911)
DOHI Kazufumi Fukuoka Univ. Law School, professor, 法学部, 教授 (40099023)
OHSETO Takashi Ritsumeikan Univ. Law School, Professor, 法学部, 教授 (90185257)
KIDANA Shoichi Ritsumeikan Univ. Law School, Professor, 法学部, 教授 (90066697)
SOMENO Keiko Yokohama Commercial Univ, School of commercial studies, Professor, 商学部, 教授 (30148077)
SAITO Hiroshi Tsukuba Univ. Social Science School, professor, 社会科学系, 教授 (20018104)
KEICHAUAU Jerome H Vanderilt Univ School of Law, professor of Law
LEVIN Mariaune Stockholm Univ. Law school professor of private Law
KUR Anette Max・Plauek Institute, Rescancher
FRYER William T. Univ. of Baltioruer School-of Law, professor of Law
FUERSTNER B. オランダ特許庁
CORNISH W.R. Cambrige Univ., 教授
POSNER B. EC DG14, 部長
FRYER W.R.II Baltimore Univ., 教授
|Project Period (FY)
1993 – 1995
Completed (Fiscal Year 1995)
|Budget Amount *help
¥10,000,000 (Direct Cost: ¥10,000,000)
Fiscal Year 1995: ¥2,000,000 (Direct Cost: ¥2,000,000)
Fiscal Year 1994: ¥4,500,000 (Direct Cost: ¥4,500,000)
Fiscal Year 1993: ¥3,500,000 (Direct Cost: ¥3,500,000)
|Keywords||design / Harmonization / Copyright / imtation / Haque agreement / Unfair competition / デザイン / 応用美術 / EC / WIPO|
The aim of this project is ; 1. to propose a possible amendment of Japanese Design Law in order to avoid international isolation, which is caused full substantial examination system and delay of commencement of right, 2. to get mutual understanding with different legal circumstances for design protection, and 3.to help achievement if international harmonization of design protection law, not only design registration law but also copyright law and unfair competition law and so on.
At this year, this project is in a final year, and we sent 4 members and 1 member additionakky to European contries. They are sent in order to collect information about internationak harmonization of design protection law, and opinion to our tentative proposals. We comfirm that Japanese full examination system is thought a kittke bit curious existence, from the European view, and this attitude is dominated in also U.K.system, which took a kimited examination system. And in conclusion, as follows.
1. On the harmon
ization of design law
It is not reality that we propose our concrete proposal, because almost all industrialized area are thinking some kind of amendment or revision of legal design protection tools. We should know, however, a few important factors exist, namely ;
(1) Unregistered design right as U.K.might not be a better tool for harmoniazaion, because we got too many options for design protection.
(2) We need good on-line databases for design information including state of the art to know the prior art. The construction of such databases should include all kinds of design information that registrar kept.
(3) the oritection of creators should be considered.
2. Japanese Law direction
(1) Unregistered design right system such as U.K.took should not be considered if such right is constructed independently with registered design right in Japan. However, we should consider the availability of EU type unregistered design right.
(2) We need to continue studying how copyright kaw works in design field. (3) The JPO's proposals of amendment of Japanese design law are not consistemt with international trend for design protection. Especially, amendment of art. 4 (2) should be considered. In addition, we need to study how to abolish the full examination system or to change the obligatory examination into optional. Less