| Budget Amount *help |
¥2,000,000 (Direct Cost: ¥2,000,000)
Fiscal Year 1997: ¥700,000 (Direct Cost: ¥700,000)
Fiscal Year 1996: ¥1,300,000 (Direct Cost: ¥1,300,000)
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| Research Abstract |
First, production of information is to be under-optimal due to its external economy. Contemporary degital technology has made it difficult to exclude free riders. Second, to establish right of information as a variety of property right may bring about monopoly because to establish intellectual property right means a economic barrier for new comers to the market. Under the monopoly, production of information is under-optimal and its price increases. Third, the contemporary legal system on intellectual property has borrowed legal concepts and legal technique from law of property. They are not compatible with economic nature of information. Fourth, in order to internalize external economy of information and in order to establish the new legal framework of information, simply to deter and to regulate illegal conduct is more compatible with the economic nature of information than to establish intellectual property right as a species of property right. Therefore, law of intellectual property and anti-trust law should be integrated in terms of regulation of illegal human conduct. Fifth, in order to establish the legal framework of information, to minimize transactin cost is important. It means that the analysis of law enforcement is meaningful. Considering the incentive to deter reproduction, private enforcement is more efficient than public enforcement, that is, criminal procedure, in terms of minimizing monitoring cost. Six, to compare injunction with damages as means for remedy, their efficiency depends on distribution of bargaining power and distribution of search cost among the parties and the adjudicator.
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