CRIMINAL LAW PROTECTION OF INTELLECTUAL PROPERTY

Research Project

Project/Area Number	10620055
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Single-year Grants
Section	一般
Research Field	Criminal law
Research Institution	THE UNIVERSITY OF TOKYO
Principal Investigator	YAMAGUCHI Atsushi UNIV.OF TOKYO, GRADUATE SCHOOL OF LAW AND POLITICS, PROFESSOR, 法学政治学研究科, 教授 (10107493)
Co-Investigator(Kenkyū-buntansha)	SAEKI Hitoshi UNIV.OF TOKYO, GRADUATE SCHOOL OF LAW AND POLITICS, PROFESSOR, 法学政治学研究科, 教授 (10134438) INOUE Masahito UNIV.OF TOKYO, GRADUATE SCHOOL OF LAW AND POLITICS, PROFESSOR, 法学政治学研究科, 教授 (30009831) NISHIDA Noriyuki UNIV.OF TOKYO, GRADUATE SCHOOL OF LAW AND POLITICS, PROFESSOR, 法学政治学研究科, 教授 (90012509)
Project Period (FY)	1998 – 1999
Project Status	Completed (Fiscal Year 1999)
Budget Amount *help	¥3,100,000 (Direct Cost: ¥3,100,000) Fiscal Year 1999: ¥1,300,000 (Direct Cost: ¥1,300,000) Fiscal Year 1998: ¥1,800,000 (Direct Cost: ¥1,800,000)
Keywords	TRADE SECRETS / UNFAIR COMPETITION LAW / INTELLECTUAL PROPERTY / PROPERTY OFFENSES / 特許権
Research Abstract	The original aim of this research is to examine comprehensively the way intellectual property should be protected by criminal law. With the increase of the importance of intellectual property in the present-day society, the importance of the criminal sanction as a legal means to protect intellectual property is also on the increase. After considering the various aspects of the problem, we came to the understanding that our research should be focused on a specific field. And we choose the penal proteciton of trade secrets as the most important field in terms not only of theory, but also of practice. After carefully examining various possible approaches to the problem, we came to the conclusion that civil law measures, which were introduced into the Unfaire Competition Law in 1990, should be supplemented by new penal provisions. This is the most practical solution and better one as compared to other approches. And we thoroughly examined the civil law provisions, ponted out problems and their solutions.