| Project/Area Number |
12572008
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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| Allocation Type | Single-year Grants |
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| Section | 海外学術 |
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| Research Field |
Civil law
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| Research Institution | The University of Tokyo |
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Principal Investigator |
OBUCHI Tetsuya The University of Tokyo, Graduate School for Law and Politic Science, 大学院・法学政治学研究科, 教授 (30322035)
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| Co-Investigator(Kenkyū-buntansha) |
SUMIKURA Kouichi National Graduate Institute for Policy Studies, Policy Studies, 政策研究科, 助教授 (80302793)
TAMAI Katsuya The University of Tokyo, Research Center for advanced Science and Technology, 先端科学技術研究センター, 教授 (20163660)
KNELLER Robert The University of Tokyo, Research Center for advanced Science and Technology, 先端科学技術研究センター, 教授 (20302797)
相田 義明 特許庁, 審判部, 審判官(研究職)
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| Project Period (FY) |
2000 – 2003
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| Project Status |
Completed (Fiscal Year 2003)
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| Budget Amount *help |
¥11,700,000 (Direct Cost: ¥11,700,000)
Fiscal Year 2003: ¥2,600,000 (Direct Cost: ¥2,600,000)
Fiscal Year 2002: ¥2,600,000 (Direct Cost: ¥2,600,000)
Fiscal Year 2001: ¥3,000,000 (Direct Cost: ¥3,000,000)
Fiscal Year 2000: ¥3,500,000 (Direct Cost: ¥3,500,000)
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| Keywords | Patent trial decision / Patent / Scope of examination of litigation / Claim amendments / Trial for connection / Invalidation of a patent / Argument against an validation of a patent / Correction of a claim / 特許争訟 / 特許審決取消訴訟 / 訴訟物 / 主張制限 / 公知技術の抗弁 / ギルビー最判 / 特許侵害訴訟 |
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| Research Abstract |
As regards actions against patent trial decision, Obuchi will soon complete his second writing entitled "Claim Amendments and Actions against Patent Trial Decisions" (Kohbunndou) that follows his first writing "On Fundamental Structure of a Suit against Patent Trial Decision" (January 2003, Yuhikaku) which is a compilation of basic studies on this subject. In preparation for his second writing Obuebi conducted additional researches (especially, on foreign legislations) which were just as minute as new researches, and the information obtained from literature and noted foreign lawyers and legal scholars whom he met abroad is of great help to him. In the extensive revisions of the Patent Law (concerning trials and litigation) done in 2002, Obuchi took the leadership as a chairman of Industrial Structure Council-Intellectual Property Committee -Dispute Settlement Subcommittee from the scholarly or theoretical point of view, in particular. In acquiring academic knowledge concerning comparat
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ive laws necessary for his role, too, the results of his research conducted on this grant (as research expenses) are very important.
Next, regarding the relationships between patent infringement suit and invalidation of a patent, Obuchi is doing a basic research study as a preliminary to investigations overseas. In view of this, it is respectfully requested that the grant be awarded for research expenses (to carry out academic research in foreign countries) in the coming and subsequent years. Obuchi has an intention of publishing the results of his research as a monograph after conducting a full-scale investigation overseas. (He is planning to visit the United States in the coming year). This subject is now the most important issue in the intellectual property law from the theoretical and practical points of view. Obuchi chaired Office for Promotion of Justice System Reform ・Consultation Group on Intellectual Property Litigation ・Foreign legislation study group and had charge of studies of foreign legislation, focusing on German and European laws. Based on the results of studies in Office for Promotion of Justice System Reform ・Consultation Group on intellectual Property Litigation ・Foreign legislation study group (which were compiled into the book entitled "International Comparison of Intellectual Property Litigation Systems" mentioned below), two legislative bills for The Law concerning Establishment of Intellectual Property High Covet and for an amendment to the court law were drawn up as bills associated with Bills Related to Justice System Reform and decided by the Cabinet on March 2, 2004. Thus the studies on foreign legislation are extremely important for the future state of legislation in our country, and fundamental research on the grant is indispensable in this aspect. The above two laws mark a major milestone for the judicial system of our country, and in the future it will be essential to make a thorough study of the relation between patent infringement suit and invalidation of a patent that relates to the basis of the relationships between litigation and (courts) and administrative proceedings (this being the greatest concern to both of academic and industry circles. Again, it is respectfully requested that the grant be granted for expenses of research (in foreign countries) on the three subjects mentioned above ("Studies for rebuilding up an effective legal enforcement system of intellectual property") because of its great importance to both of the academic and business worlds. Obuchi is devoting himself to the studies, wishing to obtain and publish academic or scholarly results as soon as possible. Less
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