| Project/Area Number |
13420014
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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 | 一般 |
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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 Schools for Law and Politics, Professor, 大学院・法学政治学研究科, 教授 (30322035)
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| Co-Investigator(Kenkyū-buntansha) |
SAITO Makoto The University of Tokyo, Graduate School for Law and Politics, Professor, 大学院・法学政治学研究科, 教授 (00186959)
INOUE Yuriko The University of Kobe, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (60232568)
HIRASHIMA Ryuta The University of Tsukuba, Graduate School of Science of Business Management, Associate Professor, 大学院・ビジネス科学研究科, 助教授 (70302792)
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| Project Period (FY) |
2001 – 2004
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| Project Status |
Completed (Fiscal Year 2004)
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| Budget Amount *help |
¥8,200,000 (Direct Cost: ¥8,200,000)
Fiscal Year 2004: ¥1,600,000 (Direct Cost: ¥1,600,000)
Fiscal Year 2003: ¥1,800,000 (Direct Cost: ¥1,800,000)
Fiscal Year 2002: ¥2,300,000 (Direct Cost: ¥2,300,000)
Fiscal Year 2001: ¥2,500,000 (Direct Cost: ¥2,500,000)
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| Keywords | Information Technology on Networks / Information Technology (IT) / Computer Programs / Intellectual Property Protection / Intellectual Property / Information Protection Law / Improvement of Intellectual property Litigation System / Genetic information / 知的財産権法 / ネットワーク上の情報技術(IT) / 知的財産争訟制度の充実・強化 / コンピュータプログラム / 特許法上の保護 / オープンソース / 知的財産法 |
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| Research Abstract |
This project has been conducted to search the effective intellectual property law system for adequate legal protection of information technology (IT) in the network environment, based on a new point of view that intellectual property law is to be restructured as information protection law.
First of all, Obuchi researched newly-arising problems concerning the legal protection of computer programs when he was involved in the preparative process for the 2002 revision of the Patent Law, which articulately provides that a computer program is an object for legal protection under the Patent Law for the first time in the world. Hirashima also dealt with the issues discussed above in his articles.
In particular, the legal protection of advanced technology information, such as genetic information, data on the stereostructure of protein and screening methods using them, is currently under serious discussions. Obuchi and other leading scholars conducted interdisciplinary research on the problems fro
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m both legal and scientific points of view. Since IT covers all fields of human social activities such as finance and commerce, with regard to the objects and substance of the intellectual property rights, the demand for public interest, monopoly and competition, etc. should be harmonized. Comprehensive research on these matters has been progressing as shown in the articles bellow.
Furthermore, the result of the research mentioned above also gives profit to the education in the faculty of law and graduate schools for law and politics. The comprehensive seminar of computer and cyber law by Obuchi, offered for the first time in both the Faculty of Law and the Graduate Schools for Law and Politics, the University of Tokyo 2004, achieved great success.
Especially, IT has the characteristic that it cannot survive economically and socially without the effective as well as efficient enforcement mechanism for the legal protection of IT because it is especially fragile to imitation. Obuchi published a series of articles on the procedural and organizational issues, which are necessary to realize speedy legal protection. Less
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