| Project/Area Number |
21730102
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Single-year Grants |
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| Research Field |
New fields of law
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| Research Institution | University of Tsukuba |
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Principal Investigator |
HIRASHIMA Ryuta University of Tsukuba, 大学院・ビジネス科学研究科, 教授 (70302792)
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| Project Period (FY) |
2009 – 2010
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| Project Status |
Completed (Fiscal Year 2010)
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| Budget Amount *help |
¥3,250,000 (Direct Cost: ¥2,500,000、Indirect Cost: ¥750,000)
Fiscal Year 2010: ¥1,950,000 (Direct Cost: ¥1,500,000、Indirect Cost: ¥450,000)
Fiscal Year 2009: ¥1,300,000 (Direct Cost: ¥1,000,000、Indirect Cost: ¥300,000)
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| Keywords | 仮想空間 / 創作物 / 知的財産法 / パブリシティ権 / プロバイダ責任制限法 / 間接侵害 / アバター / インターネット / メタバース / 情報財取引 |
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| Research Abstract |
The main purpose of this research plan is to research and explore legal protection for the "Virtual World"("Metabase"), that is rapidly generated in the Internet. This research especially focuses on three points ; that is 1) How could be "Avatar" in the "Virtual World" protected under current intellectual property law system?, 2) Could trademark law and unfair competition law and design law afford to provide enough protection to "Trademarks","Design" in the "Virtual World"? 3)How legal liability of the "providers of Virtual World" should be delined? The abstract of this research's conclusion is below (corresponds to the above three points); 1)the legal doctrine of publicity could provide "Avatar" in some aspects, but we could not expect full protection for "Avatar". 2)Current trademark law and unfair competition law might possibly work for protecting "Virtual Trademark" etc., but we should discern some theoretical problems to be solved being remained. 3)Legal liability of the "providers of Virtual World" is relevant to so- called "secondary liability of IPRs". However, legal doctrine of secondary liability of copyright and trademark right in Japan makes much discussion in multi-aspects now. So, it's very difficult to acquire clear conclusion about this point, but, it seems the "providers of Virtual World" would be accused of copyright infringement liability in some circumstances under current case law.
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