Property rules in intellectual property law; its meanings and limitations
| Project/Area Number |
24530114
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
New fields of law
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| Research Institution | Kobe University |
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Principal Investigator |
SHIMANAMI Ryo 神戸大学, 法学(政治学)研究科(研究院), 教授 (20282535)
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| Project Period (FY) |
2012-04-01 – 2015-03-31
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| Project Status |
Completed (Fiscal Year 2014)
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| Budget Amount *help |
¥5,070,000 (Direct Cost: ¥3,900,000、Indirect Cost: ¥1,170,000)
Fiscal Year 2014: ¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000)
Fiscal Year 2013: ¥1,300,000 (Direct Cost: ¥1,000,000、Indirect Cost: ¥300,000)
Fiscal Year 2012: ¥2,340,000 (Direct Cost: ¥1,800,000、Indirect Cost: ¥540,000)
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| Keywords | 知的財産法 / 物権的構成 / 社会契約 / 特許権 / 著作権 |
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| Outline of Final Research Achievements |
Property rules in intellectual property law is not inevitable and have main meaning to make it enable/easy to transact intellectual property. The nature of the patent is not property but social contract between applicant and public.
From contractual view of patent law, grant of rights is an agreement to exchange disclosure of invention and patent, and infringement of rights is a breach of such agreement by a member of public. This view makes it possible to understand patent system theoretically and consistently.
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Report
(4 results)
Research Products
(12 results)
