Historical and Comparative Study on the Protection of Artifical Work (Kunstwerk) as Intellectual Property

1996 Fiscal Year Final Research Report Summary

• Project/Area Number: 07834002
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Single-year Grants
• Section: 時限
• Research Field: 知的所有権法
• Research Institution: KYOTO UNIVERSITY
• Principal Investigator: TSUJI Masami Kyoto University, Faculty of Law, Professor, 法学研究科, 教授 (40093273)
• Co-Investigator(Kenkyū-buntansha): ITO Takao Kyoto University, Faculty of Law, Associate Professor, 法学研究科, 助教授 (50213046) ; KITAGAWA Zentaro Meijo University, Faculty of Law, Professor, 法学部, 教授 (30025142)
• Project Period (FY): 1995 – 1996
• Keywords: copyright / design right / traditional industry / applied art / publication / multi-media

Research Abstract

This research examins the legal protection of artificial works as intellectual property from historical and comparative viewpoints. It focuses on the relations between the protection of artifical works and the copyright system implanted from the West in the traditional indusry in Kyoto (textile etc.).
The result is ;
・The business in traditional japanese industries is characterized by the "internal" order, which is based on the agreement on self-control and called "nakama" in Tokugawa period, and the right on products has been primarily regulated by it.
・Especially, publishers in the Tokugawa period developed the unique system of rights on books which was comparable with the modern copyright system.
・Such order has been functioning in a certain degree after the modernization of Japan, and even after the legislation on the intellectual property in 1899.
・But, it is uncertain whether such order can be effective in the future. This reserch also tries to grasp problems around the artificial works as intellectual property, particularly in connection with the development of multi-media technology.