1998 Fiscal Year Final Research Report Summary
Formulation for Protection of Intellectual Property in the Products from Biotechnology
| Project/Area Number |
09420008
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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 |
TAMAI Katsuya Research Center for Advanced Science and Technology, The University of Tokyo, Professor, 先端科学技術研究センター, 教授 (20163660)
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| Co-Investigator(Kenkyū-buntansha) |
HIRASHIMA Ryuta Waseda Univ. Global Information and Telecommunication Institute, Research Associate, 国際情報通信研究センター, 助手 (70302792)
SUMIKURA Koichi Research Center for Advanced Science and Technology, The University of Tokyo, Research Associate, 先端科学技術研究センター, 助手 (80302793)
SAITO Makoto Graduate School of Arts and Sciences, The University of Tokyo, Associate Professor, 大学院・総合文化研究科, 助教授 (00186959)
SHIMANAMI Ryo Faculty of Law, The University of Tokyo, Research Associate, 法学政治学研究科, 助手 (20282535)
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| Project Period (FY) |
1997 – 1998
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| Keywords | Plant Patent / Patent Law / Experimental Use / Doctrine of Equivalents / Genome Project / Biotechnology |
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| Research Abstract |
In order to support R&D of biotechnology from legal viewpoint, we researched on the formulation for intellectual property protection in the products from biotechnology.
We mainly focused on the following 5 themes.
1. We considered how we should choose plant patent and ordinary patent law for protection of new breeds, by surveying the points at issue in lawsuits.
2. We considered to what extent the experimental use of patented pharmaceutical inventions could be excluded from validity of the patent according to the precedents of Japan and abroad.
3. Along with development of genome project, the experimental data of ESTs (Expressed Sequence Tags) are accumulated. USPTO (United States Patent and Trademark Office) is going to patent EST's applications, which has brought about international debate. We considered whether we should patent ESTs or not.
4. We focused on the application of doctrine of equivalents to inventions in biotechnology, according to a Japanese precedent.
5. As the next step of protection of research results, we investigated how to return it to society. Based on recent legislation in Japan to promote technology transfer between university and industry, and considering the difference between biotechnology and other technological fields, we suggested problems and possible settlements.
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