1999 Fiscal Year Final Research Report Summary
CRIMINAL LAW PROTECTION OF INTELLECTUAL PROPERTY
| Project/Area Number |
10620055
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Criminal law
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| Research Institution | THE UNIVERSITY OF TOKYO |
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Principal Investigator |
YAMAGUCHI Atsushi UNIV.OF TOKYO, GRADUATE SCHOOL OF LAW AND POLITICS, PROFESSOR, 法学政治学研究科, 教授 (10107493)
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| Co-Investigator(Kenkyū-buntansha) |
SAEKI Hitoshi UNIV.OF TOKYO, GRADUATE SCHOOL OF LAW AND POLITICS, PROFESSOR, 法学政治学研究科, 教授 (10134438)
INOUE Masahito UNIV.OF TOKYO, GRADUATE SCHOOL OF LAW AND POLITICS, PROFESSOR, 法学政治学研究科, 教授 (30009831)
NISHIDA Noriyuki UNIV.OF TOKYO, GRADUATE SCHOOL OF LAW AND POLITICS, PROFESSOR, 法学政治学研究科, 教授 (90012509)
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| Project Period (FY) |
1998 – 1999
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| Keywords | TRADE SECRETS / UNFAIR COMPETITION LAW / INTELLECTUAL PROPERTY / PROPERTY OFFENSES |
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| Research Abstract |
The original aim of this research is to examine comprehensively the way intellectual property should be protected by criminal law. With the increase of the importance of intellectual property in the present-day society, the importance of the criminal sanction as a legal means to protect intellectual property is also on the increase. After considering the various aspects of the problem, we came to the understanding that our research should be focused on a specific field. And we choose the penal proteciton of trade secrets as the most important field in terms not only of theory, but also of practice.
After carefully examining various possible approaches to the problem, we came to the conclusion that civil law measures, which were introduced into the Unfaire Competition Law in 1990, should be supplemented by new penal provisions. This is the most practical solution and better one as compared to other approches. And we thoroughly examined the civil law provisions, ponted out problems and their solutions.
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