2004 Fiscal Year Final Research Report Summary
Research on System Design suitable for Protection and Use of Creatable Results on the Cyberspace
| Project/Area Number |
13620049
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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 |
Civil law
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| Research Institution | Hitotsubashi University |
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Principal Investigator |
DOHI Kazufumi Hitotsubashi University, Graduate School of International Corporate Strategy, Professor, 大学院・国際企業戦略研究科, 教授 (40099023)
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| Project Period (FY) |
2001 – 2004
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| Keywords | Cyberspace / Trademark / Domain Names / Territorial Principle / Search Engine / Hyper-Link / WIPO Recommendation / Right of Distribution |
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| Research Abstract |
In order to research system design suitable for protection and use of creatable results in the cyberspace, this research was carried out as planned from 2001 to 2004.
First, in 2001,the research in circulation of merchandise in real world was done, whether under the Japanese legal system sales of second-hand computer video games are legal or not, because free circulation of merchandise is essential under the Japanese legal system which is based on a free economy system.
Second, in 2002 and in 2003,whether domain name, unlike trademarks, are not granted in formal domain names leaves it up to check the existence of prior conflicting trademarks. Therefore, the question is the owner of trademarks should or should not have priority over the new domain name.
The internet is neither territorial governed nor territorial governable. But the system of intellectual property right is governed by the territorial principle. Doing the business over the Internet is in conflict with the territorial principle of Intellectual Property. To find a key to the settlement of the problem, finally, in 2004,I researched WIPO Recommendation concerning the Protection of Marks and Other Industrial Property rights in Signs on the Internet. This research in the future should be continue with the suggestion to WIPO Recommendation.
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[Book] 知的財産法入門2004
Author(s)
土肥 一史
Total Pages
363
Publisher
中央経済社
Description
「研究成果報告書概要(和文)」より
