2003 Fiscal Year Final Research Report Summary
The legal regulation on professional advertisement in Japan
| Project/Area Number |
13620066
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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 |
Social law
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| Research Institution | OKAYAMA UNIVERSITY |
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Principal Investigator |
SATO Goro Okayama University, School of Law, Associate professor, 大学院・法務研究科, 助教授 (20273956)
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| Project Period (FY) |
2001 – 2003
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| Keywords | profession / Antimonopoly Law of Japan / advertisement rule / attorney advertisement / needs of users / self-regulation / antitrust law / code of ethics on advertisement |
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| Research Abstract |
The objective of this study is to make an concrete policy on the legal regulation of professions advertisement in Japan, mainly on the field of lawyer's advertisement. I have adopted, comparative, and economic approach in the process.
As study of current practice of lawyer's advertisement, I made some interview with lawyers and the leaders of consumer organization on the issue of the current restriction.
Some interviews and some related literature have shown that after liberalization of advertisement rule, quantity of advertisement has not increased so much and that users have complained insufficient information on special field of lawyers.
As comparative, legal study, I made research on the case law in the U.S. in the field of professional advertisement including the elaborate analysis of the recent leading supreme court case ("California Dental Association case"). On the other hand, the reform in the regulations on the professions is under way in the E.U. I made comprehensive study on the regulation reform in general in the E.U. I also made research on the theoretical ground of the reform, and the current content of regulation in England, Germany, and Italy.
In addition, in my economic study, I have found that empirical evidence in the U.S. literature, has shown that while certain restrictions on professional advertisement tend to raise prices, the restrictions studied did not generally increase the quality of available goods and services.
As achievement of this study, I am going to publish some thesis on the current case law in the U.S., the current regulation reform in E.U. and the desirable legal regulation on professional advertisement in Japan (some are in print).
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