2005 Fiscal Year Final Research Report Summary
Intellectual Property Protection for creation arising from diversifying design creation activitiy
| Project/Area Number |
15530077
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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 |
New fields of law
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| Research Institution | Osaka University |
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Principal Investigator |
CHAEN Shigeki Osaka University, Graduate School of Law, Professor, 高等司法研究科, 教授 (30217252)
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| Project Period (FY) |
2003 – 2005
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| Keywords | design / industrial design / applied art / display design / part design |
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| Research Abstract |
Design creation activity is nowadays diversifying in response to changes in society, such as consumer's purchasing decision where consumers make a thing of brand, development of information technology, and aging society. This research has studied that in this circumstances, whether creation arising from diversifying design creation activity is properly protected in design protection system, and if it is not, what amendment should be made.
Results of this research are :
(1) New types of creation of design creation activity, such as display design are not get sufficient protection under existing design act because of goods requirement. In order to resolve this proteblem, goods requirement should be qualified.
(2) In regard to protection for creation of design creation activity, there is a problem that the scope of protection is not clear. In order to resolve this problem, scope pf protection should be judging in eyes of normal consumers, and judging process should categorized in certain extent.
(3) The problem of early protection or easy protection should be thought as protection selection between copyright protection and protection under design act, and should be determined after considering merits and demerits of copyright protection and protection under amended design act.
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