2004 Fiscal Year Final Research Report Summary
Should Japanese Design Law and Trademark Law be revised in order to fir internet environment?
| Project/Area Number |
15530080
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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 | Chuo University |
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Principal Investigator |
SATO Keita Chuo University, Law school, Professor (60205911)
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| Project Period (FY) |
2003 – 2004
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| Keywords | trademark / meta-tag / scent |
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| Research Abstract |
This research project is devoted 3 topics about possibility of amendment for Japan's Design Act and Trademark Act amendment corresponding to present internet circumstances, including 1) possibility of the design protection of the download image using for a computer and mobile telephone, 2) eligibility for protection for "fragrance" trademark or scent mark, 3) whether putting trademark words into meta-tag is 'use in commerce' at using search engine or not, At the initial stage, we planned that our research was going to collect and examine legislation examples, trial examples in many foreign countries (especially of developed nations), then consider amendment proposals. On the first topic, namely Design Law field, especially downloadable digital image or form data using for a computer or mobile phone. However, we could not have official report, which should be planned to be examined at this research application, was not finalized, then we changed research plan. The new topic is about one
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f the basic principles 'true creator only can make application'. Such right to make an application should be hold by real creators is codified could be infringed by somebody without the rights. Sato writes a case note on this topic. As for the trademark of the second "fragrance", constant registration example was confirmed with Britain and the United States legislation, but there seemed to be no such precedent that such mark could be transferred via internet or other digital technology. We thought that it is rare to distinguish an article with a fragrance, but it is really a conclusion that there is necessity of the system setting when it is possible future that we can distinguish its identification mark diversification in the market. The use by the third, search engine examined the opposition of the way of thinking that the use of the character string same as the trademark of another person in the metatag did unless it was used a way of thinking (an American precedent) and the trademark used the trademark for and examined similar arguments such as pop-up advertisement or a keyword advertisement (keyword by). Conclusions are different in having indication or not of the character string concerned, and a metatag is the conclusion that is not discussed uniformly. In addition, the importance trial example of a domain called keyword-buy was announced just before the end of the research project in United States of America and France (their conclusions are different), but enough examination was entrusted for lack of at the next opportunity. Less
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Research Products
(2 results)
