2005 Fiscal Year Final Research Report Summary
The Right of Publicity and Unfair Competition Law
| Project/Area Number |
16530071
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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 | Kobe University |
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Principal Investigator |
INOUE Yuriko Kobe University, Graduate School of Law, Professor, 法学研究科, 教授 (60232568)
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| Project Period (FY) |
2004 – 2005
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| Keywords | The Right of Publicity / Unfair Competition Law / Providers' Liability on the Internet / プロバイダーの責任 / 情報化社会 |
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| Research Abstract |
For two decades a case law that admits the "right of publicity" has been developed in Japan. However, the nature of the right of Publicity is still unclear and its scope also remains obscure.
In order to clarify the scope of right of publicity, this research makes a comparative study between the right of publicity and unfair competition laws, which protects proprietary interest of trademark owner. The research specially focused on the history of the development of trademarks law and studies how trademarks law deliberately has defined the scope of protection of trademarks.
The research shows that the right of publicity and trademarks law has a certain common basis and that, through making reference to trademarks law, the scope of publicity right would be clarified to a certain degree.
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