2006 Fiscal Year Final Research Report Summary
How Control Intellectual Property Rights from Competition Policy
| Project/Area Number |
16530073
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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 | The University of Tokushima |
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Principal Investigator |
IZUMI Katsuyuki The University of Tokushima, Faculty of Integrated Arts & Sciences, Professor, 総合科学部, 教授 (00232356)
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| Project Period (FY) |
2004 – 2006
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| Keywords | Intellectual Property / Copyright / Patent / Antimonopoly Law |
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| Research Abstract |
1) Intellectual property (IP) has been becoming more important. Recently the Government of Japan (GOJ) has strengthened it in various fields. But strengthening of IP, at the same time, may bring with bad effects. Some of them are monopoly in the market or obstacle to innovation. It is said that such an unfavorable effect can be addressed by competition policy. So I planed this project, whose aim is how should control too much enforcement of IP rights.
2) As concrete themes of this project, I set three themes ; (1) misuse theory of IP rights and antimonopoly law, (2) estimate of IP license agreement in light of competition policy, and (3) role and effect of assertion of antimonopoly law breech in a suit. First of all, as far as (1), I found how wide misuse theory spread in US IP suits and relationship between the theory and antimonopoly law breech. And I think the theory also can have a role in Japan.
3) About (2), GOJ announced that it would revise the Guidelines for License Contracts for Patents and Know-How under the Anti Monopoly Law and publicize the revised version. So far, the new version or its draft is not come out. Therefore, I analyzed and considered current situations how Japan, US and EU authorities of competition policy enforce over IP licenses. As a result of this research, I have made public in the book which I have taken part in as a coauthor.
4) Through this three-year project, significance of competition policy that should play a role over IP laws field has been clearly found. It is necessary that continuing to execute research which is based on the outcomes of this project and contains theme (3), for which there could not be time enough to consider.
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