2007 Fiscal Year Final Research Report Summary
The Treatment of IP in Bankruptcy Proceeding
| Project/Area Number |
18530062
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (C)
|
| Allocation Type | Single-year Grants |
|---|
| Section | 一般 |
|---|
| Research Field |
Civil law
|
|---|
| Research Institution | Osaka University |
|---|
Principal Investigator |
FUJIMOTO Toshikazu Osaka University, Graduate School of Law, Associate Professor (60273869)
|
|---|
| Project Period (FY) |
2006 – 2007
|
| Keywords | Bankruptcy / Intellectual Property Right / Contract |
|---|
| Research Abstract |
The intellectual property right came to play a major role in the world economy between several decades past. It is said that many of corporate values that a well-known leading company in the world possesses will be composed by those intangible assets today. It is assumed that it changed into the ratio of 4:6 the ten years later according to a certain data, though the proportion of the intellectual property right in the asset value was 6:4 in 1992 for the leading world enterprise. It is correct that the intellectual property right the most important property today. The treatment of the intellectual property right in the bankruptcy proceeding has become extremely important in such a situation. The bankruptcy law and the rule by the federal government exist to control the intellectual property right in the United States. It is assumed that the conflict of both of them is problems now. Intellectual Property Law limits the possibilities of transfer of the intellectual property right to strengthen the rule or control of the entrepreneur and the inventor. On the other hand, to maximize the asset value that can be used for the creditor, the transfer possibility is made flexible in the bankruptcy proceeding. On reflection, in Japan, it became clear that how to evaluate the intellectual property right when the enterprise goes bankrupt, and how to sell them, are not understood still well..
|
