2009 Fiscal Year Final Research Report
Formation of Information Justice and its Application to Intellectual Commons and Traditional Knowledge
| Project/Area Number |
18530076
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (C)
|
| Allocation Type | Single-year Grants |
|---|
| Section | 一般 |
|---|
| Research Field |
New fields of law
|
|---|
| Research Institution | Hokkaido University |
|---|
Principal Investigator |
TAMURA Yoshiyuki Hokkaido University, 大学院・法学研究科, 教授 (20197586)
|
|---|
| Co-Investigator(Kenkyū-buntansha) |
KOJIMA Ryu 九州大学, 大学院・法学研究院, 准教授 (00323626)
TANOUE Maiko 東海大学, 法学部, 准教授 (80408020)
|
|---|
| Project Period (FY) |
2006 – 2009
|
| Keywords | 知的財産権 / 情報正義 / 知的コモンズ / 伝統的知識 / 遺伝資源 |
|---|
| Research Abstract |
As the efficiency of intellectual property right is difficult to assess and the tradeoffs between efficiency and the freedom become questioned, the justification ultimately depends on the legitimization of the process based on political responsibility through democratic decision making. However, considering the policy-making process is structurally biased, it is necessary to seek a governing mechanism to correct the bias as much as possible. In addition, by adopting a consequentialist theory, the scope of fundamental freedom that must be ensured may become clarified. Finally this project stresses on the importance to take into account also an internal perspective of human behaviour to establish the efficacy of systems of intellectual property right.
|
