2007 Fiscal Year Final Research Report Summary
Research on Border Measures to Protect Intellectual Property Rights
| Project/Area Number |
18530080
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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 | Nagoya University |
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Principal Investigator |
SUZUKI Masabumi Nagoya University, Graduate School of Law, Professor (90345835)
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| Project Period (FY) |
2006 – 2007
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| Keywords | intellectual property law / international economic law / WTO / TRIPS |
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| Research Abstract |
This research project was carried out to analyze the legal problems concerning border measures related to goods infringing intellectual property. In particular, it tried 1) to grasp the current systems of border measures in Japan and other major countries, 2) to analyze the international rules such as the TRIPS Agreement concerning border measures, 3) to analyze the domestic laws relating border measures, and 4) to consider future systems. Besides the topics which are directly related to border measures described above, this research also covered broader issues such as the recent international trends of intellectual property systems with a view to analyze the relationship between these systems and national borders.
The main findings of this research are: 1) several efforts are being made jointly as well as individually by major countries to strengthen border measures, 2) as for the territoriality principle of intellectual property rights, actual implementation of that principle varies even among the US, EU, and Japan, and some trends could be observed to strengthen this principle in terms of judicial jurisdiction, 3) as for the border measures of Japan, there are some problems which might be in conflict with the rules under the WTO Agreement, with a few of them being serious from the practical point of view as well.
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