2010 Fiscal Year Final Research Report
Relativizing the concept of exclusive right in intellectual property law
| Project/Area Number |
20730086
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Single-year Grants |
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| Research Field |
New fields of law
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| Research Institution | Kyushu University |
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Principal Investigator |
KOJIMA Ryu Kyushu University, 大学院・法学研究院, 准教授 (00323626)
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| Project Period (FY) |
2008 – 2010
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| Keywords | 知的財産法 / 独占権 / 権利制限 / 媒介業者 / 間接侵害 |
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| Research Abstract |
This research conducted a theoretical analysis on relativizing the concept of exclusive right in intellectual property law. It picked up several industrial fields, where the configuration of stakeholders and their market structures were identified. The research tried to clarify whether an exclusive right in intellectual property law will enhance the interests of certain key stakeholders.
During the research project, "Google Books" has become a global issue. This case has the potential implication of relativizing the concept of exclusive right, namely the transition from "opt-in" to "opt-out" mechanism of intellectual property law, therefore, the research made an intensive analysis of this particular issue.
Through this research, the following issues have been clarified. When we set a policy goal of stabilizing the economic foundations of stakeholders in a cultural sector, copyright law is not the only policy choice. In an interaction with other cultural policy measures including government funding for arts, and private/corporate philanthropy, how to set up optimal "portfolios of cultural policy" should be seriously taken into consideration in order to achieve normative policy goals.
Considering the relevant areas and the configuration of stakeholders of intellectual property law, we cannot give a proper answer regarding the appropriate level of exclusive right if we only observe problems within limited legal fields, namely intellectual property law. It has become clear that locating intellectual property within cultural policy is becoming increasingly important.
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