2014 Fiscal Year Final Research Report
Property rules in intellectual property law; its meanings and limitations
| Project/Area Number |
24530114
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
New fields of law
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| Research Institution | Kobe University |
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Principal Investigator |
SHIMANAMI Ryo 神戸大学, 法学(政治学)研究科(研究院), 教授 (20282535)
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| Project Period (FY) |
2012-04-01 – 2015-03-31
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| Keywords | 知的財産法 / 物権的構成 / 社会契約 |
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| Outline of Final Research Achievements |
Property rules in intellectual property law is not inevitable and have main meaning to make it enable/easy to transact intellectual property. The nature of the patent is not property but social contract between applicant and public.
From contractual view of patent law, grant of rights is an agreement to exchange disclosure of invention and patent, and infringement of rights is a breach of such agreement by a member of public. This view makes it possible to understand patent system theoretically and consistently.
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| Free Research Field |
知的財産法
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