2015 Fiscal Year Final Research Report
Intellectual Property Rights and Constitutional Law
| Project/Area Number |
25380042
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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 |
Public law
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| Research Institution | Kumamoto University |
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Principal Investigator |
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| Project Period (FY) |
2013-04-01 – 2016-03-31
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| Keywords | 憲法 / 知的財産権 / 表現の自由 / 商標 |
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| Outline of Final Research Achievements |
Intellectual property law is enabled privatization of intangible proprty － information, expression, inventon and so on. This systems are promoteing distribution of useful information, but they are restricting freedom of expression. This conflict between information as a common goods and information as a privately owned goods is a constitutional problem.
This research piks up trademark law. This law system is constrained free speech. Because this system is grant trademark owners greatly control over their mark. Tradmarks are languages in modern expression. This resarch is conclude that trademark enforcement impinges on right to free expression, and the Court should scrutinize this law systems.
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| Free Research Field |
憲法学
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