2004 Fiscal Year Final Research Report Summary
Research on the Duplicating of the by Copyright Infringement caused Damages in Historical, Hermeneutical and Legislative Aspect
| Project/Area Number |
15530065
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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 |
Civil law
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| Research Institution | HIROSHIMA UNIVERSITY |
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Principal Investigator |
MATSUKAWA Minoru Hiroshima University, Graduate School of Social Sciences, Professor, 大学院・社会科学研究科, 教授 (60319027)
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| Project Period (FY) |
2003 – 2004
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| Keywords | Copyright Law / Damages / Double Damages / Punitive Damages |
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| Research Abstract |
In Japan, although the opinion of making a trespasser compensate the twice of the amount of damage or three times is not only already raised several times, but was deliberated by the cultural council copyright sectional meeting recently when there was infringement of copyright, introduction was denied by the basis of being conflicting at the basic principle or idea of the reparations system based on the illegal act on present Civil Code. The so-called "civil-affairs responsibility criminal liability sharp-distinction theory" is one of this theoretical basis. However, by the German method which a reparations method or the Copyright Act of Japan used as the sample, in the past ten years, the judicial precedent was changed and the civil-affairs responsibility criminal liability sharp-distinction theory was abandoned.
By the cultural council copyright sectional meeting, although it seems that it is not clearly displayed by deliberations of whether to introduce double compensation or three times compensatory introduction into the Copyright Act, there is a premise "the Cabinet Legislation Bureau will not accept it even if this sectional meeting submits introduction of double compensation or three times compensation." So, this research considered a possibility of introducing a double compensatory system or a three times compensatory system into Civil Code which is the industrial law of property, such as the Copyright Act or other laws, for example, Patent law, Antimonopoly Law, the Product Liability Law, Consumer Protection Law, Pollution or general Civil law.
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