2004 Fiscal Year Final Research Report Summary
Research on Recent Trends concerning the TRIPS Agreement and Its Meaning to Legal Framework of Intellectual Property
| Project/Area Number |
15530076
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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, 大学院・法学研究科, 教授 (90345835)
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| Project Period (FY) |
2003 – 2004
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| Keywords | intellectual property law / international economic law / WTO / the TRIPS Agreement / parallel imports / Free Trade Agreement |
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| Research Abstract |
1 This research deals with the theoretical and practical analysis of the relationship between trade policy and policy related to intellectual property. In particular, it probes for the real meaning of the TRIPS Agreement for intellectual property law.
2 The TRIPS Agreement is often seen as a treaty to oblige WTO Members to guarantee the protection of intellectual properly at the level higher than those stipulated in the Agreement. The Agreement certainly has that aspect. But when seen from a broader perspective, the Agreement, which constitutes an integral part of the "reciprocal and mutually advantageous arrangements directed to the substantial reduction of tariffs and other barriers to trade and to the elimination of discriminatory treatment in international trade relations," should also function to set the boundaries of the protection of Intellectual property from the free trade principle. This research tries to clarify this aspect of the TRIPS Agreement as well as the WTO Agreement as a whole.
3 Besides pursuing theoretical analysis of the TRIPS/WTO Agreements in general, this research treats two specific and practical issues that involve interrelationship between intellectual property and trade policy. Those issues are : treatment of parallel imports, and intellectual provisions in the RTAs (Regional Trade Agreements). On both issues, fairly rigorous principles are recognized in the TRIPS/WTO Agreements, and some of the measures taken by WTO Members appears to be in conflict with those principles.
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Research Products
(10 results)
