2006 Fiscal Year Final Research Report Summary
E-Commerce and International Protection of Copyright
| Project/Area Number |
17530033
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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 |
International law
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| Research Institution | Tohoku University |
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Principal Investigator |
NISHITANI Yuko Tohoku University, Graduate School of Law, Associate Professor, 大学院法学研究科, 助教授 (30301047)
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| Co-Investigator(Kenkyū-buntansha) |
TAKASUGI Naoshi Doshisha University, Graduate School of Law, Professor, 法学部, 教授 (60243747)
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| Project Period (FY) |
2005 – 2006
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| Keywords | copyright law / internet / Berne Convention / e-commerce / copyright / moral rights / international adjudicatory jurisdiction / applicable law |
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| Research Abstract |
The purpose of this research project was to examine and develop desirable rules on international adjudicatory jurisdiction and applicable law with regard to copyright infringement on the internet. First of all, we did research on the U.S. and European case law as well as scholary opinions on this issue. For the U.S. law, we examined the Supreme Court decisions on the liability of providers and program developers concerning copyright infringement through music file exchange. For Europe, we examined the Brussels I-Regulation on international jurisdiction and recognition of foreign judgments and the EC-Regulation on uncontested claims, as well as the project of the Rome I-Regulation on the law applicable to contractual obligations and that of the Rome II-Regulation on the law applicable to non-contractual obligations, especially the proposals of the European Commissions as well as the European Parliament and the Council.
Second, we investigated the project of the Principles of the American
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Law Institute (ALI) and that of the Principles of Max-Planck-Institute (MPI) on Intellectual Property Law and Competition Law on international adjudicatory jurisdiction and applicable law. These projects which aim at proposing desirable rules on issues on international intellectual property law started a couple of years ago and are to be concluded soon. The ALI-Principles are based on the U.S. conflict of laws approach and consist of general rules which allow judges to exercise broad discretion in determining the international jurisdiction or applicable law, departing from the territoriality principle of intellectual property rights. Comparing the ALI-Principles with MPI-Principles which are based on strict, civil law system gave us important suggestions. Furthermore, at the end of this research project, we could take into consideration the joint opinion of the MPI on Intellectual Property Law and Competition Law and MPI on foreign and international private law on the treatment of applicable law and international jurisdiction in light of the Brussels I-Regulation on international jurisdiction and recognition of foreign judgments and the project of the Rome I-Regulation on the law applicable to contractual obligations (http://www.mpipriv.de/ww/de/pub/aktuelles/content3075.htm). It was useful to consider this valuable opinion at the concluding stage of our research project.
Third, we examined not only on the private international law approach, but also the creation of soft law and the possibility of disputes resolutions based on soft law as a matter of substantive law. Less
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