Cross-Sectional Review of Intellectual Property Laws from the Viewpoint of Fostering and Securing Public Domain

About This Project

Japan Grant Number
JP18H05216 (JGN)
Funding Program
Grants-in-Aid for Scientific Research
Funding Organization
Japan Society for the Promotion of Science

Kakenhi Information

Project/Area Number
18H05216
Research Category
Grant-in-Aid for Scientific Research (S)
Allocation Type
  • Single-year Grants
Review Section / Research Field
  • Broad Section A
Research Institution
  • The University of Tokyo
  • Hokkaido University
Project Period (FY)
2018-06-11 〜 2023-03-31
Project Status
Completed
Budget Amount*help
143,910,000 Yen (Direct Cost: 110,700,000 Yen Indirect Cost: 33,210,000 Yen)

Research Abstract

Public domain refers to inventions and works that are not covered by intellectual property rights such as patents and copyrights.Typical examples are inventions and works whose protection period has expired. This research aims to realize a system of intellectual property rights that balances protection and use, focusing on the idea that since intellectual property rights are intended to promote invention and writing activities and thereby ensure the development of industry and culture, the ultimate purpose of intellectual property rights is not to protect intellectual property rights, but rather to foster a public domain that can be used by public. As a result, we have developed well-balanced proposals in various aspects of intellectual property law, including patent protection requirements, patent protection scope, prior use, copyrightability, copyright protection scope, and copyright limitations.

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