Updated on 2025/06/10

Information

 

写真a

 
HAZUCHA BRANISLAV
 
Organization
Faculty of Law Department of International Legal Studies Professor
Title
Professor
Profile
His research interests focus on studying the impact of intellectual property protection on cultural production and the development of new information and communication technologies. In his research, he employs interdisciplinary, empirical, and comparative analysis.
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Research Areas

  • Humanities & Social Sciences / New fields of law

Degree

  • MJur ( 2015.9 University of Oxford Faculty of Law )

  • LL.D. ( 2005.9 Kyushu University )

  • JUDr. ( 2002.4 University of Trnava Faculty of Law )

  • LL.M. ( 1999.6 Comenius University Faculty of Law )

Research History

  • Kyushu University Faculty of Law Professor (In charge of graduate school) 

    2025.4 - Present

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    Country:Japan

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  • Hokkaido University Graduate School of Law Professor (In charge of graduate school) 

    2019.4 - 2025.3

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    Country:Japan

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  • Hokkaido University Graduate School of Law Associate Professor (In charge of graduate school) 

    2012.10 - 2019.3

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    Country:Japan

  • Hokkaido University Graduate School of Law Specially Appointed Associate Professor 

    2011.4 - 2012.9

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    Country:Japan

  • Hokkaido University Graduate School of Law Assistant Professor (In charge of graduate school) 

    2009.5 - 2011.3

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    Country:Japan

  • Hokkaido University Graduate School of Law Specially Appointed Assistant Professor 

    2009.1 - 2009.5

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    Country:Japan

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Education

  • University of Oxford   Faculty of Law   MJur. Programme

    2014.10 - 2015.9

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    Country:United Kingdom

  • Kyushu University   Graduate School of Law   LL.D. Programme

    2002.10 - 2005.9

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    Country:Japan

  • Comenius University   Faculty of Law  

    1994.9 - 1999.6

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    Country:Slovakia

Research Interests・Research Keywords

  • Research theme: piracy

    Keyword: piracy

    Research period: 2025

  • Research theme: 著作隣接権

    Keyword: 著作隣接権

    Research period: 2025

  • Research theme: 情報通信技術

    Keyword: 情報通信技術

    Research period: 2025

  • Research theme: Role of Fair Remuneration in Copyright Law

    Keyword: copyright, fair remuneration, value gap

    Research period: 2023.4 - Present

  • Research theme: TV broadcasting

    Keyword: TV broadcasting

    Research period: 2009.1 - Present

  • Research theme: indirect copyright infringement

    Keyword: copyright, indirect infringement

    Research period: 2002.10 - Present

  • Research theme: copyright

    Keyword: copyright

    Research period: 2001.10 - Present

Papers

  • Public Views on Disgorgement of Profits in Copyright Law: A Role of Harm and Wrongful Gain Invited

    Branislav Hazucha

    Estelle Derclaye (ed.), Research Handbook on Empirical Studies in Intellectual Property Law   -   217 - 237   2023.7   ISBN:9781802206203

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    Authorship:Lead author   Language:English   Publishing type:Part of collection (book)   Publisher:Edward Elgar Publishing Ltd  

    Sharing of user-generated content among millions of internet users on social networks raises a variety of copyright-related issues, because it habitually uses other people’s copyrighted works and many times violates relevant provisions of copyright law. To solve these problems, online platforms have designed several measures, including the so-called demonetization of uploaded content, which sometimes causes an outcry among affected internet users.
    This chapter therefore examines how content demonetization can be justified and how it is perceived by the general public. For this purpose, the chapter relies upon an empirical cross-cultural study conducted in four countries over three continents, namely France, Germany, Japan and the US. It shows that the public clearly recognizes that nobody should benefit from copyright infringement. Nonetheless, it does not mean that any profit gained from the use of another person’s copyrighted work should be subject to the disgorgement of profits.

    CiNii Research

  • Private Copying and Harm to Authors: Compensation versus Remuneration Reviewed

    Branislav Hazucha

    Law Quarterly Review   133 ( April )   269 - 295   2017.4   ISSN:0023-933X

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    Authorship:Lead author   Language:English   Publishing type:Research paper (scientific journal)   Publisher:Sweet & Maxwell  

    This Article examines recently quashed UK approach towards private copying in the light of requirements imposed by art.5(2)(b) of the Information Society Directive. It shows that the proposition, upon which EU law is based and which assumes that private non-commercial copying causes or is likely to cause harm to authors, is based upon anecdotal evidence and has not been proven by any solid empirical study. The Article thus challenges the use of the concept of “compensation” with regard to private non-commercial copying. It also demonstrates that the lavish approach towards the interpretation of copyright holders’ exclusive rights, combined with a very restrictive and inflexible construction of copyright exceptions and limitations, can only worsen the current mass disregard of copyright law by the public. Copyright law that disregards those phenomena and stigmatizes activities considered as normal and innocuous by the majority of society tends to be largely ignored by those targeted by the law.

  • Vymedzenie znakov dizajnu (Delineation of Design Features) Reviewed

    Branislav Hazucha

    Duševné vlastníctvo (Intellectual Property)   28 ( 2 )   6 - 15   2024.10   ISSN:1339-5564

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    Authorship:Lead author   Language:Slovak   Publishing type:Research paper (scientific journal)  

    Design law broadly defines the term of “design” by demonstratively enumerating the features, from which the appearance of the whole or a part of a product can result, so that its definition can be applied to diverse areas of design endeavours. With the development of new technologies and the virtualization of designs, numerous drawbacks of even such a broad deϐinition has, however, been more often perceived especially in relation with animated digital designs. At the present, an ongoing revision of its deϐinition is therefore prepared at the European level, and in the near future it will also have an impact on the current Slovak domestic regulation in the field of design law.

  • Spravodlivé odmeňovanie v autorskom práve: Jeho účinnosť a možné alternatívy (Fair Remuneration in Copyright Law: Its Efficiency and Possible Alternatives) Reviewed

    Branislav Hazucha

    Renáta Bačárová, Tobiáš Pacák & Michaela Szittyaiová (eds.), Košické dni súkromného práva V (Košice Days of Private Law V)   -   405 - 413   2024.4

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    Authorship:Lead author   Language:Slovak   Publishing type:Research paper (international conference proceedings)  

    In order to improve the poor economic situation faced by authors and performers and their insufficient participation in the revenues generated by the commercial exploitation of their rights protected by copyright law, the Digital Single Market Directive introduced a new institute of fair remuneration into European copyright law. This Paper analyzes whether the mechanisms created by it are able to really achieve the goals aimed by them and points out possible alternative solutions.

  • 著作権法における利益吐出し型救済をめぐる公衆の意識―損害と不正利得の役割-

    Branislav Hazucha

    Hiroshi Yoshida, Maiko Murai, Branislav Hazucha, Takakuni Yamane (eds.),『知的財産法政策学の旅―田村善之先生還暦記念論文集―』(A Journey Through Intellectual Property Law and Policy: Essays in Commemoration of Prof. Yoshiyuki Tamura's 60th Birthday)   -   507 - 527   2023.8   ISBN:978-4-335-35951-4

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    Authorship:Lead author   Language:Japanese   Publishing type:Part of collection (book)   Publisher:KOUBUNDOU Publishers Inc.  

    CiNii Research

  • Hmotné vyjadrenie a vizuálne vnímania dizajnov (Tangible Expression and Visual Perception of Designs)

    Branislav Hazucha

    Duševné vlastníctvo (Intellectual Property)   27 ( 1 )   35 - 41   2023.5   ISSN:1339-5564

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    Authorship:Lead author   Language:Slovak   Publishing type:Research paper (scientific journal)  

    The fundamental requirement set up by law for designs is that they are to comply with the conditions established by the deϐinition of term “design”. They comprise conditions, such as the requirements that the design must be tangibly expressed and that it must be perceptible by sight. The condition of visual appearance is also closely related to the exclusion of the internal structure of a product or its part from design protection.

  • 文化創出におけるパブリックドメインの役割-オープンソースソフトウェアとマッシュアップの事例-(A Role of the Public Domain in Cultural Production: Cases of Open Source Software and Mashups)

    Branislav Hazucha (translated by Emi Tsubata)

    Yohiyuki Tamura (ed.),『知財とパブリック・ドメイン』(Intellectual Property and Public Domain)   2   3 - 30   2023.2   ISBN:978-4-326-40415-5

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    Authorship:Lead author   Language:Japanese   Publishing type:Part of collection (book)   Publisher:Keiso Shobo  

  • Autorskoprávna ochrana krátkych literárnych diel (Copyrightability of Short Literary Works) Reviewed

    Branislav Hazucha

    Duševné vlastníctvo (Intellectual Property)   26 ( 1-2 )   20 - 29   2022.9   ISSN:1339-5564

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    Authorship:Lead author   Language:Slovak   Publishing type:Research paper (scientific journal)  

    Copyrightability of coined words, titles, slogans and other short literary works raises several signiϐicant challenges in the area of copyright law, which relate to copyrightability requirements set for works of authorship. This issue is thus linked with the determination of minimum threshold, which each literary or other artistic results of human creative labour must pass in order to acquire copyright protection. At the same time, it regulates the maximal extent of the part of a literary or another artistic work, which may be freely used by copyright users without interfering with any exclusive rights of the concerned copyright holder. This Study therefore scrutinizes the borderline between copyright protection and free uses of short literary creations. As courts in several jurisdictions on the European and Member States level, including the ones in the Czech Republic, have intensively dealt with this issue, the Study searches for inspiration in the current often contravening case law in the area and examines its advantages as well as weaknesses.

    CiNii Research

  • Pop art z pohladu autorskeho prava (Pop Art from the Perspective of Copyright Law) Reviewed

    Branislav Hazucha

    Peter Molnar et al. (eds.), Kosicke dni sukromneho prava IV: Pocta profesorovi Vojcikovi (Kosice Days of Private Law IV: Homage to Professor Vojcik)   -   382 - 389   2022.6   ISBN:978-80-8129-138-8

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    Authorship:Lead author   Language:Slovak   Publishing type:Research paper (international conference proceedings)  

    The role of copyright law is to provide diverse forms of literary and other artistic works with adequate legal protection. Recently, several court judgments abroad have, however, pointed out that not all the norms and requirements of contemporary copyright law are always adequately suitable to the needs presented by each form of literary and other artistic creativity. This Paper thus deals with the relationship between so-called appropriative forms of modern fine art, which are characterized by using the works of other authors in new expressions, forms and contexts, from the perspective of copyright law.

    DOI: 10.33542/KDS22-0098-1-00

    CiNii Research

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Books

Presentations

  • Právna ochrana priestorových známok: Empirická štúdia vnímania spotrebiteľov (Legal Protection of 3D Trademarks: An Empirical Study of Consumers' Perceptions) Invited International conference

    Branislav Hazucha

    2024 Dies Iuris Tyrnavienses, “Tradičné a netradičné v práve” (Traditional and Non-Traditional in Law )  2024.9  Trnava University Faculty of Law

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    Event date: 2024.9

    Language:Slovak   Presentation type:Symposium, workshop panel (public)  

    Venue:Trnava University Faculty of Law, Trnava   Country:Slovakia  

  • Vnímanie bezdôvodného obohatenia v autorskom práve verejnosťou: Úloha ujmy a neoprávnených ziskov (Public Views on Unjust Enrichment in Copyright Law: A Role of Harm and Wrongful Gain) International conference

    Branislav Hazucha

    XVII. Juridical Days in Olomouc  2024.5  Palacký University Olomouc, Faculty of Law

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    Event date: 2024.5

    Language:Slovak   Presentation type:Symposium, workshop panel (public)  

    Venue:Palacký University Olomouc, Faculty of Law, Olomouc   Country:Czech Republic  

Research Projects

  • Building a Fashion IP Law that Realizes IP Channeling Policy

    Grant number:24K00209  2024.4 - 2029.3

    Grants-in-Aid for Scientific Research  Grant-in-Aid for Scientific Research (B)

    田村 善之, 蘆立 順美, 渕 麻依子, 山本 真祐子, 青木 大也, 平澤 卓人, 小嶋 崇弘, 末宗 達行, HAZUCHA B, Rademacher C

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    Grant type:Scientific research funding

    ファッション業界では、ファッション・プロダクツのデザイン特有の事情により、時期や状況に応じて、複数の知的財産法制度の保護を選択的に活用するIP Channeling 戦略がとられている。本研究は、こうした実情を踏まえたうえで、各種知的財産制度間の接続と調整を図るIP Channeling 政策が不可欠であるとの観点からファッションIPローという理論領域を構築し、具体的な制度設計につなげる。

    CiNii Research

  • Role of Fair Remuneration in Copyright Law

    Grant number:23K01204  2023.4 - 2027.3

    Grants-in-Aid for Scientific Research  Grant-in-Aid for Scientific Research (C)

    HAZUCHA B

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    Grant type:Scientific research funding

    This research is an empirical, interdisciplinary and comparative study on the efficiency of copyright regulations requiring fair remuneration of authors and other copyright holders for commercial uses of their copyrighted works. It will combine qualitative and quantitative research methods.
    The research project advanced in 3 main aspects during fiscal year 2023. First, the legislative history of adopting the fair remuneration regime in EU copyright law was examined. It showed the reasons and objectives of adopting this regime. In addition, the regime was significantly modified during the legislative process and therefore its legislative history helps to better understand its current version. Second, as the EU regime of fair remuneration was heavily influenced by the regimes in Germany and France, experiences with the application of those regimes were surveyed. They show considerable limitations of their application in practice to certain specific cases. Third, the doctrine of fair price and the various mechanisms used in general contract law in this regard were scrutinized.
    Preliminary results show that the EU regime of fair remuneration notably differs from the mechanisms applied to other contracts under contract law. The reason is that it was adopted, because the mechanisms available under contract law were considered insufficient to allow adjustments or revocations of licensing agreements in copyright law. In addition, the experiences with the application of fair remuneration in Germany demonstrates that contract adjustments tend to be applied only in limited cases, especially in the case of lump-sum payments.
    The results were presented at several international conferences and workshops in Japan, EU, and US.
    I achieved what I planned for fiscal year of 2023. It was the first year of this research project and thus the research plan for the year was to examine the fair remuneration regime adopted in EU copyright law, in particular the reasons and objectives of its adoption and how this new regime fits into other mechanisms used in general contract law in cases of disparity in value between the contractual parties' performances. The legislative history of its adoption and the mechanisms employed in general contract law were thus scrutinized.
    In the following research, I will focus on investigating alternative mechanisms applied outside the EU, which are based upon the minimal license rate and collective bargaining. Their efficiency will be compared with the EU regime of fair remuneration. The analysis in fiscal year 2024 will thus concentrated mainly on studying the experiences with minimal license rate and similar approaches used in other areas of private law, especially labour law. In a number of countries, minimal wages have been established in order to protect workers, and a number of empirical studies show their practical consequences. Those studies will be reviewed in order to determine to what degree their findings could help us to better understand the regimes based upon minimal license rates in copyright law.

    CiNii Research

  • Public Views on the Role of Parody in Copyright Law

    Grant number:18KK0356  2019 - 2022

    Grants-in-Aid for Scientific Research  Fund for the Promotion of Joint International Research (Fostering Joint International Research (A))

    Hazucha Branislav

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    Grant type:Scientific research funding

    The research results show that the general public recognizes not only the wrongfulness of literary copying, but also of producing derivative works without obtaining a licence or any other permission from the concerned rightholder. The results also demonstrate that the public’s assessment of the transformative copyright uses depends upon several factors, such as humorousness, caused harm and gained wrongful profit. The public thus perceives humorous transformative uses of copyrighted works as less wrongful than non-humorous ones, but deems causing any harm to the authors as wrongful even when such copyright uses are parodic.
    At the same time, people living in diverse cultural, social and legal environments and traditions deem enforcement measures, such as online content removal and demonetization, as appropriate under certain conditions, but they do not consider that any profit obtained by using another person’s copyrighted work is automatically wrongfully gained.

    CiNii Research

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

    Grant number:18H05216  2018.6 - 2023.3

    Grants-in-Aid for Scientific Research  Grant-in-Aid for Scientific Research (S)

    TAMURA Yoshiyuki

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    Grant type:Scientific research funding

    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.

    CiNii Research

  • Public Views on Wrongfulness of Copyright Infringements

    Grant number:18K01380  2018.4 - 2023.3

    Grants-in-Aid for Scientific Research  Grant-in-Aid for Scientific Research (C)

    Hazucha Branislav

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    Grant type:Scientific research funding

    The research results show that copyright laws are not only legal constructs, but their core rules have deep foundations in social norms recognized by the general public. Contrary to dominant views that the public completely disregards copyright law, this research found out sound and solid evidence that the public clearly deems it wrongful when someone commercially uses another person’s intellectual creation without getting any permission from the concerned person. Stealing of a bicycle is thus as wrongful as uploading of sound recordings on the internet or making of the copies of a movie DVD for their distribution amongst strangers.
    Nonetheless, the public also distinguishes between personal uses on the one side and commercial and other large-scale public uses of copyrighted works. This causes that copyright enforcement measures work quite efficiently when they are applied to commercial or large-scale copyright uses contrary to private non-commercial and personal ones.

    CiNii Research

Educational Activities

  • He teaches courses on international and comparative intellectual property law as well as comparative private law.

Class subject

  • Comprehensive Research Seminar (B)

    2025.4 - 2025.9   First semester

  • Transnational Business Law (C) (A.L.)

    2025.4 - 2025.6   Spring quarter