Country：Japan

researchmap

Country：Japan

researchmap

Country：Japan

Country：Japan

Country：Japan

Country：United Kingdom

Country：Japan

Country：Slovakia

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

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

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

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

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