The Intellectual Property Law System for Adequate Legal Protection of Information Technology (IT) in the Network Environment

点击翻译按钮获取中文摘要

This project has been conducted to search the effective intellectual property law system for adequate legal protection of information technology (IT) in the network environment, based on a new point of view that intellectual property law is to be restructured as information protection law.First of all, Obuchi researched newly-arising problems concerning the legal protection of computer programs when he was involved in the preparative process for the 2002 revision of the Patent Law, which articulately provides that a computer program is an object for legal protection under the Patent Law for the first time in the world. Hirashima also dealt with the issues discussed above in his articles.In particular, the legal protection of advanced technology information, such as genetic information, data on the stereostructure of protein and screening methods using them, is currently under serious discussions. Obuchi and other leading scholars conducted interdisciplinary research on the problems fro … More m both legal and scientific points of view. Since IT covers all fields of human social activities such as finance and commerce, with regard to the objects and substance of the intellectual property rights, the demand for public interest, monopoly and competition, etc. should be harmonized. Comprehensive research on these matters has been progressing as shown in the articles bellow.Furthermore, the result of the research mentioned above also gives profit to the education in the faculty of law and graduate schools for law and politics. The comprehensive seminar of computer and cyber law by Obuchi, offered for the first time in both the Faculty of Law and the Graduate Schools for Law and Politics, the University of Tokyo 2004, achieved great success.Especially, IT has the characteristic that it cannot survive economically and socially without the effective as well as efficient enforcement mechanism for the legal protection of IT because it is especially fragile to imitation. Obuchi published a series of articles on the procedural and organizational issues, which are necessary to realize speedy legal protection. Less