Research on Border Measures to Protect Intellectual Property Rights

本研究项目旨在分析与侵犯知识产权货物有关的边境措施的法律问题。特别是，它试图1)掌握日本和其他主要国家现行的边境措施制度，2)分析国际规则，如关于边境措施的TRIPS协定，3)分析与边境措施有关的国内法，4)考虑未来的制度。除了与上述边境措施直接相关的主题外，本研究还涵盖了更广泛的问题，如最近知识产权制度的国际趋势，以分析这些制度与国家边界之间的关系。本研究的主要发现有：1)几个正在努力共同以及单独的主要国家加强边境措施,2)对于知识产权的属地原则,实际实现的原理不同甚至在美国,欧盟,日本,和一些趋势可以观察到加强这一原则的司法管辖权,3)至于日本边境措施,有些问题可能在冲突规则根据WTO协议,从实际的角度来看，他们中的一些人也很严肃。

This research project was carried out to analyze the legal problems concerning border measures related to goods infringing intellectual property. In particular, it tried 1) to grasp the current systems of border measures in Japan and other major countries, 2) to analyze the international rules such as the TRIPS Agreement concerning border measures, 3) to analyze the domestic laws relating border measures, and 4) to consider future systems. Besides the topics which are directly related to border measures described above, this research also covered broader issues such as the recent international trends of intellectual property systems with a view to analyze the relationship between these systems and national borders.The main findings of this research are: 1) several efforts are being made jointly as well as individually by major countries to strengthen border measures, 2) as for the territoriality principle of intellectual property rights, actual implementation of that principle varies even among the US, EU, and Japan, and some trends could be observed to strengthen this principle in terms of judicial jurisdiction, 3) as for the border measures of Japan, there are some problems which might be in conflict with the rules under the WTO Agreement, with a few of them being serious from the practical point of view as well.