Publication & Articles 2014

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Conflicts on the Rights of Personality and Its New Aspects: A Study from the Perspective of Japanese Private International Law [Volume 4 – 2014]

10 September 2014

According to the contemporary theory, a person has rights unto himself, that is, his personality. These rights (rights of personality, personal rights, or rights to personality – hereinafter referred to as “rights of personality”) are recognized in the legislation of many countries, specifically under the context of torts. Article 28 of the Swiss Civil Code, for example, provides that a person whose personality was illegally infringed can ...

Japan's Civil Code Reform Plan [Volume 4 – 2014]

5 September 2014

Since its enactment in 1896 (Books I-III) and 1898 (Books IV-V) the Japanese Civil Code (民法minpōhereinafter JCC) has only once been subject to a major reform—after World War II, when its Books IV (Family Law) and V (Inheritance Law) were substantively revised to align family and inheritance law issues with Western standards[1]. In late 2009 the Japanese Ministry of Justice installed the ‘Working Group on...

Leniency in Japan: An Empirical Survey of its Use [Volume 4 – 2014]

28 March 2014

Leniency programs have been lauded as an effective tool to enforce competition law against cartels.[1] The basis for the positive view is often the numerical approach on decisions or applications. Enforcement agencies often emphasize the discrepancy in decisions before and after adopting a leniency program.[2] Cartel decisions usually see a rise after the adoption of a leniency program. If it is not the discrepancy that...

Intellectual Property in the Age of Technology: Weaknesses in the Existing Law and Economics Approach to Patent, Copyright and Trademark Law [Volume 4 – 2014]

28 January 2014

“The question is not whether copyrights, patents and trade secrets provide incentives for the production of original works of authorship, inventions and innovative business techniques. Of course they do. Rather, we should ask the following questions: Do copyrights, patents and trade secrets increase the availability and use of intellectual products more than they restrict this availability and use? If they do, we must then ask...

Diversity of Distributed Music and Modern Telecommunication Technologies: A Network perspective [Volume 4 – 2014]

16 December 2013

This paper addresses the debates surrounding the impact of the Internet and cloud computing technology to the activities in music industry, especially at the stage of music distribution and dissemination. Building upon the realistic observations concerning the ‘conventional’ as well as innovative music distribution business models, this paper provides for simulations and analysis using the social network approach. These...