Science of "Ba"
Online ISSN : 2434-3766
Volume 3, Issue 2
Displaying 1-6 of 6 articles from this issue
  • Japan Association for Sustainability based on Co-innovation & Competit ...
    2023 Volume 3 Issue 2 Pages 0-
    Published: 2023
    Released on J-STAGE: October 17, 2023
    JOURNAL FREE ACCESS
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  • Tanaka Yasuyuki
    2023 Volume 3 Issue 2 Pages 1-4
    Published: September 30, 2023
    Released on J-STAGE: October 17, 2023
    JOURNAL FREE ACCESS
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  • Ide Risa, Kon Satoshi
    2023 Volume 3 Issue 2 Pages 5-23
    Published: September 30, 2023
    Released on J-STAGE: October 17, 2023
    JOURNAL FREE ACCESS
    1.Taiwan's Wisdom Creation Exclusive Right is Different from Conventional Intellectual Property with Special Legislation, but There are Challenges. Aboriginal wisdom creation in Taiwan is protected by the exclusive right of wisdom creation under the ordinance embodied in the Aboriginal Peoples Basic Law, which is based on the Taiwanese Constitution. The term of protection of the exclusive right for wisdom creation is permanent, which is very different from the conventional intellectual property right. The Aboriginal original Committee is in charge of reviewing the wisdom creation. However, there are some issues to be addressed, including the granting of exclusive rights in the public domain, the appropriateness of having to re-register existing aboriginal creations, and whether the protection should include the concept of wisdom creation. 2.Lalu case shows that there is room for consideration regarding the development of a law that identifies the true protected legal interest. In the Lalu case, the Aboriginal Affairs Commission refused the Thao to register the exclusive right of Wisdom Creation on the grounds that Lalu, for which a third party already had trademark rights, was only a place name and was not included in the category of Wisdom Creation. On the other hand, the Court ruled that the Thao should have the right to enjoy their own creations that already existed as aboriginal ones because of the need to protect the cultural rights of aboriginal peoples. In the semiotic approach, a symbol is divided into two parts: the perceptible aspect "monistic"(SIGNIFIANT) and its psychological content "mental" (SIGNIFIÉ). If the requirements for registration are met, both the trademark and the exclusive right to create wisdom can be registered. The Lalu case leaves some room for consideration of the true legal interest in protection. 3.The Ami Tribe's exclusive rights case is not a good idea to bring fair use to wisdom creation. The plaintiff, the Ami Tribe, filed a lawsuit against the Aboriginal Committee for its use of the already registered Ami Tribe's Wisdom Creation at an event. The plaintiff claimed that the defendant's actions desecrated its traditions and customs, etc., and the defendant claimed that its own actions constituted fair use, etc. The court did not decide the claims related to infringement of rights, and held that there was no liability for damages based on state compensation or tort liability under the Civil Code. However, the unlicensed nature of the work and the defendant's conduct itself are of concern from the perspective of the property rights and personal rights of the exclusive right to intellectual and creative works. In addition, fair use, a means of reconciling private rights and public interest recognized under Taiwan's Copyright Act, is a defense in cases where copyright, a private right, has been infringed. On the other hand, the exclusive right of traditional wisdom creation of aboriginal peoples is a special right guaranteed by international treaties and the Constitution. Then, the exclusive right of traditional wisdom creation cannot be equated with fair use. It is incongruous to immediately apply fair use to two different objects of protection, private rights and public interest.
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  • From the three axes of prevention, precautionary principle, and solution-making
    Yang Linkai, Kikuchi Junichi, Dobashi Tadashi
    2023 Volume 3 Issue 2 Pages 24-36
    Published: September 30, 2023
    Released on J-STAGE: October 17, 2023
    JOURNAL FREE ACCESS
    This paper argues that in order to deal with a " CRAC; Composite Risk Assets Cluster " (a group of tangible and intangible assets with known and unknown risks), it is necessary to manage it as an ecosystem related to the acquisition, maintenance, and disposal of the asset group, and to act with a fiduciary duty based on a combination of the " Preventive Principle " and the "Precautionary Principle". As a task force mechanism (framework for social systems) based on these principles, the ELSI (Ethical, Legal, Social & Issues) framework is being developed on a trial basis in various places (private companies, universities, startups, non-profit organizations, government agencies, etc.), although it is not yet complete. The ELSIs type model for Narrative-Stepwise Solution-Making (ELSIs) framework was proposed to deepen the ELSI framework (framework for allocating expert personnel, necessary databases, consensus-building methods, sharing of empirical wisdom, etc.) that is being developed on a trial basis in academic fields and by experts in various fields. We hope that this framework will contribute to the emergence of new attempts across academic fields and across disciplines of experts.
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  • A "Ba"Place for Cooperative Creation in Local Development
    Murakami Kyoichi
    2023 Volume 3 Issue 2 Pages 37-50
    Published: September 30, 2023
    Released on J-STAGE: October 17, 2023
    JOURNAL FREE ACCESS
    Regional development through collaborative creation is an urgent issue. However, there is no indigenous research in Japan. This paper investigates the relationship between regional development and entrepreneurs based on the concept of "Ba". As a result, we concluded that the familiar orthodox concept of "Sou" social system is highly valid. In addition, it was clarified that new encounters are necessary for innovation, but that the logic of Alternative cannot explain such encounters. The Japanese concepts of "un" "Guzen" "Engi" "Kaikoh" can explain these encounters. For the creation of local communities, it is essential to form a place of “Yozho”circulation, based on an Brotherhood economics.
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  • From the perspective of legal policy and policy making based on the case of "Aspartame"
    Keita Nakayama
    2023 Volume 3 Issue 2 Pages 51-73
    Published: September 30, 2023
    Released on J-STAGE: December 13, 2023
    JOURNAL FREE ACCESS
    This paper examines the risks of aspartame, a type of food additive, as an example. Based on the risks of aspartame, this article reviews the current state of food additive regulations in Japan. Based on related trends in other countries and previous studies, the following two "fallacies" were identified. Specifically, this paper points out that there are "fallacies" in risk recognition regarding carcinogenicity and reproductive genotoxicity, and "fallacies" in approaches to setting various standard values for food additives and their effects. Based on these points, this paper has clarified the essential issues that give rise to these "fallacies". Furthermore, based on this essential issue, this paper examines the future form of food additive regulations in Japan from the perspectives of the prevention principle and the precautionary principle. Finally, from the perspective of policy-making and legal policy studies associated with risk administration and uncertainty administration, this paper conducts an investigation based on the "typification of risk trade-off" (framework) presented in previous studies. As a result, I presented a new perspective (policy implications) by examining the boundaries (thresholds) of evidence in "causal relationships and correlation relationships" and the relationship between their uncertainties.
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