問21
頻出度★★★
新製品の開発に当たって生み出される様々な成果のうち，著作権法による保護の対象となるものはどれか。
平成21年度 秋期 ITパスポート試験 問21
ストラテジ系法務 › 知的財産権
This question's explanation and your answers so far.
解説
問 21
Incorrectア
An original invention is protected by the Patent Act. A patent right is granted for a creation of a technical idea that uses the laws of nature (an invention), and the right arises only after application to the patent office, examination, and registration. An invention is the idea itself, so it is not covered by the Copyright Act, which protects expression.
- イ
正解 The correct answer is イ. The Copyright Act protects thoughts or feelings expressed in a creative way (that is, works), and a program is explicitly listed in the law as a type of work, so it is protected. Therefore, a software program written to realize the functions of a new product is protected by the Copyright Act. Another feature is that copyright arises automatically at the moment of creation, with no application or registration required (the no-formalities principle).
Incorrectウ
Industrial designs such as the shape, pattern, or color of a product are protected by the Design Act (design right). It protects the aesthetic creation of an article's appearance, also requires application and registration, and is handled by the Design Act rather than the Copyright Act.
Incorrectエ
A trademark for a new product is protected by the Trademark Act (trademark right). It protects marks that indicate the source of goods or services, and the right arises through registration. Brand names and logos fall under the Trademark Act, not the Copyright Act.
ここがポイント
- The scope covered by each intellectual property law: inventions → Patent Act; designs → Design Act; trademarks → Trademark Act; expressive works (programs, text, music, etc.) → Copyright Act.
- A program is protected as a work under the Copyright Act, and copyright arises at the same time as the creation itself, with no application or registration (the no-formalities principle). This contrasts with industrial property rights (patent, utility model, design, trademark), which arise through registration.
用語