問12
頻出度★★★
意匠法における意匠の説明として, 最も適切なものはどれか。
平成22年度 秋期 ITパスポート試験 問12
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 12
Incorrectア
“An invention created based on a technical idea that utilizes the laws of nature” describes an invention under the Patent Act, not a design. What a patent right protects is not the look of a product but the technical idea (the mechanism or method) that solves a problem. Even for the same product, the novelty of an internal control method is a matter for a patent, while the beauty of the outer appearance is a matter for a design right — the objects of protection differ, and you should keep them apart.
Incorrectイ
“A work that creatively expresses thoughts or emotions through writing, sound, pictures, and so on” describes a work under the Copyright Act. Novels, music, paintings, photographs, and programs fall into this category, and a copyright arises automatically at the moment of creation (the no-formality principle), which also differs from a design right that requires application and registration. It is a separate system from the design right that protects the design of industrial products.
Incorrectウ
“A mark for goods represented by characters, figures, symbols, three-dimensional shapes, and so on” describes a trademark under the Trademark Act. What a trademark protects is its function as a sign (a brand) showing which business the goods or service comes from, not the beauty of the design itself. Logos and brand names are trademarks, while creations of a product's appearance are designs; they are divided by the purpose of protection.
- エ
正解 The correct answer is エ. A design under the Design Act means the shape, pattern, or color of an article, or a combination of these, that creates an aesthetic impression through the sense of sight — in other words, the design of an industrial product. Choice エ says exactly “the design of goods represented by the shape, pattern, color, and so on of an article,” which is the definition of a design itself. There are two key points: (1) what is protected is not the technology or the idea but the appearance (the look), and (2) that appearance must be tied to an article. For example, the shape of a smartphone body, the lines of a chair leg, or the curve of a beverage bottle are creations of appearance covered by a design right. A design right is one of the industrial property rights, and it arises through application to and registration with the Patent Office; from registration the holder may work that design exclusively for a fixed period.
ここがポイント
- How the industrial property rights (patent right, utility model right, design right, trademark right) and copyright divide up what they protect: a patent right protects an invention, that is, a creation of a technical idea utilizing the laws of nature; a utility model right protects a device relating to the shape or structure of an article; a design right protects the design (appearance) of an article; a trademark right protects a mark that identifies goods or services; and copyright protects a work that creatively expresses thoughts or emotions.
- A design right is an industrial property right that arises only through application to and registration with the Patent Office, whereas a copyright arises automatically at the moment of creation without any registration (the no-formality principle). The difference in how the right comes into being is also a frequently tested point of comparison.
用語