問9
頻出度★★★
インターネットを利用した企業広告に関する新たなビジネスモデルを考案し, コンピュータシステムとして実現した。この考案したビジネスモデルを知的財産として, 法的に保護するものはどれか。
平成24年度 秋期 ITパスポート試験 問9
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 9
Incorrectア
The Design Act protects a “design” — that is, the shape, pattern, color, and so on of an article that produce an aesthetic impression through the sense of sight (today screen designs and the exterior appearance of buildings can also be covered). What it protects is the visual design, not a technical idea such as a business mechanism or a processing procedure, so it cannot protect the devised business model itself.
Incorrectイ
The Trademark Act protects a “trademark” — that is, a mark such as characters, figures, or symbols used to distinguish one’s own goods and services from those of other companies (a brand name or a logo). Its purpose is to prevent confusion about the source and thereby protect goodwill, so even though a service name or a logo can be protected, the mechanism of the business model behind it is not covered.
Incorrectウ
The Copyright Act protects a “work” — that is, something in which thoughts or feelings are expressed creatively; the objects of protection are concrete expressions such as a program’s source code or the text and images displayed on the screen. Copyright law follows the principle that ideas themselves are not protected (the idea-expression dichotomy), so although the expression of the programs that make up a system can be protected, the very concept of the business model that the system embodies cannot.
- エ
正解 The correct answer is エ, the Patent Act. What the Patent Act protects is an “invention” — that is, a creation of technical ideas utilizing the laws of nature, and one that is highly advanced. As in this question, when a new business mechanism (an idea) for internet advertising is devised and then implemented as a computer system, the idea is combined with information processing technology and realized as a concrete technical means, so it can become the subject of a patent as an invention. A patent granted in this way to a business mechanism implemented using information technology is called a business model patent. Conversely, a mere commercial idea or a purely man-made arrangement does not utilize the laws of nature, so it cannot be patented; protection becomes available only once there is a technical implementation, for example by a computer system. That is the core point of this question. Note also that a patent right comes into existence after filing an application with the Patent Office, examination, and registration, and its term is in principle 20 years from the filing date.
ここがポイント
- Memorize the coverage of the four industrial property laws within intellectual property rights by what each protects: Patent Act = inventions (technical ideas); Utility Model Act = devices relating to the shape or structure of an article; Design Act = designs; Trademark Act = brand marks. Technical ideas are protected by the Patent Act and the Utility Model Act, but only the Patent Act can protect a method or mechanism such as a business model (utility models are limited to the shape, structure, or combination of articles).
- A business model patent is not a patent on a business method itself; it is a patent granted to a business mechanism that is implemented using information technology (a computer system). A useful contrast to remember: the Copyright Act protects expression rather than ideas, whereas the Patent Act protects technical ideas.
用語