問29
頻出度★★★
知的財産権のうち, 特許庁が定める産業財産権に属さない権利はどれか。
平成24年度 春期 ITパスポート試験 問29
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 29
Incorrectア
The design right is a right under the Design Act that protects designs such as the shape, patterns, and colors of an article. It requires an application to and registration with the Patent Office and is one of the four industrial property rights, so it is not the answer to this question, which asks for the right that does not belong.
Incorrectイ
The trademark right is a right under the Trademark Act that protects the marks, logos, and names used to distinguish a company's own goods or services from those of others. It, too, is one of the industrial property rights that come into existence through application to and registration with the Patent Office, so it is incorrect.
- ウ
正解 The correct answer is “ウ”, copyright. Intellectual property rights are broadly divided into industrial property rights and other rights such as copyright. Industrial property rights are the following four rights, all administered by the Patent Office: the patent right (protects inventions), the utility model right (protects devices relating to the shape or structure of articles), the design right (protects the design of articles), and the trademark right (protects marks and names that identify goods or services). All four come into existence only after an application is filed with the Patent Office, examined, and registered — a formality-based system — and they share the aim of promoting the development of industry. Copyright, in contrast, is a right under the Copyright Act, and it is administered by the Agency for Cultural Affairs, not the Patent Office. It arises automatically the moment a work such as a novel, a piece of music, a painting, a photograph, or a program is created, with neither application nor registration required (the no-formality principle). Its purpose, too, is not the development of industry but the development of culture. Therefore, the right among the choices that does not belong to the industrial property rights defined by the Patent Office is copyright, so “ウ” is the correct answer.
Incorrectエ
The patent right is a right under the Patent Act that protects an invention — that is, a highly advanced creation of technical ideas utilizing the laws of nature. It is the very archetype of the industrial property rights administered by the Patent Office, so it is not a right that falls outside them.
ここがポイント
- Industrial property rights = the four rights of patent, utility model, design, and trademark; all are administered by the Patent Office and come into existence through application and registration. The standard approach is to memorize them as one set of four: patent, utility model, design, trademark.
- Copyright is a right under the Copyright Act and is administered by the Agency for Cultural Affairs. It arises automatically at the moment of creation and needs no registration (the no-formality principle), which is the decisive difference from industrial property rights, for which registration is mandatory. Grasp the overall structure as: intellectual property rights = industrial property rights + copyright + others (trade secrets, etc.).
用語