問6
頻出度★★★
ソフトウェアパッケージに添付した取扱説明書の内容を保護する権利はどれか。
平成26年度 秋期 ITパスポート試験 問6
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 6
Incorrectア
A design right protects the design of an article — its shape, pattern, colour and so on — that appeals aesthetically through the eye (Design Act), and it requires application and registration with the patent office. The shape of a package container can be covered, but the text written in an instruction manual is not.
Incorrectイ
A trademark right protects marks that indicate the source of goods or services (words, figures, symbols and the like) under the Trademark Act, and it comes into existence through registration. A product name or logo can be protected, but the content written in a manual cannot be protected as a trademark.
- ウ
正解 The correct answer is ウ, copyright. An instruction manual is created in the form of written text, so it counts as a literary work and is protected by the Copyright Act. A key feature of copyright is that it arises automatically at the moment of creation (no formalities are required); no application or registration procedure is needed. In a software package, both the program itself and the manual (the instruction manual) are works protected by copyright. Note also that what is protected is the expression, not the ideas or the operating procedures described in it.
Incorrectエ
A patent right protects an invention — a creation of a technical idea utilizing the laws of nature — under the Patent Act, and it requires application, examination and registration. A software-related invention can be patented, but that protects the technical idea; it does not protect the content expressed in text in an instruction manual.
ここがポイント
- Copyright protects expression — text, programs, images and so on — and arises automatically at the same time as the creation, with no formalities required. Manuals and instruction manuals are literary works covered by copyright.
- Telling the industrial property rights apart: patent right = invention (a technical idea), utility model right = a device relating to an article, design right = design, trademark right = a mark identifying goods or services. All of them require application and registration with the patent office.
用語