問23
頻出度★★★
知的財産権のうち, 全てが産業財産権に該当するものの組合せはどれか。
平成28年度 春期 ITパスポート試験 問23
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 23
Incorrectア
The design right and utility model right are industrial property rights, but this combination includes the copyright. Copyright arises automatically at the moment a work is created and requires no registration, so it is not an industrial property right. Thus it does not satisfy the condition that all are industrial property rights.
- イ
正解 Industrial property rights refer to four rights: the patent right, utility model right, design right, and trademark right, all of which come into effect only after an application is filed with and registered at the patent office. In choice イ, the combination «design right, utility model right, patent right» has all three among these four rights, so every one of them is an industrial property right. Therefore イ is correct.
Incorrectウ
The design right and patent right are industrial property rights, but this combination contains the copyright. Copyright is not among the four industrial property rights (patent, utility model, design, trademark), so this combination cannot be said to consist entirely of industrial property rights.
Incorrectエ
The utility model right and patent right are industrial property rights, but this combination contains the copyright. Copyright is a right in a created work that arises automatically without registration and is not an industrial property right, so this combination also fails to meet the condition.
ここがポイント
- Industrial property rights = four rights: patent right, utility model right, design right, and trademark right; each arises through filing an application with and registering at the patent office.
- Copyright requires no registration and arises automatically at the moment of creation; it is not included in industrial property rights (within intellectual property rights it is a separate category from industrial property rights).
用語