問35
頻出度★★★
カーナビゲーションシステムに関する知的財産権と保護対象の適切な組合せはどれか。
平成29年度 秋期 ITパスポート試験 問35
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 35
Incorrectア
This option treats the product name as a design right, the screen design as a utility model right, and the button layout as a trademark right, mixing up all three. Correctly, a name maps to the trademark right, the visual design maps to the design right, and structural ingenuity maps to the utility model right.
Incorrectイ
The error is that it treats the product name as a design right and the screen design as a trademark right. Correctly, a name is a trademark right and the screen appearance is a design right; the two are swapped (only button layout = utility model right is correct).
- ウ
正解 For each object of protection, match it with the industrial property right that protects it and the correct combination is determined. The product name is the name that distinguishes the car navigation product from those of other companies, so it is the object of the trademark right, which protects names and marks. The screen design is the appearance and aesthetics of the article, so it is the object of the design right, which protects the design (outward appearance) of an article. The controller button layout is a device (idea) about the shape, structure, and arrangement of the button as an article, so it is the object of the utility model right, which protects ideas about the structure and shape of an article. Therefore product name = trademark right, screen design = design right, button layout = utility model right, and choice ウ is correct.
Incorrectエ
Although product name = trademark right is correct, it treats the screen design as a utility model right and the button layout as a design right, so these two are swapped. The visual design is a design right, and ingenuity in structure and arrangement is a utility model right.
ここがポイント
- Division of roles among industrial property rights: trademark right = names and marks (identifying goods and services); design right = the design of an article (appearance and aesthetics); utility model right = a device (idea) concerning the shape, structure, or arrangement of an article.
- Remember the mapping name to trademark, appearance to design, structural ingenuity to utility model, and you can quickly identify questions that combine objects of protection with rights.
用語