問17
頻出度★★★
意匠権による保護の対象として, 適切なものはどれか。
平成29年度 春期 ITパスポート試験 問17
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 17
Incorrectア
The “circuit itself” on a printed circuit board is a functional wiring pattern, not the aesthetic appearance (design) of an article, so it is not protected by design rights. The circuit layout of a semiconductor integrated circuit is protected separately by the “layout-design exploitation right (Act on the Circuit Layout of a Semiconductor Integrated Circuit).”
Incorrectイ
The “name” of a service painted on a vehicle is a sign used to distinguish goods or services from those of other companies; it falls under the trademark rights protected by the Trademark Act, not under design rights, which protect design (shape and pattern).
- ウ
正解 Design rights (the Design Act) protect the “design” — the shape, pattern, color, or their combination — of mass-producible industrial products, and registration requires that the item “can be used industrially (i.e., can be mass-produced).” The papier-mache tiger in choice ウ is a souvenir designed by a craftsperson and able to be mass-produced by artisans; it is exactly the aesthetic design of an industrially usable article, so it is an appropriate subject for protection under design rights.
Incorrectエ
The “scenery” of terraced rice fields is natural terrain and landscape, not an “article” in the sense of a mass-producible industrial product. Because design rights protect the design of articles, the scenery or landscape itself does not become a subject of protection.
ここがポイント
- Design rights (the Design Act) protect the design of mass-producible industrial products — their shape, pattern, color, and so on — and registration requires the “design of an industrially usable (mass-producible) article.”
- Distinguishing among intellectual property rights: signs such as names and logos fall under trademark rights, works such as novels and music under copyright, and semiconductor circuit layouts under layout-design exploitation rights — being able to tell these apart from design rights (design) is the point tested here.
用語