問9
頻出度★★★
不適切な行為 a～c のうち, 不正競争防止法で規制されているものだけを全て挙げたものはどれか。 a キャンペーンの応募者の個人情報を, 応募者に無断で他の目的のために利用する行為 b 他人の ID とパスワードを不正に入手し, それらを使用してインターネット経由でコンピュータにアクセスする行為 c 不正な利益を得ようとして, 他社の商品名や社名に類似したドメイン名を使用する行為
令和3年度 ITパスポート試験 問9
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 9
Incorrectア
This lists only a, but a is the act of using an applicant's personal information for another purpose without consent, which is regulated by the Act on the Protection of Personal Information, not the Unfair Competition Prevention Act. It omits the act that actually falls under the Unfair Competition Prevention Act, so it is wrong.
Incorrectイ
This lists a and c. Although c is correctly covered by the Unfair Competition Prevention Act, a belongs to the domain of the Act on the Protection of Personal Information, not the Unfair Competition Prevention Act. Because it includes a, which does not qualify, it fails the condition of listing “only” the applicable acts, so it is wrong.
Incorrectウ
This lists only b, but b is the act of illegally obtaining another person's ID and password to gain unauthorized access, which is regulated by the Act on Prohibition of Unauthorized Computer Access, not the Unfair Competition Prevention Act. Therefore it is wrong.
- エ
正解 The Unfair Competition Prevention Act regulates the act of free-riding on well-known or famous indications such as another company's product name or company name, in order to protect a fair competitive order. Act c, “using a domain name similar to another company's product name or company name in order to gain an unfair profit”, is exactly the wrongful acquisition and use of a domain name (cybersquatting) that this act covers, so it is subject to regulation. Since c is the only act covered by the Unfair Competition Prevention Act, choice “エ” that lists “c” is correct.
ここがポイント
- The Unfair Competition Prevention Act regulates acts such as free-riding on another company's well-known or famous indications, and using a similar domain name for the purpose of gaining an unfair profit (cybersquatting).
- Distinguish which law governs each confusing act: using personal information for a purpose other than intended without consent is handled by the Act on the Protection of Personal Information, while unauthorized access using another person's ID and password is handled by the Act on Prohibition of Unauthorized Computer Access.
用語