問1
頻出度★★★
著作権及び特許権に関する記述a～cのうち,適切なものだけを全て挙げたものはどれか。 a 偶然二つの同じようなものが生み出された場合,発明に伴う特許権は両方に認められるが,著作権は一方の著作者にだけ認められる。 b ソフトウェアの場合,特許権も著作権もソースプログラムリストに対して認められる。 c 特許権の取得には出願と登録が必要だが,著作権は出願や登録の必要はない。
令和4年度 ITパスポート試験 問1
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 1
Incorrectア
This option is a and b, but both a and b are wrong. In a, the treatment of patent rights and copyrights is reversed: because patents follow the first-to-file principle, even if the same invention happens to be created independently, only the party that filed first is granted the right, so saying it is granted to both is wrong; conversely, a copyright, when independently created, arises separately for each party, so saying it is granted to only one is also wrong. As explained below, b is wrong too, so both a and b are inappropriate.
Incorrectイ
This option is only b, but b is wrong. For software, a copyright does arise for the source program listing (the expression of the program), but a patent right is granted for an invention (the creation of a technical idea) and is not granted to the source program listing itself. Treating patent rights and copyrights the same way and claiming both apply to the source listing is the error.
Incorrectウ
This option is b and c; although c is correct, b is wrong as explained above. Because it includes b, it fails to be an option that lists all and only the appropriate statements, so it is inappropriate. Only c is correct.
- エ
正解 The only appropriate statement is c, so the correct answer is option エ, which lists c. Statement c says that acquiring a patent right requires filing an application and registration, but a copyright requires neither application nor registration, and this is correct. A patent right comes into existence only after an application is filed with the patent office and, following examination, the registration is established (the formality principle). A copyright, by contrast, arises automatically at the moment the work is created and needs no procedures at all — no application, no registration, and no copyright notice (the no-formality principle). This difference between patent rights and copyrights in the requirements for a right to arise is the key point of c; since the others, a and b, are wrong, only c is correct, so エ is chosen.
ここがポイント
- The difference in the requirements for a right to arise: a patent right comes into being through filing and established registration (the formality principle), while a copyright arises automatically at the moment of creation (the no-formality principle).
- Under the first-to-file principle, the same invention belongs only to the earlier filer, whereas a copyright arises separately for each independent creator. Also, there is a difference in what is protected: patents protect the invention (a technical idea), while copyrights protect the expression, such as the program.
用語