1-2
Legal affairs
1-2-1 Intellectual property rights
Reference
Business model patent
A “business model patent” refers to a
patent for a model or method of business. Advancements in IT in particular
have led to the adaption of IT into business methods, enabling corporations to
substantiate what they do as a business
and where they make profit. A new business method is first recognized when it
is submitted for a patent application and
is successfully approved. The Japan
Patent Office calls these patents “business method patents.”
“Intellectual property rights” are rights that are afforded to protect creations that arise from the intellectual and creative activities of persons.
Intellectual property rights can be organized into the categories summarized below.
Copyright
Rights to protect the creative
expressions of authors
Intellectual
property
rights
Copyright and
property rights
・Scope of protection:
Programs, databases, websites, design content collection,
cinematic work, etc.
・Term of protection:
50 years from author’s death (50 years from publication
by a corporation, 70 years from release of cinematic work)
・Registration of rights:
Not required
Industrial property rights
Rights to protect the use and
ownership of industrial products
࣬Scope of protection:
Ideas, inventions, designs,
marks, and product names,
etc.
࣬Term of protection:
10 to 20 years
࣬Registration of rights:
Required
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Moral rights
Patent rights
Utility model rights
Design rights
Trademark rights
Copyright
A “copyright” is a right that protects the creative expressions of authors.
Copyrights were originally established to protect the rights of authors who
created works such as paintings and stories. Following the widespread use
of computers, the scope of copyrights was expanded to include programs
and data. Copyrights are distinct from intellectual property rights in that
copyrights protect the creative expressions of authors, while industrial
property rights protect ideas. In addition, a copyright becomes effective
immediately upon creation of any work. An application or registration is
unnecessary to obtain the rights.
Copyrights are broadly categorized into “moral rights” and “copyright
and property rights.”
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