IPA IP 2022 Question 1

Topic: Legal Affairs

A question IPA Japan published in 令和4年度 ITパスポート試験 公開問題 問1, translated into English. ITPEC is based on the same exams.

Among the descriptions A through C concerning copyrights and patent rights, which of the following lists all and only the appropriate descriptions?

AWhen two similar things happen to be created by chance, the patent rights that come with the inventions are granted to both, but the copyright is granted to only one of the authors.BIn the case of software, both the patent right and the copyright are granted for the source program list.CAcquiring a patent right requires an application and registration, but a copyright requires no application or registration.

Explanation

Only C — a patent right arises from application and registration, while a copyright arises automatically when the work is created.

Copyright follows the principle of no formalities: it arises the moment a work is created, with no application or registration. A patent right exists only after an application is examined and the patent is registered. The two rights also protect different things and treat coincidences differently.

  • •A: reversed. A patent goes to one applicant only, the first to file, so two people who invent the same thing independently cannot both hold it. Copyright protects each work created independently, so both authors of similar works hold a copyright.
  • •B: a program's source listing is an expression, protected by copyright. A patent protects the technical idea (the invention) a program realises, not the listing itself.
  • •C: correct, as above.

Answer (d)

Why not others:

  • •(a) — takes A and B, both wrong, and leaves out C
  • •(b) — B alone: the source listing is protected by copyright only, and C is left out
  • •(c) — adds B: a patent covers the idea behind the program, not its listing

Key rule: Copyright protects expression, arises automatically and allows independent creations side by side; a patent protects a technical idea, needs application and registration, and goes to the first to file.

Legal Affairs · AI-written, may contain errors

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This question comes from the past questions IPA Japan publishes, translated into English by ITPEC Practice. ITPEC Practice is an independent study tool and is not affiliated with IPA or ITPEC. See the original paper (PDF) or Report an issue.