Kaneda Copyright Agency {top}

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Copyright FAQ {top}

{FAQ} What is “intellectual property right”?

According to the Intellectual Property Basic Act, the term "intellectual property right" means a patent right, a utility model right, a plant breeder's right, a design right, a copyright, a trademark right, and so on. That is, Intellectual property rights are rights given to a person who has created something through intellectually creative activities. Copyright is one of these.
Intellectual property rights guarantee that the created work is not to be exploited by others without authorization (permission) from rights holders. “Intangible property right” and “intellectual ownership right” are sometimes used to refer to the same rights as intellectual property rights.
Generally, to be legally secured, industrial property rights such as a patent right and a trademark right require application and registration. On the other hand, copyrights do not require such steps and are granted automatically to the author once the work has been created, which is often called the “non-formality rule.”

(ref.) Art. 2(2) of Intellectual Property Basic Act
The term "intellectual property right" as used in this Act means a patent right, a utility model right, a plant breeder's right, a design right, a copyright, a trademark right, a right that is stipulated by laws and regulations on other intellectual property or right pertaining to an interest that is protected by laws.

(ref.) Art.2(ⅷ) of Convention Establishing WIPO
“Intellectual property” shall include the rights relating to:
- literary, artistic and scientific works,
- performances of performing artists, phonograms, and broadcasts,
- inventions in all fields of human endeavor,
- scientific discoveries,
- industrial designs,
- trademarks, service marks, and commercial names and designations,
- protection against unfair competition,
and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.