Kaneda Copyright Agency {top}
Copyright FAQ {top}
{FAQ} What is “industrial property (right)”?
Although
other types of intellectual property also exist, intellectual property, in
general, has been divided into two branches: one is “industrial” property,
which includes among others inventions (patents), trademarks and industrial
designs; the other is “copyright,” which protects literary and artistic works*[1].
A
patent is an exclusive right granted for an invention, which is a product or a
process that provides a new way of doing something, or offers a new technical
solution to a particular problem. Protection of inventions under patent law
does not require that the invention be represented in a physical form.
On
the other hand, copyright law protects only the form (embodiment) of expression
of ideas, not the ideas themselves. Copyright law protects the author of literary
and artistic works against those who copy or otherwise take and use the form in
which the original work has been expressed by the author. Legal protection under
copyright law prevents only unauthorized use of the expressions of ideas.
Protection
under patent law gives an inventor a monopoly right in the exploitation of an
invention for certain duration, and so the invention is supposed to be made officially
known to the public; the protected invention must be disclosed in an official
register, open to the public. In contrast, under copyright law, official registration
of works is, in principle, not a condition for protection.
*[1]
Literary and artistic works include books, music, works of fine arts such as
paintings and sculptures, and technology-based works such as computer programs
and electronic databases.