知的所有權 序說

An introduction to intellectual property

This paper consists of 8 chapters. Ⅰ. Prologue The term of intellectual property is very broad as defined in the convention establishing WIPO (article 2 viii). But the three legal areas, patents, trademarks and copyright, are the major areas. This paper differentiates these rights, explains the difference between real property and intellectual property, and gives a brief explanation about the present situation of intellectual property. Ⅱ. Patents A patentee has a monopoly on the invention during the life of the patent. A patent owner may sue anyone who, even if that person had invented it himself, has been using a part or all of the basis of the patent without authorization. The Act gives such power right (which is more than natural right) to the patentee, because the Act is designed to improve and develop technology through disclosure of invention and to reward the ingenuity. Ⅲ. Trademarks The owner of a trademark right has a monopoly on using the registered trademark with respect to the designated goods. It’s also a monopoly but the owner of a trademark has a monopoly of the word or symbol itself only in a limited sense. The Act protects the functions of trademark rather than the characters, figures of signs itself. Ⅳ. Copyright Copyright is an exclusive right. An author can claim copyright in a work as long as he created it himself even if others had created it before him. In the Roman law system, a copyright consists of two kinds of rights. One is a moral right, and the other is a property right. In the Angle-Sexon system, only the property right is given. In the Anglo-Saxon system, it is simply the right in prevent the copying of the physical material without permission. Ⅴ. The difference between industrial property and copyright. Ⅵ. Real property and intellectual property (1) The difference between real property and intellectual property. (2) The conflict between real property and intellectual property. Ⅶ. The present situation of intellectual property (1) Conflict between developed countries and developing countries. (2) New problems in the age of technology and information. Ⅷ. Epilogue