Episode 4

As explained in [Characteristics of our Firm], intellectual property rights are protected by various laws.
Among these, copyright is such that “the enjoyment and exercise of the right does not require any form of performance” (Article 5, Paragraph 2 of the Berne Convention). Japan is a member of the Berne Union, and “if there is a separate provision in a treaty regarding the rights of authors and rights adjacent thereto, the provisions shall apply” (Article 5 of the Copyright Act). Copyrights are granted at the time a copyrighted work is created, without the need for any examination or registration procedures (non-formal principle). In other words, copyright is automatically granted at the time of creation, and the author can exercise the right. This does not apply even if someone else creates a similar work. However, in order to exercise copyright, you must prove that you are the author (Article 2, Paragraph 1, Items 1 and 2 of the Copyright Act).
In the United States, the “formalism” system, which required registration with a government agency in order to obtain a copyright, had been maintained until recent years, but it was finally concluded in 1989 with the Berne Convention that led to a shift to a “formalism system”. Did. Furthermore, Japan concluded the Berne Convention in 1899.
On the other hand, for industrial property rights (patents, utility models, designs, trademarks), registration at the Patent Office is a requirement for the rights to be granted (Article 66, Paragraph 1 of the Patent Law, Article 14, Paragraph 1 of the Utility Model Law, (Article 20, Paragraph 1, Trademark Law, Article 18, Paragraph 1). For this reason, even if you create an idea, if someone else files an application with similar content and obtains the rights, you will not be able to implement your idea (first-to-file system). In that sense, industrial property rights are first come, first served. To exercise industrial property rights, you can prove that you are the right holder by registering at the Patent Office.
In the United States, the “first to invent” system, which grants patent rights to the first person to invent something, has been maintained until recent years, but in 2013, the Patent Law Amendment Act was finally enacted and the system shifted to the “first to file” system.
To obtain industrial property rights, there are application and examination fees, registration fees, and if you request an agent to file the application, you will incur those fees. Even if you file a worthless application and obtain the rights, if you do not exercise the rights, you will end up wasting your money. In this sense, it is essential to apply for industrial property rights “carefully and promptly.”