Episode 5

Continuing from Episode 4, we will explain the protection of intellectual property rights under various laws.
Software (computer program) algorithms are protected by patent law, and algorithms are represented in flowcharts. When exercising rights regarding a program invention, the invention must be compared with the subject invention according to the flowchart, and the algorithm of the subject invention must be analyzed. As a result of the analysis, even if the right holder determines that the right has been infringed, in actual court, the technical scope of a patented invention (Article 70 of the Patent Act) may be interpreted more narrowly or more broadly than the scope of the claims. These correspond to judicial precedents 1 and 2 of "Technical Scope of Patented Inventions and Their Interpretation" in [Reference Materials], respectively.
Images displayed by programs are now protected by the Design Act revised in 2019 (enforced on April 1, 2020). The comparison of the designs in the images is self-explanatory. However, when exercising design rights, even if the right holder determines that there are similarities, it does not necessarily mean that the court will determine that they are similar.
If the same intellectual property right is protected under multiple laws, even if one is unsuccessful, it may be protected under other laws.