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1. If you sell parody goods that imitate famous products, etc.
Although parodies cannot be said to be unrelated to cultural development, there is still the possibility of intellectual property infringement.
When selling parody goods, there is a risk of trademark or copyright infringement, for example.
(1) If the logo or name of the parody source is registered as a trademark, it may be a trademark infringement. If the trademarks, designated goods, and designated services are not found to be similar, it will not be considered an infringement, but professional judgment will be required.
(2) From the perspective of copyright law, even if the work is simply imitated and no original creation is recognized, or if the characteristics of the original work remain even if the changes have been made. may constitute copyright infringement.
2. If you purchase and use a product for work without realizing that it is a pirated product.
A pirated copy is a product that has been copied without the consent of the copyright holder.
In principle, purchasing a copyrighted work and using the product in a normal manner does not constitute copyright infringement. However, please note that copyrighted works of programs are subject to special handling.
In other words, if you know at the time you purchase an infringing product that it is a pirated copy, the act of using the copyrighted work of that program will be considered copyright infringement. Therefore, if you did not know about it at the time of purchase, even if you find out later, as long as you continue to use it yourself, it is not an infringement.
3. If an app that imitates a commercially available game system or has a similar title is provided free of charge with advertisements.
Since the game system is likely to be a copyrighted work of the program, please be careful of the following points.
① “Imitate the system”:
Even if the content is the same as the original game system, even if the content is different but the original game system is slightly modified, it can be considered copyright infringement.
② “Make titles similar”:
Normally, a title is not protected as a copyrighted work, but since the Copyright Act prohibits any alteration of the "title" against one's will, it is considered a violation of the right to preserve integrity and constitutes copyright infringement.
③ “Free offering with advertisements”:
Since the app is provided over the Internet, it is likely that an unspecified number of people can access it. In this case, it would be a violation of public transmission rights.
4. If you are told that it is a trademark infringement!
For example, the following cases are considered to infringe on the trademark rights of others: If it is determined that there is a trademark infringement, an injunction will be filed, and the company will be unable to sell products or provide services, will be forced to dispose of its inventory, and will be required to pay compensation for damages. This can be a big problem.
Case: When the designated product is a "bag" and the registered trademark "HARAKENZO" exists, a "bag" bearing the mark "HARAKENZO" was manufactured and sold.
Trademark rights, once acquired, do not give you exclusive rights to use them for all products and services. The effectiveness of trademark rights is determined by the designated goods and services.
For example, if the word trademark "HARAKENZO" is registered as a trademark with "bag" as a designated product, the act of manufacturing a "bag" with the mark "HARAKENZO" on it is considered an act of attaching a trademark to a product. This constitutes trademark infringement.
On the other hand, there are cases where cups and plates that are completely unrelated (not similar) to ``bags'' are manufactured and sold with the mark ``HARAKENZO'' on them, and those cups and plates are used in coffee shops. However, unless "HARAKENZO" has registered the above trademark, it will not constitute trademark infringement.
In other words, when registering a trademark right, it is necessary to specify in advance the goods or services for which the trademark will be used, and a registered trademark or a trademark similar to this must be used regardless of the specified goods or services. Doing so is not trademark infringement.
However, if the trademark is well-known as an indication of a specific person's (or organization's) product or business, it may violate the Unfair Competition Prevention Act, so please be careful.