Industrial Design
<Design protection in Japan>
Q1:What is a “Registrable Design” in Japan?
A1: A “Design” is any shape, pattern,
or color or any combination thereof in an article which produces an aesthetic
impression on the sense of sight. An “Article” is limited
to a tangible object and movable property under the Design Law, and therefore
real estate such as a house, or a motif per se is not registrable. A
part of an article, which produces an aesthetic impression on the sense
of sight, may also be registered.
Q2: Can I obtain both a trademark registration and a design
registration for the same subject?
A2: Yes, if the subject satisfies the requirements
for registration under both the Trademark Law and the Design Law. Because
novelty is required for design registration, a design application should
be filed earlier than a trademark application.
Q3: What is a “Partial Design”?
A3: A part of the article such as a grip for a ballpoint
pen, picture or illustration on a T-shirt, or a lens for a camera can
be registered as a partial design. However, an unspecified part of a
bottle or the silhouette of a vehicle cannot be registered as a partial
design.
Q4: What is the “Related Designs System”?
A4: A Related Design is a design similar to another
design. If there are two or more designs that are similar to each other,
they can be registered as related designs. To obtain registration as
Related Designs, all the designs need to be filed on and after the filing
date of the principal design and at least one day prior to the publication
date of the principal design. If a design is registered as Related Design,
it can be enforced independently of the other designs that are registered
as related to it.
Q5:What is a “Set of Articles”?
A5: Designs for such combinations as modular kitchen
systems, stationery sets and personal computer systems are registrable
as a Set of Article regardless of the individual registrability of the
design of each of the articles making up the set.
Q6:How do I obtain design protection?
A6: A Design is protected only after it is registered
at the Patent Office. Therefore, you must file an application for a design
registration at the Patent Office. Application request must identify
the article, together with a depiction of the design in the drawings
or the photographs. Japan has a substantive examination system for design
registration. Therefore, if a design application does not satisfy the
requirements for registrability (for example, lacks novelty or does not
satisfy the first-to-file rule) the application will not be registered.
Q7: Is it necessary to file a Request for Examination for a
design application?
A7: No. Any design application that complies with
the formality requirements is examined automatically.
Q8: How long does it take to obtain a design registration?
A8: Currently, design applications
are being granted 7-12 months after filing.
<Design Right>
Q1: What is the duration of the design
right?
A1: The design right is valid for
20 years from the date of registration, provided that annuities are paid
each year to keep the registration in force. No extension of the protection
period is allowed.
Q2: What is the scope of the Design Right?
A2: The Design Right protects not
only the registered design but can be expanded to similar designs that
were put on the market after the registered design.
Q3: Are there any advantages in obtaining
a Partial Design Registration?
A3: If a design has been registered
as a partial design, a product that includes the partial design would
infringe the partial design right. For example, if a lens for camera
is registered as a partial design, the manufacture or sale of any camera
including a lens that is identical or similar to the registered partial
design will constitute infringement regardless of the shape of the rest
of the camera.
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