Design
 

Japan's design system is regulated by the Design Law.

 

Scope of protection
The Design Law defines "design" as the shape, pattern, or coloring, or the combination of these, of an article (including a part of an article), which creates an aesthetic impression through the eye. Accordingly, it must be tangible and specified by drawings attached to the application.

 

Examination of Application
Substantial examination is made as to the requirements such as (i) industrial applicability, (ii) novelty and (iii) creativity(uniqueness). Examination is commenced without a request from the applicant.

 

Partial Design System
Japanese Design Law offers protection to partial designs, of which shapes or forms are distinctly characteristic. Before introducing this system by amendment of the law in 1998, it used to be that if somebody copied only part of a design, they would escape prosecution as long as the overall design was not similar. The present system allows registration of partial designs, meaning that infringements can be prosecuted. The important matter for overseas applicants who will file an application of partial design with a claim of conventional priority, JPO allows it only in case that the basic application was an application for a partial design.

 

Rule of “One Application per Design”, But Design of a Set of Objects
One application must be filed per design. In some cases, however, several objects, which are sold and used all together, such as “a knife, a fork, and a spoon”, can be registered as a single design of a set of objects, on condition that those objects have common features in respect of shape, patterns, or idea. In substantial examination, an application of a design of a set of objects is examined as a set, not as each object. Therefore, for example, if a design of a knife in an application of a set design lacks novelty, the application can be registered as long as a set design is novel as a whole.

 

Related Design System
First-to-file rule is adopted to two applications which have identical or similar designs to each other, whether they are filed by the same person or the different. However, if the same person files two identical or similar design applications within a certain period, one of which is deemed as the original design and the other is deemed as a related design, both designs will be eligible for registration.

 

Publication and Secret designs
Publication of a design to the public is made only after registration. However, an applicant can request JPO not to publish the registered design up to 3 years from the registration, under certain restrictions on its design rights.

 

Registration and Duration
Registration of a design right is made after payment of the registration fee for the first year. Duration of a design right is 20 years from the date of registration.

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