“Your Key to Success for Obtaining a Design Right in Japan” was published by JPO in January this year.
https://www.jpo.go.jp/resources/report/sonota-info/document/panhu/design_right_injapan.pdf
The points where foreign users are most likely to make mistakes in the Japanese design application process are explained with examples. Please refer to this guide if you are considering filing a design application in Japan.
New Types of Designs to be Protected under the Revised Design Law in April 2020
With the enactment of the revised law in April 2020, graphic image designs, building designs and interior designs can now be protected in Japan. As discussed below for graphic image designs, prior to the amendment, only designs that met certain requirements were protected.
This article provides examples of graphic image designs, building designs and interior designs that have been registered.
・Graphic Image Designs
One difference from the protection of image designs in the U.S., Europe, China, and Korea is that “images not recorded on an article” were not protected in Japan prior to the revision of the law.
Under the 2020 amendment, protection is granted to the image (GUI) itself, whether or not it is recorded or displayed on the article. Icons and images projected on articles other than articles (e.g., images projected on walls) are now also protected.
・Building Designs
Building designs have been able to be protected in the U.S., Europe, and China, but under Japan’s design law prior to the amendment, building designs were not protected on the grounds that they were real estate and therefore not the shape of an article. After the amendment of the Law of 2020, buildings are also subject to the protection of design rights.
・Interior Designs
Interior designs have been able to be protected in the U.S. and China, but under Japan’s design law before the amendment, they were not able to be protected in the same way as building designs. Interior designs are also eligible for protection after the 2020 Law amendment.
Takaoka IP is dedicated to helping you navigate the intricacies of the Japanese patent, design and trademark system. Our recommendations are strictly aligned with the latest Japanese laws, regulations and standards, and we can help you to develop customized strategies that meet your unique needs for the most effective rights acquisition.
