１． What is a Design?
Designs are based on outward appearance. Such as shape, pattern, and color of an object. For example, clothing, automobiles, desks, umbrellas, ballpoint pens, cellular telephones and the like, nails, fry pans, batteries, thread, as far as cakes. Each one of those goods are protected under the coverage of the design law.
■These type of goods are protected under the Design Law
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- Food (cakes, candies, block curry mix, sushi, etc.)
- Office supplies (erasures, thumbtacks, blackboards, etc.)
- Printed Materials (books, flyers, tickets, etc.)
- Vehicles (airplanes, fishing boats, tractors, etc.)
- Parts for Construction (pillars, sliding doors, curtain rails, roof-corner tiles, etc.)
- Basic goods (thread, chain, nails, vinyl tape, etc.)
- Sectional furniture, outdoor goods (bathroom, balcony, door, gateways, phone box, mail box, etc.)
■These type of goods are NOT protected under the Design Law
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- Property ※Except for sectional furniture and doors
- Intangible items (fireworks, etc.)
- Non-solid items (electricity, light, liquid, gas, etc.)
- Not visible to the naked eye, i.e. powder or granules
- Motifs removed from items (logos, fonts, etc.)
- Inside structure not visible from the outside
- Composed works such as drawings or engraving classified as pure art
Also, not only for the entire item itself, but a design can also be a part of something, such as the handle of a coffee cup.
Moreover, not only for finished goods (such as a car), but if the parts of the car (pedals, etc.) can also be separate articles then it is possible to file a design application for them too.
2. The value of design rights
As a design right holder, it is possible to exclusively enforce the design registration and similar designs.
Namely, in the case where another person applies for a similar design, it is possible to request cancellation of said design or even sue for damages. The rights are not only for the scope of the design, but are also valid for similar designs. Also, it is possible to request a suspension with regard to the importation of counterfeit goods.
Please note that design rights last 20 years from the date of right establishment (applications filed before March 31, 2007 last 15 years). In the case of related designs, those rights last 20 years from the date of right establishment of the principal design.
3. General Requirements
A design application must fulfill the following conditions in order to be registered.
(1) A new design that has not previously existed (novelty)
Before application, it is necessary to know the existence of the exact same and similar designs.
■Example designs with no novelty
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- A design published by you or another person at an exhibition, in a pamphlet or on the Internet, etc.
- A design already sold by you or another person
- A design similar to the designs above
※However, even if a design has no novelty, it may still be possible to register it if it fulfills the requirements to claim lack of novelty.
(2) A Design that was not easily created (high level of creativity)
Even if a design is new, if it is ruled that a design was too easily created it cannot be registered.
(3) Does not have any similarities either in part or whole with a previous design application
Designs that resemble previously applied and registered designs either in part or whole and new designs that entail no innovation shall not be granted registration.
※However, there are exceptions for the same person (applicant)
(4) Not a Design that cannot be registered
A design that is a threat to public order and morality, ②A design that risks being mistaken for a product of a different company, ③A design that is derived only from the indispensable shape formed to secure an article, from the viewpoint of the common good the design registration will not be accepted.
(5) Several designs are not shown in one application (one design = one application)
Each design application can only contain one design.
※However, even if there are several articles and the necessary fixed requirements are met, it may be possible to file a design application for a set of articles.
(6) Applied earlier than someone else (first-to-file)
In the case where there are two or more of the same or similar applications, the design applicant who applied earlier shall receive the registration.
※However, if the same person uses the system for related designs, it may be possible to obtain registration despite the subsequent filing.
OSAKA
