Industrial Designs Law in Japan
Industrial Designs Law in Japan is governed by the Design Act (Design Law), which provides a comprehensive system for the protection of industrial designs. Japan has a well-developed legal framework consistent with international standards.
Key Features of Industrial Designs Law in Japan
1. Definition
An industrial design protects the shape, pattern, color, or combination thereof of a product or part of a product that creates an aesthetic impression.
2. Eligibility
The design must be novel and original.
It must not have been publicly disclosed anywhere in the world before the filing date (absolute novelty requirement).
📄 Registration Process
Application Submission
Applications are filed with the Japan Patent Office (JPO).
Must include:
A clear drawing or photograph of the design.
A brief explanation if necessary.
Examination
JPO conducts a substantive examination to assess novelty and originality.
The design must not be similar to prior designs or known products.
Publication
Registered designs are published in the official Design Gazette.
Registration
If approved, the design is registered, and a certificate is issued.
⏳ Duration of Protection
Protection lasts for 20 years from the filing date.
⚖️ Rights Conferred
The owner has the exclusive right to use, manufacture, assign, or license the design.
The owner can prevent others from unauthorized use, manufacture, or sale of products bearing the design.
🌍 International Treaties
Japan is a member of:
The Paris Convention
The Hague Agreement for international registration of industrial designs
The TRIPS Agreement through WTO membership
The Patent Cooperation Treaty (PCT) (for patents, but design protection is harmonized)
🛡️ Enforcement
Industrial design rights are enforceable in Japanese courts.
Remedies include injunctions, damages, and destruction of infringing products.
✅ Summary
Japan’s Design Act protects novel and original designs through registration with the JPO.
Protection lasts 20 years from filing, longer than many jurisdictions.
Japan participates fully in international treaties including the Hague system.
Enforcement is effective and supported by specialized IP courts.
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