Design Industry Hints

To all audio equipment manufacturers

(1) Introduction

The domestic AV equipment industry as a whole was performing steadily until 2007, but the market has been shrinking since the financial crisis of 2008. Starting with the spread of inexpensive DAPs (digital audio players), the market was taken over by multi-function smartphones that can play music, and the domestic shipment value has been sluggish due to the impact of moving production bases overseas and price competition with Asian companies.

The value of overseas imports of amplifiers, speakers, and microphones has remained stable even after the financial crisis, suggesting that although domestic demand is high, domestic companies do not have an advantageous market share over foreign companies.

[Reference: ENGINEER PIT/Industry Trends Report > Home Appliances and AV Equipment Industry]

However, even under such circumstances, the market for "high-resolution audio" equipment has been expanding rapidly in recent years, with sales in the first half of 2015 increasing 1.4 times compared to the same period last year and 3.8 times compared to the same period two years ago, driving the market. Compatible players, smartphones, and content continue to expand, and demand for high resolution audio is expected to continue to grow in the future.

Furthermore, the live music market is booming and growing every year, so it's not all bad news.

In order to win the competition with foreign and domestic companies in the mature domestic market,Unique functions/original "design"It is very effective to create a unique product and differentiate yourself from other companies.

The most common design application in Japan is for "electronic information input/output devices" (design classification H7). In this section, we will focus in particular on "acoustic information input/output devices" which fall under design classification H7-200.

So-called audio equipment is classified under the design classification code H7-200 and below, and for example, the following items can be registered.

  • H7-211: Radio receiver
  • H7-220: Microphones, etc.
  • H7-2322: Speaker box
  • H7-23291: Speaker
  • H7-233: Headphones, etc.
  • H7-2392: Storage cases for headphones, earphones, etc.
    *Musical instruments such as guitars are classified as Design Classification Code E or lower.

”HARAKENZO more " We have created this page in order to support the intellectual property activities of Japan's audio equipment manufacturers. We hope that this article will be of help to those who are considering filing a design application.

(2) Audio equipment designs

The main purpose of audio equipment is to enjoy the sound, but good design can attract customers, making it easier for them to notice and pick it up.

Unlike in the past, the technological gap between companies is narrowing and the barriers to entry into the industry are falling. In this situation, in order to gain an advantage over the competition, it is extremely effective to create unique functions/original "designs" and differentiate yourself from other companies.

Design can create a sense of luxury and coolness, or it can emphasize toughness; design is an important element that can change the mood and satisfaction of the user.

However, because a design is a visible "external feature," unlike something like a patent, which is difficult to imitate at first glance, there is a good chance that a design will be easily copied at a glance, and this is also a weak point of design.

Protect such designs to prevent others from copying them.Exclusive right to useBut"Design right".

Below are some examples of designs obtained by audio equipment manufacturers.

★Headphones

[Design right holder] SENNHEISER ELECTRONIC GMBH & CO. KG
(Design Registration No. 1567289 (International Registration No. DM/090028))

★Speaker box

[Design right holder] Onkyo Corporation
(Design registration number 1276049)

★Speakers

[Design right holder] Bang & Olufsen AS
(Design registration number 1504692)

★Radio receiver

[Design right holder] Max Co., Ltd.
(Design registration number 1511980)

★Car speakers

[Design right holder] Victor Company of Japan, Ltd.
(Design registration number 1268989)

(3) Rights can be protected not only for the entire device, but also for "parts" of it.

Design rights are protected for the entire product. However, if a third party uses a design that imitates only a specific characteristic part of an audio device, but does not resemble the entire device, the design right will not be in effect against the third party.

In order to avoid such a situation, in addition to registering the design of the entire audio device, it is possible to register only a part of the design as a "partial design." In other words, it is possible to obtain a design right for only a part of a device that has a distinctive feature.

In addition, partial designs make it possible to protect “various variations/series” of audio equipment that share common characteristic parts with a single application.

Below is an example of a partial design obtained by an audio equipment manufacturer.

★Earphones *The solid line portion indicates the scope of partial design rights.

 

[Design right holder] SHURE ACQUISITION HOLDINGS, INC.
(Design registration number 1291225)

★Speakers *The solid line portion represents the scope of partial design rights.

[Design right holder] Roland Corporation
(Design registration number 1291225)

*Microphone *The solid line portion represents the scope of partial design rights.

[Design right holder] Gibson Brands Incorporated
(Design registration number 1538697)

(4) An “audio equipment set” such as a stereo system can also be registered as a set of designs.

In principle, a design right is the right to protect one design for one article.

For example, if you have a design right for an "article: microphone," the right only extends to the similarity of that "microphone." (If you use a design similar to a registered design for a dissimilar article and seek design protection for the dissimilar article, you must also obtain a design registration for that article.)

However, in normal business transactions, a set of items that have an overall uniform design and are used together may be handled as one unit.

Among such products, even if they are composed of two or more items, if those components are used simultaneously and there is a unity as a whole,It is possible to register multiple designs together as a set in one application.

For example, the following items related to this section can be registered as designs for sets of articles.

  • "A set of audio equipment"
    (Components: Tuner, amplifier, speaker) *Including tuner and amplifier integrated units
  • "A set of car audio equipment"
    (Components: Car tuner, car amplifier, speaker box) *Including integrated car tuner and car amplifier
  • "A pair of speaker box sets"
    (Components: Speaker boxes (2 or more))

*However, it is an essential requirement that the components of this set have a "unified design as a whole" by having uniform colors, related shapes/impressions, and a common design/pattern across them all.

*If you are seeking a design registration for a "part" of two or more articles, you can also obtain a design registration for the set.

★One audio equipment set

[Design right holder] Victor Company of Japan, Ltd.
(Design registration number 1410522)

(5) It’s too late once counterfeit products start circulating overseas

When a certain piece of audio equipment becomes popular, counterfeit products may flow into Japan from abroad, especially from East Asia, and be sold in Japan. In addition, design and trademark applications for the product may have already been filed locally.

After facing such a situation, even if you finally try to protect your rights overseas, you will find it extremely difficult, so we strongly recommend that you simultaneously obtain design rights in Japan and file design applications in other countries. If you are considering expanding overseas, please feel free to consult with us.

Designs are handled in various ways in advanced intellectual property countries such as Europe and the United States, as well as in East Asian and Southeast Asian countries and other countries in recent years. Each country has its own know-how regarding the method of design registration, so please feel free to consult us on this point.

In addition, since Japan joined the Hague Agreement in 2015, it has become possible to use the international design registration system, which can reduce the burden in terms of both procedures and costs.
For more information about the international design registration system here.

(6)”HARAKENZO more " supports audio equipment manufacturers

In the audio equipment industry, differentiating yourself from your competitors with a unique design is strategically important, but if your intellectual property is not properly protected, pirated copies of your design can easily be circulated, forcing you to take measures to prevent this from happening at the border.

*Although not directly related to this section, many people will still remember the difficulties in implementing border control measures for intellectual property rights in the case of counterfeit Fender and Gibson guitars.

Therefore, you may find yourself in a situation where you have no choice but to be aware of intellectual property rights issues. more " is prepared to do its utmost to protect the intellectual property of audio equipment manufacturers. Please feel free to contact us for further details.

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