table of contents
To everyone in the automobile industry
(1) Introduction
There is no need to reiterate that the automobile industry has a wide base, and I am sure that you are fully aware of our pride in supporting Japan's national strength without waiting for various statistical figures.
In the world of design, there is no doubt that automobile design is the star of product design.
On the other hand, we are entering a paradigm shift in the industry that is said to occur once every 100 years, and this will naturally have a major impact on future design trends.
In order to respond to the intense competition and rapid changes in the automobile-related manufacturing industry in the future, we will need to create designs that support the required functions and develop exterior concepts that clearly differentiate us from others. It will become necessary to further improve and utilize design capabilities.
This section deals specifically with "automobiles" that belong to G2-2 from the vehicles (G2) included in Group G (transportation or material handling machines) in Japan's design classification.
For example, the following items can be registered as designs related to "automobiles."
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”HARAKENZO more " We have created this page because we would like to support the intellectual property activities of everyone in the automobile-related manufacturing industry, which supports the foundations of our country.
(2) Overall design of “automobile”
When you think of car design, the first thing that comes to mind is the overall design of the vehicle. Each finished car manufacturer has its own characteristics, and there are many consumers who feel attached to their designs. On the other hand, automotive design is also a field that is greatly affected by design restrictions imposed by standards and laws and regulations. In addition, in recent years, there has been an increasing demand for design development from a functional perspective, such as measures to recycle components and fuel efficiency.
Listed below are examples of registered designs for light vehicles, which have particularly strict standard restrictions. As the third type of eco-car, it is characterized by its large number of female users, and it can be seen that the exterior has been designed with their needs in mind while ensuring ample interior space within its limited dimensions.
[Registration number] Design registration No. 1550817[Design owner] Suzuki Motor Corporation
[Registration number] Design registration No. 1549297[Design owner] Daihatsu Motor Co., Ltd.
(3) Automobile “partial design” and “parts” design
From a branding perspective, automobile manufacturers tend to adopt a strategy of creating a unified front face design, for example. Since the front part corresponds to the front view of the entire car, if it is registered as the overall design mentioned in (2) above, it will naturally be included in the scope of the registered design rights. However, even if the vehicle has a similar front design, if someone else creates a design that makes the vehicle as a whole look dissimilar, the overall design alone may not provide sufficient protection. Therefore, a method is used in which only the shape of a distinctive part of the entire automobile is registered as a "partial design" in order to provide stronger design protection and, ultimately, brand preservation.
[Registration number] Design registration No. 1568234
[Registration number] Design registration No. 1568235In both cases, [Article to which the design relates] Passenger car [Design owner] Mazda Motor Corporation
Design Registration No. 1568235 in the diagram on the right is a [partial design], and [Design Description] The parts other than the part shown in pink in the drawing are the parts for which design registration is sought as a partial design.
Regarding the above-mentioned car design, the front grille, which also has a major impact on the front design, has been registered separately as a "part" design, which shows a high level of awareness of rights protection.
In addition, we believe that this kind of design strategy is not limited to finished cars, but also has significance in considering parts.
[Registration number] Design registration No. 1361771
[Registration number] Design registration No. 1361772In both cases, [Article to which the design relates] Exhaust pipe of an internal combustion engine [Design owner] Mitsubishi Motors Corporation and others
[Description of the article related to the design] This article is an exhaust pipe that is equipped with a supply passage that supplies additives to the exhaust passage that connects the internal combustion engine and exhaust system parts such as the catalytic converter and the muffler. *Similar to the above, the figure on the right is [partial design]
As the above example shows, the importance of registering designs for parts is not limited to so-called exterior products. One of the conditions for a design to be protected is that it be visible, so parts that do not appear on the exterior of a completed vehicle are not eligible for protection. However, even those who work behind the scenes to support the structure and functions of a car are distributed in the market as goods (parts) before being incorporated into a finished car, and there is also a need for repair and replacement parts. I will. Particularly in recent years, there has been an increase in the number of counterfeit parts being manufactured in China, Southeast Asia, etc., and entering Japan. Therefore, when developing parts with new shapes and putting them on the market, it is important to consider factors such as cost effectiveness. We believe that there is ample room to consider protection through design rights, taking into account the In addition, as the effects of the paradigm shift continue to increase the standardization and modularization of parts, I believe that the value of multi-layered protection of the design of "parts" will increase.
(4) “Image design” of automobiles
Car navigation systems have become firmly established as standard equipment, and in-vehicle LCD displays are also increasing their presence in terms of functionality and design. Furthermore, as cars become connected cars, which are IoT information terminals, they come equipped with an integrated communication information system called car telematics, and GUI (graphical interface) plays an important role in determining interior aesthetics and operability. It has become an area. According to the design examination standards revised on April 28, 4, so-called version upgrades and installed images can now be protected if other conditions are met. In response to the major revision of the Design Act in 1, the scope of protection for image designs has been further expanded since April 2, 4, and the image itself, separate from the article, is now protected. . This makes it possible to register designs for display images, etc. (HUD) projected onto windshields. There is no doubt that the importance of image design will increase in the automotive industry as well.
[Registration number] Design registration No. 1576603[Article to the design] Vehicle information display device
[Registration number] Design registration No. 1516341[Article to the Design] In-vehicle equipment controller with in-vehicle display
[Design right holder] Panasonic IP Management Co., Ltd. and others [Design right holder] Denso Corporation
Both [partial design]
*Design Registration No. 1576603 is classified as small data display H7-7, which belongs to electronic information input/output equipment (H6243).
(5) Intellectual property mix with patents and trademarks
For companies that place importance on intellectual property strategies, it has become a regular practice to consider crossing over different protection jurisdictions, such as "patents" and "designs" for technological superiority, and "trademarks" and "designs" for branding. . Although we will refrain from going into detail in this section, for example, regarding the design application for the exhaust pipe of an internal combustion engine mentioned in (3) above, the company has also filed numerous patent applications for exhaust purification devices at the same time, and there are various patent applications in each jurisdiction. It can be seen that they understand the target of protection and implement the best mix that complements each other.
By considering the best mix for each specific case with an intellectual property expert, I would like to encourage you to effectively protect and utilize intellectual property, which can be the basis of your company's growth.
(6) Judgment and timing of applications in the era of global expansion
In the automobile-related manufacturing industry, which is a core industry that accounts for more than 20% of Japan's exports and involves development, manufacturing, and sales at locations around the world, global expansion is becoming very common, regardless of whether it involves finished cars or parts. . This means that it is necessary to carefully consider whether to file an application for what kind of design in which country and at what timing. It should be noted that each country's design system has not progressed in international harmonization compared to patents and trademarks, so the system and operation are quite different from the design system in Japan, regardless of whether it is a developed or developing country. You should. Due to the wide variety of destinations, it is necessary to thoroughly consider the timing of design announcements, determining the order of applications, and whether to utilize various systems in each country. For example, there are countries where the "secret design" system that is recognized in Japan does not exist, and there are also countries where designs are made public shortly after filing without substantive examination being conducted in the first place. Furthermore, in Europe, protection is not granted for the exhaust pipes of internal combustion engines, as mentioned in (3) above, as they are not visible to the user during normal use. An ad hoc response may not be able to obtain the necessary rights or result in insufficient results, so it is necessary to thoroughly consider the matter, including the opinions of experts who are familiar with foreign design systems. think.
(7) Others (set designs, related designs, secret designs)
Kumimono design
In Japan's design law, the principle is protection by filing a "one product, one design" application. On the other hand, as an exception, it is stipulated that a set of articles that are used simultaneously can be protected in one application as a "design for a set." For example, if the entire set is unified, such as an automobile seat cover set or an automobile pedal set, it is possible to file an application as a single design.
Related designs
[Registration number] Design registration No. 1324978 [Principal design]
[Registration number] Design registration No. 1325367 [Related design]Both [Articles related to the design] A set of car seat covers [Design owner] Honda Access Co., Ltd.
The above two registered designs are in the relationship of "main design" and "related design" owned by the same right holder. Rights to registered designs extend not only to the same design but also to similar areas, but by effectively utilizing the related design system, it is possible to build an even wider network of rights.
Due to the revision of the Design Act in 10, applications for related designs are now permitted within XNUMX years from the filing date of the basic design. In addition, it is now possible to apply for related designs in a chain for designs that are similar only to related designs. As a result, it is now possible to continue filing related design applications even after the basic model or improved model has been published. *However, there is no such system of related designs overseas, so it is necessary to carefully choose whether or not to designate it as a related design.
secret design
The list below lists the 29 most recently registered designs of Toyota Motor Corporation (including joint applications), with the latest design gazette dated December 12, 1.
As you can see, in 10 out of 4 cases, neither the design drawings nor the product name have been made public.
This indicates that the "secret design" system mentioned in (6) above is being utilized.
Under the secret design system, it is possible to adjust the release date of a design within three years from the date of establishment and registration, making it possible to harmonize intellectual property strategy and market strategy.
(XNUMX)”HARAKENZO more " supports everyone in the automobile-related manufacturing industry.
As the automobile-related manufacturing industry enters a period of transformation that is said to occur once every 100 years, we are confident that by incorporating new ideas and initiatives, it will be reborn as a core industry with even greater potential. . Furthermore, by sublimating and horizontally deploying the technology we have cultivated to date, we can consider expanding our business into new areas.”HARAKENZO more " As a large-scale, international, comprehensive intellectual property firm, we have not only accumulated experience in intellectual property operations around the world, but also have knowledge and perspectives in a wide range of industrial fields. As a business strategy advisor in the intellectual property field, I would like to do my best to utilize these skills to support the new breakthroughs of everyone in the automobile-related manufacturing industry. Please feel free to contact us.