PATENTS
Patents/utility models
Here are some examples of decisions in which image designs were found to be uncreatable. Case in which positional relationship was found to be uncreatable (Appeal No. 2023-6747) Design Registration No. 1769667 (Application No. 2021-20930) "GUI" Original Design Cited Design 1 Cited Design 2
Scope of registered design Scope of registered design: Determined based on the design described in the application and the drawings attached to the application (Article 24, Paragraph 1 of the Design Act) Similarity of design: Determined based on the aesthetic impression evoked by the consumer's visual sense (Article 24, Paragraph 2 of the Design Act) ➡ In determining similarity of designs, if the items are not identical or similar, they are considered to be dissimilar designs.
Distinctive packaging, along with the product name, exerts brand power. However, there are many cases where the protection of the package is not adequately considered, and rights cannot be exercised when counterfeit goods are discovered. In this article, we will introduce the usefulness of patenting package designs. Example of product packaging infringement case (Unfair Competition Law) Mascara Cosmetic Container Case
Introduction: With the revision of the Design Law in 3, designs consisting only of images such as GUIs and icons are now protected by the Design Law. Since then, the number of applications for image designs (Japanese Design Classification N4_Image Design) including GUIs and icons has increased rapidly, and the proportion of annual applications by classification is now second only to "wrapping paper, packaging containers, etc. (F2)".
Specific cases where design right infringement was contested Design rights, like other intellectual property rights such as patents and trademarks, are powerful rights that allow you to exclusively exercise your own design. If another company is illegally using your registered design, you can exercise your design rights and request an injunction or damages. Conversely, if another company is using another company's registered design without permission,
The relationship between industrial property rights and their duration Industrial property rights laws (Patent Law, Utility Model Law, Design Law, Trademark Law) do not only aim to protect rights, but also to promote industrial development. For example, in the case of a patent right, a person who invents a new invention is given the right to monopolize the invention for a certain period of time, in exchange for disclosing the invention to the public and
Differences between design rights and copyrights Both designs and copyrights are created by humans. What exactly are the differences between design rights and copyrights related to creative works? This article explains the legal differences between the two. First, let's briefly explain what design rights and copyrights are.
What is a design right? A design right is one type of intellectual property right. In addition to design rights, there are other intellectual property rights such as patent rights and trademark rights, but the objects protected by each are different. Patent rights protect technical ideas, while trademark rights protect product names and corporate logos. In contrast, design rights protect designs, i.e. industrial products.
Basic information about the design system For those who are applying for a design for the first time, we will provide an easy-to-understand explanation of what a design is, the benefits of obtaining a design right (difference from a patent), and the requirements necessary for registration. *This article is a continuation of "Basic Information on the Design System 1." 4. Types of design applications The Design Act includes other intellectual property rights.
Basic information on the design system For those who are new to design applications, we will explain in an easy-to-understand manner what a design is, the benefits of obtaining a design right (how it differs from a patent), and the requirements for registration. 1. What is a design? A design is the design (appearance) of the shape, pattern, color, or image of an article or building. In particular, for articles, designs include clothing, cars, desks, and umbrellas.