PATENTS
Patents/utility models
Current status of measures against counterfeit goods Many counterfeit goods are traded around the world, and Japanese companies are also suffering great damage. In addition, it has been pointed out that the spread of counterfeit goods in e-commerce and other areas will continue into 2021 and beyond, and we believe that the damage will become even more serious. However, it seems that a considerable number of companies are not aware of the "damage situation" or "amount of damage" caused by counterfeit goods.
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
From May 2024, 5, the database of the Trademark Office of the State Intellectual Property Office of China will no longer be freely available. To use it, you must register as a user on the China Trademark Network website. Please refer to the JETRO website for detailed instructions on how to register as a user on the China Trademark Network website. “In China
The patent application nondisclosure system started on May 2024, 5. This system is a system that takes measures such as withholding publication of the application and restricting foreign applications through a procedure called ``designation of preservation'' for patent applications for inventions that are sensitive to national security. ``Act on Promotion of Ensuring Security through Security Policy'' (Act No. 1 of 43) (
We would like to introduce the revision regarding the transfer of priority rights in European patent applications, which has been a problem until now. Clarification of practice regarding priority transfer How should cases be handled in which some of the inventors of the basic application are not listed as applicants in the PCT application? In particular, the inventor is listed as the applicant in the basic application.
As of March 6, 3, the Japan Patent Office has added new patent examination cases related to AI-related technologies to the "Patent and Utility Model Examination Handbook." In addition, on the Japan Patent Office website "About explanatory materials for cases related to AI-related technologies," ・Materials explaining 13 newly added cases in slide format ・Full text of all cases related to AI-related technologies
- Reiwa 5 (Gyoke) No. 10071 Request for rescission of trial decision (December 2023, 12) - (Plaintiff) Rainbow Shake Co., Ltd. / (Defendant) Summary of Judgment from the Japan Patent Office Regarding designs cited, Article 25 of the Design Act A case in which it was disputed whether the exception to lack of novelty in paragraph XNUMX should be applied. The plaintiff claims that the cited design does not meet the ``exception rule for loss of novelty of a design.''
Comparison of variety protection systems and points for foreign applications Japan, China, South Korea, United States Number of annual applications in Japan (2021) Approximately 776 Jurisdictional organization Ministry of Agriculture, Forestry and Fisheries Protection period 25 years after registration (30 years for trees, etc.) Application language Japanese Required application documents such as variety registration application, manual, photo, etc. *Required document characteristics table if applicable
- Reiwa 5 (Gyoke) No. 10008 Request for rescission of trial decision (June 2023, 6) - [Plaintiff] Taisei Corporation, Kengo Kuma Architects and Urban Design Office [Defendant: Owner of the design in question] Kobayashi Kawara Kogyo Co., Ltd., Hekinan Ceramics Co., Ltd., Shinnaka Judgment Summary Summary of the Judgment The design in question was maintained in the invalidation trial (invalidation 12-2021) (Design Registration No. 880006)
The standard character system is a system in which, among trademarks consisting only of characters, those in a character typeface (standard characters) predetermined by the Commissioner of the Japan Patent Office are announced and registered as the display mode of the trademark. If the following requirements are not met, an application can be filed by simply stating in the application the trademark for which the applicant wishes to register, based on the applicant's declaration of intention (Article 5 of the Trademark Law).