table of contents
What is Design Law?
1. What is the Design Act?
While an attractive design can increase your competitive edge in the market, it can also be subject to imitation.
The Design Act classifies newly created designs as the property of their creator, and Article 1 states that "The purpose of the Act is to encourage the creation of designs by promoting the protection and utilization of designs, thereby contributing to the development of industry."
It is one of the four industrial property laws, the others being the Patent Law, the Utility Model Law, and the Trademark Law.
・For basic information about the design system, please refer to the link below.
Basic information on the design system > 1. What is a design?
Basic information on the design system>3. General requirements for registration of designs
2. Subject of protection under the Design Law
The term "design" as defined in Article 2 of the Design Act refers to the shape, pattern, or color, or a combination of these, or an image, of an article or building that evokes a sense of beauty through the eye, and both the whole and any part of it are subject to protection under the Design Act.
・Please refer to the following article for a detailed explanation of what is protected by the Design Act.
Design protection: You can register things like this!
・For information on the subject matter and scope of design rights, please refer to the article below.
What kind of right is a design right?
3. History of the Design Law
Japan's design system began with the Design Ordinance, which was promulgated in 21. The current Design Act was promulgated in 1888 and came into effect on April 34st the following year (1959).
Major legal reforms
10 (Heisei 1998) | Introduction of the partial design system |
Establishment of the related design system (changing from the similar design system to the related design system) | |
Expansion of the design system for sets of objects (relaxation of registration requirements) | |
18 (Heisei 2006) | Expanded protection for image designs (images used to manipulate goods are now protected) |
Review of the related design system (relaxation of time restrictions for related design applications) | |
Extension of the duration of the patent (extension from 15 years from the date of registration to 20 years) | |
Reiwa 2019 (XNUMX) | Expansion of scope of protection (addition of architectural and interior design to scope of protection) |
Expanded protection for image designs (adding protection to image designs detached from articles) | |
Expansion of the related design system (relaxation of time restrictions on related design applications) | |
Change in duration (changed from 20 years from the date of registration to 25 years from the date of application) |
・Please refer to the following page for detailed information about the 2019 amendments.
Major Revision of the Design Law: Towards Future Design Management
4. Treaties and Agreements
The formal effect of laws and regulations is as follows: "Constitution (Constitution of Japan)" > "Treaties (e.g., Paris Convention, Hague Agreement)" > "Laws (e.g., Design Act)" > "Cabinet Orders and Ministerial Ordinances (Design Act Enforcement Order, Design Act Enforcement Regulations)".
Therefore, the Design Act does not violate the provisions of the Paris Convention or the Hague Agreement.
For example, when joining a treaty (agreement), if there is any content that is not stipulated in the Design Act, the law will be amended to add it before the treaty (agreement) can be joined.
treaty of paris
The Paris Convention, whose official name is the Paris Convention for the Protection of Industrial Property, is an international treaty that came into force in 1884, and Japan joined in 32.
Among these, the three major principles are said to be "the principle of national treatment," "the priority system," and "the principle of independence of national industrial property rights."
For example, when filing an application in a member country, if you file your design application in Japan within six months of filing, you can claim this priority and have your application examined in other member countries based on the filing date in Japan.
Geneva Act of the Hague Agreement
The Hague Agreement, known as the "Hague Agreement Concerning the International Deposit of Industrial Designs," is an international treaty that was adopted in The Hague in 1925 and came into force in 1928.
Subsequent amendments were adopted in London in 1934, in The Hague in 1960, and in Geneva in 1999.
In 27, Japan became a member of the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs, which came into effect.
This is an international application registration system for designs that centralizes the application procedures that occur in each country and allows you to file a single application with the International Bureau, thereby obtaining the same results as if you had filed an application in each of the designated countries.
Please refer to the following link for further details.
International Design Filing under the Hague Agreement
5. Related Laws and Regulations (Cabinet Orders and Ministerial Ordinances)
There are some sections in the Design Act that state "to be determined by Cabinet Order" or "to be determined by Ministerial Ordinance."
The detailed regulations are left to the discretion of the government in order to make the law more flexible and adaptable to local situations in order to ensure greater effectiveness.
Cabinet orders are enacted by the Cabinet, while ministerial ordinances are enacted by the ministers of each ministry.
The following four Cabinet Orders and Ministerial Ordinances are related to the Design Act.
- Design Law Enforcement Order (Cabinet Order)
- Design Law Enforcement Regulations (Ministry of Economy, Trade and Industry Ordinance)
- Design Law Registration Order (Cabinet Order)
- Design Law Registration Ordinance Regulations (Ministry of Economy, Trade and Industry Ordinance)
6. Other Laws Related to Designs
The Design Act protects designs of articles, buildings, images, etc. that can be used industrially, but designs may also be protected by other intellectual property laws (such as the Unfair Competition Prevention Act and Copyright Act).
Please refer to the following article for a detailed explanation of how there are other ways to protect designs besides the Design Act.
Key Laws Concerning Design Protection