table of contents
Design protection for illustration designs
(1) Subject matter of design protection
(1-1) The design of the illustration itself cannot be patented.
A design protected by the Design Act must be a pattern applied to a specific item or the shape of a specific item. Specific items are, for example, products such as mugs, T-shirts, and notebooks produced in a factory. The design of an illustration itself cannot obtain a design right because it is not linked to a specific product.
(1-2) Differences from copyright and trademark rights
This provision is made because the Design Act is a law aimed at industrial development. Article 1 of the Design Act states, "The purpose of this Act is to encourage the creation of designs by promoting the protection and utilization of designs, thereby contributing to the development of industry."
For example, by protecting the design of a product that is mass-produced in a factory with a design right, the company that holds the design right can exclusively manufacture and sell products with new and original illustrations. Because great designs have the power to attract customers, companies will rush to develop products with new designs to increase sales. This will result in the development of industry.
However, protecting illustrations that are not linked to specific products will not lead to significant industrial development. Since such illustrations are not attached to products sold in the industrial sector, but have a strong artistic meaning for individuals to enjoy, they are protected by the following copyrights.
(Copyright)
Works that you have created yourself, such as illustrations and artworks, are protected by copyright. Unlike design rights, there is no need to go through the Patent Office to obtain copyright. Copyright arises automatically when a work is created, and lasts for 70 years after the death of the creator.
However, in the case of an illustration that is linked to a concrete product, such as an illustration printed on the cover of a notebook, the notebook in question does not fall within the scope of art that creatively expresses ideas or emotions, so it is unlikely that it will be recognized as a work of authorship, and it will be difficult to obtain copyright protection for an illustration printed on the cover of a notebook. In such cases, protection through design rights should be considered.
For more information on the differences between design rights and copyright, please see the following article:
· "Explaining the difference between design rights and copyright'
(Trademark)
In addition, if you use the illustration as a mark to indicate the source of a product that your company sells, the illustration will be recognized as a logo mark trademark and will be protected by trademark rights.
When applying for a trademark registration for an illustrated logo mark, it is necessary to specify the goods and services for which the trademark will be used. The effect of a trademark right extends to the use by others of a trademark that is identical or similar to the registered trademark for the same or similar goods and services.
For example, if a T-shirt is designated as a designated product, the effect of the trademark right does not extend to a mug with the same illustration printed on it, so the manufacture and sale of the mug cannot be stopped. However, if a product similar to a T-shirt is a tank top, for example, it is possible to seek an injunction and damages based on the trademark right.
There is no novelty requirement for trademark registration, so even trademarks that are currently in use and are well-known can be applied for. Furthermore, trademark rights can last semi-permanently by repeatedly renewing them. However, if a registered illustration logo mark has not been used for a long period of time, the trademark right may be revoked.
For more information on the differences between design rights and trademark rights, please see the following article:
· "Difference between design and trademark'
(1-3) Products with illustrations can acquire design rights
So how can you obtain design rights for illustrations, rather than copyright or trademark rights? Below, we will introduce how to effectively obtain rights for illustrations.
Although it is not possible to obtain a design right for the illustration itself, it is possible to register a design for, for example, a mug, T-shirt, or notebook with an illustration as a pattern. In this case, it is necessary to file a design application for each of the items to which the design relates, such as a mug, T-shirt, or notebook. This is because the effect of a design right extends to the application of the same or similar design to the same or similar item.
When filing an application, separate design applications will be filed for the mug with the illustration, for the T-shirt with the same illustration as the mug (it can be a different illustration), and for the notebook with the illustration, and separate design rights will be obtained (excluding multiple design applications).
For example, if a T-shirt is a design item, the design right does not apply to spoons or plates with the same illustration printed on them, so the manufacture or sale of those spoons or plates cannot be stopped. However, if an article similar to a T-shirt, such as a sweater or blouse, is similar, an injunction and damages can be sought based on the design right.
In this way, by filing a design application linking an illustration to a specific product such as a mug, it is possible for the illustration to also be protected under the Design Act.
When you obtain a design right for an illustration, the effect of the design right extends to similar designs. Another advantage is that you no longer have to worry about infringing on the intellectual property rights of others. The duration of a design right is 25 years from the date of application.

(2) Subject of image protection
(2-1) When using an illustration in an image displayed on a smartphone screen, the image of the illustration itself may be protected under the Design Act.
Due to the revision of the Design Law, images of illustrations have become a new subject of protection under the Design Law, and it is now possible to register the image of an illustration as a design. Images of illustrations that can be protected separately from an article are as follows:
① Images used for operating equipment (operation images)
② Images that are displayed as a result of the device performing its function (display images)
Examples of operation images include icons used to launch an app, and settings images displayed on the settings screen of an app.
An example of a display image is an illustrated image that displays the current time as a result of using a function to display the time.

These image illustrations do not need to be linked to concrete objects as with regular illustrations.
When filing an application, the purpose of the image illustration should be described in the "Article relating to the design" section of the application. For example, the purpose should be described as an image for displaying information, an image for operating content viewing, or an image for inputting numerical values.
Examples that do not fall under the above category include images from movie or game content, desktop wallpapers, etc. Since these images are not operation or display images, they are not protected by the Design Act and cannot be registered as designs.
(2-2) Changing images
Illustrations of changing images can also be protected as unique designs if they meet certain requirements.

(3) Other requirements for the design of illustrations
Other requirements for illustration designs are explained below. In order to obtain a design registration for an illustration design, it is necessary to satisfy novelty (Article 3, Paragraph 1 of the Design Act), difficulty in creation (Article 2, Paragraph XNUMX of the same Act), and other design registration requirements.
If you are planning to file a design application, you should not submit a photograph of the design or the design until the application is finalized.
Please be careful not to publish the illustration on the Internet or in books. In addition, you must complete the design application before manufacturing and selling the product with the illustration. If you publish the illustration before filing the application, the design will not be recognized as novel and not easy to create, and you will not be able to obtain a design registration.
In addition, designs that can be easily created based on publicly known shapes, etc. cannot be registered (non-creatability).
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