table of contents
March [Legal] Newsletter
Japan Patent Office holds first sales event specializing in regional collective trademarks
In order to further popularize the regional collective trademark system, the Japan Patent Office will hold the "Discover the Charm! Regional Brand Festa" sales event specializing in regional collective trademarks for the first time in the event space inside the ticket gates of Tokyo Station. The event will run from Friday, February 28, 2025 to Sunday, March 2, 2025.
The event, with the theme of "Connecting with Hokuriku and Invigorating Hokuriku," is open to regional collective trademark holders from Toyama, Ishikawa, and Fukui prefectures, and will feature sales of Hokuriku gourmet food and crafts, experience workshops, quiz rallies, and more.
Some of the regional collective trademarks held by participating organizations are introduced below.
・"White shrimp from Toyama Bay" (Registration No. 5560063)
Rights holders: Shinminato Fisheries Cooperative Association, Toyama City Fisheries Cooperative Association, Toyama Prefectural Fisheries Cooperative Association
Designated Goods: Class 29 White shrimp from Toyama Bay
・"Kanazawa Buddhist Altar" (Registration No. 5003045)
Right holder: Kanazawa Buddhist Altar Commerce and Industry Cooperative Association
Designated goods: Class 20 Buddhist altars whose main production process was carried out in Kanazawa City, Ishikawa Prefecture
- "Wakasa Lacquer Chopsticks" (Registration No. 5067438)
Right holder: Wakasa Lacquer Chopsticks Cooperative Association
Designated goods: Class 21 Lacquered chopsticks produced in Obama City, Fukui Prefecture
The Regional Collective Trademark System is a system that aims to revitalize regional economies by protecting "regional brands." Under certain conditions, the registration requirements are relaxed for trademarks that are normally difficult to register due to their distinctiveness, which are a combination of a "regional name" and a "product (service) name."
In order to register, there must be a correlation between the name of the region and the product (service), so the designated goods or services would be, as shown above, "XX (product name) produced in XX (region name)."
It is expected that such events will further promote the regional collective trademark system and its use, thereby stimulating industrial development that makes use of regional characteristics.
[reference]
"Discover the Charm! Regional Brand Festival" (Japan Patent Office)
https://www.jpo.go.jp/system/trademark/gaiyo/chidan/brand-festa/index.html
"What is the Regional Collective Trademark System?" (Japan Patent Office)
https://www.jpo.go.jp/system/trademark/gaiyo/chidan/t_dantai_syouhyo.html
(February 10, 2025, some excerpts and summaries used by our office)
"Issues to be considered regarding the design system" 17th Design System Subcommittee Meeting
On February 10, 2025, the 17th Design System Subcommittee meeting was held at the Japan Patent Office, and the following issues related to the design system were discussed.
- The state of the design system for designs in virtual space
- Report on the outcome of the Diplomatic Conference to Finalize and Adopt the Design Law Treaty
This time, from the document “Issues to be considered regarding the design system” distributed at the subcommittee meeting, we will be discussing the “Form of the design system regarding designs in virtual space.”
The spread of businesses based on the use of virtual space
Advances in VR technology have increased the sense of realism and immersion in virtual spaces, making it possible to provide experiences that are comparable to the real world, and various businesses based on the utilization of virtual spaces are being developed.
Business entities that utilize virtual space can be broadly divided into the following two categories:
(1) Business operators that primarily conduct business related to the real world ("real world business entities")
(2) Business operators that primarily engage in businesses related to virtual space ("virtual space business entities")
Examples of businesses that utilize virtual space
① Creation and sale of 3D models for use in virtual spaces
② Providing a platform using virtual space
3) Hosting events in virtual space
4. Sales promotion using 3D simulators
⑤ Optimization and efficiency of operations using digital twins (objects and situations in the real world reproduced in a virtual space like a "twin")
The Subcommittee's View of "Virtual Space"
There is no established definition of "virtual space," but for now, we will proceed with the discussion by considering it to be "a space that is separate from real space (a physically existing three-dimensional space) and that is perceived as existing in three dimensions by humans through the use of VR devices, etc."
The subjects to be protected under the Design Act do not necessarily need to be linked to the understanding of "virtual space," so we will further consider this issue together with the direction of institutional measures.
Regarding the direction of new institutional measures
From 2023 onwards, we solicited opinions from virtual space business entities, including creators, and real space business entities, regarding the direction of institutional measures (hereinafter referred to as ① and ②).
Direction of institutional measures ①: Direction of expanding the types of items that can be registered beyond the current types (items, buildings, and parts of images)
Direction of Institutional Measures ②: Direction of extending the scope of design rights for articles and buildings into virtual space
In light of the current state of counterfeiting in virtual space, the METI decided to consider the balance between protection and utilization for both business entities in the real world and those in the virtual world, as well as to consider the challenges associated with each approach identified through the public hearings, and to consider the direction of new institutional measures (③ below) in a manner consistent with the current Design Act.
Direction of Institutional Measures ③: Direction of protecting designs in virtual space as image designs, which are currently a registrable type
The third direction of the institutional measures is to protect images that represent the shapes of articles, etc., in addition to operation images and display images, in addition to image designs, which are currently a registrable type.
The next meeting of the Subcommittee on Design Systems is scheduled to be held in March or April 2025.
We will continue to pay close attention to the form of the design system regarding designs in virtual space that is being considered by the Japan Patent Office.
[source]
"Issues to be considered regarding the design system" (Japan Patent Office)
https://www.jpo.go.jp/resources/shingikai/sangyo-kouzou/shousai/isho_shoi/document/17-shiryou/03_shiryo-1.pdf
(Used on February 17, 2025) *Created by our office based on pages 4, 9, 10, 21, 27, and 28
National Diet Library launches remote copying (PDF download) service
On February 6, 2025, the National Diet Library announced that it will begin a new service called "remote copying (PDF download)" on February 20, 2025, providing copies in PDF format, in addition to the existing "remote copying (mail receipt)" service, in which paper copies are mailed.
This service allows users to apply for copies of materials held by the National Diet Library without visiting the library and receive PDF files of the copies. Applications and PDF file downloads can be made through the "National Diet Library Search" (https://ndlsearch.ndl.go.jp/#ndls) to start.
Please note that under the Copyright Act, the scope of copying is generally limited to a portion of a work.
■ Target materials
Materials held by the National Diet Library (including digitized materials)
*Music publications, map publications, photo books, art books, magazines published within the past year, etc. are not eligible due to copyright law and other regulations.
■ Who can use it?
Individual registered users of the National Diet Library (main registration)
*Applications from simplified registration users and institutions such as libraries are not accepted.
■Copy Fees
The sum of the following items 1 and 2
1. Costs required for making copies
*Fees vary depending on the type of material to be copied and the copying method.
2. An amount equivalent to the compensation paid to the copyright holder (note)
(Note) Public Transmission Compensation System for Libraries, etc.
The revised Copyright Act, which came into force in 2021, now allows libraries to send portions of works to users in remote locations as email attachments, in addition to allowing them to copy and provide portions of works to library visitors for research purposes, as was previously permitted. A compensation system has been introduced to compensate copyright holders and publishers for any disadvantages caused by this.
[reference]
National Diet Library News
https://www.ndl.go.jp/jp/news/fy2024/250206_01.html
National Diet Library Photocopy Service
https://www.ndl.go.jp/jp/copy/remote/index.html
Public Transmission Compensation Management Association for Libraries (SARLIB) About the Public Transmission Compensation System for Libraries
https://www.sarlib.or.jp/system/
Newsletter translated into English
Japan Patent Office to Hold First Sales Event Dedicated to Regional Collective Trademarks
In order to further promote the regional collective trademark system, the Japan Patent Office will hold for the first time a sales event dedicated to collective regional trademarks. The event, titled “Discover the Charm! Festival of Local Brands” will be held at the event space inside the ticket gate of Tokyo Station from Friday, February 28 to Sunday, March 2, 2025.
The event has a theme of “Connecting With and Energizing Hokuriku,” and will be open to participation by holders of regional collective trademark rights in Toyama, Ishikawa and Fukui prefectures, which are located in the Hokuriku region of Japan. It will feature sales of gourmet foods and crafts from the region, as well as workshops and quizzes.
Some of the regional collective trademarks held by the participating organizations are listed below.
– Toyama Bay White Shrimp (Registration No. 5560063)
Rights holders: Shinminato Fishery Cooperative, Toyama City Fishery Cooperative, Toyama Prefecture Federation of Fishery Cooperatives
Designated goods: (Class 29) White shrimp from Toyama Bay
– Kanazawa Buddhist Altar (Registration No. 5003045)
Rights holder: Kanazawa Buddhist Altar Merchant Cooperative
Designated goods: (Category 20) Buddhist altars for which the principal production process is carried out in Kanazawa City, Ishikawa Prefecture
– Wakasa-nuri Lacquered Chopsticks (Registration No. 5067438)
Right holder: Wakasa-nuri Lacquered Chopsticks Cooperative
Designated goods: Class 21 Lacquered chopsticks made in Obama City, Fukui Prefecture
The purpose of the regional collective trademark system is to revitalize regional economies by protecting “regional brands”. Under certain conditions, the requirements for registration of a trademark consisting of a combination of a regional name and a product (service) name, etc., which would normally be difficult to register from the stance of distinctiveness, are relaxed.
Since the name of the region and the goods or services must be related in order to be registered, the designated and services are in the format “XX (name of product) from XX (name of region)” etc. as indicated above.
It is hoped that further expansion of the regional collective trademark system and its utilization through events such as this will promote industrial development that makes the most of regional characteristics.
[Sources]
“Discover the Charm! Festival of Local Brands” (Japan Patent Office)
https://www.jpo.go.jp/system/trademark/gaiyo/chidan/brand-festa/index.html
“What is the Regional Collective Trademark System?”
https://www.jpo.go.jp/system/trademark/gaiyo/chidan/t_dantai_syouhyo.html
(Summarized in part by our firm on February 10, 2025)
“Issues for Consideration Regarding the Design System” – 17th Subcommittee on Design System
On February 10, 2025, the 17th meeting of the Design System Subcommittee was held at the JPO to discuss the following issues related to the design system:
- The current state of the design system for designs in virtual spaces.
- A report on the outcome of the diplomatic conference to finalize and adopt the Design Law Treaty.
Based on the document “Issues for Consideration Regarding the Design System” distributed at said subcommittee meeting, we will examine the issue of the “current state of the design system for designs in virtual spaces”.
Expansion of business based on utilization of virtual space
The development of VR technology has improved the realism and immersion of virtual spaces, enabling experiences that are comparable to those in real space, and various businesses are developing based on utilization of virtual spaces.
Business entities that are based on utilizing virtual spaces can be broadly classified into the following two categories:
(1) Business entities primarily engaged in business related to real space (“real space business entities”)
(2) Business entities primarily engaged in business related to virtual spaces (“virtual space business entities”)
Examples of businesses based on utilizing virtual spaces
(i) Production and sale of 3D models and other products for use in virtual spaces
(ii) Providing a platform using a virtual space
(iii) Holding events in a virtual space
(iv) Sales and sales promotion using 3D simulations
(v) Optimization and streamlining of operations, etc. by utilizing digital twins (objects and situations that exist in real space that have a matching “twin” created in a virtual space)
How “virtual spaces” are viewed by the Subcommittee
There is no established definition of a “virtual space”, but for now, the discussion will proceed with the term “virtual space” to mean “a space, other than a 'real space' (a 3D space that exists physically), which appears to human senses to exist in three dimensions by use of a VR device or the like understood.”
Since the subject matter to be protected by design law does not necessarily need to be linked to the way a “virtual space” is viewed, consideration of this issue is deepened in conjunction with the direction of institutional measures.
Direction of new institutional measures
From 2023 onwards, opinions were heard on the direction of the institutional measures ((1) and (2) below), etc. which target both business entities (including creators) based in virtual spaces and business entities based in real space.
Direction (1) of the institutional measures: Expansion of registrable types beyond the current types (goods, buildings, and some images).
Direction (2) of the institutional measures: Expansion of the scope of implementation of design rights for goods and buildings to include virtual spaces.
In light of the actual situation regarding imitations in virtual spaces, the committee decided to consider the directions of new institutional measures in a manner consistent with the current Design Law (see (iii) below), taking into consideration the balance between protection and utilization for both business entities in real space and business entities in virtual spaces, as well as issues regarding the directions that were obtained from opinion hearings.
Direction (3) of the institutional measures: A design in a virtual space should be protected as an image design, which is a current registrable type of design.
Direction (3) of the institutional measures is to make images representing the shape of goods, etc. protectable as image designs, in addition to images indicating operation and display, which are the current registrable types.
The next meeting of the Design System Subcommittee will be held in March or April 2025.
We will continue to pay close attention to the Design System with regard to designs in virtual spaces that are currently being considered by the JPO.
[source]
Issues for Consideration Concerning the Design System (JPO)
https://www.jpo.go.jp/resources/shingikai/sangyo-kouzou/shousai/isho_shoi/document/17-shiryou/03_shiryo-1.pdf
(Accessed on February 17, 2025; the above article prepared by our firm based on pages 4, 9, 10, 21, 27, and 28)
National Diet Library Launches Remote Copying (PDF Download) Service
On February 6, 2025, the National Diet Library announced that it will launch a “remote copying (PDF download)” service on February 20, 2025, providing copies in PDF format in addition to its existing “remote copying (receiving by mail)” service, in which paper copies are sent by mail.
This service allows users to request photocopies of held materials by the National Diet Library without visiting the library and receive PDF files of the photocopied materials. Applications and PDF files can be made through “National Diet Library Search” (https://ndlsearch.ndl.go.jp/#ndls).
Note that, in principle, the scope of photocopying is limited to a part of a work, in accordance with the provisions of the Copyright Act.
■ Materials Subject to the Service
Materials held by the National Diet Library (including digitized materials)
● Publications of sheet music, publications of maps, collections of photographs, art books, magazines within one year of publication, etc. are exempt from the service under the Copyright Act and other regulations.
■ Users Eligible for the Service
Registered individual users of the National Diet Library (with formal registrations)
● Applications for use by users with simplified registrations and by libraries and other institutions are not accepted.
■ Copying Fees
The total fee includes the following (1 and 2):
1. The cost of making copies
● Costs will vary depending on the type of materials to be copied and the copying method.
2. An amount equivalent to the compensation to be paid to the copyright holder*.
*Public Transmission Compensation System for Libraries, etc.
Under the revised Copyright Act enacted in 2021, in addition to the previously permitted copying and provision of a part of a work to library visitors for the purpose of research and study, it is also now possible to send a part of a work to users in remote areas via an email attachment or the like, and a compensation system was introduced to compensate for the disadvantages suffered by copyright holders and publishers as a result.
[Sources]
National Diet Library, 'News'
https://www.ndl.go.jp/jp/news/fy2024/250206_01.html
National Diet Library, 'Photocopying Service'
https://www.ndl.go.jp/jp/copy/remote/index.html
Society for Administration of Remuneration for Public Transmission by Libraries or Similar Facilities (SARLIB), 'Regarding the Compensation Scheme for Public Transmission by Libraries or Similar Facilities'
https://www.sarlib.or.jp/system/