table of contents
January issue [Legal Affairs] Newsletter
Enforced on January 6, 1
Procedures for applying exceptions to loss of noveltyrelief
The amendments to the ``relaxation of procedures for applying exceptions to loss of novelty of designs'' that we have reported in our newsletter will come into effect on January 6, 1.
For applications filed after this date, for designs published due to the act of a person entitled to design registration (including the successor of the right), any act of publication on the earliest publication date (on the same day) By proving that the same or similar designs published after the earliest publication date can be covered by the exceptions to lack of novelty without having to go through the necessary procedures. Become.
Regarding specific implementation, the ``Design Examination Standards'' and the ``Q&A Collection Regarding Exceptions to the Loss of Novelty of Designs (Article 4, Paragraph 2 of the Design Act)'' are scheduled to be revised and published one after another.
“Voice copyright when using speech synthesis AI”
On October 2023, 10, at the Information Processing Society of Japan Computer Security Symposium 23 Proceedings, NTT Social Information Research Institute collaborated with researchers from the Keio University Graduate School of Media and Governance to discuss ``Legal issues in the use of speech synthesis AI.'' Is there a right to ``voice''?'' As it is expected that synthesized voices generated by AI voice synthesis technology that closely resemble real human voices will be used in the future, we will discuss the rights that can be claimed in such cases, such as copyright, publicity rights, and personal information protection. We are considering it from a legal perspective.
Regarding copyright, for example, if a well-known actor posts a video on SNS, that video is a copyrighted work that creatively expresses the person's thoughts or feelings. Furthermore, the act of extracting only the audio contained in a video without the person's permission and creating a voice synthesis model using AI falls under the use of information analysis research that does not aim to enjoy the thoughts and feelings expressed in the copyrighted work. Therefore, the rights of the copyright holder may be restricted (Article 2-XNUMX, Item XNUMX of the Copyright Act). However, if only a voice synthesis model is used for the purpose of reproducing an actor's voice, it would unfairly harm the use of the copyright holder in light of the type and purpose of the copyrighted work and the mode of use, and copyright infringement could be claimed. It is said that
In any case, it is important to obtain permission from the copyright holder until the concept of ``voice rights'' is established in situations where voice synthesis AI is used.
Japan Patent Office publishes Examination Standards for Similar Goods and Services [Compatible with International Classification Version 12-2024]
The Japan Patent Office has created "Examination Standards for Similar Goods and Services" (hereinafter referred to as "Similar Standards"), which groups goods or services that are presumed to have a similar relationship and assigns a specific code for searching to each group. , has been announced.
This "similarity standard" is based on the provisions of Article 4, Paragraph 1, Item 11 of the Trademark Act, and determines whether the designated goods or designated services of a trademark registration application have a similar relationship with the designated goods or designated services of another person's trademark registration. Recently (December 2023, 12), the Japan Patent Office has established the Examination Guidelines for Similar Goods and Services [Compatible with International Classification Version 8-12]. Announced.
These similar standards will be applied from January 6, 1.
The main changes are as follows.
In addition, products and services that have been added, deleted, or whose display has been changed can be checked in the list of changes. URL:https://www.jpo.go.jp/system/laws/rule/guideline/trademark/ruiji_kijun/document/ruiji_kijun12-2024/henkouten_ichiran.pdf
[reference]
https://www.jpo.go.jp/system/laws/rule/guideline/trademark/ruiji_kijun/ruiji_kijun12-2024.html
Newsletter translated into English
Relaxation of Procedures for Exception to Lack of Novelty
(Enacted on January 1, 2024)
The amendment to “Relaxation of Procedures for Exception to Lack of Novelty of Design” which we have reported in our previous newsletters will come into force on January 1, 2024. For applications filed on or after January 1, 2024, with respect to a design published due to action by a person who has the right to obtain a registration for said design (including successors of the right), the same or similar designs which were published on or after the earliest publication date may also receive an exception to lack of novelty without need for additional procedures, by providing proof of any act of publication that took place on the earliest date of publication (if more than one publication took place on the same day, the specific timing of the publications does not matter).
The “Design Examination Guidelines” and the “Collection of Questions and Answers on Exceptions to Lack of Novelty of Designs (Article 4(2) of the Design Act)” will be revised and published in due course.
Copyright of Voice in the Use of Speech Synthesis AI
On October 23, 2023, NTT Socio-Informatics Research Laboratories, together with researchers affiliated with the Graduate School of Media and Governance of Keio University, submitted a paper entitled “Legal Issues in the Use of Speech Synthesis AI: Do We Have Rights to' Voices’?”. The article examines the rights that can be asserted in the future use of synthetic voices that closely resemble real human voices, generated by AI voice synthesis technology, from the perspective of copyright, right of publicity, and personal information protection law. .
With regard to copyright, for example, when a well-known actor posts a video on a social networking service, the video is a work that creatively expresses his/her thoughts or feelings. And the act of extracting only the voice contained in the video without the actor's permission and creating a text-to-speech model using AI itself may fall under the use of information analysis research that does not aim to enjoy the thoughts and feelings expressed in the work, and thus the copyright holder's rights may be restricted ( Article 30-4-2 of the Copyright Act). However, if only a speech synthesis model is used for the purpose of reproducing an actor's voice, the copyright owner can claim copyright infringement because the use is unreasonably prejudicial to the copyright owner's use in light of the type and intended use of the copyrighted work and the manner of such use.
In any case, until the concept of “voice rights” in the use of speech synthesis AI is established, it is important to obtain the permission of the copyright holder.
JPO Publishers Examination Guidelines for Similar Goods and Services
(International Classification of Goods and Services, Edition 12-2024)
The JPO has prepared and published the “Examination Criteria for Similar Goods and Services” (hereinafter referred to as the “similarity criteria”), in which goods or services that are presumed to be similar are grouped together and each group is assigned a specific code for search purposes. The “similarity criteria” are based on the Trademark Law and the Trademark Law.
These “similarity criteria” function as uniform criteria for examiners to determine whether the designated goods or designated services of an application for trademark registration are similar to the designated goods or designated services of another person's trademark registration, in accordance with Article 4(1)( xi) of the Trademark Law. On December 8, 2023, the JPO published the Examination Guidelines for Similar Goods and Services (corresponding to the International Classification of Goods and Services Version 12-2024).
These similarity criteria will be applied from January 1, 2024.
The main changes are as follows
Other goods and services that have been added, deleted, or changed in the display can be found in the list of changes (URL: https://www.jpo.go.jp/system/laws/rule/guideline/trademark/ruiji_kijun/document/ruiji_kijun12-2024/henkouten_ichiran.pdf).
[See also]
https://www.jpo.go.jp/system/laws/rule/guideline/trademark/ruiji_kijun/ruiji_kijun12-2024.html
