table of contents
July [Legal] Newsletter
The Intellectual Property Strategy Headquarters decides on the "Intellectual Property Promotion Plan 2024" and the "New Cool Japan Strategy"
On June 2024, 6, the Intellectual Property Strategy Headquarters (Chairperson: Prime Minister Kishida Fumio) met at the Prime Minister's Office and decided on the "Intellectual Property Promotion Plan 4" and the "New Cool Japan Strategy."
The plan organizes its "priority measures for intellectual property strategy" from five perspectives: 1) creation of intellectual property, 2) protection of intellectual property, 3) utilization of intellectual property, 4) strategic development and utilization of highly skilled intellectual property human resources, and 5) a new Cool Japan strategy and content strategy.
The summary version provides an overall picture of the plan, including:
"Creation" of intellectual property
- Promoting domestic innovation investment
- Creating value through investment in intellectual property and intangible assets
- AI and Intellectual Property Rights
"Protection" of intellectual property
- Preventing technology leakage
- Strengthening measures against pirated and counterfeit goods
"Utilization" of intellectual property
- Promoting social implementation through industry-academia collaboration
- Promoting strategic use of standards
- Realization of a digital archive society and development of an environment for data distribution and utilization
Strategic development and utilization of advanced intellectual property "human resources"
- Human resource development and mobility in research and development
- Human resource development for content development and utilization
- Strengthening the human resources base that supports the utilization of intellectual property
New Cool Japan Strategy and Content Strategy
Meanwhile, the "New Cool Japan Strategy," also incorporated into the plan, positions content, inbound tourism, food, beauty, and other related industries as core industries for the country, and supports their efforts, setting a goal of generating an economic effect of more than 2033 trillion yen by 50, more than double the current amount.
Specifically, the plan includes strengthening the overseas expansion of digital content, as well as expanding inbound tourism nationwide through high-added-value tourism products that utilize natural and cultural assets.
The World Expo, Japan (Osaka-Kansai Expo) will be held next year (2025), and it is expected that 350 million foreign visitors will visit Japan during the event. In addition, various events are expected to be held outside the venue as well, and it is expected that foreigners will visit various parts of the country other than Osaka and Kansai, including through exchanges with local governments. Therefore, the Osaka-Kansai Expo is seen as a great opportunity to promote not only Japanese technology, but also the appeal of Japan to the world.
<Reference URL>
Intellectual Property Promotion Plan 2024
https://www.kantei.go.jp/jp/singi/titeki2/chitekizaisan2024/pdf/siryou2.pdf
"Intellectual Property Promotion Plan 2024" (Summary)
https://www.kantei.go.jp/jp/singi/titeki2/chitekizaisan2024/pdf/siryou1.pdf
A new Cool Japan strategy
https://www.kantei.go.jp/jp/singi/titeki2/chitekizaisan2024/pdf/siryou4.pdf
New Cool Japan Strategy (Summary)
https://www.kantei.go.jp/jp/singi/titeki2/chitekizaisan2024/pdf/siryou3.pdf
Design Application Trends Survey - Macro Survey -
On May 13, 2024, the Japan Patent Office published the 2023 "Survey on Design Application Trends" on its website. Because design application trends are closely related to economic conditions and corporate activities, the results of an analysis of design application information, etc., are useful information for considering design applications, design development, and brand building.
This article will mainly introduce some trends in design applications within Japan and design applications from Japan to foreign countries.
URL: https://www.jpo.go.jp/resources/report/gidou-houkoku/document/isyou_syouhyou-houkoku/2023isho_macro.pdf
(Used on June 2024, 6)
*Created by our company based on pages 46 and 11-12
Changes in the number of design registrations at the JPO
Trends in the number of design registrations with the JPO (by country of residence)
Fields with many registrations at the JPO
Top 20 design registrants: names, country (and region) of residence, and number of design registrations (2022)
Number of design registrations with the JPO
The largest group was LG Electronics Inc, followed by Panasonic IP Management, Mitsubishi Electric, Kokuyo, and KONINKLIJKE PHIILPS NV (Netherlands).
Number of designs registered with the USPTO
Nike Inc is ranked first, followed by LG Electronics Inc, Apple Inc, Samsung Electronics Co Ltd, and DELTA FAUCET COMPANY. Among Japanese companies, Mitsubishi Electric is ranked 15th and Fujifilm is ranked 19th.
Number of designs registered with the EUIPO
Nike Inc. is ranked first, followed by PRADA SpA, Rieker Schuh AG, PIERRE BALMAIN SAS, and KONINKLIJKE PHIILPS NV. No Japanese companies are ranked.
Number of design registrations to CNIPA and KIPO (chart omitted)
Japanese companies are not listed in the ranking.
Japan Patent Office: [International Trademark Applications] About Contracting Parties to the Madrid Protocol
On June 2024, 6, the Japan Patent Office updated the list of countries that are parties to the Madrid Protocol.
Qatar [Qatar_country code: QA] will be added on August 2024.08.03, 2023.05.06. This is the first addition of a contracting country since Mauritius on May 115, XNUMX, and Qatar will be the XNUMXth country.
The outline of international trademark registration based on the Madrid Protocol is as follows:
What is an international registration?
International registration refers to the international registration of a trademark based on the Madrid Protocol (and the Madrid Agreement). An international application under the Madrid Protocol is an application method that allows you to obtain an international registration of a trademark by filing an international application with the International Bureau of the World Intellectual Property Organization (WIPO) via the Japan Patent Office, and to obtain rights equivalent to those of a domestic registration in each designated country.
Benefits and Cautions
【merit】
- Simplified procedures: By using international filing, you can obtain trademark rights in designated countries by filing your application in one place.
- Reduced filing costs: No need to appoint a local agent unless an refusal is issued.
- Subsequent designation: Designated countries can be added even after international registration. Designated countries can be added flexibly according to business development.
【important point】
- Basic application/basic registration is required: A basic application/basic registration is required for international registration.
- Scope of designated goods/services: The scope of designated goods/services for an international registration cannot exceed that of the basic application. Since the procedure is carried out without the involvement of a local agent familiar with the trademark system of the country in question, it is necessary to pay attention to the protection of rights by, for example, properly listing the designated goods/services.
- Examination in each country: Even in the case of an international application, examination is conducted in each designated country, and the decision on granting trademark rights is left to the patent office (trademark office) of each country.
[Reference diagram]
https://www.jpo.go.jp/system/trademark/madrid/seido/madopro_beginner.html
[reference]
https://www.jpo.go.jp/system/trademark/madrid/madopro_kamei.html
Newsletter translated into English
Intellectual Property Strategy Headquarters decides on “IP Promotion Plan 2024” and “New Cool Japan Strategy
On June 4, 2024, the Intellectual Property Strategy Headquarters (headed by Prime Minister Fumio Kishida) held a meeting at the Prime Minister's Office and decided on the “IP Promotion Plan 2024” and the “New Cool Japan Strategy”.
The plan organizes “Priority Measures for IP Strategy” from the following five perspectives: (1) creation of intellectual property, (2) protection of intellectual property, (3) utilization of intellectual property, (4) strategic development and activities of highly skilled IP personnel, and (5) new Cool Japan Strategy and contents strategy.
The summary version of the plan presents the following as an overview of the plan.
Creation of Intellectual Property
- Promotion of domestic investment in innovation
- Value creation through investment in intellectual property and intangible assets
- AI and Intellectual Property Rights
Protection of Intellectual Property
- Prevention of technology leakage
- Strengthening measures against piracy and counterfeit products
Utilization of Intellectual Property
- Promotion of social implementation through industry-academic collaboration
- Promotion of strategic use of standards
- Realization of a digital archiving society and development of an environment for data distribution and utilization
Strategic Development and Activities of Highly Skilled IP Personnel
- Human resource development and mobility in R&D
- Human resource development in content development and utilization
- Strengthening the human resource base to support IP utilization
New Cool Japan Strategy and Content Strategy
Meanwhile, the “New Cool Japan Strategy,” which was also incorporated into the plan, positions related industries such as those creating “content” (manga, anime, games, etc.), and those for inbound tourism, food, and beauty etc. as key national industries and encourages as a goal the creation of an economic impact of more than 50 trillion yen by 2033, more than double the current level.
Specifically, in addition to strengthening the expansion of digital content to overseas, the plan includes expanding inbound tourism throughout Japan through high value-added tourism products that utilize nature and cultural assets.
The 2025 Osaka Expo, Kansai, Japan will be held next year (2025), and is expected to attract 3.5 million foreign visitors to Japan over its duration. The Expo 2025 is seen as a great opportunity to showcase not only Japanese technology but also Japan's charms to the world, since various events are expected to be held also outside the venue, exchanges with local governments will occur, and foreign visitors will also travel to various parts of Japan outside of Osaka and the Kansai region.
[References]
IP Promotion Plan 2024
https://www.kantei.go.jp/jp/singi/titeki2/chitekizaisan2024/pdf/siryou2.pdf
IP Promotion Plan 2024 (Summary)
https://www.kantei.go.jp/jp/singi/titeki2/chitekizaisan2024/pdf/siryou1.pdf
New Cool Japan Strategy
https://www.kantei.go.jp/jp/singi/titeki2/chitekizaisan2024/pdf/siryou4.pdf
New Cool Japan Strategy (Summary)
https://www.kantei.go.jp/jp/singi/titeki2/chitekizaisan2024/pdf/siryou3.pdf
Design Application Trends Survey: Macro Survey
On May 13, 2024, the “Survey of Design Application Trends” for 2023 was published on the JPO website. Since design application trends are closely related to economic conditions and corporate activities, the results of the analysis of design application information are useful information when considering design applications, design development, and brand building.
In this article we introduce a part of the survey with the main focus on trends in design applications in Japan and design applications from Japan to foreign countries.
Change in the number of design registrations filed with the JPO
Change in the number of design registrations filed with the JPO (by country of residence)
Fields containing many registrations at the JPO
Number of design registrations of the top 20 design registrants by name and country (or region) of residence (2022)
Number of design registrations with the JPO
LG Electronics Inc. has the highest number, followed by Panasonic IP Management, Mitsubishi Electric, Kokuyo, and KONINKLIJKE PHIILPS NV (Netherlands).
Number of design registrations with the USPTO
Nike Inc has the highest number, followed by LG Electronics Inc, Apple Inc, Samsung Electronics Co Ltd, and DELTA FAUCET COMPANY. Among Japanese companies, Mitsubishi Electric and Fujifilm are ranked 15th and 19th, respectively.
Number of design registrations with the EUIPO
Nike Inc has the highest number, followed by PRADA SpA, Rieker Schuh AG, PIERRE BALMAIN SAS, and KONINKLIJKE PHIILPS N V. Japanese companies are not ranked.
Number of design registrations with the CNIPA and KIPO (figures omitted)
Japanese companies are not ranked.
JPO Publishers “Learning from Case Studies: A Guide to Trademark Use”, a Collection of Examples of Trademark Use
On June 4, 2024, the JPO updated the list of the Parties to the Madrid Protocol.
Qatar (Country Code: QA) will be added as of August 3, 2024. Qatar is the 115th country to be added as a party since the addition of Mauritius on May 6, 2023.
The following is an overview of the registration of international trademarks under the Madrid Protocol.
What is an International Registration?
International registration refers to the international registration of a trademark based on the Madrid Protocol (and the Madrid Agreement). An international application under the Madrid Protocol is an application method whereby an international registration is obtained for a trademark by filing an international application with the International Bureau of the World Intellectual Property Organization (WIPO), and rights equal to a national registration can be obtained in each designated country.
Advantages and Important Points
[Benefits]
- Simplified procedures: If an international application is used, it is possible to obtain trademark rights in the designated countries simply by submitting an application in one place.
- Reduction of application fees: Unless Office Actions are issued, there is no need to appoint a local agent.
- Subsequent designation: Designated countries can be added even after international registration. Additional countries can be added flexibly according to business development.
[Important Points]
- A basic application/basic registration is required: The existence of a basic application/basic registration is necessary for international registrations.
- Scope of designated goods/services: The scope of designated goods/services for an international registration cannot exceed that of the basic application. As this is a system were procedures are carried out without going through a local representative who is familiar with the trademark system of the relevant country, care must be taken to ensure that no omissions are made in the protection of the right by appropriately indicating the designated goods/services, etc.
- Examination in each country: Even though these are international applications, examination is conducted in each designated country, and the decision to grant trademark rights is left to the patent office (trademark office) of each country.
[Reference Diagram]
https://www.jpo.go.jp/system/trademark/madrid/seido/madopro_beginner.html
[See also]
https://www.jpo.go.jp/system/trademark/madrid/madopro_kamei.html