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(1) Ensure that the products are implemented in each country to which they are exported or sold
Territoriality (the principle that the scope of application of each country's laws is limited to its own territory)
Design rights are established on a country-by-country basis, and in principle, their effect extends only to the country in which they are registered. If a design right is obtained in Japan, its effect extends only within Japan. Therefore, in order to ensure the implementation of a design in foreign countries such as China and the United States, it is necessary to obtain design rights in each of those countries.
Because design rights are established independently in each country, even if you have obtained design rights in Japan, if someone else obtains a design right in a foreign country for a design that is identical or similar to your design, if you export your product with that design right from Japan to the foreign country, it will be an infringement of the design right of the other person in that country, and you may be at risk of being sued for injunctions and damages.
Independence of national designs
Since design rights are examined* and registered in accordance with the domestic laws of each country, even if a design applied for in Japan is rejected or expires, a design applied for and registered in a foreign country will not be invalid or expire. Conversely, just because a design right is registered in Japan does not necessarily mean that it will also be registered in a foreign country.
*There are some countries in Europe where no screening is required.
(2) Eliminate counterfeit products in each country where the products are exported or sold
Even if you discover that counterfeit products are being manufactured and sold in a foreign country, if you have not obtained design rights in that country, you cannot issue an injunction based on design rights. In order to prevent such problems, it is necessary to obtain design rights in countries to which you plan to export your products and in countries where counterfeit products are on the market.