table of contents
(1) Introduction
Of course it's fun to watch sports, but it's also fun to experience them yourself.
Driven by the growing health consciousness among consumers, jogging, which has gained full citizenship, and trekking and mountain climbing, which have even given rise to the buzzword "mountain girl," are booming. Also, going to the gym has now become a daily routine.
And although the Tokyo Olympics and Paralympics were postponed, they were held in 2021. The sporting goods industry will continue to grow.
”HARAKENZO more " has created this page to support those in the sporting goods industry and to let them know about the "know-how" of design registrations that are specific to the industry.
(2) Functional beauty can also be design.
It goes without saying that the functionality of sports equipment is important in order to demonstrate its performance, but did you know that the design that expresses that functionality is subject to protection under the Design Act? Of course, if the function of sports equipment is the creation of a technical idea that utilizes the laws of nature, it will be protected as an invention by patent law. On the other hand, if the design that expresses the function is the shape of the article and evokes a sense of beauty through the visual sense, it may be subject to protection under the Design Law.
These days, functional tights are often worn by jogging enthusiasts. This is also a registered design.
Group B (clothing and personal items)
(Wacoal Co., Ltd. Registered Design No. 1385835)
In cases where it would be difficult to infringe on a patent right for a counterfeit product with inferior functionality by receiving protection under the Design Act, it would be difficult to infringe on a patent right by receiving protection under the Design Act as a design. There are cases where countermeasures can be effective.
(3) Appropriate scope of rights
If the creative value of a design is only in one part, it is a good idea to file an application as a partial design for the original and distinctive part of the design.
Group E (hobby entertainment goods and athletic goods)
(Karsten Manufacturing Corporation Registered Design No. 1509476)
What is the value of the design being created? Should it be a whole design or a partial design? Also, what are the differences from previous designs? How can I register a design? It is the job of a professional patent attorney to determine this.
As professionals, we will identify the important parts of the design and make the necessary proposals to our customers.
(4) Design rights have a long cycle
The term of a design right is as long as 25 years from the filing date.
Once a hit product is released and becomes a long-seller, the benefits for your company are immeasurable.
Group B (clothing and personal items)
(Oakley Incorporated Registered Design No. 1298885)
However, even if your hit product becomes a long-seller, if you try to obtain design rights after it goes on sale, you may not be able to receive protection due to the registration requirements of the Design Act.
Please feel free to contact us even if you are in the product concept stage.
(5) Support for design registration applications overseas
The sporting goods industry is now doing active business not only in Japan but also overseas.
Please feel free to contact us if you wish to expand your business overseas.
For example, health consciousness is increasing in Asian countries as well. Designs are handled in various ways in various countries, including East Asia including China, Southeast Asia, and South Asia. We also have the necessary know-how in each country regarding how to register a design, so please feel free to contact us regarding this matter.
Furthermore, since 2015, Japan has joined the Hague Agreement, making it possible to use the international design registration system. By using the international design registration system, you can enjoy the same benefits as filing in multiple countries with one application, and you can reduce the burden in terms of both procedures and costs.
For more information about the international design registration system here.Please fill in the fields below.
(6)”HARAKENZO more ” supports everyone in the sporting goods industry
Sporting goods is an industry that consumers often come into contact with on a daily basis, and when a hit product appears, it is easy for counterfeit products to be distributed.
Therefore, those in the sporting goods industry may find themselves faced with situations where they have no choice but to be aware of intellectual property rights issues. more " is prepared to do its utmost to protect the intellectual property of those in the sporting goods industry. Please feel free to contact us for further information.