table of contents
(1) Introduction
As one poet once wrote, "Toys are a child's first introduction to art, and even more so, the first realization of art," toys can be said to be the tools of dreams that shape the childhood of a boy or girl. Even as adults, toys continue to be a form of entertainment that fascinates us, and there is a depth to them that cannot be described simply as "mere toys." Toys that babies come into contact with also play an important role in their intellectual and educational development, enriching their emotional and social development.
In recent years, the domestic toy industry has been shrinking slightly due to the declining birthrate, changes and diversification of consumer tastes, and the industry as a whole being easily influenced by public sentiment. However, in 2018, the domestic market recorded its highest sales in the past 18 years, thanks to the popularity of card games and trading cards such as "Yu-Gi-Oh! Official Card Game" and "Pokemon Card Game," as well as girls' toys such as surprise toys and girls' characters, and has regained vitality since hitting rock bottom in 2009, giving a sense of the strength of the toy industry. Furthermore, it seems that demand is expected to grow in the future for toys that incorporate high-tech technology, reissues of analog toys, and toys for seniors.
”HARAKENZO more " So, we have created this page to support the intellectual property activities of everyone in the toy industry, which supports Japan. We hope that this article will be helpful to those who are considering filing a design application.
(2) Toy designs
I believe that it is very important for toys to attract and captivate general consumers. In particular, toys for children must leave such an intuitive impression. One of the important factors that influences that impression is "design." Excellent product design will be recognized by the public as the "face" of the toy company.
However, because a design is a visible "external feature," unlike something like a patent, which is difficult to imitate at first glance, there is a good chance that a design will be easily copied at a glance, and this is also a weak point of design.
The right to protect such designs and give them exclusive use so that others cannot copy them is called a "design right."
Below are some examples of designs obtained by toy manufacturers in Japan.
★Toy top
Group E (hobby and recreational products and sports equipment)
(Takara Tomy Co., Ltd., Registered Design No. 1538616)
★Transformable toys
Group E (hobby and recreational products and sports equipment)
(Bandai Co., Ltd., Registered Design No. 1453138)
★Toy house
Group E (hobby and recreational products and sports equipment)
(Epoch Co., Ltd., Registered Design No. 1449207)
(3) Rights can be protected not only for the whole toy, but also for "parts" of the toy.
Design rights are protected for the entire product. However, if a third party uses a toy that has a distinctive design in a certain part, but only imitates that distinctive part, but does not resemble the toy as a whole, the design right will not be in effect against the third party.
In order to avoid such a situation, in addition to registering the design of the entire toy, it is possible to register only a part of the design as a "partial design." This means that a design right can be obtained for a toy that has a distinctive feature in a certain part only.
Below is an example of a partial design obtained by a Japanese toy manufacturer (the solid line indicates the scope of the partial design rights).
★Game console
Group E (hobby and recreational products and sports equipment)
(Bandai Co., Ltd. and With Co., Ltd., Registered Design No. 1325908)
★Doll
Group E (hobby and recreational products and sports equipment)
(Nintendo Co., Ltd., Registered Design No. 1515141)
★ Clock-shaped toy (The part other than the light red colored part is within the scope of partial design rights.)
Group E (hobby and recreational products and sports equipment)
(Bandai Co., Ltd., Registered Design No. 1541881)
(4) Toys that resemble automobiles, bullet trains, etc.
In principle, a design right is a right to protect one design per one article. For example, only the combination of "Lamborghini design" for "article: automobile" can be protected.
The designs of cars and bullet trains are often used as model toys. For example, even if a toy manufacturer sells a toy car that imitates the "Lamborghini design," the design rights that the car manufacturer has acquired for the car do not extend to the design rights of the toy. (*It is possible to crack down on this under the Unfair Competition Prevention Act and other laws.)
★Example of automobiles
(Lamborghini)
Toy Cars
(Maserati)
Passenger cars
★ Example of Shinkansen (JR East)
Toy train
In the case of the Shinkansen, JR companies also protect the "item: toy train" with design rights.
When selling toys based on the designs of vehicles such as cars or bullet trains, care must be taken even if the original design and the actual item are different.
(5) It’s too late once counterfeit products start circulating overseas
Once a toy becomes a big hit, counterfeit products may flow into Japan from abroad, especially from East Asia, and be sold in Japan. In addition, design and trademark applications are often already filed locally.
After facing such a situation, even if you finally try to protect your rights overseas, you will find it extremely difficult, so we strongly recommend that you simultaneously obtain design rights in Japan and file design applications in other countries. If you are considering expanding overseas, please feel free to consult with us.
Designs are handled in various ways in advanced intellectual property countries such as Europe and the United States, as well as in East Asian and Southeast Asian countries and other countries in recent years. Each country has its own know-how regarding the method of design registration, so please feel free to consult us on this point.
In addition, since Japan joined the Hague Agreement in 2015, it has become possible to use the international design registration system. By using the international design registration system, you can enjoy the same effects as filing applications in multiple countries with a single application, and you can reduce the burden in terms of both procedures and costs.
For more information about the international design registration systemCLICK HEREPlease fill in the fields below.
(XNUMX)”HARAKENZO more " Supports the toy industry
In the toy industry, differentiating yourself from your competitors with unique designs is a major business strategy, but if your intellectual property is not properly protected, pirated versions of your designs can easily be circulated, and you will have to take measures to prevent this from happening at the border.
For this reason, you may find yourself in a situation where you are forced to be aware of intellectual property rights issues.”HARAKENZO more " We are prepared to do our utmost to protect the intellectual property of everyone in the toy industry. Please feel free to contact us.