table of contents
(1) Introduction
A venture company is a small or medium-sized company that develops new types of services or businesses based on innovative ideas or technologies.
As venture companies develop various businesses based on their ideas, when a product or service becomes a hit, or when it is time to further develop, what do they think they will use to protect their product or service? The things that immediately come to mind are patent rights, utility model rights, and if you have read the article on trademarks on our website, trademark rights may also come to mind. "HARAKENZO more What I would like to introduce here is design rights. When a product with a superior design is created, it can be protected by a design right.
”HARAKENZO more " We have created this page in order to support those in the venture industry, where new things are constantly being created, and to assist in the further development of businesses and the growth of companies.
(2020) Major Revision of the Design Act and Revision of Design Examination Guidelines (effective April 4)
Venture companies are active in a wide variety of fields, and I believe that with the recent advances in information technology, many of them are expanding into IT-related businesses.
In March 2020, the design examination standards were revised, and while protection previously limited to articles, images are now recognized as designs, expanding the scope of protection to include images themselves separate from articles.
For details on image designs, here.
(3) Subsidy system
Did you know that the Japan Patent Office and local governments offer a certain amount of subsidies to applicants who file overseas applications? There is a system in place that subsidizes part of the costs of filing overseas applications for small and medium-sized enterprises that are planning to expand their business overseas, within a certain annual budget.
More information about the subsidy system here.
■ Overview of Subsidies for 2 (Japan Patent Office)
A) Subsidy rate: 2% *Fee for application to foreign patent offices, domestic and local agent fees, translation fees, etc.
b) Maximum amount:
・Up to 1 million yen per company (in the case of multiple projects)
・Maximum amount per case: 1 yen for designs, trademarks, and utility models (however, up to 60 yen for counterfeit trademarks)
*Misappropriation-prevention trademark: Trademark application aimed at preventing fraudulent applications by third parties (misappropriation applications)
■ Overview of assistance provided by local governments, etc.
Local governments and other organizations have established subsidy systems for intellectual property rights in all 43 prefectures, from Hokkaido in the north to Okinawa in the south. For details, please see "Subsidy Systems by Local Governments, etc." on the Japan Patent Attorneys Association website.
■About using international applications
Due to the principle of territoriality, design rights are independent rights in each country. Therefore, even if you obtain a design right in Japan, that right does not extend to other countries. If you are expanding your business overseas, you need to obtain a design right in that country to ensure its implementation and to prevent counterfeit products. There are two ways to obtain a design right: direct application, where you apply individually to each country, and international application such as the Hague Agreement on Designs. If you use an international application, you do not need to apply for an application in each country, as with the PCT for patents and the Madrid Protocol for trademarks, so you can simplify the procedure and reduce costs. Please use it in conjunction with the subsidy system mentioned above.
For more information about the international design application system, here.
(4)”HARAKENZO more " supports venture companies
The attention given to venture companies is increasing year by year, and it is no exaggeration to say that Japan is supported by these innovative ideas and businesses. more " has established a system to do its utmost to protect the intellectual property of those in the venture industry who are driving the development of Japan and the world. Please feel free to contact us for further information.