2020.12.28
Revision of the Design Act in 2020 - the status of applications and registration of designs which are newly subjected to the protection
DESIGN
Revision of the Design Act in 2020 - the status of applications and registration of designs which are newly subjected to the protection
Designs of graphic images, architectures (buildings) and interior have newly come to be covered by the new Design Act enforced from April 1, 2020. Regarding the graphic images, further, although only an image recorded and displayed on an "article" was covered by the previous Design Act, the images can be covered by the revised Design Act, irrespective of whether they are recorded and displayed on the "article." Specifically, the image stored on a cloud and provided via a network and the image displayed on a wall or a road are also in the subject of design protection.
Since many people show high interest in the status of applications of designs which are newly in the subject of protection and examples of registration thereof, we would like to introduce these status based on the information provided from the Ministry of Economy, Trade and Industry.
1. The number of applications filed for designs which are newly in the subject of protection
The number of applications filed for newly covered protection target is as follows:
Graphic Images | Buildings | Interior | |
The number of applications | 450 | 204 | 132 |
(Information as of October 1, 2020)
2. Examples of registration of designs which are newly in the subject of protection
(1) Designs of building
-Design Registration No. 1671773 "Commercial building"
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(Reference) |
-Design Registration No. 1671774 "Station building"
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(2) Designs of interior
-Design Registration No. 1671152 "Interior of book store"
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-Design Registration No. 1671153 "Interior of revolving sushi shop" (conveyor belt sushi)
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(3) Designs of graphic images
-Design Registration No. 1672383 "Graphic image for displaying vehicle information"
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【 Figure of Graphic Image 】 | 【 Figure of Graphic image showing the status of 1st change 】 | 【 Figure of Graphic image showing the status of 2nd change 】 |
(Ref.) Area Marker™ (Provided by Koito Manufacturing Co., Ltd.)
【Extract of the description of the article related to the design】
This graphic image is the one projected on the road surface from the vehicle with the image projection device. This image makes it easy to visualize the existence of a vehicle from the exterior by irradiation to periphery of the vehicle upon running or stopping. Also, this image makes it easy for a driver to visualize the status of the road surface around the vehicle. When the vehicle changes the moving direction, it is projected in accordance with such change of the direction.
3. Conclusion
It was decided this time that designs of buildings and interior which have already fallen into the subject of protection in the other countries, are also covered in Japan. Recently, more and more companies try to create an additional brand value on provision of services or sale of products by selecting a distinctive design in exterior or interior of their shops and the revised Design Act meets such companies’ demands.
Regarding the graphic image design, the graphic images of apps on the cloud has come to be covered under diversity of the internet service and dramatic spread of smartphones, and further the graphic image displayed on the spot other than the article has also come to be covered by this revision with the development of the sensor technology and the projection technology, so that the legal scheme of protection matching the actual status is eventually being established.
Additionally, the application of these newly protected design, especially the design of buildings or interior, can be filed under the provision of exceptions to lack of novelty (grace period) within one year from the date of becoming public even if such buildings or interior have already been constructed. Therefore, if you have such newly protected designs which have been given up so far in Japan, please consider the possibility of registration thereof once again.
(Reference/Quotation source of images)
Japanese Patent Office, Special site for the revised Design Act in 2019
Status of application for design registration for the new subject of protection based on the revised Design Act
https://www.jpo.go.jp/system/design/gaiyo/seidogaiyo/document/isyou_kaisei_2019/shutsugan-jokyo.pdf
News release from Ministry of Economy, Trade and Industry on November 2, 2020
https://www.meti.go.jp/press/2020/11/20201102003/20201102003.html
News release from Ministry of Economy, Trade and Industry on November 9, 2020
https://www.meti.go.jp/press/2020/11/20201109002/20201109002.html