Ⅰ. Introduction In recent years, as shown in the figure below, the import of counterfeit goods for personal use has been increasing along with the development of cross-border e-commerce via the internet and international parcel post. In order to strengthen regulations on the import of counterfeit goods for personal use, the Trademark Act and Design Act […]
Overview of Revised Design Act 2019 (Effective April 1, 2020)
1. Expansion of the subjects of protection (Articles 2, 8 and 8-2) 1-1 Graphic Image Designs (Article 2) (1-1-1) Graphic Image Design itself, separated from the article (New) It is required that: (i) the subject matter be used for operation of an equipment (“Operation Image”), and/or (ii) the subject matter be displayed […]
Case of “Frozen Dessert with Container” (Design Right)
Case of “Frozen Dessert with Container” Case No. Heisei 28 (gyo-ke) 10034 Decision date: September 21, 2016 Court: IP High Court (http://www.courts.go.jp/app/files/hanrei_jp/156/086156_hanrei.pdf) 1. Background The plaintiff filed a design application with the drawings below representing the subject design as the article “Frozen Dessert”, but received a decision of rejection from the Examiner. The plaintiff filed […]
Case of “Packaging Box” (Design right)
Case of “Packaging Box” (Design right) Case No. Heisei 27 (ne) 10077 Decision date: January 27, 2016 Court: IP High Court (http://www.courts.go.jp/app/files/hanrei_jp/632/085632_hanrei.pdf) (1) Overview The plaintiff, who holds a design right for a partial design of an article “Packaging Box” (Design Registration No. 1440898; the “Design Right”), alleged against the defendant that the defendant infringes […]