＜Tokyo High Court＞ 1997 (Ne) 404(June 18, 1998) “Self-propelled Crane” Case

Similarity of design (Infringement case)

(Conclusion) Infringer’s design is similar to the registered design.(Design right owner won.)

This case showed the general criterion of similarity between the registered design and an infringer’s design as follows. (This criterion has been followed by the later court cases still now.)

1. Taking into consideration the nature, use and usage of the article embodying the design and the “newly created part” which is not in the prior arts,
2. Understand the most attractive parts by suppliers and users as a essential part of the design, and
3. Observe whether “common configuration aspects in the essential part”

 <Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>
https://www.ip.courts.go.jp/app/files/hanrei_en/133/002133.pdf