Author: kazu
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Episode 13 There is a debate about whether or not applied art should be subject to overlapping application of design rights and copyright. The conventional view was that for applied art to be protected as a work of authorship, it was not enough for the expression to be recognized as creative, but that it also…
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Episode 12 In Episode 11, we explained about designs based on functional beauty. In this case, if an item that is the subject of a design registration focuses on its function, it becomes the subject of a utility model registration. In the United States, both designs and utility models are incorporated into the patent system…
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Episode 11 The Design Law stipulates “In this law, ‘design’ refers to the shape of an object, the shape of a building or a picture that evokes a feeling of beauty through the visual sense.” (Article 2, paragraph 1 of the same law) .What is this “sense of beauty”? First, there is the traditional decorative…
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Episode 10 In episode 9, we explained about trademark registration applications, but this time we will explain about appeals. Even if you file a patent, design, or trademark application and receive a decision of refusal, you can request an appeal against the decision of refusal. In appeals against decisions of refusal, approximately 70% of requests…