Category: blog

Episode 18 It is possible to apply for design registration for three-dimensional shapes, and it is also possible to apply for registration as a three-dimensional trademark. Since design rights are creations resulting from human mental activity, registration requires novelty and creatability, and the term of the right is limited (25 years from the application date).…

Episode 17 Intangible property rights (intellectual property rights) include rights to creations that are the result of human mental activity and rights to goodwill (Basic Jurisprudence 3: Property, p. 281, “Intangible Property Rights” by Nakayama Nobuhiro). Creations that are the result of human mental activity include patent rights, utility model rights, and design rights. Rights to…

Episode 16 It has been pointed out that the Stockinette Knitting Machine Case (Supreme Court, Grand Court Decision, Case No. 28, 1967 (Gyo-Tsu), March 10, 1976; Minshu Vol. 30, No. 2, p. 79) and the Chetwa Case (Supreme Court, Third Petty Court Decision, Case No. 37, 1988 (Gyo-Tsu), April 23, 1991; Minshu Vol. 45, No.…

Episode 15 The Kilby decision (Supreme Court, 1998 (O) No. 364, April 11, 2000, Third Petty Bench, Minshu Vol. 54, No. 4, p. 1368) ruled that the infringement court can determine whether or not there is a reason for invalidation of a patent, and that if there is a reason for invalidation, a claim for…

Episode 14 Even if a trademark or design is not registered, it is possible to seek an injunction or damages for infringement under the Unfair Competition Prevention Act. However, while the hurdle for proving the requirements for an injunction or damages under the Unfair Competition Prevention Act is high, the existence of a trademark right…

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…

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…

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…

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…

Episode 9 In recent years, the number of trademark registration applications has been on the rise, with approximately 60% of applications being filed by individuals and small and medium-sized enterprises. However, the number of unregistered cases after registration assessment is also increasing. Furthermore, approximately 80% of claims are successful in non-use cancellation trials (Article 50…