Expansion of the Applicability for the Protection of Screen Designs and Modifications to the Requirements for Filing Applications for the Similar Design by the Same Person.
We would like to hereby inform you that recently the Japanese Design Law has been revised and from April 1st of this year the area covered by the Design Protection Law has expanded.
The significant areas for the expansion of the articles protected are:
Broadening of the coverage of screen design protection
Modifications to the requirements for the filing of applications for the similar design by the same person and if the application is not made on the same day there is the possibility to make use of a related design procedure.
Please refer to the following details
Expansion of the Applicability for the Protection of Screen Designs
(1) Heretofore “only the images that are absolutely necessary for the formation of an article” have been protected and although items such as the time displays on liquid crystal clocks, the selection menus and so on shown on the front page of mobile phones have been designated as protected articles, the images used in the operation of the aforementioned articles, for example the screen displaying the address book feature on a mobile phone, and other display features related to the equipment shown on screen display designs, have been outside the jurisdiction of the Design Protection Law.
(2) However, according to this revision, certain articles that relate to screens on operating features other than the first menu screen, such as the designs for the display screens on recording time-setting devices for recording and playback equipment for video discs, television monitors that can be used simultaneously, or the design of display screens on other items such as the screen displaying the address book feature on mobile phones, have been newly added as articles for design protection.
In addition, according to the revision, the design of display screens for business software or game software that are sold independently of the main product, are not included as articles for protection.
Example of a Newly Protected Screen Design (Magnetic disc recorder)
The operational feature of the magnetic disc recorder shown on the TV screen
Modifications to the Requirements for Filing Applications for the Similar Design by the Same Person
(1) Regarding the protection of mutually similar designs, heretofore Article 9 of the Design Law (prior application) has made it an exception to protect related designs and enable the exercise of rights for each design, limited to the case whereby the same applicant files the application on the same day.
(2) The revision this time has modified the part of the law regarding related designs which have been accepted only when applications are made on the same day. The revision limits the registration of related design applications to the period up until the day that the application of first design is laid-open as a first publication.
This revision simplifies the usage of the system for related designs in that it is not limited to the case whereby variations of a design are created during the same time frame, but also accepts the protection of design rights for design variations that are additionally developed after watching market acceptance or trends after the initial design is put on the market.
Other Revised Points
- In addition to the above points, the following points have also been revised.
Extension of the period for the continuation of design rights (heretofore 15 years from registration - revised to 20 years from registration) - Concretization of the range of similarity of designs
(Concretized that judgment of similarity is made not by the creator of the design but from the viewpoints of consumers) - Article 3, item 2 of the Design Law (Modification to the application of the policy regarding applications made by the same person)
- Revision to the protection of the confidentiality of designs
(The request of confidentiality is approved not only at the time of filing the application but also at the time of paying the registration fee) - Revision of the applicability of the policy regarding cases other than the loss of novelty (increased to 30 days from the period of filing a written representation)
Please contact us if you have any queries regarding the above matters.
We will be happy to answer your questions.