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Industrial design law in Japan

In: Design Law

Author

Listed:
  • Taketo Nasu

Abstract

An industrial design can be protected by registration but may also be protected without registration as applied artworks or for unfair competition. Not only designs of articles but also those of buildings and graphic images may be registrable. Both national and international application is available for design registration. A holder of a design right has the exclusive right to implement the registered design and designs similar thereto in the course of trade. Different terms of design rights are applicable depending on the time when the application for design rights has been filed. The number of infringement cases before the court has been very low, but the amended statutes expand the scope of acts that are deemed to constitute infringement. Infringement of design rights can be remedied by civil action (injunction and damages) as well as customs measures and criminal penalty.

Suggested Citation

  • Taketo Nasu, 2024. "Industrial design law in Japan," Chapters, in: Dana Beldiman (ed.), Design Law, chapter 7, pages 234-264, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:20722_7
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    File URL: https://www.elgaronline.com/doi/10.4337/9781800886520.00019
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    Keywords

    Law - Academic; Law - Professional;

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