What Are Design Rights?
Design rights protect the aesthetic exterior appearance of articles, buildings, and images (Design Act, Article 2). A "design" means a shape, pattern, color, or combination thereof of an article (or part thereof) that creates an aesthetic impression through the eye.
The 2020 amendment expanded coverage to building exteriors/interiors and GUI/image designs.
Registration Requirements (Article 3)
| Requirement | Details |
|---|---|
| Industrial applicability | Must be mass-producible by industrial methods |
| Novelty | Not publicly known before filing |
| Creative non-obviousness | Not easily conceived by a skilled designer |
Types of Design Applications
Partial Design
Only a characteristic portion of an article may be registered, rather than the whole product.
Related Designs (Article 10)
Designs similar to a principal design may be registered as related designs, expanding the protective scope. Must be filed within 10 years of the principal design's filing date (extended by the 2020 reform).
Set Article Design (Article 8)
Multiple articles used together (e.g., dinnerware sets) may be registered as a single design.
Interior Design (Article 8-2)
Added by the 2020 reform: the entire interior of a store or office may be registered as a single design.
Protection Period
Design rights last 25 years from the filing date (Article 21, extended from 20 years from registration date by the 2020 reform).
Remedies for Infringement
- Injunction (Article 37): Stop manufacture, sale, or import of infringing products
- Damages (Article 39): Statutory presumptions ease the burden of proof
- Criminal penalties (Article 69): Up to 10 years imprisonment or ¥10 million fine
Summary
Design right registration is the most reliable way to protect product designs. Combine partial designs and related designs to maximize coverage, and consider overlapping protection under copyright law and the Unfair Competition Prevention Act.