August 11, 2020
[ IP News-Design/Trademark ]
Collective Application for Multiple Designs will be Enabled on April 1, 2021 (Follow-up on Revised Design Act)
The revised Design Act came into effect on April 1, 2020.
Among the revised items in the revised Design Act, the following two items, the enforcement date of which was not yet determined, will come into effect on April 1, 2021.
(Please refer to
●Collective Application for Multiple Designs
Under the current principle of “one application per design”, a design application should be directed to only one design.
As of April 1, 2021, however, it becomes possible to file a design application for the registration of multiple designs.
Please note that the examination is to be performed for each design, and the design right is to be granted for each design.
●Abolition of Article Classification Table
The “Article Classification Table” that specifies “an article to the design” included in the design application document will be abolished.
This will enable more flexible description of “an article to the design”, and it is expected that “an article to the design” will be less likely to be a reason for rejection.
We are also routinely obtaining the latest information on Design Examination Guidelines, Regulations under the Design Act, and other regulations, so that we could analyze the information to provide our clients with proper recommendations.
If you have any questions about the revised Design Act and/or any other matters, please feel free to contact the attorney concerned, Mr. Kobayakawa.
<Supplemental Information>
The outline of the revised items already enforced is as below.
1. Expansion of Scope of Designs subject to Protection
(1) Design for graphic image
Previously, graphic images were not deemed to be the designs subject to protection if they were not recorded or displayed on articles.
However, the revised Design Act has made it possible to protect graphic images not recorded or displayed on articles (such as graphic images stored in the cloud and provided through a network, and graphic images projected on walls and/or roads) as graphic image designs.
(2) Building exterior design and interior design
Previously, designs of real estates, such as buildings (including interior), were not deemed to be the designs subject to protection unless they correspond to mass-produced “fabricated houses”, or the like.
However, the revised Design Act has made it possible to protect building exterior and interior as a building exterior design and an interior design.
2. Enhancement of Related Design System
(1) Extension of application period
Previously, applications for related designs had to be filed by the date of publication of the official gazette for the principal design (in about 8 months), and such applications as related designs were not permitted upon issuance of such official gazette.
However, the revised Design Act has made it possible to file applications for related designs before a lapse of 10 years from the date of application for the principal design (for a basic design, if any, which was a primarily selected principal design).
(2) Protection of related design similar “only” to related design
Previously, registration of a related design was permitted only for a design similar to a primary design, and registration as a related design was not permitted for a design similar “only” to a related design.
However, the revised Design Act has permitted registration as a related design also for a design similar “only” to a related design, if filed within the above-described application period.
3. Others
Listed below are other revised items already enforced, for your information.
(1) Change in the duration of design rights
(“20 years from the registration date” => “25 years from the date of application”)
(2) Clarification of level of creativity
(3) Expansion of scope of indirect infringements
(4) Review of damages calculation method
(5) Expansion of scope of design for a set of articles
