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Japanese Design Law
Japanese design law is determined by the . Under this Act, only registered designs are legally protected, and it stipulates the procedure for obtaining a design registration in the Japan Patent Office. The protection for unregistered design is provided by . The Act amended in 2019 to expand its scope of protections of graphic images and interior and exterior designs of the architectures, to extend the protection term to 25 years from the filing date, and to accept multiple designs filings. Definitions A design is defined as the following subject matters "which creates an aesthetic impression through the eye";Design Act
Article 2(1) (English translations are based on the act before amendment)
* the shape, patterns or colors, or any combination thereof, of an article (including a part of an article), ...
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Registered Designs
{{Use dmy dates, date=April 2022 The Commonwealth of Australia's ''Designs Act 2003'' replaced the ''Designs Act 1906''. The legislation assists in the protection of the overall appearance of a product resulting from one or more visual features of the product. Although there are some overlaps, the Designs Act is not applicable when defending the functional innovations of a product. In common law, ''Firmagroup Australia Pty Ltd v Byrne & Davidson Doors'' (1987) 180 CLR 483, supports this. Firmagroup Australia Pty registered a design for a ‘combination handle and lock for shutter doors’. The innovative product was copied by Byrne & Davidson, and Firmagroup sued for infringement on design. The High Court held that the ‘combination handle and lock for shutter doors’ was ‘an idea of shape or configuration’, which is ‘conveyed by those features’, was ‘too general to attract statutory protection’. The Court then restricted the monopoly to the specific, individual appeara ...
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Japan Patent Office
The is a Japanese governmental agency in charge of industrial property right affairs, under the Ministry of Economy, Trade and Industry. The Japan Patent Office is located in Kasumigaseki, Chiyoda, Tokyo and is one of the world's largest patent offices. The Japan Patent Office's mission is to promote the growth of the Japanese economy and industry by administering the laws relating to patents, utility models, designs, and trademarks. Copyright affairs are administered by the Agency for Cultural Affairs. The current Commissioner of the JPO is Koichi Hamano. Organization The Japan Patent Office is headed by a commissioner and consists of seven departments: * General Affairs Department * Trademark, Design, and Administrative Affairs Department, in charge of examining trademark right applications, design right applications and formalities check of all applications including patent applications * First Patent Examination Department, examining patent applications related to ap ...
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Design Right
An industrial design right is an intellectual property right that protects the visual design of objects that are purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form containing aesthetic value. An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft. Under the Hague Agreement Concerning the International Deposit of Industrial Designs, a WIPO-administered treaty, a procedure for an international registration exists. To qualify for registration, the national laws of most member states of WIPO require the design to be novel. An applicant can file for a single international deposit with WIPO or with the national office in a country party to the treaty. The design will then be protected in as many member countries of the treaty as desired. Design rights started in the United King ...
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Ministry Of Justice
A Ministry of Justice is a common type of government department that serves as a justice ministry. Lists of current ministries of justice Named "Ministry" * Ministry of Justice (Abkhazia) * Ministry of Justice (Afghanistan) * Ministry of Justice (Albania) * Ministry of Justice and Solicitor General of Alberta * Ministry of Justice (Algeria) * Ministry of Justice (Andorra) * Ministry of Justice (Angola) * Ministry of Justice and Legal Affairs (Antigua and Barbuda) * Ministry of Justice and Human Rights (Argentina) * Ministry of Justice (Armenia) * Ministry of Justice, Security and Integration (Aruba) * Ministry of Justice (Austria) * Ministry of Justice (Azerbaijan) * Ministry of Justice (Bahrain) * Ministry of Law, Justice and Parliamentary Affairs (Bangladesh) * Ministry of Justice of the Republic of Belarus * Ministry of Justice (Benin) * Ministry of Justice and Institutional Transparency (Bolivia) * Ministry of Justice (Bosnia and Herzegovina) * Ministry of Justice and Publ ...
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Intellectual Property
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in the majority of the world's legal systems."property as a common descriptor of the field probably traces to the foundation of the World Intellectual Property Organization (WIPO) by the United Nations." in Mark A. Lemley''Property, Intellectual Property, and Free Riding'', Texas Law Review, 2005, Vol. 83:1031, page 1033, footnote 4. The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goo ...
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Patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder mus ...
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Copyright
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial righ ...
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Trademark
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III of England, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on "intent-to-use", creating an examination based process, an ...
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Design
A design is a plan or specification for the construction of an object or system or for the implementation of an activity or process or the result of that plan or specification in the form of a prototype, product, or process. The verb ''to design'' expresses the process of developing a design. In some cases, the direct construction of an object without an explicit prior plan (such as in craftwork, some engineering, coding, and graphic design) may also be considered to be a design activity. The design usually has to satisfy certain goals and constraints; may take into account aesthetic, functional, economic, or socio-political considerations; and is expected to interact with a certain Environment (systems), environment. Typical examples of designs include architectural drawing, architectural and engineering drawing, engineering drawings, circuit diagrams, Pattern (sewing), sewing patterns and less tangible artefacts such as business process models. Designing People who produce designs ...
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Intellectual Property High Court
The Intellectual Property High Court (, ''Chiteki-zaisan kōtō-saiban-sho''), sometimes abbreviated IPHC, is a special branch of Tokyo High Court in the judicial system of Japan. It is based in Kasumigaseki, a district in Chiyoda Ward in Tokyo, Japan. The Intellectual Property (IP) High Court was established on 1 April 2005,IP High Court web site''History'', consulted on 12 January 2008. in order to accelerate and reduce the costs of patent litigation in Japan. The IP High Court hears appeals from district courts in Japan on patent actions and suits against appeal/trial decisions made by the Japan Patent Office (JPO).The IP High Court is also the exclusive court of appeals on issues such as: the rights of authors of a computer program, utility model rights, and integrated circuit layout design protection. References Further reading * Katsumi Shinohara''Outline of the Intellectual Property High Court of Japan'' AIPPI The International Association for the Protection of Intell ...
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Japanese Patent Law
Japanese patent law is based on the first-to-file principle and is mainly given force by the of Japan. Article 2 defines an invention as "the highly advanced creation of technical ideas utilizing the law of nature". English translation The definitive version of Japanese law is the text in the Japanese language. An official English-language translation of the law does not exist, but the Ministry of Justice Japan has the website "Japanese Law Translation", where one can search for Japanese laws and their unofficial English translation. Intellectual property (IP) laws such as Patent Act, Copyright Act, Trademark Act, Design Act and Unfair Competition Prevention Act are included there. In addition, the Industrial Property Digital Library (IPDL) offers public access to IP Gazettes of the Japan Patent Office (JPO) free of charge through the Internet. Reliable information on Japanese IP law in English is also provided by the websites of Intellectual Property High Court, Japan Pate ...
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Japanese Copyright Law
consist of two parts: "Author's Rights" and "Neighbouring Rights". As such, "copyright" is a convenient collective term rather than a single concept in Japan. Japan was a party to the original Berne convention in 1899, so its copyright law is in sync with most international regulations. The 1899 law protected copyrighted works for 30 years after the author's death. Law changes promulgated in 1970 extended the duration to 50 years (or 50 years after publication for unknown authors and corporations). However, in 2004 Japan further extended the copyright term to 70 years for cinematographic works. At the end of 2018, as a result of the Trans-Pacific Partnership negotiations and a requirement stemming from the EU–Japan Economic Partnership Agreement., the 70 year term was applied to all works. This new term was not applied retroactively; works that had entered the public domain between 1999 and 29 December 2018 (inclusive) due to expiration remained in the public domain. English tran ...
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