The Ministry of Economy, Trade and Industry recently announced on its website that a Cabinet Order of 1 November 2019 had declared that the revised Design Act would come into force on 1 April 2020. This article provides a summary of the revised act's expanded scope of IP protection for building and interior designs.
The Ministry of Economy, Trade and Industry recently announced on its website that a Cabinet order of 1 November 2019 had declared that the reformed Design Act will come into force on 1 April 2020. Under the revised act, the scope of what constitutes a protectable design will be expanded; however, protection will be limited to commercial activities and not extended to using graphic images registered as designs for private activities.
Japan's patent litigation system has often been said to offer insufficient protection to patentees. As such, recent amendments to the Patent Act aim to improve the effectiveness of the patent litigation system and make it more favourable to patentees (especially small and medium-sized enterprises and start-ups) by introducing a new evidence collection system and a new methodology for calculating damages.
A recent IP High Court case concerned the cancellation of a trademark registration due to a non-exclusive licensee's improper use of the registered mark. Cases regarding cancellation based on Article 53 of the Trademark Act are rare, and cases in which requests to cancel a trademark registration on this basis are granted are even more so. As such, this case is an interesting example of how the IP High Court determines improper use of a registered trademark.
The Ministry of Economy, Trade and Industry recently announced that the Cabinet has approved the Bill for the Reform of the Patent and Design Acts, which will now be submitted to the Diet. This article provides a summary of the reformed Design Act, which has – among other things – expanded the scope of protected designs, improved the related design system and increased the duration of design rights.