Japanese Intellectual Property, Patent and Trademark Law Firm in Japan

1. Registration

In Japan, visible "must match" spare parts can be registered if they meet the requirement of novelty, originality and others set under Design Law.  There are no requirements in the law that the parts should be visible during 'normal use'.

Here are some examples of the registered designs of visible "must match" spare parts:

2. Protection

In Japanese Design Law there are no restrictions of the protection for spare parts, specifically automobile spare parts as the above examples. 

So-called "must match" clause has a great impact on both the automobile industry and the automobile parts industry.  In Japan we do not have such a clause in the law, therefore the industries can enjoy full protection for their parts by design rights while the repair parts industry should avoid construction of infringement.
As a threat of cheap imports from Asia has grown bigger, the protection for automobile parts can be regarded as a safeguard for Japan's key industries- the automobile industry and the automobile parts industry. 

3. Suggestion

If you would like to expand a spare parts business in Japan, do not hesitate to receive design protection.  Utilizing the partial design system or the related design system can enhance protection of your spare parts.

End of report

HIROTA, Miho
AIGI Intellectual Property Law Firm