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AIGI Intellectual Property Law Firm

[Design] Related design system   [ Design ]

October 18, 2024
"Related design system" is a useful system for protecting variations of design that derive from single design concept.

In principle, if two or more applications for design registration have been filed for identical or similar designs on different dates, only the application that was filed on the earliest date is allowed for registration. (Design Act Article 9 (1))

However, exceptionally to the above principle, if the two or more design applications similar to one another are of the same applicant, all of them may be allowed registration by selecting one of the applications as a principal design and specifying each of remaining applications as a related design which is related to the principal design. This is the related design system. 

Requirements for registration of a related design

The requirements for registration of a related design are as follows:

1. The applicant of a related design must be the same as that of the principal design at the time of filing as well as decision of registration.

2. The related design must be similar to the principal design.

This means that it is important which design  to select as  a principal design, especially when there are three or more designs which share a  design concept.

3. The application of the related design must be filed on or after the filing date of the application of the  pricipal design and  prior to the passage of 10 years after the filing date of the application of the principal design.

This means that the principal design may be a pending application or a registered design.

4. The principal design must be alive at the time of registration of the related design (i.e. must not have been abandoned or expired).

Effect

Each of the related designs has its own scope of protection as well as the principal design. Although a single design right is vulnerable to such comperitors as being aware of the design right and change the outer shape or partial shape of the product deliberately, registering two or more designs utilizing the related design system will help expand the scope of protection. 

The Term of the right of the related design

The right of a related design shall expire 25 years from the filing date of its "principal design".

Our Comments

The related design system has become very complicated because of the revision of design act in 2020 which elongated the term a related design application may be filed to 10 years, and allows for a design which is similar only to a related design also to be registered. 

 Although it sounds superficially advantageous that 10 years are allowed for a related design application to be filed after the filing of the principal design, actually a careful consideration must be made in advance when filing a related design application when a long time period has passed from the filing of the principal design. Many things must be taken into consideration, such as the influence by the products that have been sold in the market since the filing of the principal design, and other registered related designs, if there is any.

 Therefore, we recommend that a design revision and registration of the revised design be conducted at an early stage after the filing or registration of the principal design.



Please feel free to contact us when you are interested in registering two or more designs which are similar to one another in Japan.


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