It becomes a time when consumers have more concern about the designs of products and services, the tendency makes a significant impact on the sales of such products. As exterior designs of products and user interfaces of Internet services are easily imitated, the importance of protection by registered design rights is increasing.
However, one single design right does not sufficiently protect so-called design variations, which are groups of similar designs with the same design concept.
Therefore, in Japan, a Related Design System has been established under the Design Law to protect design variations.
The advantages of this system are:
- A related design application similar to a principal design can be filed within 10 years from the filing date of the principal design. A registered related design enables the protection to cover its similarity to the principal design. However, the term of right of a related design is 25 years from the filing date of the single design that was initially selected (base design) in connection with the related design.
- A design that is similar only to a registered related design of a design variation, may be registered as a related design.
A design application filing in Japan claiming foreign priority via the Paris Convention is also applicable to this Related Design System. It may be filed within 10 years from the priority date.
In addition, related design applications registered in a foreign Country can be filed in Japan as well via the Paris Convention. Even if the design application for a principal design registered in a foreign Country is not filed in Japan, a design application based on a foreign-related design can be filed, and multiple related designs can be obtained using this design as the principal design. However, it should be noted that it cannot be registered if the principal design, or a similar design, has been made public before the priority date.
Tsubame IP Law Firm (The Asia Patent Alliance) has abundant experience and great achievement in design filing procedures from overseas in Japan, China, and South Korea. We also assist you with the filing of Patents, Utility Models, and Trademarks as well as with rights management in these Countries.
If you have any concerns with related design systems or IP matters in the aforementioned Countries, please feel free to contact us.