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Japan - Amendment of Design Law

The Japanese Design Law of 1959 was amended with effect from January 1, 1999. This is the first major amendment of the design law in 40 years. The principal features of the amendment are as follows:

1. it is now possible to obtain a design registration for a part of an article and for the uniform design of a set of articles that are used concurrently;

2. Article 10 relating to the registration of similar designs has been replaced. Under the new law two or more similar designs can be registered as related designs when an application for the principal design and an application for the related design are filed by the same applicant on the same day;

3. a design consisting solely of the shape indispensable to the function of the article is not registrable; and

4. the definition of obviousness or "creativity" has been broadened so that designs of a similar shape, color or combination of such features publicly known in Japan or any foreign country must be taken into consideration.


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© Copyright 1999 Ladas & Parry - Posted 3/28/1999
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