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Japanese Design Law and Practice by RADEMACHER

Japanese Design Law and Practice

Edited by Christoph Rademacher, Tsukasa Aso


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Max Planck Series on Asian Intellectual Property Law Volume 18

About this book:

Japanese Design Law and Practice is the only book in English that provides a detailed overview and discussion of product design protection and practice under Japanese law. Japan is a significant hub of product design, and Japanese designs have made their mark in the world across a wide range of industries. The book features an analysis of the design law (including the far-reaching 2020 amendments) and how it has been applied by Japanese courts and the Japan Patent Office. A unique feature of the book is that it includes not only an examination of the design law by legal experts but also a discussion of design protection from the perspective of Japanese designers.

What’s in this book:

The contributing authors provide in-depth analysis and expansive description of Japanese design law – including with detailed explanatory figures and tables – and cover a range of key issues, including:

  • ownership of design rights;
  • requirements for design protection;
  • application process for design registration;
  • examination procedure;
  • appeals and invalidity trials;
  • design infringement and scope of protection;
  • overlap of design and other intellectual property rights;
  • design protection and competition law;
  • international jurisdiction and governing law; and
  • design rights and commercial transactions.

Eight industry-specific chapters address the application of design law to furniture, home appliances, cell phones, cars, advertising, product packaging, websites and typeface designs. The final chapter highlights the distinctive features of Japanese design law and compares them with the European Union Community design protection system. 

How this will help you:

Japanese design experts often note a lack of understanding of Japanese design law and practice by their foreign clients. This book will appeal to both law firm practitioners and in-house counsel involved in the management of global design right portfolios and design protection in Japan. It will also be welcomed by intellectual property scholars and product designers interested in Japanese design practice and law.

Publish Date 12/15/2020
Product Line Kluwer Law International
ISBN 9789403506418
SKU 10070178-0002
Table of Contents



Preface and Acknowledgements

Table of Abbreviations and Acronyms

List of Figures

List of Tables

CHAPTER 1    History of Japanese Design Law and Relevant International Instruments
Mayoko Nakano, Kumi Takada & Masanori Yabumoto

CHAPTER 2    Purpose of the Design Law System and the Definition of ‘Design’ under the Design Act
Tsukasa Aso

CHAPTER 3    Ownership of Design Rights
Tatsuyuki Suemune

CHAPTER 4    Similarity of Designs
Nao Nakatsuji

CHAPTER 5    Requirements for Design Protection
Etsuko Yoshida

CHAPTER 6    Application Process for Design Registration
Nao Nakatsuji

CHAPTER 7    Special Design Registration Systems
Asuka Gomi

CHAPTER 8    Trials and Appeals
Kodai Kimura

CHAPTER 9    Design Infringement and Scope of Protection
Kensuke Murata

CHAPTER 10    International Jurisdiction and Governing Law
Christoph Rademacher

CHAPTER 11    Design Protection and Competition Law
Kazuhiko Fuchikawa

CHAPTER 12    Overlap of Protection under the Design Act and Other Intellectual Property and Related Laws
Tsukasa Aso

CHAPTER 13    Design Rights and Commercial Transactions
Kodai Kimura

CHAPTER 14    Design of Furniture Used in Public Spaces
Naoshige Akita

CHAPTER 15    Home Appliance Design
Yoshitaka Sugimoto

CHAPTER 16    Cell Phone Design
Nobu Miake

CHAPTER 17    Car Design
Yasushi Kato

CHAPTER 18    Advertising Design
Toshifumi Saito

CHAPTER 19    Product Packaging Design
Masahiro Kiyosumi

CHAPTER 20    Web Design
Kiriko Toh

CHAPTER 21    Typeface Design
Shigenobu Fujita

CHAPTER 22    Noteworthy Features of Japanese Design Law from the Perspective of European Law
Tsukasa Aso & Christoph Rademacher