Monthly Archives: 3月 2020
日本外观设计法的部分修法
扩张保护对象(建筑和室内设计)
(1) 建筑的外观
根据现行法律,“动产”不包括建筑物;因此,它们不受外观设计专利的保护(第2(1)条)。
然而,近年来,越来越多的企业透过独特的建筑物外观,试图吸引更多顾客,或用以打造自己的品牌。因此,透过外观设计专利加以保护建筑物的外观的需求也随之增加。在美国和欧洲,建筑物的外观已受到外观设计专利的保护。
因此,本修正案在“外观设计专利”的定义中增加了“建筑物形状”,建筑物的外观设计也受到外观设计专利的保护。
(2) 室内设计(新外观设计法第8-2条)
现行法律采用的一个物品申请一个外观设计专利。且每件外观设计专利需分别申请(亦即,一件申请案中,不得于一幅图中同时申请多项外观设计专利)(第7条)。除非该外观设计专利为“一套物品的设计”(第8条)。如果多个物品可“统一为一个整体”,则可以将其作为单一外观设计专利提出申请注册。
近年来,越来越多的企业通过在店内装修中创造独特的品牌价值来提供服务和销售产品。
为保护具有外观设计专利的店铺室内设计,在本次修法时,将店铺内设备、装修(室内)等组成物品有关的设计列为外观设计专利的保护对象,可以以单项外观设计专利提出申请注册。但是,整个室内设计需具有“创造统一的美学”。
Partial Revision of the Japanese Design Law
For Expansion of the protectable Design (Architecture and Interior design)
(1) Protection of Building Exterior
Under the current law, buildings are not included in “articles (= movables)”; therefore, they are not protected by design rights (Article 2 (1)).
However, in recent years, there is an increasing number of companies which have been trying to improve the ability to attract customers and build their own brands with an unique appearance. Thus, the demand has occurred for the exterior of buildings to be protected by design as well.
In the US and Europe, the exterior of buildings is also protected by design rights.
Hence, the definition of “design” was added to “shape of building …” in this amendment, and the exterior design of the building was also protected by design rights.
(2) Protection of Interior Design (Article 8-2 of the New Design Act)
The current law adopts the idea that a design is established on one article. In addition, the principle of one application for a single design is stipulated that a design registration application must be individually made for each design (an application must not be filed with multiple designs in one drawing) (Article 7). An exception to this is the “design for a set of articles” system (Article 8), it is said that it can be filed and registered as a single design, in case multiple articles are considered to be “unified as a whole”.
In recent years, there has been an increasing number of cases in which companies provide services and sell products by creating unique brand values in their interior decoration of stores.
In order to protect the interior design of such stores with design rights, in this amendment, designs related to article which composes the equipment and the decoration (interior) inside the store can be applied and also registered as single design. However, the design can be approved only “when a unified aesthetic is created” as the entire interior.