Explanation of intellectual property rights
What is intellectual property?
Article 1 of the Patent Act states:
"The purpose of this Act is to encourage inventions and to contribute to the development of industry by promoting the protection and utilization of inventions."
Inventions and utility models would be kept secret to prevent theft if not properly protected by the system. However, this would make it difficult for inventors to effectively utilize them, and others would conduct wasteful research and investment attempting to invent the same things. The intellectual property rights system aims to grant exclusive rights to inventors for a certain period, thereby disclosing and utilizing inventions, further promoting the advancement of new technologies, and contributing to industrial development.
What are design rights?
Intellectual property rights include patent rights, utility model rights, design rights, and trademark rights. SYRINX holds numerous intellectual property rights, including patents, design rights, and trademarks, with design rights being the most numerous. A design right is a right that protects designs such as patterns, colors, building shapes, and images. It arises when an application is filed with the Japan Patent Office and registered after examination. This column will delve deeper into design rights.
Regarding design right infringement
Design right infringement refers to the act of selling, importing, or renting products that have the same or similar design as a registered design without the permission of the design right holder, despite the existence of exclusive design rights. Acts of design right infringement are prohibited by the "Design Act."
So, when does design right infringement occur?
A major misunderstanding is that protection is not limited to designs that are exactly the same as the registered design. Design rights extend to similar designs.
Examples of design rights
There have been cases where Hitoe Fold, which has acquired many intellectual property rights, has taken action based on those intellectual property rights. Hitoe Fold has applied for two patents and five design rights to protect its core ideas and designs. For example, the figure below shows Design Registration 1659079, which was registered to protect the basic structure of the wallet. The dotted lines are not included in the application; only the red-colored part is registered. This is a method called partial design registration.
What is a partial design?
"This amendment was made to protect designs related to parts of articles, because ingenious imitations that incorporate original and distinctive parts while avoiding infringement with the overall design were increasing, making it impossible to sufficiently protect such investments." (Edited by Japan Patent Office, "Commentary on Industrial Property Law (Industrial Property Rights Law)")
Examples considered similar
As mentioned earlier, design rights protect not only identical designs but also similar designs. In many cases, the determination of similarity is a major point of contention. Therefore, the Patent Office has provided several guidelines, some of which are introduced here. For example, consider changing the stitching method and the size and shape of the cut-out portion in the aforementioned Design Registration 1659079.
｜Stitching method
Both the current stitching method and methods where the leather at the edges is wrapped around or stitched internally rather than externally are common and easily conceivable techniques.
"Parts with common shapes, etc., have relatively little impact."
(Japan Patent Office, Examination Guidelines for Designs and Examination Practice, p. 49)
Thus, even if the current stitching finish is changed to another common method, it may still be judged as similar.
｜Size and shape of the cut-out portion
"Differences in size have almost no impact if they are within the common range in the field to which the design belongs."
(Japan Patent Office, Examination Guidelines for Designs and Examination Practice, p. 50)
Thus, it is highly likely that differences in the size of the cut-out portion will be deemed similar. In this particular case, the cut-out is not included in the registered portion, so differences in shape and size are not considered.
In fact, regarding the aforementioned Design Registration 1659079, there was a case where action was taken under Article 37 of the Design Act against a similar product scheduled for crowdfunding by another company, leading to the cancellation of its planned sale.
Finally
In addition to patents and design rights, laws and rights that protect designs include the Unfair Competition Prevention Act and copyright. Furthermore, infringement of intellectual property rights may be subject not only to civil penalties such as damages but also to criminal penalties. Therefore, it is necessary to conduct thorough investigations when developing products. To prevent damages from intellectual property right infringement and contribute to further market development, SYRINX publicly lists over 60 intellectual property rights it holds and has applied for, making it easy for third parties to conduct investigations.