– Design Law, enforced April 1, 1960, revised by Law of 1990, effective from December 1, 1990.
– Different Revisions introduced from 1998 to 2020.
– Last Revision by Law of 2023, effective within nine months from June 14, 2023.

– Paris Convention for the Protection of Industrial Property, Stockholm Act.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), effective from July 27, 1970.
– Convention Establishing the World Intellectual Property Organization (WIPO), effective from April 20, 1975.
– WTO’s TRIPS Agreement, effective from January 1, 1995.
– Locarno Agreement Establishing an International Classification for Industrial Designs, effective from September 24, 2014.
– Hague Agreement Concerning the International Registration of Industrial Designs, Geneva Act, effective from May 13, 2015.

Applicant: the same as for “Patents“.

Foreigners or nationals not living in the country: the same as for “Patents“.

Types of designs and models: (1) ordinary designs; (2) associated designs; (3) secret designs; and (4) partial designs. Partial designs include certain screen display designs for purposes of operating electronic devices such as computers.

Secret design: any applicant for design registration may request (before publication in the Design Gazette) that his/her design be kept secret for a maximum period of three years from the date of registration.

Notion of design: shape, pattern or color or a combination thereof applied to an article, a building, or a graphic image (limited to one used in the operation of a device or displayed as a result of the device performing its function, for example, Graphical User Interface), and giving rise to a particular visual impression.

Expansion of registrable subject matters: previously, only an article as a whole was valid for design registration, and not individual features of the article. In order to register a specific feature of an article, the entire article had to be registered. Following the amendments to the Japanese Design Law, a design-in-part registration is possible, targeted at specific features of an article, rather than registration of the whole article. The main advantage of owning the registration rights to a partial design is that the rights apply to any article containing a part identical or similar to the partial design, regardless of the appearance of the other parts of the article. This increases the breadth and strength of the protection, as it significantly broadens the range of articles on which rights may be enforceable. A partial design application should be filed prior to filing any design-in-whole applications. The existence of a prior design-in-whole application, which contains a similar or identical part to the partial design application, may make the later partial design application invalid unless both applications are made by the same applicant.

Expansion of registrable system designs: these refer to sets of two or more articles, buildings or graphic images that are designed to be used together, and have similar design elements. Similar design elements mean that every article, building or graphic image must have an identically shaped part or pattern. A design registration is allowed for a partial design for a set of articles, buildings or graphic images. Forty-three kinds of sets are specified as registrable, including clothing sets, beauty tool sets, and cleaning tool sets. A design for an interior filed as one design is protected by design right if the interior creates a coordinated aesthetic impression as a whole.

Higher creativity requirements: a greater degree of creativity is now encouraged in a design application. The revised Law requires that designs must be dissimilar to motifs or known designs in Japan and worldwide.

Related design system replacing the similar design system: previously, modifications of designs were protected under the "similar design system", where a design similar to a registered design was offered protection under the umbrella of the registered design. The similar design did not in itself have a scope of protection going beyond the protection offered by the registered design. The related design system now allows a group of similar designs to be registered. One of the designs must be specified the principal design, while the others become its related designs. Registration is also allowed for designs similar only to any of the related designs but not to the original principal design. The original principal design, i.e. the single design that was first selected as a principal design is called "fundamental design". The period of application for related designs is ten years from the filing date of the fundamental design. The principal design right must not have expired at the time of the registration establishing the right to its related design. Registered related designs have their own scope of protection, in the same way as a regular design, and have a right independent of the principal design. This independent right means that the related design right will not lapse, even if the principal design is subsequently nullified or abandoned.

To obtain broader protection: the design protection extends to similar designs of a registered design. Since the scope of similarity is vague, it is advisable that a related design system and a partial design system are effective to obtain the broader and stronger design protection. (1) Related design system: similar ornamental designs may be filed as related designs. Since a design similar only to a related design can be protected as another related design, chain protection of designs developed from a consistent design concept with the original design is possible. (2) Partial design: a part of a product may be registered as a partial design. The partial design right covers articles, which have same or similar part of registered partial design, even when the products are not similar as a whole. When an article has a designed part, which is worth protection, the partial design should also be filed. The filing fee of a related design application or partial design application is the same as that of a normal design application.

Unregistrable: designs which cannot be utilized in an industrial process or which are likely to be detrimental to public order, or cause confusion with another party’s goods.

Exclusion of purely functional designs: under the revised design law, a design is excluded from registration if it consists solely of a shape indispensable to the function of the article. This may include a shape that is inherent to the function of a design or a design whose shape is inherent in meeting required standards such as ISO.

Further exclusions: if a later filed design is similar in part to an earlier filed design, the later application will be rejected upon publication of the earlier filed design. This occurs regardless of whether or not both applications have the same applicant or designer. The reason for this rejection is that the later filed application is deemed as having no creativity worth protection since the later filed design is already contained in the earlier filed application.

Novelty: designs which are identical or similar to those known anywhere in the world or illustrated in a publication laid open anywhere in the world before filing an application are considered as lacking novelty and are refused. Designs, which are identical or similar to those filed by another party prior to the application, are also rejected. If a similarity exists to a known motif, the design is deemed to lack creativity and will not be registered. This therefore excludes a design that is a simple replacement of a part of a known design with another known design, or the rearrangement of a known design.

Grace period of filing: in the case of a design which is disclosed to the public by the person having the right to obtain a design registration, such as the inventor or his assignee or applicant before filing an application, the applicant must submit a document stating that the person seeks to claim exception to lack of novelty of design at the time of filing an application, which should be within twelve months from the first disclosure of the design, and a document certifying the fact of the first disclosure of the design within thirty days from the date of filing the application (effective within nine months from June 14, 2023).

Priorities: the same as for “Trademarks“. 

Hague Agreement applications: an international application designating Japan and published by the International Bureau is treated as a national application having been filed in Japan on the international registration date. Where the international application claims two designs or more, they are treated as having been filed under two separate national applications or more for examination purposes. The JPO uses Electronic Priority Document Exchange of International Design Applications through the WIPO Digital Access Service (DAS).

Territory covered: the whole territory of Japan.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney is not required for filing an application, but is required for filing an appeal against the final refusal (no legalization);
2. Certified copy of the first application, if Convention priority is claimed;
3. Name and address of the inventor(s);
4. Formal drawings (A4 size) of six views including front, rear, top plan, bottom plan, and both side views illustrated by orthographic projection. Inclusion of any elements not contributing to the composition of a design, such as hatching or stippling to indicate shading, may be permissible if appropriately specified. Photographs taken by orthographical projection can be substituted for the above six views with similar conditions applying as for inked drawings.

Filing without one or more requirements: the same as for “Patents“. If any of the six orthographical views is missing, a filing date is not given; the application is considered as being filed on the day when the missing view is completed.

Examination: as to novelty, registrability and improvement. The Examiner, in case he/she finds no reason for rejection, renders a decision for registration without publication for public inspection.

Alterations: a patent application or a utility model application may be altered to a design application. Also, an ordinary design application may be altered to an associated design application and vice versa.

Application kept secret: an application is kept secret until the design is registered.

Opposition: not provided for.

Publication: after registration, the contents of the application are published in the Official Design Gazette.

Accelerated examination and appeal examination: examination and appeal examination will be accelerated by petition if the applicant proves that an application for a design, or a similar design has already been worked by himself or his licensee, or that an unauthorized party has worked or has plans to work the design or a similar design.

Appeal: an appeal against the final decision for rejection of an application can be filed within three months of the delivery of the said decision.

Provisional registration: not provided for.

Registration: upon payment of the registration fee for the first year, the creation of a design right is registered.

Corrections: a mistake in the registration may be corrected ex officio.

Delivery of document: the same as for “Patents“.

Beginning of protection: from the date of registration.

Duration: twenty-five years from the date of application (or twenty years from the date of registration for those filed before April 1, 2021 or fifteen years for those filed before April 1, 2007). The duration for related designs is twenty-five years from the application date of the fundamental design (or twenty or fifteen years from the registration date of the principal design).

Extension: the duration may not be extended.

Annuities: the annuity for each year must be paid in advance before or on the anniversary of the date of registration.

Annuity grace period: six-month grace is granted upon payment of a fine of 100% of the amount due.

Marking of registered goods: not compulsory, but desirable.

Text of marking: “Registered Design” with the registration number.

Renewal: not possible.

Working: not compulsory.

Changes in the list of goods: not provided for.

Licenses: two kinds of licenses are provided for: (1) exclusive license and (2) ordinary (non-exclusive) license. The granting of a license for the use of a design is freely allowed provided an agreement as to the conditions for licensing is reached between the owner of the design and a third party. There need be no special relationship between the owner of the design and the third party. An exclusive license does not take effect unless recorded. Also, an exclusive license on the right to a fundamental design or on the right(s) to its related design(s) may be granted only if the exclusive licenses on the rights to the fundamental design as well as all the related designs are granted to the same person at the same time.

Assignment: the same as for “Patents“.

Right of prior user: the same as for “Patents“.

Opposition to registered designs: not provided for.

Compulsory licenses: a compulsory non-exclusive license may be granted if a design cannot be worked without making use of the registered design of another person.

Expropriation: not provided for.

Invalidation: a demand for invalidation of a registered design can be lodged at any time during the term of protection and even after the registration has lapsed.

Validation: not provided for.

Infringement and penalties: in the case of infringement, an injunction and compensation for damages may be obtained through civil suits. If a complaint is lodged, a fine of not more than 300 million Yen (on a legal entity) or 10 million Yen (on a natural person) and/or imprisonment with hard labor not exceeding ten years may be imposed through criminal proceedings. "Import" under the Design Law includes the act by a person in a foreign country of sending an article embodying the design to Japan by mail, etc. or of having a third party bring an article embodying the design into Japan. These acts may constitute design infringement when done by an unauthorized overseas vendor (from October 1, 2022).

Protection of appearance of goods under Unfair Competition Prevention Law: sales, leasing, etc., of goods imitating the appearance of goods of a third party within three years from the date of the first sales of the third party’s goods will be vulnerable to an injunction, damages, or other sanctions under the Unfair Competition Prevention Law (as amended in 1994).