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Design Law in Japan
¡ Introduction of system:
(1) one application per design;
(2) an application for design of a part of article may be filed, provided that in case of claiming the priority the basic application should be an application for a partial design;
(3) a creator (or his successor) can apply for registration of his basic design and design(s) similar thereto on the same day;
(4) substantial examination is made as to novelty and creativeness;
(5) publication of a design to the public is made only after registration;
(6) duration of a design right is 15 years from the date of registration; and
(7) there are provisions for invalidation of registration.
¡ Information and documents necessary for preparing a design application:
(1) CREATOR'S NAME and ADDRESS; APPLICANT'S NAME, ADDRESS and NATIONALITY; POWER OF ATTORNEY executed by the applicant or applicant's representative in case the applicant is a corporate body;
(2) CERTIFIED COPY of the basic application filed in the first country in case an application in Japan is filed on Convention basis;
(3) CERTIFICATE(S) showing sales and displays in case an application in Japan is filed within 6 months from the date of such sales and displays, accompanied by a petition asking for applying special provisions concerning exception of loss of novelty;
(4) EXPLANATION OF USE, SIZE and MATERIAL OF ARTICLE pertaining to the design in case the article is not popular to the public;
(5) EXPLANATION for specifying transparent and/or colored portions, if any; and
(6) a set of FORMAL DRAWINGS on tracing paper, tracing cloth or white drawing paper of which size must be 29.7 cm~ 21.0 cm.
The above mentioned set includes 6 NECESSARY VIEWS, i.e. FRONT, BACK,
RIGHT and LEFT SIDE VIEWS, TOP and BOTTOM VIEWS, plus one or more
SECTIONAL or PERSPECTIVE VIEWS.
The back view may be omitted if it is identical or symmetrical with the front view.
One of right and left side views may be omitted if they are identical or symmetrical.
The bottom view may be omitted if it is identical or symmetrical with the top view.
3 views out of the 6 views and the sectional or perspective views may be omitted if the 3 views are described as being isometric drawing, cabinet projection drawing or cavalier projection drawing.
In the sectional view, there is no need for showing in detail the interior of an article pertaining to the design to be registered because the sectional view is submitted only for the purpose of good understanding of the external appearance of the article shown by the 6 views, and the structure of the interior does not affect the interpretation of the scope of protection of a registered design.
PHOTOGRAPHS (smaller than 11.0 cm ~ 17.0 cm -CABINET-) or printed computer graphics including the aforesaid views are available instead of drawings. MODELS AND SAMPLES are also available instead of drawings.
The SAME SCALE must be used in all the drawings, photographs or printed computer graphics.
We are pleased to prepare formal drawings at this end, if you supply us with the full information.
(DES99)
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