Article 1The purpose of this Act is, through promoting the protection and the utilization of designs, to encourage creation of designs, and thereby to contribute to the development of industry.

Article 2(1)"Design" in this Act means the shape, patterns or colors, or any combination thereof, of an article (including a part of an article, the same applies hereinafter except in Article 8), which creates an aesthetic impression through the eye.

(2)The shape, patterns or colors, or any combination thereof, of a part of an article as used in the preceding paragraph includes those in a graphic image on a screen that is provided for use in the operation of the article (limited to the operations carried out in order to enable the article to perform its functions) and is displayed on the article itself or another article that is used with the relevant article in an integrated manner.

(3)"Working" of a design in this Act means the manufacturing, using, assigning, leasing, exporting or importing, or offering for assignment or lease (including displaying for the purpose of assignment or lease, the same applies hereinafter) of an article to the design.

(4)"Registered design" in this Act means a design for which a design registration has been granted.

Article 3(1)A creator of a design that is industrially applicable may be entitled to obtain a design registration for the design, except for the following:

(2)Where, prior to the filing of the application for design registration, a person ordinarily skilled in the art of the design would have been able to easily create the design based on shape, patterns or colors, or any combination thereof that were publicly known in Japan or a foreign country, a design registration may not be granted for such a design (except for designs prescribed in any of the items of the preceding paragraph), notwithstanding the preceding paragraph.

Article 3-2Where a design in an application for design registration is identical with or similar to part of a design described in the statement in the application and drawing, photograph, model or specimen attached to the application of another application for design registration which has been filed prior to the date of filing of the application and published after the filing of the application in the design gazette pursuant to Article 20, paragraph (3) or Article 66, paragraph (3) (hereinafter referred to in this Article as the "earlier application"), a design registration may not be granted for such a design, notwithstanding paragraph (1) of the preceding Article; provided, however, that this does not apply where the applicant of the application and the applicant of the earlier application are the same person and the application was filed before the date when the design gazette in which the earlier application was published pursuant to Article 20, paragraph (3) (except for a design gazette in which the matters listed in Article 20, paragraph (3), item (iv) were published pursuant to Article 20, paragraph (4)) was issued.

Article 4(1)In the case of a design which has fallen under item (i) or (ii) of Article 3 , paragraph (1) against the will of the person having the right to obtain a design registration, such a design is deemed not to have fallen under item (i) or (ii) of Article 3, paragraph (1) for the purposes of Article 3, paragraphs (1) and (2) for any design in an application for design registration which has been filed by the person within six months from the date on which the design first fell under either of those items.

(2)In the case of a design which has fallen under item (i) or (ii) of Article 3, paragraph (1) as a result of an act of the person having the right to obtain a design registration (excluding those which have fallen under item (i) or (ii) of Article 3, paragraph (1) by being published in a gazette relating to an invention, utility model, design or trademark), the preceding paragraph also applies for the purposes of Article 3, paragraphs (1) and (2) to any design in an application for design registration which has been filed by the person within six months from the date on which the design first fell under either of those items.

(3)Any person seeking the application of the preceding paragraph must submit to the Commissioner of the Patent Office, at the time of filing of the application for design registration, a document stating that the person is seeking the application and, within thirty days from the date of filing of the application for design registration, a document proving the fact that the design which has otherwise fallen under Article 3, paragraph (1), item (i) or (ii) is a design to which the preceding paragraph (referred to as a "certificate" in the following paragraph) may be applicable.

(4)Notwithstanding the preceding paragraph, where the person is unable to submit the certificate within the time limit as provided in the paragraph, due to cause not attributable to the person,, the person may submit to the Commissioner of the Patent Office the certificate within 14 days (where overseas resident, within two months) from the date on which the cause ceased to be applicable, but not later than six months following the expiration of the time limit.

Article 5Notwithstanding Article 3, the following designs may not be registered.

Article 5-2(1)A person who has the right to obtain a design registration may grant a provisional non-exclusive license of the design right to be obtained based on the right to obtain a design registration to a third person within the scope of a design stated in the application for design registration and depicted in the drawing, or represented in the photograph, model or specimen attached to the application or a design similar thereto.

(2)Where a design right has been registered for its establishment with regard to the application for design registration pertaining to the provisional non-exclusive license under the preceding paragraph, a non-exclusive license is deemed to have been granted with regard to the design right to a person who has the provisional non-exclusive license to the extent permitted by the contract granting the provisional non-exclusive license.

(3)The provisions of Article 33, paragraphs (2) and (3), Article 34-3, paragraphs (4), (6), (8) through (10) and Article 34-5 of the Patent Act (Act No.121 of 1959) apply mutatis mutandis to a provisional non-exclusive license.In this case, the term "Article 46, paragraph (1)" in Article 34-3, paragraph (8) of the Patent Act is deemed to be replaced with "Article 13, paragraph (2) of the Design Act," the term "Article 46, paragraph (2) of the Patent Act with regard to an application for design registration pertaining to a provisional non-exclusive license under Article 5-2, paragraph (1) of the Design Act (Act No.125 of 1959)" in Article 34-3, paragraph (9) of the Patent Article is deemed to be replaced with "Article 13, paragraph (1) of the Design Act with regard to a patent application pertaining to a provisional non-exclusive license under paragraph (1) or (4) of the preceding Article."

Article 6(1)A person requesting a design registration must submit to the Commissioner of the Patent Office an application stating the following matters and a drawing depicting the design for which registration is requested:

(2)Where so provided by an Order of the Ministry of Economy, Trade and Industry, the applicant may submit photograph, model or specimen representing the design for which the registration is requested, in lieu of the drawing in the preceding paragraph. In this case, the applicant must indicate in the application which among photograph, model and specimen is submitted.

(3)When neither the statement of the article subject to the design required under paragraph (1), item (iii), nor the drawing, photograph or model attached to the application would enable a person ordinarily skilled in the art to which the design pertains to understand the material or size of the article, and by this reason such a person would not be able to recognize the design, the material or size of the article to the design must be specified in the application.

(4)Where the shape, patterns or colors of the article subject to the design is changeable based on the function possessed by the article, if the applicant intends to request a design registration of the shapes, patterns or colors, or a combination thereof as it appears before, during and after the change, the applicant must state such an intention and include an explanation of the relevant function of the article in the application.

(5)Where colors of the design are applied to the drawing, photograph or model to be submitted pursuant to paragraph (1) or (2), the applicant may omit the application of colors to either black or white.

(6)When the applicant omits to apply color to either black or white pursuant to the preceding paragraph, the applicant must state thereof in the application.

(7)Where the applicant submits the drawing depicting the design pursuant to paragraph (1) or the photograph or model representing the design pursuant to paragraph (2), if the whole or part of the article to the design is transparent, the applicant must state thereof in the application.

Article 7An application for design registration must be filed for each design in accordance with a classification of articles as provided by an Order of the Ministry of Economy, Trade and Industry.

Article 8Where two or more articles are used together and are specifically designated by an Order of the Ministry of Economy, Trade and Industry (hereinafter referred to as a "Set Articles") if the Set Articles is coordinated as a whole, an application for design registration may be filed as one design.

Article 9(1)Where two or more applications for design registration have been filed for identical or similar designs on different dates, only the applicant who filed the application for design registration on the earliest date may be entitled to obtain a design registration for the design.

(2)Where two or more applications for design registration have been filed for identical or similar designs on the same day, only one applicant, who was selected by consultations between the applicants who filed the applications, is entitled to obtain a design registration for the design. Where no agreement is reached by consultations or consultations are unable to be held, none of the applicants is entitled to obtain a design registration for the design.

(3)Where an application for design registration has been waived, withdrawn or dismissed, or where the examiner's decision or appeal and trial decision to the effect that an application for design registration is to be refused has become final and binding, the application for design registration, for the purpose of the preceding two paragraphs, is deemed never to have been filed; provided, however, that this does not apply to the case where the examiner's decision or appeal and trial decision to the effect that the application for design registration is to be refused has become final and binding on the basis that the latter sentence of the preceding paragraph is applicable to that application for design registration.

(4)In the case of paragraph (2), the Commissioner of the Patent Office must order the applicants to hold consultations as specified under paragraph (2) and to report the result thereof, designating an adequate time limit.

(5)Where no report under the preceding paragraph is submitted within the time limit designated pursuant to that paragraph, the Commissioner of the Patent Office may deem that no agreement under paragraph (2) has been reached.

Article 9-2Where, after the registration establishing a design right, it is found that an amendment made to any statement in the application (excluding the statements listed in items (i) and (ii) of Article 6, paragraph (1) and the statement made pursuant to Article 6, paragraph (2), the same applies to Article 17-2, paragraph (1) and Article 24, paragraph (1)) or to the drawing, photograph model or specimen attached to the application has changed the gist thereof, the application for design registration is deemed to have been filed at the time of submission of the written amendment of proceedings therefor.

Article 10(1)Notwithstanding Article 9, paragraph (1) or (2), an applicant for design registration may obtain design registration of a design that is similar to another design selected from the applicant's own designs either for which an application for design registration has been filed or for which design registration has been granted (hereinafter the selected design is referred to as the "Principal Design" and a design similar to it is referred to as a "Related Design"), if the filing date of the application for design registration of the Related Design (or when the application for design registration of the Related Design contains a priority claim under Article 43, paragraph (1), 43-3, paragraph (1) or 43-3, paragraph (2) of the Patent Act as applied mutatis mutandis under Article 15 of this Act, the filing date of the earliest application, the filing date of an application that is deemed to be the earliest application pursuant to Article 4.C (4) of the Paris Convention for the Protection of Industrial Property of March 20, 1883, as revised at Brussels on December 14, 1900, at Washington on June 2, 1911, at Hague on November 6, 1925, at London on June 2, 1934, at Lisbon on October 31, 1958, and at Stockholm on July 14, 1967, or the filing date of an application that is recognized as the earliest application pursuant to Article 4. A (2) of the Paris Convention, hereinafter the same applies in this paragraph) is on or after the filing date of the application for design registration of the Principal Design and before the date when the design gazette in which the application for design registration of the Principal Design is published pursuant to Article 20, paragraph (3) (except for a design gazette in which the matters listed in Article 20 , paragraph (3), item (iv) were published pursuant to Article 20, paragraph (4)) is issued.

(2)Where an exclusive license has been established for the design right of the Principal Design, a design registration may not be granted to its Related Designs, notwithstanding the preceding paragraph.

(3)A design registration may not be granted to a design that is similar only to a Related Design to be registered pursuant to paragraph (1).

(4)Where applications for design registration are filed for two or more Related Designs pertaining to the Principal Design, the provisions of Article 9 paragraph (1) or (2) do not apply to these Related Designs.

Article 10-2(1)An applicant for design registration may extract one or more new applications for design registration out of a single application for design registration containing two or more designs only while examination, appeal and trial or retrial of the application for design registration is pending.

(2)Where an application for design registration is divided under the preceding paragraph, the new application for design registration is deemed to have been filed at the time of the filing of the original application; provided, however, that this does not apply for the purposes of applications of Article 4, paragraph (3) of this Act and Articles 43, paragraphs (1) and (2) of the Patent Act as applied mutatis mutandis under Article 15 of this Act (including the cases where they are applied mutatis mutandis pursuant to Article 43-3, paragraph (3) of the Patent Act as applied mutatis mutandis pursuant to Article 15, paragraph (1) of this Act).

(3)Where a new application for design registration is filed under paragraph (1), any statements or documents which have been submitted in relation to the original application for design registration and are required to be submitted in relation to the new application under Article 4, paragraph (3) of this Act and Articles 43, paragraphs (1) and (2) of the Patent Act as applied mutatis mutandis pursuant to Article 15 of this Act (including the cases where they are applied mutatis mutandis pursuant to Article 43-3, paragraph (3) of the Patent Act as applied mutatis mutandis pursuant to Article 15, paragraph (1) of this Act) are deemed to have been submitted to the Commissioner of the Patent Office along with the new application for design registration.

Article 11Deleted

Article 12Deleted

Article 13(1)An applicant of a patent may convert the patent application into an application for design registration; provided, however, that this does not apply after the expiration of three months from the date the certified copy of the examiner's initial decision to the effect that the patent application is to be refused has been served.

(2)An applicant of a utility model registration may convert the application for a utility model registration into an application for design registration

(3)Where the period provided in Article 121, paragraph (1) of the Patent Act is extended pursuant to Article 4 of the Act, the period provided in the proviso to paragraph (1) is deemed to have been extended only for that period so extended.

(4)Where an application is converted under paragraph (1) or (2), the original application is deemed to have been withdrawn.

(5)When there is a person who has a provisional exclusive license on a patent application, an applicant of the patent may convert the patent application pursuant to paragraph (1) only in the case where the consent of the person is obtained.

(6)The provisions of Articles 10-2, paragraphs (2) and (3) apply mutatis mutandis to the case of conversion of an application under paragraph (1) or (2).

Article 13-2(1)An international application that has been deemed to be a patent application pursuant to Article 184-3, paragraph (1) or 184-20, paragraph (4) of the Patent Act may be converted to an application for design registration, only after the fees payable pursuant to Article 195, paragraph (2) of the Act have been paid (or, in the case of an international application that is deemed to be a patent application pursuant to Article 184-20, paragraph (4) of the Act, after the ruling as provided in 184-20, paragraph (4) has been rendered), and, in the case of a Patent Application in Japanese Language under Article 184-6, paragraph (2) of the Act, the procedures under Article 184-5, paragraph (1) of the Act have been completed, or, in the case of a Patent Application in Foreign Language under Article 184-4, paragraph (1) of the Act, the procedures under Articles 184-4, paragraph (1) or (4) and 184-5, paragraph (1) of the Act have been completed.

(2)An international application that has been deemed to be an application for utility model registration under Article 48-3, paragraph (1) or 48-16, paragraph (4) of the Utility Model Act (Act No. 123 of 1959) may be converted to an application for design registration, only after the fees payable under Article 54, paragraph (2) of the Act have been paid (or, in the case of an international application that is deemed to be an application for utility model registration under Article 48-16, paragraph (4) of the Act, after the ruling as provided in Article 48-16, paragraph (4) has been given), and, in the case of a Utility Model Application in Japanese under Article 48-5, paragraph (4) of the Act, the procedures under Article 48-5, paragraph (1) of the Act have been completed, or, in the case of a Utility Model Application in Foreign Language under 48-4, paragraph (1) of the Act, the procedures under Articles 48-4, paragraph (1) or (4) and 48-5, paragraph (1) of the Act have been completed.

Article 14(1)An applicant for design registration may request that the design be kept in secret for a period designated in the request of no more than three years from the date of the registration establishing the design right.

(2)A person filing a request under the preceding paragraph must submit to the Commissioner of the Patent Office, at the time of filing of the application for design registration or payment of registration fee for the first year under Article 42, paragraph (1), a document stating the following:

(3)The applicant for design registration or the holder of design right may request extension or reduction of the period for which the secrecy is requested pursuant to paragraph (1).

(4)The Commissioner of the Patent Office must disclose the design for which the secrecy is requested under paragraph (1) to persons other than the holder of the design right, when:

Article 15(1)The provisions of Articles 38 (Joint Applications), 43, paragraphs (1) through (4), (8) and (9) ( Priority Claim Procedures under the Paris Convention) and Article 43-3 (Priority Claims as under the Paris Convention) of the Patent Act apply mutatis mutandis to applications for design registration.In this case, the term "within the time limit provided by Order of Ministry of the Economy, Trade and Industry" in Article 43, paragraph (1) of the Act is deemed to be replaced with "at the time of filing of the application for design registration", the term "within one year and four months from the earliest of the following dates" in Article 43, paragraph (2) is deemed to be replaced with "within three months from the date of filing of the application for design registration", the terms "a person who have received a notice under paragraph (6)" and "the preceding paragraph" in Article 43, paragraph (8) are deemed to be replaced with "a person who submits documents under paragraph (2)" and "the paragraph", respectively, and the term "the preceding two articles" in Article 43-3, paragraph (3) of the Act is deemed to be replaced with "Article 43".

(2)The provisions of Article 33 and Article 34, paragraphs (1), (2) and (4) through (7) of the Patent Act (right to obtain patent) apply mutatis mutandis to the right to obtain the design registration.

(3)The provisions of Article 35 (excluding except the part pertaining to a provisional exclusive license) (inventions by employees) of the Patent Act apply mutatis mutandis to creation of a design by an employee, an officer of a corporation, or a national or local government employee.

Article 16The Commissioner of the Patent Office must have an examiner examine applications for design registration.

Article 17The examiner must render a decision to reject the application for design registration where the application for design registration falls under any of the following:

Article 17-2(1)Where an amendment made to any statement in the application, or to the drawing, photograph, model or specimen attached to the application has changed the gist thereof, the examiner must dismiss the amendment by a ruling.

(2)The ruling dismissing an amendment under the preceding paragraph must be made in writing and state the reasons therefor.

(3)Where the ruling dismissing an amendment under the preceding paragraph (1) has been rendered, the examiner must not render a decision on the application for design registration before the expiration of three months from the date on which a certified copy of the ruling has been served.

(4)Where an applicant for design registration files a request for appeal against an examiner's ruling dismissing an amendment under paragraph (1), examination of the application for design registration must be suspended until the appeal and trial decision becomes final and binding.

Article 17-3(1)Where an applicant for design registration files a new application for design registration for the amended design within three months from the date on which a certified copy of the ruling dismissing an amendment under paragraph (1) of the preceding Article has been served, the new application is deemed to have been filed at the time when the written amendment of proceedings for the amendment was submitted.

(2)Where a new application for design registration is filed under the preceding paragraph, the original application for design registration is deemed to have been withdrawn.

(3)The provisions of the preceding two paragraphs apply only when the applicant for design registration has submitted to the Commissioner of the Patent Office, at the time of the filing of a new application, a document stating a request for the application of paragraph (1) to the new application for design registration under paragraph (1).

Article 17-4(1)The Commissioner of the Patent Office may, upon request or ex officio, extend the period provided for in paragraph (1) of the preceding Article for a person in a remote area or an area with transportation difficulty.

(2)The chief administrative judge may, upon request or ex officio, extend the period provided for in paragraph (1) of the preceding Article as applied mutatis mutandis under Article 50, paragraph (1) (including its application under Article 57, paragraph (1)) for a person in a remote area or an area with transportation difficulty.

Article 18Where no reason for refusal is found for an application for design registration, the examiner must give a decision to the effect that a design registration is to be granted.

Article 19The provisions of Article 47, paragraph (2) (Qualifications of Examiners), Articles 48 (Exclusion of Examiners), 50 (Notice of Grounds for Rejection), 52 (Formal Requirements for Examiner's Decision) and 54 (In Relation to Litigation) of the Patent Act apply mutatis mutandis to examination of applications of design registration.

Article 46(1)A person who has received an examiner's decision to the effect that an application is to be refused and is dissatisfied may file a request for an appeal against a rejection within three months from the date the certified copy of the examiner's decision has been served.

(2)Where, due to reasons beyond the control of the person, the person is unable to file a request for appeal against a rejection within the time limit as provided in the preceding paragraph, the person may, notwithstanding the paragraph, file the request within 14 days (where overseas resident, within two months) from the date on which the reasons ceased to be applicable, but not later than six months following the expiration of the time limit.

Article 47(1)A person who has received an examiner's decision to dismiss an amendment prescribed in Article 17-2, paragraph (1) and is dissatisfied may file a request for an appeal against dismissal of request for correction within three months from the date on which the certified copy of the examiner's decision has been served; provided, however, that this does not apply where a new application for design registration prescribed in Article 17-3, paragraph (1) has been filed.

(2)The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to a request for appeal against dismissal of request for correction.

Article 48(1)Where a design registration falls under any of the following, a request for invalidation trial of design registration may be filed.

(2)Any person may file a request for invalidation trial of design registration; provided, however, that where a request for invalidation trial of design registration is filed on the ground that the design registration falls under item (i) of the preceding paragraph (limited to cases where the design registration is obtained in violation of Article 38 of the Patent Act as applied mutatis mutandis under Article 15, paragraph (1) of this Act) or item (iii) of the preceding paragraph, only a person who has the right to obtain a design registration pertaining to the design registration may file a request for invalidation trial of design registration.

(3)A request for invalidation trial of design registration may be filed even after the lapse of the design right.

(4)Where a request for invalidation trial of design registration has been filed, the chief administrative judge must notify the exclusive licensee of the design right and other persons who have any registered rights relating to the design registration.

Article 49Where a trial decision to the effect that a design registration is to be invalidated has become final and binding, the design right is deemed never to have existed; provided, however, that where a design registration falls under paragraph (1), item (iv) of the preceding Article and where a trial decision to the effect that the design registration is to be invalidated has become final and binding, the design right is deemed not to have existed from the time the item first became applicable to the design registration.

Article 50(1)Article 17-2 and Article 17-3 apply mutatis mutandis to an appeal against a rejection.In this case, the term "three months" in Article 17-2, paragraph (3) and 17-3, paragraph (1) is deemed to be replaced with "thirty days," and the term "files a request for an appeal against" in Article 17-2, paragraph (4) is deemed to be replaced with "institutes, under Article 59, paragraph (1), an action against."

(2)The provisions of Article 18 apply mutatis mutandis where a request for appeal against a rejection is found to have reasonable grounds; provided, however, that this does not apply where a trial decision is made to order a further examination to be carried out pursuant to Article 161, paragraph (1) of the Patent Act as applied mutatis mutandis under Article 52.

(3)The provisions of Article 50 (notice of reasons for refusal) of the Patent Act apply mutatis mutandis where a reason for refusal which was not contained in an examiner's decision is found in appeal against a rejection.

Article 51Where appeal decision is made to rescind an examiner's ruling in appeal against dismissal of request for correction, the decision made in the appeal decision binds upon the examiner with respect to the case.

Article 52The provisions of Article 131, paragraphs (1) and (2), Articles 131-2 (excluding items paragraphs(1), item (iii) and paragraph (2), item (i)) through134, 135 through154, 155, paragraphs (1) and (2), 156, paragraphs (1), (3) and (4), Articles 157, 158, 160, paragraphs (1) and (2), Articles 161, and 167 through170 (request for appeal and trial, administrative judge, procedures of appeal and trial, relation to litigation and costs of appeal and trial) of the Patent Act apply mutatis mutandis to appeal and trial.In this case, the term ", in appeal and trial other than invalidation trial, notify" in Article 156, paragraph (1) is deemed to be replaced with "notify" the term "appeal against a rejection" in Article 161 and the term "appeal against a rejection and correction trial" in Article 169, paragraph (3) of the Act is deemed to be replaced with "an appeal against a rejection and appeal against dismissal of request for correction."

Article 53(1)A party or an intervenor may file a request for a retrial against a final and binding trial decision.

(2)The provisions of Article 338, paragraphs (1) and (2), and Article 339 (Grounds for retrial) of the Code of Civil Procedure (Act No.109 of 1996) apply mutatis mutandis to a request for a retrial under the preceding paragraph.

Article 54(1)Where a demandant for a trial, in conspiracy with the demandee, has caused the trial decision to be rendered for the purpose of harming the right or interest of a third party, the third party may file a request for a retrial against the final and binding trial decision.

(2)A request for a retrial under the preceding paragraph must be filed against the demandant and the demandee in the trial as joint demandees.

Article 55(1)Where a design right pertaining to an invalidated design registration has been restored by a retrial, the design right is not effective against any article to the registered design or a design similar thereto, which was imported into or manufactured or acquired in Japan without knowledge, after the trial decision became final and binding but before the registration of the request for a retrial.

(2)Where a design right pertaining to an invalidated design registration has been restored by a retrial, that design right is not effective against the following acts conducted after the trial decision became final and binding but before the registration of the request for a retrial:

Article 56Where a design right pertaining to an invalidated design registration has been restored through a retrial or where the establishment of a design right with respect to an application for design registration refused by a trial decision has been registered through a retrial, and where a person has, without knowledge, been working the design or a design similar thereto in Japan or has, without knowledge, been making preparations therefor, after the trial decision became final and binding but before the registration of the demand for a retrial, the person has a non-exclusive license on the design right, to the extent of the design and the purpose of the business worked or prepared.

Article 57(1)The provisions of Article 50 , paragraphs (1) and (3) apply mutatis mutandis to a retrial against a final and binding trial decision in appeal against a rejection.

(2)The provisions of Article 51 apply mutatis mutandis to a retrial against a final and binding trial decision in appeal against an examiner's ruling dismissing an amendment.

Article 58(1)The provisions of Articles 173 and 174, paragraph (5) of the Patent Act apply mutatis mutandis to a retrial.

(2)The provisions of Articles 131, paragraph (1), the main clause of Article 131-2, paragraph (1), Article 132, paragraphs (3) and (4), Articles 133, 133-2, 134, paragraph (4),Articles 135 through 147, 150 through152, 155, paragraph (1),Article 156, paragraphs (1), (3) and (4), Articles 157, 158, 160, the main clause of Article 167-2,Articles 168, 169, paragraph (3) through (6), and Article 170 of the Patent Act apply mutatis mutandis to a retrial against a final and binding trial decision in appeal against a rejection.In this case, the term "appeal against a rejection and a trial for correction" in Article 169, paragraph (3) of the Act is deemed to be replaced with "appeal against a rejection."

(3)The provisions of Articles 131, paragraph (1), the main clause of Article 131-2, paragraph (1), Article 132, paragraph (3) and (4),Articles133, 133-2, 134, paragraph (4), 135 through 147, 150 through152, 155, paragraph (1), Article 156, paragraphs (1), (3) and (4), 157, the main clause of Articles 167-2, 168, 169, paragraphs (3) through (6), and Article 170 of the Patent Act apply mutatis mutandis to a retrial against a final and binding appeal and trial decision in appeal against dismissal of request for correction.In this case, the term "appeal against a rejection and correction trial" in Article 169, paragraph (3) of the Act is deemed to be replaced with "appeal against dismissal of request for correction."

(4)The provisions of Article 174, paragraph (3) of the Patent Act apply mutatis mutandis to retrial against a final and binding trial decision in invalidation trial of design registration

Article 59(1)The Tokyo High Court has exclusive jurisdiction over any action against appeal and trial decision, a ruling dismissing an amendment under Article 17-2, paragraph (1) as applied mutatis mutandis under Article 50, paragraph (1) (including its application under Article 57, paragraph (1)), and a ruling to dismiss a written request for appeal and trial or a retrial.

(2)The provisions of Articles 178, paragraph (2) through (6) (Statute of limitations for filing an action), 179 (Appropriate party as defendant), 180, paragraph (1) (Notice of institution of action) and 180-2 through 182 (Opinion of the Commissioner of the Patent Office in litigation rescinding the appeal and trial decision, rescission of the appeal and trial decision or ruling and delivery of original copy of judgment) of the Patent Act apply mutatis mutandis to an action under the preceding paragraph.In this case, the term "necessary for identifying claims pertaining to an action with respect to which" in Article 182, item (ii) is deemed to be replaced with "stating that".

Article 60(1)A persons who has received an award under Article 33, paragraph (3) or (4) may, if not satisfied with the amount of the compensation determined in the award, institute an action demanding an increase or decrease of the amount.

(2)The provisions of Articles 183, paragraph (2) (Statute of Limitations for Filing an Action) and 184 (The Proper Defendant) of the Patent Act apply mutatis mutandis to an action under the preceding paragraph.

Article 60-2The provisions of Article 184-2 (Connection between administrative Objection and Litigation) of the Patent Act apply mutatis mutandis to an action demanding the rescission of dispositions imposed by this Act or an order thereunder (excluding dispositions prescribed in Article 68, paragraph (7)).

Article 60-24A person undertaking a procedure with regard to an application for design registration, a request or any other procedures relating to design registration, may make amendments only while the case is pending in examination, appeal and trial or retrial.

Article 61(1)The following matters must be registered in the design registry maintained in the Japan Patent Office:

(2)The design registry may be prepared, in whole or in part, in the form of magnetic tapes (including other storage media using a similar method that may record and reliably store certain matters, the same applies hereinafter.)

(3)Beyond those prescribed in this Act, matters relating to registration will be prescribed by Cabinet Order.

Article 62(1)The Commissioner of the Patent Office issues the certificate of design registration to the holder of the design right where the establishment of a design right has been registered or transfer of the design right has been registered based on the request under Article 26-2, paragraph (1).

(2)Re-issuance of the certificate of design registration is prescribed by Order of the Ministry of Economy, Trade and Industry.

Article 63(1)Any person may file a request with regard to design registrations to the Commissioner of the Patent Office to issue a certificate, a certified copy of documents or an extract of documents, to allow the inspection or copying of documents, model or specimen, or to issue documents which contain matters recorded on the magnetic tapes that constitute the part of the Design Registry; provided, however, that if the Commissioner of the Patent Office considers it necessary to keep the documents, model or specimen confidential, these provisions do not apply to the following documents, model or specimen:

(2)Where the Commissioner of the Patent Office approves of the request under the main clause of the preceding paragraph with regard to the documents, model or specimen as provided in items (i) through (v) of the paragraph, the Commissioner of the Patent Office must notify the person who submitted the documents, model or specimen thereof and reasons therefor.

(3)The provisions of the Act on Access to Information Held by Administrative Organs (Act No. 42 of 1999) do not apply to the documents concerning design registrations and the part of the Design Registry stored on magnetic tapes.

(4)The provisions in Chapter IV of the Act on Protection of Personal Information Possessed by Administrative Organs (Act No. 58 of 2003) do not apply to the possessed personal information (refers to the possessed personal information as provided in Article 2, paragraph (3) of the Act) recorded in the documents concerning design registrations and the part of the Design Registry stored on magnetic tapes.

Article 64A holder of a design right, exclusive licensee or non-exclusive licensee must make efforts to place a mark (hereinafter referred to as a "mark of design registration ") as provided by an Order of the Ministry of Economy, Trade and Industry, on the article to the registered design or a design similar thereto or package thereof, indicating that the design for the article has been registered.

Article 65Any person may not do the following acts:

Article 66(1)The Japan Patent Office publishes the Design Gazette (Isho Koho).

(2)Beyond the matters provided for in this Act, the Design Gazette must contain:

(3)Beyond the matters provided for in the preceding paragraph, with regard to an application for design registration for which an examiner's decision or appeal and trial decision to the effect it is to be refused under the latter sentence of Article 9, paragraph (2) have become final and binding, the following matters must be published in the Design Gazette.In this case, if secrecy was requested pursuant to Article 14, paragraph (1) for any of those applications, with regard to all of those applications, the matters prescribed in item (3) below must be published without delay after the lapse of the period designated pursuant to Article 14 , paragraph (1) (in the case where secrecy was requested for two or more applications, the period which is the longest among the periods of secrecy requested for the applications) from the date the examiner's decision or appeal and trial decision became final and binding.

Article 67(1)The following persons must pay fees in an amount to be provided by Cabinet Order in view of the actual costs:

(2)The persons listed in the center column of the attached table must pay fees in the amount as provided by Cabinet Order within the range of the amounts specified in the corresponding right-hand column of the table.

(3)The provisions of the two preceding paragraphs do not apply where the person to pay the fee in accordance with these paragraphs is the State.

(4)Where the State has joint ownership of a design right or a right to obtain a design registration with a person other than the State, and the portion of their respective shares of the right has been agreed, notwithstanding the provisions of paragraph (1) or (2), the fees payable thereunder (limited to those provided by Cabinet Order) must be determined as the sum of the provided fees multiplied by the ratios of the shares of each person other than the State, and, the person other than the State must pay the amounts.

(5)Where the amount of the fees calculated pursuant to the preceding paragraphs has a figure of less than ten yen, the number must be rounded down.

(6)The payment of the fees under paragraphs (1) and (2) must be made by patent revenue stamps as provided by an Order of the Ministry of Economy, Trade and Industry; provided, however, that where so provided by an Order of the Ministry of Economy, Trade and Industry, a cash payment thereof is acceptable.

(7)Fees paid in excess or in error are refunded upon the request of the person who made payment thereof.

(8)No request for a refund of the fees under the preceding paragraph may be filed after one year from the date on which the payment thereof has been made.

(9)Notwithstanding paragraph (7), where, due to reasons beyond the control of a person who files request for refund of fees under the paragraph, the person is unable to file the request within the time limit as provided in the preceding paragraph, the person may file the request within 14 days (where overseas resident, within two months) from the date on which the reasons ceased to be applicable, but not later than six months following the expiration of the time limit.

Article 68(1)The provisions of Articles 3, 4 and 5, paragraphs (1),and (2) (Time Periods and Dates) of the Patent Act apply mutatis mutandis to time periods and time limits provided in this Act.In this case, the term "Articles 46-2, paragraph (1), item (iii), 108, paragraph (1), 121, paragraph (1) or 173, paragraph (1)" in Article 4 of the Patent Act is deemed to be replaced with "Articles 43, paragraph (1), 46, paragraph (1) or Article 47, paragraph (1), or Article 173, paragraph (1) applied mutatis mutandis in 58, paragraph (1) of the Design Act."

(2)The provisions of Article 6 through 9, 11 through 16, 17, paragraph (3) and 17, paragraph (4), 18 through 24 and 194 (Procedures) of the Patent Act apply mutatis mutandis to an application for design registration, a request, or any other procedures relating to design registration.In this case, the term "hearing against a rejection" in Article 9 of the Patent Act is deemed to be replaced with "request for an appeal against a rejection and appeal against dismissal of request for correction." and the term "hearing against a rejection " in Article 14 of the Patent Act is deemed to be replaced with "request for appeal against a rejection and appeal against dismissal of request for correction."

(3)The provisions of Article 25 (Enjoyment of rights by foreign nationals) of the Patent Act apply mutatis mutandis to design rights and other rights relating to the design registration.

(4)The provisions of Article 26 (Effect of Treaties) of the Patent Act apply mutatis mutandis to the design registration.

(5)The provisions of Articles 189 through 192 (Service) of the Patent Act apply mutatis mutandis to services provided for under this Act.

(6)The provisions of Article 195-3 of the Patent Act apply mutatis mutandis to dispositions imposed by this Act or an order thereunder.

(7)The provisions of Article 195-4 (Restriction on Appeals under Administrative Appeal Act) of the Patent Act apply mutatis mutandis to a ruling to dismiss an amendment, an examiner's decision, an appeal and trial decision, or a ruling to dismiss a written request for appeal and trial or retrial, or dispositions against which no appeal lies in accordance with this Act.

Article 69A person who infringe on a design right or exclusive license (excluding one who has committed any acts which are deemed to constitute infringement of a design right or an exclusive license pursuant to Article 38) is punished by imprisonment for a term not exceeding 10 years or a fine not exceeding 10,000,000 yen or combination thereof.

Article 69-2A person who has committed any acts which are be deemed to constitute infringement of a design right or an exclusive license pursuant to Article 38 is punished by imprisonment for a term not exceeding 5 years or a fine not exceeding 5,000,000 yen or combination thereof.

Article 70Any person who has obtained a design registration or appeal and trial decision by means of a fraudulent act is punished by imprisonment for a term not exceeding one year or a fine not exceeding 1,000,000 yen.

Article 71A person who fails to comply with Article 65 is punished by imprisonment for a term not exceeding one year or a fine not exceeding 1,000,000 yen.

Article 72(1)A witness, an expert witness or an interpreter who has sworn pursuant to this Act and made a false statement or given a false expert opinion or interpretation to the Japan Patent Office or the court commissioned thereby is punished by imprisonment for a term between three months and ten years.

(2)Where a person who has committed the crime in the preceding paragraph has made a voluntary confession before a certified copy of the advisory opinion on the case has been served or an examiner's decision or appeal and trial decision has become final and binding, the punishment may be reduced or exculpated.

Article 73A present or former official of the Japan Patent Office who has divulged any secret relating to a design in a pending application for design registration that has become known to them in the course of performing their duties, or misappropriated the design is punished by imprisonment for a term not exceeding one year or a fine not exceeding 500,000 yen.

Article 73-2(1)A person who fails to comply with an order given under Article 105-4, paragraph (1) of the Patent Act (including its mutatis mutandis application in Article 65, paragraph (6) of the Act to be applied mutatis mutandis in Article 60-12, paragraph (2)) as applied mutatis mutandis under Article 41 is punished by imprisonment for a term not exceeding five years or a fine not exceeding 5,000,000 yen or combination thereof.

(2)The prosecution of the crime under the preceding paragraph may not be initiated unless a complaint is filed.

(3)The provisions for the crime under paragraph (1) apply to a person who commits the crime outside Japan.

Article 74(1)Where a representative of a corporation or an agent, employee or other worker of a corporation or an individual has committed in the course of performing their duties for the corporation or individual, any act in violation prescribed in the following items, beyond the offender, the corporation is punished by a fine as provided in the corresponding item and the individual is punished by a fine as provided in the Article prescribed in the corresponding item:

(2)In the case of the preceding paragraph, the complaint filed under Article 73-2, paragraph (1) against the offender has effect on the corporation or individual and the complaint filed against the corporation or individual has effect on the offender.

(3)Where a fine is imposed on a corporation or individual pursuant to paragraph (1) with regard to a violation of Articles 69, 69-2 or 73-2, paragraph (1), the period of prescription is governed by the same rules as for crimes in the provisions thereof.

Article 75Where a person who has sworn pursuant to Article 207, paragraph (1) of the Code of Civil Procedure as applied mutatis mutandis under Article 151 of the Patent Act as applied mutatis mutandis under Article 71, paragraph (3) of the Patent Act as applied mutatis mutandis under Article 25, paragraph (3) of this Act, Articles 52, 58, paragraph (2) or (3) of this Act, or Article 174, paragraph (3) of the Patent Act as applied mutatis mutandis under Article 58, paragraph (4) of this Act has made a false statement before the Japan Patent Office or a court commissioned thereby, the person is punished by a civil fine not exceeding 100,000 yen.

Article 76A person who has been summoned by the Japan Patent Office or a court commissioned thereby in accordance with this Act, and fails to appear or refuses to swear, make a statement, testify, give an expert opinion or interpret without a justifiable reason is punished by a civil fine not exceeding 100,000 yen.

Article 77A person who has been ordered by the Japan Patent Office or a court commissioned thereby to submit or present documents or other materials for the purpose of examination or preservation of evidence in accordance with this Act and fails to comply with the order without a justifiable reason is punished by a civil fine not exceeding 100,000 yen.