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

Article 2(1)The term "design" in this Act means the shape, patterns or colors, or any combination thereof (hereinafter referred to as the "shape or equivalent features"), of an article (including a part of an article; the same applies hereinafter); the shape or equivalent features of a building (including a part of a building; the same applies hereinafter); 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, and including a part of a graphic image; hereinafter the same applies excluding paragraph (2) of the following Article, Article 37, paragraph (2), Article 38, items (vii) and (viii), Article 44-3, paragraph (2), item (vi) and Article 55, paragraph (2), item (vi)), which is aesthetically pleasing in its visual presentation.

(2)The term "working" as used in this Act with respect to a design means the following acts:

(3)The term "registered design" as used in this Act means a design for which a design registration has been made.

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

(2)If, 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 a shape or equivalent features or graphic images that were publicly known, contained in a distributed publication, or made available to the public through a telecommunications line in Japan or a foreign country, a person may not have a design registration made for that design (except for designs prescribed in any of the items of the preceding paragraph), notwithstanding the preceding paragraph.

Article 3-2If a design in an application for design registration is identical or similar to part of a design depicted 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 as the "earlier application for design registration" in this Article), a design registration may not be made for that design, notwithstanding paragraph (1) of the preceding Article; provided, however, that this does not apply if the applicant of the application and the applicant of the earlier application for design registration are the same person and the application was filed before the date when the design gazette in which the earlier application for design registration 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)To apply the provisions of Article 3, paragraph (1) and (2) to a design in an application for design registration that the person with the right to register the design has filed within one year after the day on which that design, contrary to the person's wishes, came to fall under the provisions of Article 3, paragraph (1), item (i) or (ii), the design in question is deemed not to have come to fall under the provisions of Article 3, paragraph (1), item (i) or (ii).

(2)The preceding paragraph also governs the application of the provisions of Article 3, paragraphs (1) and (2) to a design in an application for design registration that the person with the right to register the design has filed within one year after the day on which that design, due to that person's actions, came to fall under the provisions of Article 3, paragraph (1), item (i) or (ii) (excluding a design that came to fall under those items by being published in a gazette for inventions, utility models, designs or trademarks).

(3)A person seeking the application of the preceding paragraph must submit to the Commissioner of the Japan 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 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, if the person is unable to submit the certificate within the period as provided in that paragraph due to causes not attributable to the person, the person may submit the certificate to the Commissioner of the Japan Patent Office within 14 days (or, if the person is an overseas resident, within two months) from the date on which the cause ceased to exist, but not later than six months following the expiration of the period.

Article 5Notwithstanding the provisions of Article 3, the following designs may not be registered:

Article 5-2(1)A person that 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 another person within the scope of a design depicted 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)If a registration establishing design rights has been made in connection with an application for design registration to which a provisional non-exclusive license under the preceding paragraph is linked, a non-exclusive license is deemed to be granted under those design rights to the person that has that provisional non-exclusive license, to the extent permitted by the act establishing the provisional non-exclusive license.

(3)The provisions of Article 33, paragraphs (2) and (3), Article 34-3, paragraph (4), paragraph (6), paragraphs (8) through (10), and Article 34-5 of the Patent Act 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 to which a provisional non-exclusive license under Article 5-2, paragraph (1) of the Design Act (Act No.125 of 1959) is linked" 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 to which a provisional non-exclusive license under paragraph (1) or (4) of the preceding Article is linked."

Article 6(1)A person seeking a design registration must submit to the Commissioner of the Japan Patent Office an application stating the following matters accompanied by a drawing depicting the design for which registration is sought:

(2)If so provided by Order of the Ministry of Economy, Trade and Industry, the applicant may submit photographs, models, or specimens representing the design for which the registration is sought, in lieu of the drawing referred to in the preceding paragraph. In this case, the applicant must indicate in the application whether it is photographs, models, or specimens that are being submitted.

(3)If neither the statement concerning the article embodying the design or the usage of the building embodying the design that is referred to in paragraph (1), item (iii), nor the drawings, photographs, or models attached to the application would give a person ordinarily skilled in the art of the design a concept of the material or size of the article or building, and by this reason such a person would not be able to discern the design, the material or size of the article or building embodying the design must be stated on the application.

(4)If the shape, pattern, or color of an article embodying a design, the shape, pattern, or color of a building embodying a design, or a graphic image embodying a design changes due to the way the article, building, or graphic image functions, and the applicant seeks to have a design registration made for the shapes and equivalent features of the article, the shapes and equivalent features of the building, or the graphic image as it appears before, during, and after that change, the applicant must indicate this and give an explanation of that function of the article, building, or graphic image in the application.

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

(6)When the applicant omits applying the color black or white pursuant to the provisions of the preceding paragraph, the applicant must indicate this in the application.

(7)If the applicant submits a drawing depicting a design pursuant to paragraph (1) or a photograph or model representing a design pursuant to paragraph (2), and the whole or part of the article embodying the design, building embodying the design, or graphic image embodying the design is transparent, the applicant must state this in the application.

Article 7An application for design registration must be filed for each design as provided by Order of the Ministry of Economy, Trade and Industry.

Article 8A design for two or more articles, buildings or graphic images that are used together and that are specifically designated by Order of the Ministry of Economy, Trade and Industry (hereinafter referred to as a "set of articles") may be filed as one design, and obtained a design registration if the set of articles has a sense of unity as a whole.

Article 8-2A design for articles, buildings or graphic images that constitute equipment and decorations inside a store, office, and the other facilities (hereinafter referred to as "interior") may be filed as one design, and obtained a design registration if the interior creates a coordinated aesthetic impression as a whole.

Article 9(1)If 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 obtain a design registration for the design.

(2)If 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 discussions between the applicants who filed the applications may obtain a design registration for the design. If no agreement is reached by the discussion or the discussion cannot be held, none of the applicants may obtain a design registration for the design.

(3)If an application for design registration has been abandoned, withdrawn, or dismissed, or if the examiner's decision or trial or appeal decision rejecting an application for design registration has become final and binding, the application for design registration, for the purpose of applying the preceding two paragraphs, is deemed not to have been filed from the beginning; provided, however, that this does not apply to the case if the examiner's decision or trial or appeal decision to reject the application for design registration has become final and binding on the basis that the second sentence of the preceding paragraph is applicable to that application for design registration.

(4)In the case referred to in paragraph (2), the Commissioner of the Japan Patent Office must order the applicants to hold a discussion referred to in paragraph (2) and to notify the results thereof, by specifying a reasonable period of time.

(5)If no notification under the preceding paragraph is made within the period specified pursuant to that paragraph, the Commissioner of the Japan Patent Office may deem that no agreement under paragraph (2) has been reached.

Article 9-2If, after the registration establishing the design rights is made, it is found that an amendment made to the statement in the application (excluding the matters set forth in Article 6, paragraph (1), items (i) and (ii) and the matters stated pursuant to paragraph (2) of that Article; the same applies in 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 the written amendment of procedures was submitted.

Article 10(1)Notwithstanding the provisions of Article 9, paragraph (1) or (2), an applicant for design registration may have a registration made for a design that is similar to a single design which the applicant has selected either from among the applicant's own designs for which an application for design registration has been filed or from among the applicant's own registered designs (hereinafter the selected design is referred to as the "principal design" and a design similar to it is referred to as a "related design"), but only if the filing date of the application to register the related design (or, if the application to register the related design contains a priority claim under Article 43, paragraph (1), Article 43-2, paragraph (1), Article 43-3, paragraph (1) or Article 43-3, paragraph (2) of the Patent Act as applied mutatis mutandis pursuant to Article 15, paragraph (1), 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) falls on or after the filing date of the application to register the principal design, and also falls prior to the last day before the passage of 10 years' time after the filing date of the application to register the principal design; provided, however, that this does not apply if, as of the time of the registration establishing the rights to the related design, the rights to the principal design have ceased to exist pursuant to Article 44 (4), a trial or appeal decision to invalidate them has become final and binding, or they have been abandoned.

(2)To apply the provisions of Article 3, paragraphs (1) and (2) to any of the applicant's own designs that have come to fall under Article 3, paragraph (1), item (i) or (ii) and that are identical or similar to the principal design selected for the design that the applicant seeks to have registered pursuant to the preceding paragraph, those designs are deemed not to have come to fall under Article 3, paragraph (1), item (i) or (ii) with regard to the design that the applicant seeks to have registered.

(3)To apply the proviso to Article 3-2 to a design that an applicant seeks to have registered pursuant to paragraph (1), the phrase "except for a design gazette in which the matters set forth in Article 20, paragraph (3), item (iv) were published pursuant to Article 20, paragraph (4)" in the proviso to Article 3-2 is deemed to be replaced with "if the secrecy is requested for the earlier application for design registration under Article 14, paragraph (1), limited to a design gazette in which the matters set forth in Article 20, paragraph (3), item (iv) were published pursuant to the provisions of Article 20, paragraph (4)."

(4)A design that is similar only to the related design for which a design registration is granted pursuant to paragraph (1) may be granted a design registration pursuant to that paragraph by deeming the related design to be the principal design. This also applies for a design that is similar only to the related design for which it is provided that such a design registration may be granted, and for a design that is similar only to a further-removed related design which is linked to a related design for which it is provided that a design registration may be granted.

(5)In a case as referred to the preceding paragraph, to apply the provisions of paragraph (1), the term "the principal design" in that paragraph is deemed to be replaced with "the single design that was first selected in connection with the related design."

(6)If an exclusive license has been established on the design rights to the principal design, a design registration may not be granted for related designs associated with the principal design, notwithstanding the provisions of paragraphs (1) and (4).

(7)If applications to register related designs have been filed for two or more designs, each of which constitutes a related design associated with a fundamental design ("fundamental design" means the single design that was first selected in connection with a related design; the same applies hereinafter) ("related designs associated with a fundamental design" means a related design for which a fundamental design has been selected and any further-removed related design that is linked to such a related design; the same applies hereinafter), Article 9, paragraph (1) or (2) does not apply to those designs.

(8)In a case as provided in the preceding paragraph, to apply the provisions of Article 3, paragraphs (1) and (2) to any of the applicant's own designs that have come to fall under Article 3, paragraph (1), item (i) or (ii) and that are identical or similar to a related design associated with the fundamental design in question (excluding the cases in which an application to register the related design has been abandoned, withdrawn, or dismissed, the examiner's decision or trial or appeal decision rejecting the application for design registration associated with the related design has become final and binding, the rights to the related design have ceased to exist pursuant to the provisions of Article 44, paragraph (4), a trial or appeal decision to invalidate the rights to the related design has become final and binding, or the rights to the related design have been abandoned), those designs are deemed not to have come to fall under Article 3, paragraph (1), item (i) or (ii) with regard to the design that the applicant seeks to have registered pursuant to the provisions of paragraph (1).

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

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

(3)If a new application for design registration is filed pursuant to the provisions of paragraph (1), any papers 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 Article 43, paragraphs (1) and (2) of the Patent Act as applied mutatis mutandis pursuant to Article 15 of this Act (including as applied mutatis mutandis pursuant to Article 43-2, paragraph (2) of the Patent Act (including as 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) is deemed to have been submitted to the Commissioner of the Japan Patent Office along with the new application for design registration.

Article 11and Article 12 Deleted

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

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

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

(4)If an application is converted pursuant to the provisions of paragraph (1) or (2), the original application is deemed to have been withdrawn.

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

(6)The provisions of Articles 10-2, paragraphs (2) and (3) apply mutatis mutandis to the conversion of an application pursuant to the provisions of 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 Article 184-20, paragraph (4) of the Patent Act may be converted into an application for design registration, only after the fees payable pursuant to the provisions of Article 195, paragraph (2) of that Act have been paid (or, in the case of an international application that is deemed to be a patent application pursuant to the provisions of Article 184-20, paragraph (4) of the Act, after the ruling as provided in Article 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 Article 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 Article 48-16, paragraph (4) of the Utility Model Act (Act No. 123 of 1959) may be converted into an application for design registration, only after the fees payable under Article 54, paragraph (2) of that 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 same Act, after the ruling as provided in Article 48-16, paragraph (4) has been rendered), and, in the case of a Japanese language application for utility model registration 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 foreign language application for utility model registration under Article 48-4, paragraph (1) of the Act, the procedures under Articles 48-4, paragraph (1) or (4) and Article 48-5, paragraph (1) of the Act have been completed.

Article 14(1)An applicant for design registration may designate a period of within three years after the date of registration establishing the design rights and request that the design be kept secret during that period.

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

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

(4)The Commissioner of the Japan Patent Office must disclose the design for which the secrecy is requested pursuant to the provisions of paragraph (1) to persons other than the holder of the design rights, if:

Article 15(1)Article 38 (Joint Applications) and Articles 43 to 43-3 (Procedures for a Priority Claim under the Paris Convention; and Priority Claims as under the Paris Convention) of the Patent Act apply mutatis mutandis to applications for design registration.In this case, the phrase "within the period provided by Order of Ministry of the Economy, Trade and Industry" in Article 43, paragraph (1) of that Act is deemed to be replaced with "at the time of filing of the application for design registration"; the phrase "within one year and four months from the earliest of the following dates" in Article 43, paragraph (2) of that Act is deemed to be replaced with "within three months from the date of filing of the application for design registration."

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

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

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

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

Article 17-2(1)If an amendment made to a 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 pursuant to the provisions of the preceding paragraph must be made in writing with the reasons attached.

(3)If the ruling dismissing an amendment pursuant to the preceding paragraph (1) has been rendered, the examiner must not render a decision on the application for design registration until three months have elapsed from the date on which a certified copy of the ruling has been served.

(4)If an applicant for design registration files a request for trial against an examiner's ruling dismissing an amendment pursuant to the provisions of paragraph (1), the examiner must suspend the examination of the application for design registration until the trial decision becomes final and binding.

Article 17-3(1)If an applicant for design registration files a new application for design registration for the amended design within three months from the date on which the certified copy of the ruling dismissing an amendment pursuant to the provisions of 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 procedures for the amendment was submitted.

(2)If a new application for design registration under the preceding paragraph is filed, 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 Japan Patent Office a document stating a request for the application of the provisions of paragraph (1) to the new application for design registration under paragraph (1), at the time of filing a new application.

Article 17-4(1)The Commissioner of the Japan Patent Office may, upon request or ex officio, extend the period provided for in paragraph (1) of the preceding Article for persons in remote areas or areas with transportation difficulties.

(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 pursuant to Article 50, paragraph (1) (including as applied mutatis mutandis pursuant to Article 57, paragraph (1)) for persons in remote areas or areas with transportation difficulties.

Article 18If no reasons for rejection are found for an application for design registration, the examiner must reach the decision to grant the design registration.

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

Article 46(1)A person that has been rendered an examiner's decision rejecting an application and that is dissatisfied with this decision may file a request for an appeal against the examiner's decision of rejection within three months from the date the certified copy of the examiner's decision has been served.

(2)If, due to reasons beyond the control of the person, the person is unable to file a request for appeal against examiner's decision of rejection within the period provided for in the preceding paragraph, the person may, notwithstanding the provisions of that paragraph, file the request within 14 days (or, if the person is an overseas resident, within two months) from the date on which the reasons ceased to exist, but not later than six months after the expiration of the period.

Article 47(1)A person that has received an examiner's ruling dismissing an amendment prescribed in Article 17-2, paragraph (1) and is dissatisfied with the ruling may file a request for a trial against the examiner's ruling dismissing the amendment within three months from the date on which the certified copy of the examiner's ruling has been served; provided, however, that this does not apply if 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 a trial against examiner's ruling dismissing an amendment.

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

(2)Any person may file a demand for trial for invalidation of design registration; provided, however, that a demand for a trial for invalidation of design registration filed on the grounds that the design registration falls under item (i) of the preceding paragraph (limited to cases in which the design registration is obtained in violation of Article 38 of the Patent Act as applied mutatis mutandis pursuant to Article 15, paragraph (1) of this Act) or under item (iii) of the preceding paragraph, may only be filed by a person that has the right to obtain a design registration for the design associated with the design registration in question.

(3)A demand for a trial for invalidation of design registration may be filed even after the extinguishment of design rights.

(4)If a demand for a trial for invalidation of design registration has been filed, the chief administrative judge must notify the exclusive licensee under the design right and other persons with registered rights relating to the design registration to that effect.

Article 49If a trial decision to invalidate a design registration has become final and binding, the design right is deemed not to have existed from the beginning; provided, however, that if a design registration falls under paragraph (1), item (iv) of the preceding Article and a trial decision to invalidate the design registration has become final and binding, the design right is deemed not to have existed from the time the design registration came to fall under that item.

Article 50(1)The provisions of Article 17-2 and Article 17-3 apply mutatis mutandis to an appeal against examiner's decision of rejection.In this case, the term "three months" in Article 17-2, paragraph (3) and Article 17-3, paragraph (1) is deemed to be replaced with "thirty days," and the phrase "files a demand for a trial against examiner's ruling dismissing an amendment" in Article 17-2, paragraph (4) is deemed to be replaced with "institutes an action referred to in Article 59, paragraph (1)."

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

(3)The provisions of Article 50 (Notice of Reasons for Rejection) of the Patent Act apply mutatis mutandis if the reasons for rejection that differ from the reasons for the examiner's decision are found in an appeal against examiner's decision of rejection.

Article 51If a trial decision is made to rescind the examiner's ruling in a trial against examiner's ruling dismissing an amendment, the decision made in the trial will be binding on the examiner with respect to the case.

Article 52The provisions of Article 131, paragraphs (1) and (2), Articles 131-2 (excluding items paragraph (1), item (iii) and paragraph (2), item (i)) through Article 134, Articles 135 through 154, Article 155, paragraphs (1) and (2), Article 156, paragraphs (1), (3), and (4), Article 157, Article 158, Article 160, paragraphs (1) and (2), Article 161, and Articles 167 through 170 (Request for Trial or Appeal; Administrative Judge; Trial or Appeal Procedures; Relationship with Litigation; and Costs of Trial and Appeal) of the Patent Act apply mutatis mutandis to trials and appeals.In this case, the phrase ", in a trial or appeal other than a trial for invalidation, notify" in Article 156, paragraph (1) is deemed to be replaced with "notify", the phrase "appeal against examiner's decision of rejection" in Article 161 and the phrase "appeal against examiner's decision of rejection and trial for correction " in Article 169, paragraph (3) of the Act is deemed to be replaced with "an appeal against examiner's decision of rejection and trial against examiner's ruling dismissing an amendment."

Article 53(1)A party or an intervenor may file a demand 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)If a demandant for a trial, in conspiracy with the respondent, has caused the trial decision to be rendered for the purpose of harming the rights or interests of a third party, the third party may file a demand for a retrial against the final and binding trial decision.

(2)A request for a retrial referred to in the preceding paragraph must be filed against the demandant and the respondent in the trial as joint respondents.

Article 55(1)If design rights under an invalidated design registration has been restored by retrial, those design rights are not effective against an article or recording medium or device holding a graphic image that embodies the registered design or a design similar thereto, which was imported into, or manufactured or acquired within Japan in good faith, a building embodying the registered design or a design similar thereto, which was constructed or acquired within Japan in good faith, or graphic image embodying the registered design or a design similar thereto, which was created or acquired within Japan in good faith after the trial decision became final and binding but before the registration of the demand for a retrial.

(2)If design rights under an invalidated design registration have been restored by retrial, those design rights are not effective against the following acts done after the trial decision became final and binding but before the registration of the demand for a retrial:

Article 56If design rights under an invalidated design registration have been restored by a retrial or if a registration establishing design rights has been made by a retrial in connection with an application for design registration that was rejected in a trial decision, and if a person has been working the design or a design similar thereto in Japan or has been making preparations therefor in good faith, 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 under those design rights, to the extent of the design and the purpose of the business being 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 for an appeal against examiner's decision of rejection.

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

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

(2)The provisions of Article 131, paragraph (1), the main clause of Article 131-2, paragraph (1), Article 132, paragraphs (3) and (4), Article 133, Article 133-2, Article 134, paragraph (4), Articles 135 through 147, Articles 150 through 152, Article 155, paragraph (1), Article 156, paragraphs (1), (3) and (4), Article 157, Article 158, Article 160, the main clause of Article 167-2, Article 168, Article 169, paragraphs (3) through (6), and Article 170 of the Patent Act apply mutatis mutandis to a retrial against a final and binding trial decision for an appeal against examiner's decision of rejection.In this case, the phrase "appeal against examiner's decision of rejection or a trial for correction" in Article 169, paragraph (3) of the Act is deemed to be replaced with "appeal against examiner's decision of rejection."

(3)The provisions of Article 131, paragraph (1), the main clause of Article 131-2, paragraph (1), Article 132, paragraph (3) and (4), Article 133, Article 133-2, Article 134, paragraph (4), Articles 135 through 147, Articles 150 through 152, Article 155, paragraph (1), Article 156, paragraphs (1), (3) and (4), Article 157, the main clause of Article 167-2, Article 168, Article 169, paragraphs (3) through (6), and Article 170 of the Patent Act apply mutatis mutandis to a retrial against a final and binding decision for a trial against examiner's ruling dismissing an amendment.In this case, the phrase "appeal against examiner's decision of rejection or a trial for correction" in Article 169, paragraph (3) of that Act is deemed to be replaced with "trial against examiner's ruling dismissing an amendment."

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

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

(2)The provisions of Article 178, paragraph (2) through (6) (Statute of Limitations for Filing an Action), Article 179 (Appropriate Party as Defendant), Article 180, paragraph (1) (Notice of Institution of Action) and Articles 180-2 through 182 (Opinion of the Commissioner of the Japan Patent Office in Litigation Rescinding the Trial or Appeal Decision; Rescission of Trial and Appeal Decisions; 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 phrase "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)If a person that has received an award referred to in Article 33, paragraph (3) or (4) is not satisfied with the amount of the consideration determined in the award, the person may institute an action demanding an increase or decrease in that amount.

(2)The provisions of Article 183, paragraph (2) (Statute of Limitations for Filing an Action) and Article 184 (Appropriate Party as Defendant) of the Patent Act apply mutatis mutandis to an action referred to in the preceding paragraph.

Article 60-2Deleted

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

Article 61(1)The following matters are to be registered in the design registry kept at the Japan Patent Office:

(2)The design registry may be prepared, in whole or in part, in the form of magnetic tapes (this includes any other medium onto which certain information can be securely recorded by equivalent means; the same applies hereinafter.)

(3)Beyond what is provided for in this Act, the necessary matters for registration are prescribed by Cabinet Order.

Article 62(1)The Commissioner of the Japan Patent Office issues a certificate of design registration to the holder of the design right once the registration establishing the design rights has been made or a registration transferring the design rights has been made based on the request under the provisions of 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 Japan Patent Office to issue a certificate, a certified copy of documents or an extract of documents, to allow inspection or copying of documents, model, or specimen, or to issue documents stating the information stored on magnetic tape that constitute a part of the design registry; provided, however, that if the Commissioner considers it necessary to keep the following documents, models, or specimens confidential, these provisions do not apply to those documents, models, or specimens:

(2)If the Commissioner of the Japan Patent Office approves of the request under the main clause of the preceding paragraph with regard to the documents, models, or specimens set forth in items (i) through (vi) of that paragraph, the Commissioner must notify the person that submitted the documents, models, or specimens of the fact 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 recorded on magnetic tapes.

(4)The provisions of Chapter IV of the Act on Protection of Personal Information Held by Administrative Organs (Act No. 58 of 2003) do not apply to the retained personal information (refers to the retained personal information prescribed in Article 2, paragraph (5) of the Act) recorded in the documents concerning design registrations and the part of the design registry recorded on magnetic tapes.

Article 64A holder of design rights, exclusive licensee or non-exclusive licensee must endeavor to place an indication (hereinafter referred to as an "indication of design registration ") as provided by Order of the Ministry of Economy, Trade and Industry, on the article or package thereof, building, or graphic image or recording medium or device holding a graphic image, or package thereof embodying the registered design or a design similar thereto, showing that the design of the article, building or graphic image has been registered or that the design is similar thereto.

Article 65It is prohibited for any person to do the following acts:

Article 66(1)The Japan Patent Office issues the design gazette.

(2)Beyond what is provided for in this Act, the following matters must be published in the design gazette:

(3)Beyond what is provided for in the preceding paragraph, if an application for design registration for which an examiner's decision of rejection or trial or appeal decision to reject on the grounds that application falls under the provisions of the second sentence of Article 9, paragraph (2) has 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 (iii) must be published without delay after the lapse of the period designated pursuant to that paragraph (if secrecy was requested for two or more applications for design registration, the period which is the longest among the periods of secrecy requested for the applications) from the date the examiner's decision or trial or appeal decision became final and binding.

Article 67(1)The following persons must pay fees in an amount specified by Cabinet Order in consideration of the actual costs:

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

(3)The provisions of the preceding two paragraphs do not apply if the person required to pay the fees pursuant to these paragraphs is the national government.

(4)If the national government has joint ownership of a design right or a right to obtain a design registration with a person other than the national government, and their respective shares has been agreed upon, notwithstanding the provisions of paragraph (1) or (2), the fees payable for the national government and a person other than the national government to obtain their own design right or design registration under those provisions (limited to the fees provided by Cabinet Order) must be determined as the sum of the fees multiplied by the ratio of the shares of each person other than the national government, and, the person other than the national government must pay the amount.

(5)If there is a fraction of less than ten yen in the amount of the fees calculated pursuant to the preceding paragraphs, the fraction is to be discarded.

(6)The payment of the fees referred to in paragraphs (1) and (2) must be made by patent revenue stamps as provided by Order of the Ministry of Economy, Trade and Industry; provided, however, that cash payment may be made, if so provided by an Order of the Ministry of Economy, Trade and Industry.

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

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

(9)Notwithstanding the provisions of paragraph (7), if, due to reasons beyond the control of a person that files a request for refund of fees under that paragraph, the person is unable to file the request within the period provided in the preceding paragraph, the person may file the request within 14 days (or, if the person is an overseas resident, within two months) from the date on which the reasons ceased to exist, but not later than six months after the expiration of the period.

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

(2)The provisions of Articles 6 through 9, Articles 11 through 16, Article 17, paragraphs (3) and (4), Articles 18 through 24, and Article 194 (Procedures) of the Patent Act apply mutatis mutandis to procedures for an application for design registration or a request, and any other procedures related to design registration.In this case, the phrase "appeal against examiner's decision of rejection" in Article 9 of the Patent Act is deemed to be replaced with "appeal against examiner's decision of rejection or trial against examiner's ruling dismissing an amendment" and the phrase "appeal against examiner's decision of rejection" in Article 14 of that Act is deemed to be replaced with "appeal against examiner's decision of rejection or trial against examiner's ruling dismissing an amendment."

(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 related to design registration.

(4)The provisions of Article 26 (Effect of Treaties) of the Patent Act apply mutatis mutandis to 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 under this Act or an order based on this Act.

(7)The provisions of Article 195-4 (Restriction on Request for Administrative Review under the Provisions of the Administrative Complaint Review Act) of the Patent Act apply mutatis mutandis to a decision to dismiss an amendment, examiner's decision, trial or appeal decision, or ruling to dismiss a written request for trial, appeal, or retrial, or dispositions against which no appeal may be filed in accordance with this Act, or inaction thereof.

Article 69A person that infringes a design right or exclusive license (excluding one who has committed 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, a fine not exceeding 10 million yen, or both.

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

Article 70A person that has obtained a design registration or has been issued a trial or appeal decision by means of a fraudulent act is punished by imprisonment for a term not exceeding one year or a fine not exceeding 1 million yen.

Article 71A person that violates the provisions of Article 65 is punished by imprisonment for a term not exceeding one year or a fine not exceeding 1 million 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 of not less than three months but not more than ten years.

(2)If a person that has committed the crime referred to 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 trial or appeal decision has become final and binding, the punishment may be reduced or remitted.

Article 73A present or former official of the Japan Patent Office who has divulged a secret relating to a design in a pending application for design registration they have learned in the course of performing their duties, or has 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 that violates an order given under Article 105-4, paragraph (1) of the Patent Act (including as applied mutatis mutandis pursuant to Article 65, paragraph (6) of the Act as applied mutatis mutandis pursuant to Article 60-12, paragraph (2)) as applied mutatis mutandis pursuant to Article 41 is punished by imprisonment for a term not exceeding five years, a fine not exceeding 5 million yen, or both.

(2)The crime referred to in the preceding paragraph may not be prosecuted unless a complaint is filed.

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

Article 74(1)If a representative of a corporation or an agent, employee, or other worker of a corporation or an individual has committed a violation prescribed in the following items in the course of performing their duties for the corporation or individual, in addition to the offender being punished, the corporation is punished by a fine as provided in the relevant item and the individual is punished by a fine as provided in the respective Articles:

(2)In the case referred to in the preceding paragraph, a criminal complaint referred to in the provisions of Article 73-2, paragraph (1) which is filed against the offender has effect on the corporation or the individual and a criminal complaint filed against the corporation or the individual has effect on the offender.

(3)The period of statute of limitations in cases where a fine is imposed on a corporation or an individual pursuant to the provisions of paragraph (1) with regard to a violation of Article 69, Article 69-2, or paragraph (1) of the preceding Article is that for the crimes in these provisions.

Article 75If a person that has sworn pursuant to Article 71, paragraph (3) of the Patent Act as applied mutatis mutandis pursuant to Article 25, paragraph (3) of this Act, pursuant to Article 52, Article 58, paragraph (2) or (3) of this Act, or Article 174, paragraph (3) of the Patent Act as applied mutatis mutandis pursuant to Article 58, paragraph (4) of this Act, which is respectively applied upon mutatis mutandis application pursuant to Article 207, paragraph (1) of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 151 of the Patent 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 that has been summoned by the Japan Patent Office or a court commissioned thereby pursuant to the provisions of this Act, and fails to appear or refuses to swear, make a statement, testify, give an expert opinion, or interpret without legitimate grounds is punished by a civil fine not exceeding 100,000 yen.

Article 77A person that has been ordered by the Japan Patent Office or a court commissioned thereby to submit or present documents or other objects for the purpose of examination or preservation of evidence pursuant to the provisions of this Act and fails to comply with the order without legitimate grounds is punished by a civil fine not exceeding 100,000 yen.