Investing in Japan
How to Set Up Business in Japan
Laws & Regulations on Setting Up Business in Japan
Section 5. Trademark and Design Protection Systems
(Reference 1) Unregistered trademarks and designs
Under Japanese law, unregistered trademarks and designs may be protected from unauthorized use by other people under the Unfair Competition Prevention Law. If a trademark or design is not registered but becomes generally known or famous in Japan after use, the trademark or design, as well as the form of the object that becomes generally known, is protected. Furthermore, forms of new goods are protected for up to three years from the date on which they were first sold in Japan, even if no patent, utility model right or design has been registered. This means that if any other person copies the form of that new product, protection is available under criminal or civil law.
(Reference 2) Consultation with specialists for intellectual property rights
The experts publicly authorized to act as agents in carrying out application procedures for intellectual property rights such as patents, designs and trademarks, are, of course, patent attorneys; in Japan they are known as benrishi. Regular lawyers (bengoshi) may also perform this work, however, because a very high level of expert knowledge regarding intellectual property rights is required, it is most common for those who wish to acquire rights, or whose patent or trademark rights have been infringed, to hire a patent attorney. Furthermore, under Japanese law, legal action pertaining to infringement of rights is currently the sole domain of lawyers (bengoshi), but starting in 2004, patent attorneys (benrishi) may also represent a client in court along with a lawyer (bengoshi) as long as they pass certain national examinations.
(Reference)
- 1. Unregistered trademarks and designs
- 2. Consultation with specialists for intellectual property rights
