WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/JPN/D/2 
25 March 2004 
 (04-1360) 
Council for Trade-Related Aspects 
of Intellectual Property Original:   English/ 
 anglais/  inglés 
  
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
 
JAPAN 
   The present document reproduces the text
1 of the Design Law, as last amended 
on 22 December 1999, as notified by Japan under Article 63.2 of the Agreement (see document 
IP/N/1/JPN/2). 
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
JAPON 
   Le présent document contient le texte
1 de la Loi sur les dessins et modèles, modifiée en 
dernier lieu le 22 décembre 1999, qui a été notifié pa r le Japon au titre de l'article 63:2 de l'Accord 
(voir le document IP/N/1/JPN/2).  
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
JAPÓN 
 
 
 En el presente documento se reproduce el texto1 de la Ley de Dibujos y Modelos, modificada 
por última vez el 22 de diciembre de 1999, que el  Japón ha notificado en virtud del párrafo 2 del 
artículo 63 del Acuerdo (véase el documento IP/N/1/JPN/2). 
                                                      
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/JPN/D/2 
Page 2  
 
  
 
 
 
 
  
 
 
JAPAN 
  
 
  
Design Law 
   
 
 
Law No. 125 of April 13, 1959 as amended by Law No. 220 of 
December 22, 1999 
ENTRY INTO FORCE: January 6, 2001 (Section 63(3) shall enter 
into force as of April 1, 2001.)  IP/N/1/JPN/D/2 
 Page 3 
 
 
 TABLE OF CONTENTS 
 
Chapter I  General Provisions 
 
1.  Purpose 2.  Definitions 
 
Chapter II  Design Registration and Applications Therefor 
 
3.  Registrability of designs 
3bis. 4.  Exceptions to lack of novelty of design 
5.  Unregistrable designs 
6.  Applications for design registration 7.  Unity of design 
8.  Design of a set of articles 
9.  First-to-file rule 9bis.  Amendment of statement in a request or of drawings, etc., and change of gist 
10.  Related designs 
10bis.  Division of design applications 11.  [Deleted] 
12.  [Deleted] 
13.  Conversion of applications 13bis.  Special provisions concerning conversion of applications 
under the Patent Cooperation Treaty 
14.  Secret designs 15.  Application mutatis mutandis of Patent Law 
 
Chapter III  The Examination 
 
16.  Examination by examiner 
17.  Examiner’s decision of refusal 17bis.  Declining of amendments 
17ter.  New application for design as amended 
17quater. 18.  Decision to register design 19.  Application mutatis mutandis of Patent Law 
 
Chapter IV  The Design Right 
 
1.  The Design Right 
 20.  Registration of establishment of design right 
21.  Term of design right 
22.  Effects of design rights 23.  Effects of design right 
24.  Scope of registered design 
25. 25bis. 
26.  Relationship with another’s registered design, etc. 
27.  Exclusive licenses 28.  Non-exclusive licenses IP/N/1/JPN/D/2 
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 29.  Non-exclusive license by virtue of prior use 
29bis.  Non-exclusive license by virtue of preceding application 30.  Non-exclusive license due to working prior to registration of 
demand for invalidation trial 
31.  Non-exclusive license after expiration of design right, etc. 32. 
33.  Arbitration decision on grant of non-exclusive license 
34.  Transfer, etc. of non-exclusive license 35.  Pledges 
36.  Application mutatis mutandis of Patent Law 
 2.  Infringement 
 
37.  Injunctions 38.  Acts deemed to be infringement 
39.  Presumption, etc. of amount of damage 
40.  Presumption of negligence 41.  Application mutatis mutandis of Patent Law  
3.  Annual Fees 
 42.  Annual fees 
43.  Time limit for payment of annual fees 
44.  Late payment of annual fees 44bis.  Restoration of design right by late payment of annual fees 
44ter.  Restriction on effects of design right restored 
45.  Application mutatis mutandis of Patent Law  
Chapter V  Trial 
 
46.  Trial against examiner’s decision of refusal 
47.  Trial against ruling to decline amendment 
48.  Trial for invalidation of design registration 49. 
50.  Application mutatis mutandis of provisions concerning 
examination 51.  Special provisions for trials against ruling to decline amendment 
52.  Application mutatis mutandis of Patent Law 
 
Chapter VI  Retrial and Litigation 
 
53.  Demand for retrial 54. 
55.  Restriction on effects of design rights restored by retrial 
56. 57.  Application mutatis mutandis of provisions on trial 
58.  Application mutatis mutandis of Patent Law 
59.  Actions against trial decisions, etc. 60.  Actions on amount of remuneration 
60bis.  Relationship between administrative appeal and litigation 
 
Chapter VII  Miscellaneous Provisions  IP/N/1/JPN/D/2 
 Page 5 
 
 
  
60ter.  Amendment 61.  Registration in Design Register 
62.  Issuance of design registration certificate 
63.  Request for certification, etc. 64.  Indication of existence of design registration 
65.  Prohibition of false marking 
66.  Design Gazette 67.  Fees 
68.  Application mutatis mutandis of Patent Law 
 
Chapter VIII  Penal Provisions 
 
69.  Offense of infringement 70.  Offense of fraud 
71.  Offense of false marking 
72.  Offense of perjury, etc. 73.  Offense of divulging secrets 74.  Dual liability 
75.  Administrative penalties 
76. 77. 
 
Attached Table (Related to Section 67) IP/N/1/JPN/D/2 
Page 6  
 
 Chapter I  General Provisions 
 1.  Purpose 
 
 The purpose of this Law shall be to encourage the creation of designs by promoting their protection and utilization so as to 
contribute to the development of industry. 
 
2.  Definitions 
 
 (1) “Design” in this Law means a shape, pattern or color or any combination thereof in an article (including part of an article 
— hereinafter the same except in Section 8) which produces an 
aesthetic impression on the sense of sight.  
 (2) “Registered design” in this Law means a design for which a 
design registration has been effected.   (3) “Working” of a design in this Law means any act of 
manufacturing, using, assigning, leasing, importing or offering for 
assignment or lease (including displaying for the purpose of assignment or lease — hereinafter the same) of articles to which the 
design has been applied. 
 
Chapter II  Design Registration and Applications Therefor 
 
3.  Registrability of designs 
 
 (1) Any person who has created a design capable of being used 
in industrial manufacture may obtain a design registration therefor, except in the case of the following designs: 
 (i) designs which were publicly known in Japan or elsewhere 
prior to the filing of the design application;  (ii) designs which were described in a publication distributed 
or made available to the public through electric telecommunication 
lines in Japan or elsewhere prior to the filing of the design application;  (iii) designs which are similar to those referred to in the 
two preceding paragraphs. 
  (2) Where a design could easily have been created, prior to 
the filing of the design application, by a person with ordinary 
skill in the art to which the design pertains, on the basis of a shape, pattern or color or any combination thereof publicly known in 
Japan or overseas (other than a design referred to in any of the 
paragraphs of the preceding subsection), a design registration shall not be effected for such a design, notwithstanding the preceding 
subsection. 
 
3bis. 
 
 Where a design in an application for a design registration is identical with or similar to part of a design stated in the request  IP/N/1/JPN/D/2 
 Page 7 
 
 
 or represented in a drawing, photograph, model or sample attached to 
the request of another application for a design registration which was filed prior to the filing date of the design application and for 
which the publication in the Design Gazette under the provision of 
Section 20(3) or 66(3) was made after the date of filing of said application, a design registration shall not be effected for such a 
design, notwithstanding Section 3(1). 
 
4.  Exceptions to lack of novelty of design 
 
 (1) In the case of a design which has fallen under Paragraph 
(i) or (ii) of Section 3(1) against the will of the person having 
the right to obtain a design registration, such a design shall be 
deemed not to have fallen under Paragraph (i) or (ii) of Section 3(1) in the application of Section 3(1) and (2) to the design 
claimed in the application for design registration which has been 
filed by that person within six months from the date on which the design first fell under those paragraphs.  
 (2) In the case of a design which has fallen under Paragraph 
(i) or (ii) of Section 3(1) due to an act on the part of the person having the right to obtain a design registration, the same shall 
also apply to the application of Section 3(1) and (2) to the design 
claimed in the application for design registration which has been 
filed by such person within six months from the date on which the 
design first fell under those paragraphs. 
  (3) Any person who desires the application of the preceding 
subsection shall submit a written statement to that effect to the 
Commissioner of the Patent Office simultaneously with the application for design registration and also submit to the 
Commissioner of the Patent Office a document proving that the design 
which has fallen under Paragraph (i) or (ii) of Section 3(1) is a design to which the preceding subsection may be applied, within 14 
days of the filing of the application for design registration. 
 
5.  Unregistrable designs 
 
 A design registration shall not be effected for the following 
designs, notwithstanding Section 3:  (i) designs liable to contravene public order or morality; 
 (ii) designs liable to give rise to confusion with respect to 
articles connected with any other person’s business;  (iii) designs composed of only shapes indispensable to secure 
the functions of an article. 
 
6.  Applications for design registration 
 
 (1) Any person desiring a design registration shall submit a request to the Commissioner of the Patent Office, together with a 
drawing of the design for which registration is sought, stating the 
following: IP/N/1/JPN/D/2 
Page 8  
 
  (i) the name and the domicile or residence of the applicant 
for a design registration;  (ii) the name and the domicile or residence of the creator of 
the design; 
 (iii) the article or articles to which the design is applied.  
 (2) Whenever an ordinance of the Ministry of Economy, Trade 
and Industry so prescribes, a photograph, model or sample of the design for which registration is sought may be submitted instead of 
the drawing referred to in the preceding subsection.  In such a 
case, the fact that a photograph, model or sample has been submitted shall be noted in the request. 
 
 (3) Where the statement referred to in Subsection 1(iii) concerning the article or articles to which the design is applied, 
or of which the drawing, photograph or model is attached to the 
request, is not such as to enable a person with ordinary skill in the art to which the design pertains to visualize the material or dimensions of the article or articles to which the design is 
applied, so that such a person is unable to recognize the design, 
the material or dimensions referred to shall be stated in the request. 
 
 (4) Where the shape, pattern or color of an article to which 
the design is applied varies according to the function that the 
article possesses and where registration is sought for the shape, 
pattern or color or a combination thereof as it appears before, during and after the variation referred to, the request shall 
contain a statement to that effect as well as an explanation 
concerning the said function of the article.  
 (5) When the colors of the design are applied on the drawing, 
photograph or model submitted under Subsection (1) or (2), any parts that are white or black need not be colored. 
 
 (6) Where parts are not colored, in accordance with the preceding subsection, the request shall contain a statement to that effect. 
 
 (7) In the case of the drawing of a design submitted under 
Subsection (1) or the photograph or model submitted under Subsection 
(2), where the whole or part of the article to which the design has 
been applied is transparent, the request shall contain a statement to that effect. 
 
7.  Unity of design 
 
 An application for a design registration shall relate to a 
single design corresponding to an article in the classes of articles prescribed by an ordinance of the Ministry of Economy, Trade and 
Industry. 
 
8.  Design of a set of articles  IP/N/1/JPN/D/2 
 Page 9 
 
 
  
 In the case of a design of two or more articles that are used together as a set of articles, forming the articles prescribed by an 
ordinance of the Ministry of Economy, Trade and Industry 
(hereinafter referred to as a “set of articles”), an application for design registration may be made as for one design, provided that the 
set of articles is coordinated as a whole. 
 
9.  First-to-file rule 
 
 (1) Where two or more design applications relating to the same or a similar design are filed on different dates, only the first 
applicant may obtain a design registration for the design. 
  (2) Where two or more design applications relating to the same 
or a similar design are filed on the same date, only one such 
applicant, agreed upon after mutual consultation among all the applicants, may obtain a design registration for the design.  If no agreement is reached or no consultation is possible, none of the 
applicants shall obtain a design registration for the design. 
  (3) Where a design application is surrendered, withdrawn or 
dismissed or where an examiner’s decision or trial decision that a 
design application is to be refused has become final and conclusive, such application shall, for the purpose of Subsections (2) and (3), 
be deemed never to have been made.  However, this provision shall 
not apply where an examiner’s decision or a trial decision that the design application is to be refused under the provision of the last 
sentence of Subsection (2) becomes final and conclusive. 
  (4) A design application filed by a person who is neither the 
creator of the design nor the successor in title to the right to 
obtain a design registration shall, for the purposes of Subsections (1) and (2), be deemed not to be a design application. 
 
 (5) The Commissioner of the Patent Office shall, in the case of Subsection (2), order the applicants to hold consultations for an agreement under that subsection and to report the result thereof, 
within an adequate time limit. 
  (6) Where the report under the preceding subsection is not 
made within the time limit designated in accordance with that 
subsection, the Commissioner of the Patent Office may deem that no agreement under Subsection (2) has been reached. 
 
9bis.  Amendment of statement in a request or of drawings, etc., and 
change of gist 
 
 Where, after registration of the establishment of the design right, it is found that an amendment of the statement in the request 
(excluding matters listed in Section 6(1)(i) and (ii) and matters 
described under Section 6(2) — referred to in Sections 17bis(1) and 24 as “the statement in the request”) or of drawings, photographs, IP/N/1/JPN/D/2 
Page 10  
 
 models or samples attached to the request has changed the gist 
thereof, the design application shall be deemed to have been filed at the time when the amendment in writing was submitted. 
 
10.  Related designs 
 
 (1) Notwithstanding Section 9(2), an applicant for a design 
registration may obtain registration of a design which is similar to a principal design (meaning one design selected from designs in his 
own design applications) (hereinafter referred to as a “related 
design”), provided that the filing date of the application for the principal design [in the case of a design application containing a 
priority claim under Section 43(1) or Section 43bis(1) or (2) of the 
Patent Law (Law No. 121 of 1959) as applied under Section 15 of this 
Law, the filing date of the first application or the application 
considered to be the first application in accordance with Article 4 
C(4) or A(2) of the Paris Convention (meaning 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 an application recognized as the first application in accordance with 
Article A(2) of the Paris Convention (hereinafter the same in this 
subsection)] is the same as the filing date of the application for the registration of that related design. 
 
 (2) A design registration shall not be effected for a design that is similar only to a related design to be registered under the 
preceding subsection. 
  (3) Where there are two or more design applications for 
related designs relating to the principal design, the provision of 
Section 9(2) shall not apply to these related designs.  
10bis.  Division of design applications 
 
 (1) An applicant for a design registration may divide a design application comprising two or more designs into one or more new 
design applications, only during the pendency of the application in 
examination, trial or retrial.  
 (2) Where a design application has been divided under the 
preceding subsection, the new design application shall be deemed to have been filed at the time of filing of the original application.  
However, this provision shall not apply for the purposes of Section 
4(3) of this Law and Section 43(1) and (2) of the Patent Law as applied under Section 15(1) of this Law (including its application 
under Section 43bis(3) of the Patent Law as applied under Section 
15(1) of this Law).  
 (3) Where the new application for design registration under 
Subsection (1) is filed, any statements or documents which have been submitted with respect to the original application for design  IP/N/1/JPN/D/2 
 Page 11 
 
 
 registration and which shall be submitted with respect to the new 
application for design registration in accordance with Section 4(3) of this Law or Section 43(1) and (2) of the Patent Law as applied 
under Section 15(1) of this Law (including its application under 
43bis(3) of the Patent Law as applied under Section 15(1) of this Law), shall be deemed to have been submitted to the Commissioner of 
the Patent Office simultaneously with the said new application for 
design registration.  
11.  [Deleted] 
 
12.  [Deleted] 
 
13.  Conversion of applications 
 
 (1) An applicant for a patent may convert his application into 
a design application.  However, this provision shall not apply after 30 days from the transmittal of the examiner’s first decision [including the transmittal thereof deemed to have been made under 
the provisions of the Law on Special Provisions for Procedures, etc. 
relating to Industrial Property (Law No. 30 of 1990)] that the patent application is to be refused. 
 
 (2) An applicant for a utility model registration may convert his application into a design application. 
 
 (3) The period prescribed in the proviso to Subsection (1) shall, when the time limit prescribed in Section 121(1) of the 
Patent Law has been extended in accordance with Section 4 of that 
Law, be deemed to have been extended only for that period as extended. 
 
 (4) Where the conversion of an application is made under Subsection (1) or (2), the original application shall be deemed to 
have bean withdrawn. 
  (5) Section 10bis(2) and (3) shall apply mutatis mutandis to the conversion of an application under Subsection (1) or (2). 
 
13bis.  Special provisions concerning conversion of applications 
under the Patent Cooperation Treaty 
 
 (1) Conversion of an international application having been deemed a patent application under Section 184ter(1) or 184vicies(4) 
of the Patent Law into a design application may not be made until, 
in respect of a Japanese language patent application referred to in Section 184sexies(2) of the Patent Law, after the proceeding under 
Section 184quinquies(1) of the Patent Law has been taken, and in 
respect of a foreign language patent application referred to in Section 184quater(1) of the Patent Law, after the proceedings under 
the said subsection and Section 184quinquies(1) of the Patent Law 
have been taken and, further, after the fee to be paid under Section 195(2) of the Patent Law has been paid (or — in respect of an IP/N/1/JPN/D/2 
Page 12  
 
 international application having been deemed a patent application 
under Section 184vicies(4) of the Patent Law — after the decision referred to in the said subsection has been made). 
 
 (2) Conversion of an international application having been deemed a utility model application under Section 48ter(1) or 
48sedecies(4) of the Utility Model Law (Law No. 123 of 1959) into a 
design application may not be made until, in respect of a Japanese language utility model application referred to in Section 
48quinquies(4) of the Utility Model Law, after the proceeding under 
Section 48quinquies(1) of the Utility Model Law has been taken, and in respect of a foreign language utility model application referred 
to in Section 48quater(1) of the Utility Model Law, after the 
proceedings under the said subsection and Section 48quinquies(1) of the Utility Model Law have been taken and, further, after the fee to 
be paid under Section 54(2) of the Utility Model Law has been paid 
(or — in respect of an international application having been deemed a utility model application under Section 48sedecies(4) of the Utility Model Law — after the decision referred to in the said 
subsection has been made). 
 
14.  Secret designs 
 
 (1) An applicant for a design registration may demand that the design be kept secret for a period which shall be designated in the 
demand and shall not exceed three years from the date on which the 
establishment of the design right was registered.  
 (2) A person who desires to make that demand under the 
preceding subsection shall, at the time of filing the design application, submit to the Commissioner of the Patent Office a 
document stating the following: 
 (i) the name and the domicile or residence of the applicant for a design registration; 
 (ii) the period for which secrecy is demanded. 
  (3) An applicant for a design registration or the owner of a design right may extend or reduce the period for which secrecy is 
demanded under Subsection (1). 
  (4) In any of the following cases, the Commissioner of the 
Patent Office shall allow persons other than the owner of the design 
right to have access to a design for which secrecy has been demanded under Subsection (1): 
 (i) when the consent of the owner of the design right has been 
obtained;  (ii) when so requested by a party or an intervenor in the 
examination, trial, retrial or litigation relating to the design or 
any identical or similar design;  (iii) when so requested by a court; 
 (iv) when so requested by an interested person submitting to 
the Commissioner of the Patent Office a document stating the name of the owner of the design right and the registration number and other  IP/N/1/JPN/D/2 
 Page 13 
 
 
 documents prescribed by an ordinance of the Ministry of Economy, 
Trade and Industry.  
15.  Application mutatis mutandis of Patent Law 
 
 (1) Section 38 (joint applications), Section 43(1) to (4) 
(priority claim under the Paris Convention) and Section 43bis (such 
a priority claim as one under the Paris Convention) of the Patent Law shall apply mutatis mutandis to design applications.  In such a 
case, “within one year and four months from the earliest date among 
the dates given in each of the following paragraphs” in Section 43(2) of the Patent Law shall read “within three months from the 
filing date of the design application”. 
  (2) Sections 33 and 34(1) and (2) and (4) to (7) (right to 
obtain patent) of the Patent Law shall apply mutatis mutandis to the 
right to obtain a design registration.   (3) Section 35 (employees’ inventions) of the Patent Law shall 
apply mutatis mutandis to the creation of a design by an employee, 
an executive officer of a legal entity or a national or local public official. 
 
Chapter III  The Examination 
 
16.  Examination by examiner 
 
 The Commissioner of the Patent Office shall have applications 
for design registration examined by an examiner. 
 
17.  Examiner’s decision of refusal 
 
 The examiner shall make a decision that a design application is to be refused where it falls under any of the following 
paragraphs: 
 (i) the design in the design application is not registrable in accordance with Section 3, 3bis, 5, 8, 9(1) or (2) or 10(1) or (2) of this Law, Section 38 of the Patent Law — as applied under Section 
15(1) of this Law — or Section 25 of the Patent Law as applied under 
section 68(3) of this Law;  (ii) the design in the design application is not registrable 
in accordance with the provisions of a treaty; 
 (iii) the design application does not comply with the 
requirements of Section 7; 
 (iv) the applicant for a design registration who is not the 
creator of the design has not succeeded to the right to obtain registration for the design concerned. 
 
17bis.  Declining of amendments 
 
 (1) Where an amendment of the statement in the request or of 
the drawings, the photographs, models or samples attached to the IP/N/1/JPN/D/2 
Page 14  
 
 request would change the gist thereof, the examiner shall decline 
the amendment by a ruling.  
 (2) The ruling to decline an amendment under the preceding 
subsection shall be in writing and state the reasons therefor.  
 (3) Where a ruling to decline an amendment under Subsection 
(1) has been rendered, the examiner’s decision with respect to the design application shall not be rendered before the expiration of 30 
days from the transmittal of that ruling. 
  (4) Where an applicant has demanded a trial under Section 
47(1) against a ruling to decline an amendment under Subsection (1), 
the examiner shall suspend the examination of the design application until the trial decision has become final and conclusive. 
 
17ter.  New application for design as amended 
 
 (1) Where an applicant for a design registration has filed a 
new design application for the design as amended within 30 days from 
the transmittal of a ruling to decline an amendment under Section 17bis(1), the design application shall be deemed to have been filed 
at the time of submission of that amendment. 
  (2) Where a new design application referred to in the 
preceding subsection has been filed, the original design application 
shall be deemed withdrawn.  
 (3) The two preceding subsections shall be applicable only 
where the applicant has submitted, at the same time as the new design application, a statement to the Commissioner of the Patent 
Office indicating his desire for the application of Subsection (1) 
to the new design application referred to in that subsection.  
17quater. 
 
 (1) The Commissioner of the Patent Office may, for the benefit of a person residing in a place that is remote or difficult of 
access, extend upon request or ex officio the period prescribed in 
Subsection (1) of the preceding section.  
 (2) The trial examiner-in-chief may, for the benefit of a 
person residing in a place that is remote or difficult of access, extend upon request or ex officio the period prescribed in Section 
17ter(1) as applied under Section 50(1) (including its application 
under Section 57(1)).  
18.  Decision to register design 
 
 Where the examiner finds no reason for refusing a design 
application, he shall make a decision that the design is to be 
registered.   IP/N/1/JPN/D/2 
 Page 15 
 
 
 19.  Application mutatis mutandis of Patent Law 
 
 Section 47(2) (qualifications of examiners), Section 48 
(exclusion of examiners), Section 50 (notification of reasons for 
refusal), Section 52 (formal requirements of examiner’s decision) and Section 54 (relationship with litigation) of the Patent Law 
shall apply mutatis mutandis to the examination of design 
applications.  
Chapter IV  The Design Right 
 
1.  The Design Right 
 
20.  Registration of establishment of design right 
 
 (1) A design right shall come into force upon registration of 
its establishment.   (2) The establishment of a design right shall be registered 
when the annual fee for the first year under Section 42(1)(i) has 
been paid.  
 (3) When registration under the preceding subsection has been 
effected, the following shall be published in the Design Gazette (Ishô Kôhô): 
 (i) the name and the domicile or residence of the owner of the 
design right;  (ii) the number and the date of the design application; 
 (iii) the registration number and the date of registration of 
the establishment;  (iv) the contents of the request and the drawing, photograph, 
model or sample attached to the request; 
 (v) necessary matters other than those listed in the preceding paragraphs. 
 
 (4) In the case of a design for which secrecy has been demanded under Section 14(1), the matters referred to in Paragraph (iv) of the preceding subsection shall, notwithstanding Section 
14(1), be published immediately after the period designated under 
Section 14(1) has expired.  
21.  Term of design right 
 
 (1) The term of a design right (excluding a right of a related 
design) shall be 15 years from the date of registration of its 
establishment.  
 (2) The term of a right of a related design shall be 15 years 
from the date of registration of the principal design right.  
22.  Effects of design rights 
 IP/N/1/JPN/D/2 
Page 16  
 
  (1) Rights of a principal design and a related design relating 
thereto may not be transferred independently.  
 (2) Where a principal design right is extinguished under the 
provision of Section 44(4), is abandoned, or a trial decision to invalidate has become final and conclusive, the right of the related 
design relating to the principal design may not be transferred 
independently.  
 
 23.  Effects of design right 
 
 The owner of a design right shall have an exclusive right to commercially work the registered design and designs similar thereto.  
However, where the design right is the subject of an exclusive 
license, this provision shall not apply to the extent that the exclusive licensee has an exclusive right to work the registered design and designs similar thereto. 
 
24.  Scope of registered design 
 
 The scope of a registered design shall be decided on the basis 
of the statement in the request and the design represented in the drawing attached to the request or shown in the photograph, model or 
sample attached to the request. 
 
25. 
 
 (1) A request for interpretation may be made to the Patent Office with respect to the scope of a registered design and designs 
similar thereto. 
  (2) Where such a request is made, the Commissioner of the 
Patent Office shall designate three trial examiners to give the 
requested interpretation.   (3) Section 71(3) and (4) of the Patent Law shall apply 
mutatis mutandis to the interpretation under Subsection (1). 
 
25bis. 
 
 (1) Where the Commissioner of the Patent Office is 
commissioned by a court to give an expert opinion with respect to 
the scope of a registered design and designs similar thereto, he 
shall appoint three trial examiners to give the opinion.  
 (2) Section 71bis(2) of the Patent Law shall apply mutatis 
mutandis to the commission therefor under the preceding subsection.  
26.  Relationship with another’s registered design, etc. 
  IP/N/1/JPN/D/2 
 Page 17 
 
 
  (1) When a registered design would utilize another person’s 
registered design or design similar thereto, patented invention or registered utility model under an application filed prior to the 
filing date of the design application concerned, or when the part of 
a design right relating to the registered design conflicts with another person’s patent, utility model or trademark right under an 
application filed prior to the filing date of the design application 
concerned, or conflicts with another person’s copyright taking effect prior to that date, the owner of the design right, exclusive 
licensee or non-exclusive licensee shall not commercially work the 
registered design.  
 (2) When a design similar to a registered design would utilize 
another person’s registered design or design similar thereto, patented invention or registered utility model under an application 
filed prior to the filing date of the design application concerned, 
or when the part of a design right relating to designs similar to the registered design conflicts with another person’s design, patent, utility model or trademark right under an application filed 
prior to the filing date of the design application concerned, or 
conflicts with another person’s copyright taking effect prior to that date, the owner of the design right, exclusive licensee or non-
exclusive licensee shall not commercially work the design similar to 
the registered design.  
27.  Exclusive licenses 
 
 (1) The owner of a design right may grant an exclusive license 
on the design right.  The exclusive license on a right of a 
principal design or rights of related designs may be granted only where the exclusive license on the right of the principal design and 
the rights of all related designs relating thereto is granted 
simultaneously to the same party.  
 (2) An exclusive licensee shall have an exclusive right to 
commercially work the registered design and designs similar thereto to the extent laid down in the license contract.  
 (3) Where the design right of a principal design is 
extinguished under Section 44(4), is abandoned, or a trial decision to invalidate becomes final and conclusive, the exclusive license on 
the rights of related designs may be granted only where the 
exclusive license on the rights of all related designs is granted simultaneously to the same party. 
 
 (4) Section 77(3) to (5) (transfer etc.), Section 97(2) (surrender) and Section 98(1)(ii) and (2) (effects of registration) 
of the Patent Law shall apply mutatis mutandis to exclusive 
licenses.  
28.  Non-exclusive licenses 
 IP/N/1/JPN/D/2 
Page 18  
 
  (1) The owner of a design right may grant a non-exclusive 
license on such right.  
 (2) A non-exclusive licensee shall have the right to 
commercially work the registered design and designs similar thereto to the extent prescribed in this Law or laid down in the license 
contract. 
  (3) Section 73(1) (joint ownership), Section 97(3) (surrender) 
and Section 99 (effects of registration) of the Patent Law shall 
apply mutatis mutandis to non-exclusive licenses. In such a case “Section 79” in Subsection (2) of the same section shall read 
“Section 29 or 29bis of the Design Law”. 
 
29.  Non-exclusive license by virtue of prior use 
 
 Where, without knowledge of a design in a design application, a person has created the design or a design similar thereto by himself or, without knowledge of the design in the design 
application, has learnt the design from another person who has 
created the design or the design similar thereto, and has been commercially working the design or the design similar thereto or has 
been making preparations therefor in Japan at the time of filing of 
the design application or at the time of filing of the original design application or of submission of an amendment when the design 
application is deemed to have been filed at  the time of submission 
of the amendment in accordance with Section 9bis of this Law or in accordance with Section 17ter(1) (including its application under 
Section 50(1) (including its application under Section 57(1) of this 
Law)), such person shall have a non-exclusive license on the design right under the design application limited to the extent of the 
design which is being worked or for which preparations for working 
are being made and to the purpose of such working or the preparations therefor. 
 
29bis.  Non-exclusive license by virtue of preceding application 
 
 Where, without knowledge of a design in a design application, 
a person has created the design or a design similar thereto by 
himself or has learnt the design from another person who has created the design or the design similar thereto, without knowledge of the 
design in the design application and has been commercially working 
the design or the design similar thereto or has been making preparations therefor in Japan at the time of registration of the 
establishment of the design right under the design application, such 
person (excluding a person falling under the provision of the preceding section) shall have a non-exclusive license on the design 
right limited to the extent of the design which is being worked or 
for which preparations for working are being made and to the purpose of such working provided that each of the following is satisfied: 
 (i) that the person has filed, prior to the filing date of the 
design application, a design application with respect to his own  IP/N/1/JPN/D/2 
 Page 19 
 
 
 design or the design similar thereto and has been commercially 
working the design or making preparations therefor; and  (ii) that the person has received, with respect to his own 
design application referred to in the preceding paragraph, an 
examiner’s decision or a trial decision to the effect that the design in the design application falls under any of the paragraphs 
of Section 3(1) and the application is to be refused, and such 
decision has become final and conclusive.  
30.  Non-exclusive license due to working prior to registration of 
demand for invalidation trial 
 
 (1) When a person coming within any of the paragraphs set out 
below has been commercially working a design or design similar thereto in Japan or has been making preparations therefor, prior to 
the registration of a demand for a trial under Section 48(1), 
without knowing that the design registration falls under any of the paragraphs of the subsection referred to, such person shall have a non-exclusive license on the design right or on the exclusive 
license existing at the time when the design registration was 
invalidated, to the extent of the design being worked or preparations being made for its commercial working: 
 (i) the original owner of the design right where one of two or 
more design registrations granted for the same or a similar design has been invalidated; 
 (ii) the original owner of the design right, where his design 
registration has been invalidated and a design registration for the same or a similar design has been granted to the person entitled; 
 (iii) in the case referred to in the two preceding paragraphs, 
a person who, at the time of registration of the demand for a trial under Section 48(1), has an exclusive license on the design right 
that has been invalidated or a non-exclusive license which is 
effective, under Section 99(1) of the Patent Law as applied under Section 28(3) of this Law, against the design right or the exclusive 
license. 
  (2) The owner of the design right or the exclusive licensee shall have a right to a reasonable remuneration as consideration for 
the non-exclusive license under the preceding subsection. 
 
31.  Non-exclusive license after expiration of design right, etc. 
 
 (1) Where one design application was filed prior to or on the 
filing date of another design application and part of the design 
right (relating to designs similar to the registered design 
concerned) under the first-mentioned application conflicts with the design right under the other application and the term of the first-
mentioned design right has expired, the owner of the original design 
right shall, to the extent of such right, have a non-exclusive license on the other design right or the exclusive license existing 
at the time when his design right expired. 
 IP/N/1/JPN/D/2 
Page 20  
 
  (2) Where a patent right or a utility model right under an 
application filed prior to or on the filing date of a design application conflicts with the design right under that application, 
the preceding subsection shall apply mutatis mutandis where the term 
of the patent right or utility model right has expired.  
32. 
 
 (1) Where one design application was filed prior to or on the 
filing date of another design application and part of the design 
right (relating to designs similar to the registered design concerned) under the first-mentioned application conflicts with the 
design right under the other application and the term of the first-
mentioned design right has expired, a person who, at the time of expiration, has an exclusive license on the expired design right or 
a non-exclusive license which is effective under Section 99(1) of 
the Patent Law, as applied under Section 28(3) of this Law, against the expired design right or the exclusive license, shall, to the extent of the expired right, have a non-exclusive license on the 
other design right or on the exclusive license existing when the 
first-mentioned design right has expired.  
 (2) Where a patent right or a utility model right under an 
application filed prior to or on the filing date of a design application conflicts with the design right under that application, 
the preceding subsection shall apply mutatis mutandis where the term 
of the patent right or utility model right has expired.  
 (3) The owner of the design right or the exclusive licensee 
shall have a right to a reasonable remuneration as consideration for the non-exclusive license under the two preceding subsections. 
 
33.  Arbitration decision on grant of non-exclusive license 
 
 (1) Where a registered design or design similar thereto falls 
under any of the cases provided for in Section 26, the owner of the design right or the exclusive licensee may request the other person referred to in that section to hold consultations on the grant of a 
non-exclusive license to work the registered design or the design 
similar thereto or of a non-exclusive license on the patent right or the utility model right. 
 
 (2) The other person referred to in Section 26 who has been 
requested to hold the consultations under the preceding subsection 
may request the owner of the design right or the exclusive licensee 
having requested the consultations to hold consultations on the grant of a non-exclusive license within the scope of the registered 
design which the owner of the design right or the exclusive licensee 
desires to work by obtaining the non-exclusive license on the design right, the patent right or the utility model right through the 
consultations requested by the owner of the design right or the 
exclusive licensee.   IP/N/1/JPN/D/2 
 Page 21 
 
 
  (3) If no agreement is reached or no consultation is possible 
under Subsection (1), the owner of the design right or the exclusive licensee may request the Commissioner of the Patent Office for an 
arbitration decision. 
  (4) If no agreement is reached or no consultation is possible 
under Subsection (2) and an arbitration under the preceding 
subsection is requested, the other person referred to in Section 26 may request the Commissioner of the Patent Office for an arbitration 
decision only within the time limit which the Commissioner of the 
Patent Office designates as the time limit for the other person to submit a written reply in accordance with Section 84 of the Patent 
Law as applied under Subsection (7). 
  (5) If, in the case of Subsection (3) or the preceding 
subsection, the grant of a non-exclusive license would unduly injure 
the interests of the other person referred to in Section 26 or the owner of the design right or the exclusive licensee, the 
Commissioner of the Patent Office shall not render an arbitration 
decision ordering a non-exclusive license to be granted. 
  (6) In the case of Subsection (4) in addition to the case 
provided for in the preceding subsection, the Commissioner of the 
Patent Office shall not render an arbitration decision ordering a non-exclusive license to be granted if an arbitration decision 
ordering a non-exclusive license to be granted is not rendered with 
respect to the request for the arbitration decision under Subsection (3). 
 
 (7) Sections 84, 85(1) and 86 to 91bis (arbitration procedure, 
etc.) of the Patent Law shall apply mutatis mutandis to arbitration 
under Subsection (3) or (4). 
 
34.  Transfer, etc. of non-exclusive license 
 
 (1) A non-exclusive license, with the exception of one which results from an arbitration under Section 33(3) or (4) of this Law, Section 92(3) of the Patent Law or Section 22(3) of the Utility 
Model Law, may be transferred, but only together with the business 
in which it is worked or only with the consent of the owner of the design right (or the owner and the exclusive licensee in the case of 
a non-exclusive license on an exclusive license) or in the case of 
inheritance or other general succession.  
 (2) A non-exclusive licensee may, except in the case of a non-
exclusive license resulting from an arbitration under Section 33(3) or (4) of this Law, Section 92(3) of the Patent Law or Section 22(3) 
of the Utility Model Law, establish a pledge on the non-exclusive 
license but only with the consent of the owner of the design right (or the owner and the exclusive licensee in the case of a non-
exclusive license on an exclusive license). 
 IP/N/1/JPN/D/2 
Page 22  
 
  (3) A non-exclusive license resulting from an arbitration 
under Section 33(3) of this Law, Section 92(3) of the Patent Law or Section 22(3) of the Utility Model Law shall be transferred together 
with the design, patent or utility model right to which the non-
exclusive licensee is entitled and which is transferred together with the business in which it is worked and shall be extinguished at 
the time when such design, patent or utility model right has been 
transferred separately from the business in which it is worked or has been extinguished. 
 
 (4) A non-exclusive license resulting from an arbitration under Section 33(4) of this Law shall be transferred together with 
the design, patent or utility model right to which the non-exclusive 
licensee is entitled, and shall be extinguished at the time when such design, patent or utility model right has been extinguished. 
 
35.  Pledges 
 
 (1) Where a design right or an exclusive or non-exclusive 
license is the subject of a pledge, the pledgee may not work the 
registered design or designs similar thereto except as otherwise provided by contract. 
 
 (2) Section 96 (attachment) of the Patent Law shall apply mutatis mutandis to pledges on a design right, exclusive license or 
non-exclusive license. 
  (3) Section 98(1)(iii) and (2) (effects of registration) of 
the Patent Law shall apply mutatis mutandis to pledges on a design 
right or exclusive license.  
 (4) Section 99(3) (effects of registration) of the Patent Law 
shall apply mutatis mutandis to pledges on a non-exclusive license.  
36.  Application mutatis mutandis of Patent Law 
 
 Section 69(1) and (2) (limits of patent right), Section 73 (joint ownership), Section 76 (extinguishment of patent right in 
absence of heir), Section 97(1) (surrender) and Section 98(1)(i) and 
(2) (effects of registration) of the Patent Law shall apply mutatis mutandis to design rights. 
 
2.  Infringement 
 
37.  Injunctions 
 
 (1) The owner of a design right or exclusive licensee may 
require a person who is infringing or is likely to infringe the 
design right or exclusive license to discontinue or refrain from such infringement. 
 
 (2) The owner of a design right or exclusive licensee who is acting under the preceding subsection may demand the destruction of  IP/N/1/JPN/D/2 
 Page 23 
 
 
 the articles by which the act of infringement was committed, the 
removal of the facilities used for the act of infringement, or other measures necessary to prevent the infringement. 
 
 (3) In the case of a design for which secrecy has been demanded under Section 14(1), the owner of the design right or 
exclusive licensee may not take the action provided for in 
Subsection (1) until he has given a warning in the form of a document which states the matters referred to in each paragraph of 
Section 20(3) and which has been certified by the Commissioner of 
the Patent Office.  
38.  Acts deemed to be infringement 
 
 Acts of manufacturing, assigning, leasing, importing or 
offering for assignment or lease of, in the course of trade, things 
to be used exclusively for the manufacture of the article to which the registered design or a design similar thereto has been applied shall be deemed to be an infringement of the design right or 
exclusive license. 
 
39.  Presumption, etc. of amount of damage 
 
 (1) Where the owner of a design right or exclusive licensee claims, from a person who has intentionally or negligently infringed 
the design right or exclusive license, compensation for damage 
caused to him by the infringement, and the person’s act is the assignment of articles by which the act of the infringement was 
committed, the sum of money with the unit price of such articles 
multiplied by the number of articles (hereinafter referred to in this paragraph as the “number of assigned articles”) which the owner 
of the design right or exclusive licensee could have sold in the 
absence of the infringement may be estimated as the amount of damage suffered by the owner of the design right or exclusive licensee 
within a limit not exceeding an amount attainable depending on 
working capability of the owner of the design right or exclusive licensee.  Where there is any circumstance that prevents the owner of the design right or exclusive licensee from selling part or the 
whole of the number of assigned articles, a sum equivalent to the 
number of assigned articles subject to that circumstance shall be deducted. 
 
 (2) Where the owner of a design right or exclusive licensee claims, from a person who has intentionally or negligently infringed 
the design right or exclusive license, compensation for damage 
caused to him by the infringement, the profits gained by the infringer through the infringement shall be presumed to be the 
amount of damage suffered by the owner or exclusive licensee. 
  (3) The owner of a design right or exclusive licensee may 
claim, from a person who has intentionally or negligently infringed 
the design right or exclusive license, an amount of money which he would be entitled to receive for the working of the registered IP/N/1/JPN/D/2 
Page 24  
 
 design or designs similar thereto, as the amount of damage suffered 
by him.  
 (4) The preceding subsection shall not preclude a claim to 
damages exceeding the amount referred to therein.  In such a case, where there has been neither willfulness nor gross negligence on the 
part of the person who has infringed the design right or the 
exclusive license, the court may take this into consideration when awarding damages. 
 
40.  Presumption of negligence 
 
 A person who has infringed a design right or exclusive license 
of another person shall be presumed to have been negligent as far as the act of infringement is concerned.  However, this provision shall 
not apply with respect to the infringement of a design right or 
exclusive license relating to a design for which secrecy has been demanded under Section 14(1).  
 
  
41.  Application mutatis mutandis of Patent Law 
 
 Sections 104bis to 106 (obligation to clarify relevant act in 
concrete manner, production of documents, etc., expert opinion for 
proof of damage, award of reasonable damages, and measures for recovery of reputation) of the Patent Law shall apply mutatis 
mutandis to the infringement of a design or an exclusive license. 
 
3.  Annual Fees 
 
42.  Annual fees 
 
 (1) A person who obtains registration of a design right or the 
owner of a design right shall pay as annual fees the amount specified below, for each case and for each year until the expiration of the design right under Section 21: 
 (i) first to third year: 8,500 yen per annum; 
 (ii) fourth to tenth year: 16,900 yen per annum;  (iii) eleventh to fifteenth year: 33,800 yen per annum. 
 
 (2) The preceding subsection shall not apply to design rights belonging to the State or independent administrative institutions 
(referring to the independent administrative institutions prescribed 
in Section 2(1) of the Law concerning the General Provisions of Independent Administrative Institutions (Law No. 103 of 1999), 
hereinafter the same) which are those to be set up by Cabinet Order 
by taking into consideration the substance of their business and other circumstances. 
 
 (3) The provision of Subsection (1) shall not apply to a design right owned jointly by the State and the Independent  IP/N/1/JPN/D/2 
 Page 25 
 
 
 administrative institutions prescribed by Cabinet Order in the 
preceding subsection or owned jointly by the independent 
administrative institutions prescribed by Cabinet Order in the same 
subsection. 
  (4) Where the State and the like (referring to the State or 
the independent administrative institutions prescribed by Cabinet 
Order in Subsection (2), the same in Section 67(3) and (5)) and the person other than the State and the like (referring to the person 
other than the State and the Independent administrative institutions 
prescribed by Cabinet Order in Subsection (2), hereinafter the same in this subsection and the same section (5)) own jointly a design 
right and there is an agreement with respect to their shares of the 
right, the annual fees under Subsection (1) shall be a sum with prescribed fees under this subsection multiplied by the ratios of 
the shares of the persons other than the State and the like, and the 
persons other than the State and the like shall pay such sum, notwithstanding the provision of Subsection (1).  
 (5) Where the amount of the fees calculated in accordance with 
the provision of the preceding subsection has a fractional figure less than 10 yen, that fractional figure shall be discarded. 
 
 (6) The payment of the fees under Subsection (1) shall be made 
by patent revenue stamps as prescribed by an ordinance of the 
Ministry of Economy, Trade and Industry.  However, wherever so 
prescribed by an ordinance of the Ministry of Economy, Trade and Industry, such payment may be made in cash. 
 
43.  Time limit for payment of annual fees 
 
 (1) The annual fee for the first year under Section 42(1)(i) 
shall be paid within 30 days from the transmittal of the examiner’s decision or trial decision that the design registration is to be 
effected. 
  (2) The annual fees for the second and subsequent years under Section 42(1) shall be paid during the preceding year or prior 
thereto. 
  (3) Upon the request of a person liable to pay an annual or 
registration fee, the Commissioner of the Patent Office may extend 
the period prescribed in Subsection (1) by a period not exceeding 30 days. 
 
44.  Late payment of annual fees 
 
 (1) Where the owner of a design right is unable to pay an 
annual fee within the time limit prescribed in Section 43(2), he may pay the annual fee belatedly within six months from the expiration 
of that time limit. 
 IP/N/1/JPN/D/2 
Page 26  
 
  (2) In the case of late payment of an annual fee in accordance 
with the preceding subsection, the owner of the design right shall, in addition to the annual fee provided for in Section 42(1), pay a 
surcharge of the same amount as the annual fee. 
  (3) The payment of the fee under the preceding subsection 
shall be made by patent revenue stamps as prescribed by an ordinance 
of the Ministry of Economy, Trade and Industry.  However, wherever so prescribed by an ordinance of the Ministry of Economy, Trade and 
Industry, such payment may be made in cash. 
  (4) Where the owner of a design right fails to pay an annual 
fee and the surcharge under the preceding subsection within the time 
limit for late payment under Subsection (2), the design right shall be deemed to have been extinguished retroactively from the moment 
that the time limit prescribed in Section 43(2) expired. 
 
44bis.  Restoration of design right by late payment of annual fees 
 
 (1) Where the original owner of the design right which is 
deemed to have been extinguished under Section 44(4) is unable to pay an annual fee and the surcharge prescribed in Section 44(4) 
within the time limit within which he may pay the annual fee and 
surcharge belatedly under Section 44(1) due to reasons outside his control, he may pay the annual fee and surcharge belatedly but only 
within 14 days (where he is a resident abroad, within two months) 
and within six months after the expiration of the time limit.  
 (2) Where the annual fee and surcharge prescribed in 
Subsection (1) are paid, such design right shall be deemed to have been maintained retroactively from the time of the expiration of the 
time limit prescribed in Section 43(2). 
 
44ter.  Restriction on effects of design right restored 
 
 (1) Where a design right has been restored under Section 44bis(2), the effects of the design right shall not extend to any articles to which the registered design or design similar thereto 
has been applied and which was imported into, manufactured or 
acquired in Japan after the expiration of the time limit within which he may pay an annual fee belatedly under Section 44(1) but 
before the registration of the restoration of the design right. 
  (2) The effects of a design right which has been restored 
under Section 44bis(2) shall not extend to the following acts after 
the expiration of the time limit within which he may pay an annual fee belatedly under Section 44(1) but before the registration of the 
design: 
 (i) the working of the design or design similar thereto;  (ii) acts of manufacturing, assigning, leasing, importing or 
offering for assignment or lease of, things to be used exclusively 
for the manufacture of an article to which the registered design or design similar thereto has been applied.  IP/N/1/JPN/D/2 
 Page 27 
 
 
  
45.  Application mutatis mutandis of Patent Law 
 
 Section 110 (payment of annual fees by an interested person) 
and Section 111(1) [excluding (iii)] and (2) (refund of annual fees) of the Patent Law shall apply mutatis mutandis to the annual fees 
under this Law. 
 
Chapter V  Trial 
 
46.  Trial against examiner’s decision of refusal 
 
 (1) A person who has received the examiner’s decision that his 
application is to be refused and is dissatisfied may demand a trial 
thereon within 30 days from the transmittal of the examiner’s 
decision. 
  (2) Where, due to reasons outside his control, a person is unable to demand a trial under the preceding subsection within the 
time limit prescribed therein, he may, notwithstanding that 
subsection, make the demand within 14 days (where he is a resident abroad, within two months) from the date when the reasons ceased to 
be applicable but not later than six months following the expiration 
of the said time limit.  
 
47.  Trial against ruling to decline amendment 
 
 (1) A person who has received a ruling to decline an amendment 
under Section 17bis(1) of this Law and is dissatisfied may demand a trial thereon within 30 days from the transmittal of the ruling.  
However, this provision shall not apply when a new application for a 
design registration has been filed under Section 17ter(1).  
 (2) Section 46(2) shall apply mutatis mutandis to the demand 
for a trial under the preceding subsection.  
48.  Trial for invalidation of design registration 
 
 (1) In the following cases, a trial may be demanded for the 
invalidation of a design registration: 
 (i) where the registration has been effected contrary to 
Section 3, 3bis, 5, 9(1) or (2) or 10(2) or to Section 38 of the Patent Law as applied under Section 15(1) of this Law or to Section 
25 of the Patent Law as applied under Section 68(3) of this Law; 
 (ii) where the registration has been effected contrary to the provisions of a treaty; 
 (iii) where the registration has been effected in respect of a 
design application filed by a person who is not the creator of the design and has not succeeded to the right to obtain a design 
registration for the design concerned; 
 (iv) where, after the registration, the owner of the design right has become a person who can no longer enjoy such right under IP/N/1/JPN/D/2 
Page 28  
 
 Section 25 of the Patent Law as applied under Section 68(3) of this 
Law or the registration no longer complies with a treaty.  
 (2) Even after the extinguishment of a design right, a trial 
under the preceding subsection may be demanded.  
 (3) Where a trial under Subsection (1) has been demanded, the 
trial examiner-in-chief shall notify the exclusive licensee with respect to the design right and other persons who have any 
registered rights relating to the design registration. 
 
49. 
 
 Where a trial decision that a design registration is to be invalidated has become final and conclusive, the design right shall 
be deemed never to have existed.  However, where a design 
registration fell under Section 48(1)(iv) and a trial decision that the registration is to be invalidated has become final and conclusive, the design right shall be deemed not to have existed 
from the time when the registration first fell under that paragraph. 
 
50.  Application mutatis mutandis of provisions concerning 
examination 
 
 (1) Sections 17bis and 17ter shall apply mutatis mutandis to 
the trial under Section 46(1).  In such a case, “has demanded a 
trial under Section 47(1)” in Section 17bis(4) shall read “has instituted an action under Section 59(1)”. 
 
 (2) Section 18 shall apply mutatis mutandis where a demand for a trial under Section 46(1) is considered acceptable.  However, this 
provision shall not apply where a trial decision is rendered 
ordering a further examination in accordance with Section 160(1) of the Patent Law as applied under Section 52 of this Law. 
 
 (3) Section 50 (notification of reasons for refusal) of the Patent Law shall apply mutatis mutandis where a reason for refusal not contained in the examiner’s decision is found in the trial under 
Section 46(1). 
 
51.  Special provisions for trials against ruling to decline 
amendment 
 
 The adjudication in the case of a trial decision after a trial 
under Section 47(1) to the effect that the ruling shall be cancelled 
shall be binding on the examiner with respect to the case concerned.  
52.  Application mutatis mutandis of Patent Law 
 
 Sections 131(1) and (2), 132 to 133bis, 134(1), (3) and (4), 
135 to 154, 155(1) and (2), 156 to 158, 160(1) and (2), 161 as well 
as Sections 167 to 170 (demands for trial, trial examiners, trial proceedings, relationship with litigation and costs of trial) of the  IP/N/1/JPN/D/2 
 Page 29 
 
 
 Patent Law shall apply mutatis mutandis to trials under this Law.  
In such a case, “Section 121(1)” in Section 161 and “Section 121(1) or 126(1)” in Section 169(3) of the Patent Law shall read “Section 
46(1) or 47(1) of the Design Law”. 
 
Chapter VI  Retrial and Litigation 
 
53.  Demand for retrial 
 
 (1) Against a final and conclusive trial decision, The party 
concerned or an interventionaly demand a retrial.  
 (2) Sections 338(1) and (2) and 339 (grounds for retrial) of 
the Code of Civil Procedure (Law No. 109 of 1996) shall apply mutatis mutandis to demands for a retrial under the preceding 
subsection. 
 
54. 
 
 (1) Where the demandant and the defendant in a trial have in 
collusion caused a trial decision to be rendered, with the purpose of injuring the rights or interests of a third person, such person 
may demand a retrial against the final and conclusive trial 
decision.  
 (2) In such a retrial, the demandant and the defendant shall 
be made joint defendants.  
 
55.  Restriction on effects of design rights restored by retrial 
 
 (1) Where a design right relating to an invalidated design 
registration has been restored through a retrial, the effects of the design right shall not extend to any article to which the registered 
design or a design similar thereto has been applied and which was 
imported into, manufactured or acquired in Japan, in good faith after the time when the trial decision became final and conclusive but before the demand for a retrial was registered. 
 
 (2) Where a design right relating to an invalidated design registration has been restored through a retrial, the effects of the 
design right shall not extend, after the trial decision became final 
and conclusive but before the registration of the demand for a retrial, to the following acts: 
 (i) the working of the design or designs similar thereto in 
good faith;  (ii) acts of manufacturing, assigning, leasing, importing or 
offering for assignment or lease of, in good faith, things to be 
used exclusively for the manufacture of an article to which the registered design or a design similar thereto has been applied. 
 
56. 
 IP/N/1/JPN/D/2 
Page 30  
 
  Where a design right relating to an invalidated design 
registration has been restored through a retrial or where the establishment of a design right under a design application which was 
refused by a trial decision has been registered through a retrial, 
and where a person has, in good faith, been commercially working the design or a design similar thereto in Japan or has, in good faith, 
been making preparations therefor, after the trial decision became 
final and conclusive but before the registration of the demand for a retrial, such person shall have a non-exclusive license on the 
design right, to the extent of the design being worked or 
preparations being made for its commercial working.  
57.  Application mutatis mutandis of provisions on trial 
 
 (1) Sections 50(1) and (3) shall apply mutatis mutandis to a 
retrial against a final and conclusive trial decision on a trial 
under Section 46(1).   (2) Section 51 shall apply mutatis mutandis to a retrial 
against a final and conclusive trial decision on a trial under 
Section 47(1).  
58.  Application mutatis mutandis of Patent Law 
 
 (1) Sections 173 and 174(5) of the Patent Law shall apply 
mutatis mutandis to retrials under this Law. 
  (2) Sections 131, 132(3) and (4), 133, 133bis, 134(4), 135 to 
147, 150 to 152, 155(1), 156 to 158, 160, 168, 169(3) to (6) and 170 
shall apply mutatis mutandis to a retrial against a final and conclusive trial decision in a trial under Section 46(1).  In such a 
case, “Section 121(1) or 126(1)” in Section 169(3) of the Patent Law 
shall read “Section 46(1) of the Design Law”.  
 (3) Sections 131, 132(3) and (4), 133, 133bis, 134(4), 135 to 
147, 150 to 152, 155(1), 156, 157, 168, 169(3) to (6) and 170 shall apply mutatis mutandis to a retrial against a final and conclusive trial decision in a trial under Section 47(1).  In such a case, 
“Section 121(1) or 126(1)” in Section 169(3) of the Patent Law shall 
read “Section 47(1) of the Design Law”.  
 (4) Section 174(3) shall apply mutatis mutandis to a retrial 
against a final and conclusive trial decision under Section 48(1).  
59.  Actions against trial decisions, etc. 
 
 (1) An action against a trial decision or a ruling to decline 
an amendment under Section 17bis(1) as applied under Section 50(1) 
(including its application under Section 57(1)) or an action against a ruling of dismissal of a demand for a trial or retrial shall come 
under the exclusive jurisdiction of the Tokyo High Court. 
  IP/N/1/JPN/D/2 
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  (2) Section 178(2) to (6) (time limit for institution of 
action, etc.) and Sections 179 to 182 (defendant in the action, notification of institution of action, annulment of trial decision 
or ruling, and sending of certified copy of judgment) of the Patent 
Law shall apply mutatis mutandis to actions under the preceding subsection. 
 
60.  Actions on amount of remuneration 
 
 (1) Where a person who is concerned in an arbitration decision 
under Section 33(3) or (4) is dissatisfied with the amount of remuneration fixed in the decision, he may institute an action for 
the increase or decrease of the remuneration. 
  (2) Section 183(2) (time limit for institution of action) and 
Section 184 (defendant in the action) of the Patent Law shall apply 
mutatis mutandis to actions under the preceding subsection.  
60bis.  Relationship between administrative appeal and litigation 
 
 Section 184bis (relationship between administrative appeal and litigation) of the Patent Law shall apply mutatis mutandis to 
actions for the annulment of measures (with the exception of 
measures under Section 68(7)) taken under this Law or an order or ordinance thereunder. 
 
 
 
 
Chapter VII  Miscellaneous Provisions 
 
60ter.  Amendment 
 
 With respect to a procedure relating to a design application, 
a demand or other procedure relating to design registration, the 
person carrying on such procedure may make an amendment only during the pendency of the case in the examination, trial or retrial.  
61.  Registration in Design Register 
 
 (1) The following matters shall be registered in the Design 
Register kept in the Patent Office: 
 (i) the establishment, transfer, extinguishment, restoration or restriction on disposal of a design right; 
 (ii) the establishment, maintenance, transfer, modification, 
extinguishment or restriction on disposal of an exclusive or non-exclusive license; 
 (iii) the establishment, transfer, modification, 
extinguishment or restriction on disposal of rights in a pledge upon a design right or an exclusive or non-exclusive license. 
 
 (2) The Design Register, either in whole or in part, may be prepared by means of magnetic tapes (including other materials on IP/N/1/JPN/D/2 
Page 32  
 
 which matters can be accurately recorded by an equivalent method — 
hereinafter referred to as “magnetic tapes”).  
 (3) Other matters relating to registration that are not 
provided for in this Law shall be prescribed by Cabinet Order.  
62.  Issuance of design registration certificate 
 
 (1) When the establishment of a design right has been 
registered, the Commissioner of the Patent Office shall issue a 
design registration certificate to the owner of the registered design. 
 
 (2) Re-issuance of the certificate shall be prescribed by an ordinance of the Ministry of Economy, Trade and Industry. 
 
63.  Request for certification, etc. 
 
 (1) Anyone may request the Commissioner of the Patent Office 
to issue a certificate, a copy or an extract of documents, to allow 
the inspection or copying of documents, models or samples or to issue documents whose contents are recorded in the part of the 
Design Register prepared by magnetic tapes, where such documents, 
models or samples relate to design registrations.  However, this provision shall not apply in the case of the following documents, 
models or samples if the Commissioner of the Patent Office considers 
it necessary to keep them secret:  (i) a request, a drawing, photograph, model or sample attached 
thereto or documents concerning the examination of a design 
application, where the design registration concerned has not been effected; 
 (ii) a document, model or sample, where the secrecy of the 
design concerned has been demanded under Section 14(1);  (iii) documents concerning a trial under Section 46(1) or 
47(1), where a design registration has not been effected with 
respect to the design application pending in the trial case;  (iv) documents concerning a trial under Section 48(1) or a retrial of the final and conclusive trial decision, with respect to 
which the parties or intervenors concerned have given a notice that 
there has been described a trade secret (meaning the trade secret as referred to in Section 2(4) of the Unfair Competition Prevention Law 
(Law No. 47 of 1993)) owned by the parties or intervenors concerned; 
 (v) matters liable to damage the reputation or peaceful existence of an individual; 
 (vi) documents liable to contravene public order or morality. 
  (2) Where a demand made with respect for documents, models or 
samples as prescribed in the paragraphs of the preceding subsection 
is accepted, the Commissioner of the Patent Office shall notify a person, who has submitted such documents, models or samples, to that 
effect with a reason therefor. 
  IP/N/1/JPN/D/2 
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  (3) The Law Concerning Access to Information held by 
Administrative Organs (Law No. 42 of 1999) shall not apply to the documents concerning design registrations and the part of the Design 
Register, which have been prepared by magnetic tapes. 
 
64.  Indication of existence of design registration 
 
 The owner of a design right or an exclusive or non-exclusive licensee shall take steps, as prescribed in an ordinance of the 
Ministry of Economy, Trade and Industry, to mark articles to which a 
registered design or a design similar thereto has been applied or the packaging of such articles, with a statement to the effect that 
the articles are covered by a registered design or a design similar 
thereto (hereinafter referred to as “indication of a design registration”). 
 
65.  Prohibition of false marking 
 
 The following acts shall be unlawful: 
 (i) the marking of an article to which a registered design or 
a design similar thereto has not been applied or the packaging of such article, with an indication of a design registration or 
confusingly similar indication; 
 (ii) the assignment, lease or display for the purpose of assignment or lease of an article to which a registered design or 
design similar thereto has not been applied, where such article or 
its packaging is marked with an indication of a design registration or a confusingly similar indication; 
 (iii) the inclusion in an advertisement of an indication that 
an article is covered by a registered design or a design similar thereto or of a confusingly similar indication, for the purpose of 
causing others to produce or use the article or of assigning or 
leasing it, where a registered design or a design similar thereto has not been applied to the article. 
 
66.  Design Gazette 
 
 (1) The Patent Office shall publish the Design Gazette (Ishô 
Kôhô). 
  (2) In addition to those provided for in this Law, the Design 
Gazette shall contain the following matters: 
 (i) the extinguishment (with the exception of extinguishment due to expiration of term and extinguishment under Section 44(4)) or 
the restoration (limited to that under Section 44bis(2)) of a design 
right;  (ii) demands for a trial or retrial or withdrawals thereof and 
final and conclusive decisions of a trial or retrial (limited where 
the establishment of a design right is registered);  (iii) requests for an arbitration decision or withdrawals 
thereof and arbitration decisions; 
 (iv) final judgments in an action under Section 59(1) (limited 
where the establishment of a design right is registered). IP/N/1/JPN/D/2 
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 (3) Where an examiner’s decision or a trial decision that a design application is to be refused under the provision of the last 
sentence of Section 9(2) has become final and conclusive, the under-
mentioned matters relating to the design application shall be published in the Design Gazette in addition to those mentioned in 
the paragraphs of the preceding subsection.  In the case where such 
design application is one in which secrecy has been demanded under Section 14(1), all the matters prescribed in Paragraph (iii) shall 
be published without delay after the expiration of a period 
designated under the same subsection (where there are two or more design applications in which secrecy is demanded, whichever the 
demanded secrecy period is longer) following the date when an 
examiner’s decision or a trial decision that the design application is to be refused has become final and conclusive: 
 (i) the name and the domicile or residence of an applicant for 
a design application;  (ii) the application number and filing date of the application; 
 (iii) the request and the contents of drawings, photographs, 
models or samples attached thereto;  (iv) necessary matters other than those listed the preceding 
paragraph (iii). 
 
67.  Fees 
 
 (1) The person specified hereunder shall pay the fee the amount of which shall be prescribed by Cabinet Order with the actual 
costs taken into consideration: 
 (i) person requesting access to design in accordance with Section 14(4); 
 (ii) person making notification of succession in accordance 
with Section 34(4) of the Patent Law as applied under Section 15(2);  (iii) person requesting extension of time limit under Sections 
4 and 5(1) of the Patent Law as applied under Sections 17quater, 
43(3) or 68(1), or change of date under Section 5(2) of the Patent Law as applied under Section 68(1) of this Law;  (iv) person requesting re-issuance of design registration 
certificate; 
 (v) person requesting issuance of certificate in accordance with Section 63(1); 
 (vi) person requesting issuance of copy or extract of 
documents in accordance with Section 63(1);  (vii) person requesting inspection or copying of documents, 
models or samples in accordance with Section 63(1); 
 (viii) person requesting issuance of documents containing matters recorded in that part of the Design Register as prepared on 
magnetic tapes, in accordance with Section 63(1). 
  (2) The persons specified in the left-hand column of the 
attached table shall pay the fee the amount of which shall be 
prescribed by Cabinet Order within the limit of the amounts specified in the right-hand column of the table.  IP/N/1/JPN/D/2 
 Page 35 
 
 
  
 (3) The two preceding subsections shall not apply where the person to pay the fee in accordance with these subsections is the 
State and the like. 
  (4) The provisions of Subsections (1) and (2) shall not apply 
where the person to pay the fee in accordance with these provisions 
is the State entitled to own jointly a design right or a right to obtain a design registration and the independent administrative 
institutions prescribed by Cabinet Order in Section 42(2), or the 
independent administrative institutions entitled to own jointly such rights prescribed by Cabinet Order in the same subsection. 
 
 (5) Where the State and the like and the person other than the State and the like own jointly a design right or a right to obtain a 
design registration and there is an agreement with respect to their 
shares of the right, the annual fees under Subsection (1) or (2) (limited to the fees prescribed by Cabinet Order) shall be a sum with prescribed fees under these subsections multiplied by the 
ratios of the shares of the persons other than the State and the 
like, and the persons other than the State and the like shall pay such sum, notwithstanding the provisions of these subsections. 
 
 (6) Where the amount of the fees calculated in accordance with the provision of the preceding subsection has a fractional figure 
less than 10 yen, that fractional figure shall be discarded. 
  (7) The payment of the fee under Subsection (1) or (2) shall 
be made by patent revenue stamps as prescribed by an ordinance of 
the Ministry of Economy, Trade and Industry.  However, wherever so prescribed by an ordinance of the Ministry of Economy, Trade and 
Industry, such payment may be made in cash. 
  (8) A fee paid by mistake or in excess shall be refunded upon 
the request of the person making the payment. 
  (9) No request for a refund of a fee under the preceding 
subsection may be made after one year from the date of payment. 
 
68.  Application mutatis mutandis of Patent Law 
 
 (1) Sections 3 to 5 (time limits and dates) of the Patent Law 
shall apply mutatis mutandis to the time limits and dates prescribed in this Law.  In such a case, “Section 121(1)” in Section 4 of the 
Patent Law shall read “Section 46(1) or 47(1) of the Design Law”. 
  (2) Sections 6 to 9, 11 to 16, 17(3) and (4) and 18 to 24 as 
well as Section 194 (proceedings) of the Patent Law shall apply 
mutatis mutandis to design applications, demands and any other proceedings relating to design registrations.  In such a case, 
“Section 121(1)” in Section 9 of the Patent Law shall read “Section 
46(1) or 47(1) of the Design Law”, and “Section 121(1)” in Section IP/N/1/JPN/D/2 
Page 36  
 
 14 of the Patent Law shall read “Section 46(1) or 47(1) of the 
Design Law”.  
 (3) Section 25 (enjoyment of rights by aliens) of the Patent 
Law shall apply mutatis mutandis to design rights and other rights relating to design registrations. 
 
 (4) Section 26 (effect of treaties) of the Patent Law shall apply mutatis mutandis to design registrations. 
 
 (5) Sections 189 to 192 (transmittal) of the Patent Law shall apply mutatis mutandis to transmittal under this Law. 
 
 (6) Section 195ter of the Patent Law shall apply mutatis mutandis to measures under this Law or an order or ordinance 
thereunder. 
  (7) Section 195quater (restriction on appeals under Administrative Appeal Law) of the Patent Law shall apply mutatis 
mutandis to rulings to decline an amendment, examiners’ decisions, 
trial decisions and rulings of dismissal of a demand for trial or retrial under this Law as well as to measures from which no appeal 
lies under this Law. 
 
Chapter VIII  Penal Provisions 
 
69.  Offense of infringement 
 
 Any person who has infringed a design right or an exclusive 
license shall be liable to imprisonment with labor not exceeding three years or to a fine not exceeding 3,000,000 yen. 
 
 
 
70.  Offense of fraud 
 
 Any person who has obtained a design registration or a trial decision by means of a fraudulent act shall be liable to 
imprisonment with labor not exceeding one year or to a fine not 
exceeding 1,000,000 yen.  
71.  Offense of false marking 
 
 Any person infringing Section 65 shall be liable to 
imprisonment with labor not exceeding one year or to a fine not 
exceeding 1,000,000 yen.  
72.  Offense of perjury, etc. 
 
 (1) A witness, expert witness or interpreter who, having taken 
an oath under this Law, has made a false statement or has given a 
false expert opinion or has interpreted falsely before the Patent 
Office or a court commissioned thereby shall be liable to  IP/N/1/JPN/D/2 
 Page 37 
 
 
 imprisonment with labor for a term of not less than three months nor 
more than ten years.  
 (2) Where a person committing the offense in the preceding 
subsection has made a voluntary confession before, concerning the case, the certified copy of the interpretation is transmitted or the 
examiner’s decision or trial decision has become final and 
conclusive, his sentence may be reduced or suppressed.  
73.  Offense of divulging secrets 
 
 Where any present or former official of the Patent Office has 
divulged or made surreptitious use of the secrets relating to a 
design in a design application to which he had access in the course of his duties, he shall be liable to imprisonment with labor not 
exceeding one year or to a fine not exceeding 500,000 yen. 
 
74.  Dual liability 
 
 Where an officer representing a legal entity or a 
representative, employee or any other servant of a legal entity or of a natural person has committed an act in violation of Sections 
listed in the following paragraphs with regard to the business of 
the legal entity or natural person, the legal entity or the natural person shall, in addition to the offender, be liable to the fine 
prescribed in those paragraphs: 
 (i) Section 69, a fine not exceeding 100 million yen;  (ii) Section 70 or 71, a fine not exceeding 30,000,000 yen. 
 
75.  Administrative penalties 
 
 Where a person who has taken an oath under Section 207(1) of 
the Code of Civil Procedure as applied under Section 151 of the Patent Law  as applied under Section 71(3) of the Patent Law as 
applied under Section 25(3) of this Law or under Section 52 of this 
Law or under Section 58(2) or (3) of this Law or under 174(3) of the Patent Law as applied Section 58(4) of this Law, respectively  has made a false statement before the Patent Office or a court 
commissioned thereby, he shall be liable to an administrative 
penalty not exceeding 100,000 yen.  
76. 
 
 Where a person who has been summoned by the Patent Office or a 
court commissioned thereby in accordance with this Law has failed to 
appear or has refused to take an oath, to make a statement, to testify, to give an expert opinion or to interpret, without a 
legitimate reason, he shall be liable to an administrative penalty 
not exceeding 100,000 yen.  
77. 
 IP/N/1/JPN/D/2 
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  Where a person who has been ordered by the Patent Office or a 
court commissioned thereby to produce or show documents or other evidence in accordance with the provisions of this Law relating to 
the examination or preservation of evidence has failed to comply 
with the order, without a legitimate reason, he shall be liable to an administrative penalty not exceeding 100,000 yen. 
 
Attached Table (Related to Section 67) 
 
 Person liable to pay Amounts 
1. Person filing design application ¥16,000 per case 
2. Person demanding secrecy of design in 
accordance with Section 14(1) ¥5,100 per case 
3. Person requesting interpretation in 
accordance with Section 25(1) ¥40,000 per case 
4. Person requesting arbitration design ¥55,000 per case 
5. Person requesting cancellation of 
arbitration decision ¥27,500 per case 
6. Person demanding trial or retrial ¥55,000 per case 
7. Person demanding intervention in trial 
or retrial ¥55,000 per case 
 
 
__________