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Design Act (Act No. 125 of 1959) 
Latest revision: Act No.3 of May 17,2019  
 
Table of Contents 
Chapter I General Provision (Article 1 and Article 2) Chapter II Design Registrations and Applic ations for Design Registration (Article 
3 to Article 15)
 
Chapter III Examination (Article 16 to Article 19)  
Chapter IV Design Right 
Section 1 Design Rights (Article 20 to Article 36) 
Section 2 Infringement of righ ts (Article 37 to Article 41) 
Section 3 Registration Fees (Article 42 to article 45)  
Chapter V Trials and Appeals (Article 46 to Article 52)  
Chapter VI Retrial and Litigation  (Article 53 to Article 60-2) この意匠法の翻訳は、令和元年法律第三号までの改正（令和 3 年 4 月 1 日施行）
について作成したものです。 
この法令の翻訳は公定訳ではありません。法的効力を有するのは日本語の法令自
体であり、翻訳はあくまでその理解を助けるための参考資料です。この翻訳の利用に伴って発生した問題について、一切の責任を負いかねますので、法律上の問題に関しては、官報に掲載された日本語の法令を参照してください。    This English translation of the Design Act has been prepared (up to the 
revisions of Act No. 3 of 2019 (Effective April 1, 2021 )). 
 This is an unofficial translation. Only the original Japanese texts of laws and 
regulations have legal effect, and the tr anslations are to be used solely as 
reference material to aid in the underst anding of Japanese laws and regulations.  
  The Government of Japan shall not be responsible for the accuracy, reliability or currency of the legislative material provided in this Website, or for any 
consequence resulting from use of the information in this Website. For all purposes of interpreting and applying law to any legal issue or dispute, users should consult the original Japanese te xts published in the Official Gazette. 
 2 Chapter VI-2 Special Provisions based on Geneva Act of the Hague Agreement 
concerning the International Registration of Industrial Designs  
Section 1 Application for Inte rnational Registration (Article 60-3 to Article 60-5) 
Section 2 Special Provisions Concerning International Applications for Design 
Registration (Article 60-6 to Article 60-23)  
Chapter VII Miscellaneous Provisions  (Article 60-24 to Article 68) 
Chapter VIII Penal Provisions  (Article 69 to Article 77) 
Supplementary Provisions 
 Chapter I General Provision 
 
(Purpose) 
Article 1  The purpose of this Act is, through promoting the protection and the 
utilization of designs, to encourage creatio n of designs, and thereby to contribute 
to the development of industry. 
 
(Definition, etc.) 
Article 2  (1) "Design" in this Act shall mean the shape, patterns or colors, or any 
combination thereof (hereinafter referred to  as the “shape, etc.”), of an article 
(including a part of an article, the same s hall apply hereinafter), the shape, etc. of 
a building (including a part of a building, the same shall apply hereinafter), or a graphic image (limited to those provided fo r use in the operation of the device or 
those displayed as a result of the device  performing its function, and including a 
part of a graphic image, the same shall apply hereinafter excluding Article 3(2), 
Article 37(2), Article 38(vii) and (viii), A rticle 44-3(2)(vi) and Article 55(2)(vi)), 
which creates an aesthetic impression through the eye. 
(2) "Working" of a design in this Act shall mean the following acts; 
(i) Manufacturing, using, assigning, leasing,  exporting or importing, or offering for 
assignment or lease (including displaying for the purpose of assignment or lease, 
the same shall apply hereinafter) of an article to the design; 
(ii) Building, using, assigning or leasing, or offering for assignment or lease of the 
building to the design; 
(iii) Acts falling under any of the followi ng performed for the graphic image to the 
design (including a computer program, e tc. (refers to a computer program, etc. 
provided in Article 2(4) of the Patent A ct (Act No.121 of 1959); the same shall apply 
hereinafter) that has a function to disp lay the graphic image and the same shall 3 apply in the following items); 
(a) Creating, using, or providing through an electric telecommunication line or 
offering for the provision (including disp laying for the purpose of provision, the 
same shall apply hereinafter) of the graphic image to the design; 
(b) Assigning, leasing, exporting or importi ng, or offering for assignment or lease 
of a recording medium that has recorded th e graphic image to the design or a device 
incorporating the graphic image to the desi gn (hereinafter referred to as a "graphic 
image recording medium, etc."); 
(3) "Registered design" in this Act shall mean  a design for which a design registration 
has been granted. 
 
Chapter II Design Registrations and Ap plications for Design Registration 
 
(Conditions for Design Registration) 
Article 3  (1) A creator of a design that is industrially applicable may be entitled to 
obtain a design registration for the sa id design, except for the following: 
(i) Designs that were publicly known in  Japan or a foreign country, prior to the 
filing of the application for design registration; 
(ii) Designs that were described in a dis tributed publication, or designs that were 
made publicly available through an electric telecommunication line in Japan or a foreign country, prior to the filing of th e application for design registration; or 
(iii) Designs similar to those prescribed in the preceding two items. 
(2) Where, prior to the filing of the app lication for design re gistration, a person 
ordinarily skilled in the art of the design would have been able to easily create the 
design based on the shape, etc. or grap hic images that were publicly known, 
described in a distributed publication or  made publicly available through an 
electric telecommunication line in Japan or a foreign country, a design registration 
shall not be granted for such a design (e xcept for designs prescribed in any of the 
items of the preceding paragraph), notw ithstanding the preceding paragraph. 
 Article 3-2  Where a design in an application for design registration is identical with 
or similar to part of a design described in the statement in the application and 
drawing, photograph, model or specimen attached to the application of another 
application for design registration which has been filed prior to the date of filing of the said application and published after the filing of the said application in the design bulletin under Article 20(3) or Arti cle 66(3) (hereinafter referred to in this 4 Article as the "earlier application"), a desi gn registration shall not be granted for 
such a design, notwithstanding paragraph (1) of the preceding Article; provided, 
however, that this shall not apply where the applicant of the said application and 
the applicant of the earlier application are the same person and the said application was filed before the date when the design bulletin in which the earlier application was published under Article 20(3) (except for a design bulletin in which the matters listed in Article 20(3)(iv) were published under Article 20(4)) was issued. 
 (Exception to lack of novelty of design) 
Article 4  (1) In the case of a design which has fallen under item (i) or (ii) of Article 
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 fa llen under item (i) or (ii) of Article 3(1) 
for the purposes of Article 3(1) and (2) fo r any design in an application for design 
registration which has been filed by the said person within one year from the date on which the design first fell under either of those items. 
(2) In the case of a design which has fallen under item (i) or (ii) of Article 3(1) as a 
result of an act of the person having th e right to obtain a design registration 
(excluding those which have fallen under item  (i) or (ii) of Article 3(1) by being 
published in a gazette relating to an inve ntion, utility model, design or trademark), 
the preceding paragraph shall also apply for the purposes of Article 3(1) and (2) to any design in an application for design re gistration which has been filed by the 
said person within one year from the date on which the design first fell under either of those items. 
(3) Any person seeking the application of the preceding paragraph shall submit to 
the Commissioner of the Patent Office, at th e time of filing of the application for 
design registration, a document stating th ereof and, within thirty days from the 
date of filing of the application for design  registration, a document proving the fact 
that the design which has otherwise fallen under  item (i) or (ii) of  Article 3(1) is a 
design to which the preceding paragraph (referred to as a "certificate" in the 
following paragraph) may be applicable. 
(4) Notwithstanding the preceding paragrap h, where, due to reasons beyond the 
control of a person who submits a certificate, the person is unable to submit the certificate within the time limit as provid ed in the said paragraph, the person may 
submit to the Commissioner of the Patent  Office the certificate within 14 days 
(where overseas resident, within two mont hs) from the date on which the reasons 5 ceased to be applicable, but not later t han six months following the expiration of 
the said time limit. 
 (Unregistrable designs) 
Article 5  Notwithstanding Article 3, the following designs shall not be registered. 
(i) a design which is liable to injure public order or morality; (ii) a design which is liable to create confusion with an article, building or graphic 
image pertaining to another person's business; or 
(iii) a design solely consisting of a s hape that is indispensable for securing 
functions of the article or a shape that is indispensable for usage of the building, or a design solely consisting of a display that is indispensable for usage of the graphic image. 
 
(Provisional non-exclusive license) 
Article 5-2  (1) A person who has the right to obtain a design registration may grant 
a provisional non-exclusive license on the design right to be obtained based on the right to obtain a design registration to a third person within the scope of a design 
stated in the application for design regi stration and depicted in the drawing, or 
represented in the photograph, model or sp ecimen attached to the application or a 
design similar thereto. 
(2) Where the establishment of a design right has been registered with regard to the 
application for design registration perta ining to the provisional non-exclusive 
license under the preceding paragraph, a no n-exclusive license shall be deemed to 
have been granted on regard to the design right to a person who has the said provisional non-exclusive license to the extent permitted by the contract granting 
the said provisional non-exclusive license. 
(3) The provisions of Article 33(2) and (3), 34-3(4), (6), (8) to (10) and 34-5 of the 
Patent Act shall apply mutatis mutandis to a provisional non-exclusive license. In this case, the term "Article 46(1)" in Article 34-3(8) of the Patent Act shall be deemed to be replaced with "Article 13(2) of the Design Act," the term "Article 46(2) 
of the Patent Act with regard to an app lication for design registration pertaining 
to a provisional non-exclusive license under  Article 5-2(1) of the Design Act (Act 
No.125 of 1959)" in Article 34-3(9) of the Patent Article shall be deemed to be replaced with "Article 13(1) of the Design  Act with regard to a patent application 
pertaining to a provisional non-exclusive lic ense under paragraph (1) or (4) of the 
preceding Article." 6  
(Application for design registration) 
Article 6  (1) A person requesting a desi gn registration shall submit to the 
Commissioner of the Patent Office an ap plication stating the following matters 
and drawing depicting the design fo r which registration is requested: 
(i) the name, and domicile or residence of the applicant for the design registration; 
(ii) the name and domicile or residence of the creator of the design; and (iii) the article to the design, or the usage of the building or graphic image to the 
design. 
(2) Where so provided by an Ordinance of  the Ministry of Economy, Trade and 
Industry, the applicant may submit photog raph, model or specimen representing 
the design for which the registration is re quested, in lieu of the drawing in the 
preceding paragraph. In such case, the applicant shall indicate in the application which among photograph, model and specimen is submitted. 
(3) When neither the statement of the article to the design or the application of the 
building to the design required under item (iii) of paragraph (1), nor the drawing, 
photograph or model attached to the application would enable a person ordinarily skilled in the art to which the design pertains to understand the material or size of the article or building, and by this reason such a person would not be able to recognize the design, the material or size of the article or building to the design shall be specified in the application. 
(4) Where the shape, patterns or colors of the article, the shape, patterns or colors of 
the building, or the graphic image to the design is changeable based on the function possessed by the article, building or graphic image if the applicant intends 
to request a design registration of the shap es, etc. the article, the shapes, etc. of 
the building or the graphic image as it appears before, during and after the said change, he/she shall state such an intention and include an explanation of said function of the article, building or graphic image in the application. 
(5) Where colors of the design are applied to  the drawing, photograph or model to be 
submitted under paragraph (1) or (2), the applicant may omit to apply either black 
or white to them. 
(6) When the applicant omits to apply blac k or white under the preceding paragraph, 
the applicant shall state thereof in the application. 
(7) Where the applicant submits the drawing depicting the design under paragraph 
(1) or the photograph or model representing the design under paragraph (2), if the whole or part of the article, building or gr aphic image to the design is transparent, 7 the applicant shall state thereof in the application. 
 
(One application per design) 
Article 7  An application for design regis tration shall be filed for each design as 
provided by Ordinance of the Ministry  of Economy, Trade and Industry. 
 
(Design for a set of articles) 
Article 8  Where two or more articles, build ings or graphic images are used together 
and are specifically designated by Ordi nance of the Ministry of Economy, Trade 
and Industry (hereinafter referred to as a "Set  of Articles"), if the Set of Articles is 
coordinated as a whole, an application for design registration may be filed as one design, and the applicant may obtain a de sign registration, for designs for the 
articles, buildings or graphic images that constitute the Set of Articles. 
 (Design for interior) Article 8-2 Where designs for articles, build ings or graphic images that constitute 
equipment and decorations inside a store, office and the other facilities (hereinafter referred to as "interior") create a coordinated  aesthetic impression as a whole interior, 
an application for design registration may be filed as one design, and the applicant 
may obtain a design registration.  
(Prior application) 
Article 9  (1) Where two or more applicatio ns 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 ea rliest date shall be entitled to obtain a 
design registration for the design. 
(2) Where two or more applications for design registration have been filed for 
identical or similar designs on the same date, only one applicant, who was selected by consultations between the applicants wh o filed the said applications, shall be 
entitled to obtain a design registration  for the design. Where no agreement is 
reached by consultations or consultati ons are unable to be held, none of the 
applicants shall be entitled to obtain a design registration for the design. 
(3) Where an application for design regist ration has been waived, withdrawn or 
dismissed, or where the examiner's decision or appeal and trial decision to the effect that an application for design registra tion is to be refused has become final 
and binding, the application for design re gistration shall, for the purpose of the 8 preceding two paragraphs, be deemed never to have been filed; provided, however, 
that this shall not apply to the case wher e the examiner's decision or appeal and 
trial decision to the effect that the applic ation for design registration is to be 
refused has become final and binding on the basis that the latter sentence of the preceding paragraph is applicable to said application for design registration. 
(4) The Commissioner of the Patent Office shall, in the case of paragraph (2), order 
the applicants to hold consultations as specified under paragraph (2) and to report the result thereof, designating an adequate time limit. 
(5) Where no report under the preceding paragraph is submitted within the time 
limit designated under said paragraph, th e Commissioner of the Patent Office may 
deem that no agreement under pa ragraph (2) has been reached. 
 
(Amendment of statement in the applicat ion or the drawing, etc., and change of 
gist) 
Article 9-2  Where, after the registration est ablishing a design right, it is found that 
an amendment made to any statement in the application (excluding the statements listed in items (i) and (ii) of Article 6(1) and the statement made under 
Article 6(2), the same shall apply to Article 17-2(1) and Article 24(1).) or to the drawing, photograph model or specimen attached to the application has changed 
the gist thereof, the application for design  registration shall be deemed to have 
been filed at the time of submission of the written amendment of proceedings therefor. 
 (Related designs) 
Article 10  (1) Notwithstanding Article 9(1) or (2), an applicant for design 
registration may obtain design registration  of a design that is similar to another 
design selected from the applicant's ow n designs either for which an application 
for design registration has been filed or  for which design registration has been 
granted (hereinafter the selected design is  referred to as the "Principal Design" 
and a design similar to it is referred to as  a "Related Design"), if the filing date of 
the application for design registration  of the Related Design (or when the 
application for design registration of the Related Design contains a priority claim 
under Article 43(1) , 43-2(1), 43-3(1) or 43-3(2) of the Patent Act as applied mutatis 
mutandis under Article 15(1) of this Act, th e filing date of the earliest application, 
the filing date of an application that is d eemed to be the earliest application under 
Article 4.C(4) of the Paris Convention for the Protection of Industrial Property of 9 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 earlie st application under Article 4.(A)2 of the 
Paris Convention, hereinafter the same shall apply in this paragraph) is on or after 
the filing date of the application for design  registration of the Principal Design and 
before  a lapse of 10 years from the date of filing of the application for design 
registration of the Principal Design; prov ided, however, that this shall not apply 
to a case where the design right of the Principal Design has been extinguished 
under the Article 44(4), appeal and trial deci sion to the effect that the design right 
of the Principle Design is to be invalidated has become final and binding, or the design right of a Principal Design has been waived at the time of the establishment of the design right of the Related Design. 
(2) Among the applicant’s own designs which have fallen under item (i) or (ii) of 
Article 3, paragraph (1) , those which are identical with or similar to the Principal Designs of the design for which the regis tration is requested under the preceding 
paragraph shall be deemed not to have fall en under item (i) or (ii) of the said 
Article, paragraph (1), for the purposes of the said Article, paragraph (1) and (2) for such a design for which th e registration is requested. 
(3) The design for which the registration is requested under paragraph (1), for the 
purpose of application of the proviso to Article 3-2, the term “except for a design bulletin in which the matters listed in Article 20(3)(iv) were published under Article 20(4)” in the proviso to Article 3- 2 shall be deemed to be replaced with 
“where the secrecy is requested for the ea rlier application for design registration 
under Article 14(1), limited to a design bulletin in which the matters listed in Article 20(3) (iv) were published under Article 20(4).” 
(4) With respect to a design similar only to  a Related Design to be to be registered 
under paragraph (1), the Related Design shall be deemed to be the Principal Design and a design registration may be  granted to the design under the said 
paragraph. The same shall apply to a design that is similar only to the Related Design for which the design registration  above may be granted and to a design 
that is similar only to the gradual Rela ted Design linked to the Related Design. 
(5) In the case of the preceding paragraph, for the purpose of application of the 
paragraph (1), the term "the Principal Design" in the said paragraph shall be deemed to be replaced with "the primarily  selected design pertaining to the Related 
Design". 10 (6) Where an exclusive license has been established for the design right of the 
Principal Design, a design registration sha ll not be granted to its Related Designs, 
notwithstanding the paragraph (1) and (4). 
(7) Where applications for design registration  of the Related Design are filed, if the 
applications for design registration are fo r two or more designs and each of such 
designs falls under the Related Designs (refers to the Related Designs of the Fundamental Design and the gradual Relate d Designs linked to the Related Design, 
the same shall apply hereinafter) pertaining to the Fundamental Design (refers to the primarily selected design pertaining to the Related Design, the same shall 
apply hereinafter), Article 9(1) or (2 ) shall not apply to these designs. 
(8) In the case as provided in the prec eding paragraph, among the applicant’s own 
designs which have fallen under item (i) or (ii) of Article 3, paragraph (1) , those which are identical with or similar to  the Related Design pertaining to the 
Fundamental Design (excluding the cases where an application for design registration of the Related Design has been waived, withdrawn or dismissed, or 
where the examiner's decision or appeal and trial decision to the effect that an application for design registration of the Re lated Design is to be refused has become 
final and binding, or the design right of the Related Design has been extinguished 
under Article 44(4) or appeal and trial decisi on to the effect that the design right of 
the Related Design is to be invalidated has  become final and binding or the design 
right of the Related Design has been waived) shall be deemed not to have fallen under item (i) or (ii) of Article 3, paragraph (1) for the purposes of said Article, paragraph (1) and (2) for such a design for which the registration is requested under 
the paragraph (1). 
 
(Division of applications for design registration) 
Article 10-2  (1) An applicant for design registration may extract one or more new 
applications for design registration ou t of a single application for design 
registration containing two or more desi gns only while examination, appeal and 
trial or retrial of the application fo r design registration is pending. 
(2) Where an application for design regis tration is divided under the preceding 
paragraph, the new application(s) for desi gn registration shall be deemed to have 
been filed at the time of the filing of th e original application; provided, however, 
that this shall not apply for the purposes of applications of Article 4(3) of this Act and Article 43(1) and (2) of the Patent Act as applied mutatis mutandis pursuant to Article 15(1) of this Act (including the cases where they are applied mutatis 11 mutandis pursuant to Article 43-2(2) of the Patent Act (including the cases where 
they are applied mutatis mutandis pursuant to Article 43-3(3) of the Patent Act as 
applied mutatis mutandis pursuant to Articl e 15(1) of this Act)and Article 43-3(3) 
of the Patent Act as applied mutatis mutandis pursuant to Article 15(1) of this Act). 
(3) Where a new application for design regist ration is filed under paragraph (1), any 
statements or documents which have been submitted in relation to the original application for design registration and are required to be submitted in relation to 
the new application under Article 4(3) of this Act and Article 43(1) and (2) of the Patent Act as applied mutatis mutandis under Article 15 of this Act (including 
cases where they are applied mutatis mutandis pursuant to Article 43-2(2) of the 
Patent Act (including cases where they are applied mutatis mutandis pursuant to 
Article 43-3(3) of the Patent Act as applied mutatis mutandis pursuant to Article 
15(1) of this Act) shall be deemed to have been submitted to the Commissioner of 
the Patent Office along with the new application for design registration. 
 Article 11  Deleted  Article 12  Deleted  
(Conversion of application) 
Article 13  (1) An applicant of a patent may convert the patent application into an 
application for design registration; provid ed, however, that this shall not apply 
after the expiration of three months from the date the certified copy of the examiner's initial decision to the effect that  the patent application is to be refused 
has been served. 
(2) An applicant of a utility model registration may convert the application for a 
utility model registration into an a pplication for design registration 
(3) Where the period as provided in Article 121(1) of the Patent Act is extended under 
Article 4 of said Act, the period as prov ided in the proviso to paragraph (1) shall 
be deemed to have been extended on ly for that period as extended. 
(4) Where an application is converted under  paragraph (1) or (2), the original 
application shall be deemed to have been withdrawn. 
(5) An applicant of a patent may, when there is a person who has a provisional 
exclusive license on the patent applicat ion, may convert the patent application 
pursuant to paragraph (1) only in the case where the consent of the person is 12 obtained. 
(6) Articles 10-2(2) and (3) shall apply mutatis mutandis to the case of conversion of 
an application under paragraph (1) or (2). 
 
(Special provisions on conversion of  application concerning international 
applications under the Pa tent Cooperation Treaty) 
Article 13-2  (1) An international applicatio n that has been deemed to be a patent 
application under Article 184-3(1) or 184-20( 4) of the Patent Act may be converted 
to an application for design registration, only after the fees payable under Article 
195(2) of said Act have been paid (or, in  the case of an international application 
that is deemed to be a patent applicatio n under Article 184-20(4) of said Act, after 
the ruling as provided in 184-20(4) has been rendered), and, in the case of a Patent Application in Japanese Language under Article 184-6(2) of said Act, the 
procedures under Article 184-5(1) of said Act have been completed, or, in the case 
of a Patent Application in Foreign Languag e under Article 184-4(1) of said Act, the 
procedures under Articles 184-4(1) or (4) and 184-5(1) of said Act have been 
completed. 
(2) An international application that has b een deemed to be an application for utility 
model registration under Article 48-3(1) or 48-16(4) of the Utility Model Act (Act 
No. 123 of 1959) may be converted to an app lication for design registration, only 
after the fees payable under Article 54(2) of said Act have been paid (or, in the case 
of an international application that is d eemed to be an application for utility model 
registration under Article 48-16(4) of said Act, after the ruling as provided in Article 48-16(4) has been rendered), and, in the case of a Utility Model Application in Japanese under Article 48-5(4) of said Act, the procedures under Article 48-5(1) 
of said Act have been completed, or, in th e case of a Utility Model Application in 
Foreign Language under 48-4(1) of said Act,  the procedures under Articles 48-4(1) 
or (4) and 48-5(1) of said Act have been completed. 
 (Secret design) 
Article 14  (1) An applicant for design regi stration may request that the design be 
kept in secret for a period that shall be designated in the request and shall be no 
more than three years from the date of the registration establishing the design right. 
(2) A person filing a request prescribed in the preceding paragraph shall submit to 
the Commissioner of the Patent Office, at th e time of filing of the application for 13 design registration or payment of registra tion fee for the first year under Article 
42(1), a document stating the following: 
(i) the name and domicile or residence of the applicant for design registration; and 
(ii) the period for which the secrecy is requested. 
(3) The applicant for design registration or  the holder of design right may request 
extension or reduction of the period fo r which the secrecy is requested under 
paragraph (1). 
(4) The Commissioner of the Patent Office shall disclose the design for which the 
secrecy is requested under paragraph (1) to  persons other than the holder of design 
right, when: 
(i) consent of the holder of design right to do so has been obtained; (ii) so requested by a party or an intervenor of examination, appeal and trial, 
retrial or litigation relating to the design or a design identical with or similar to 
the design; 
(iii) so requested by a court; or (iv) so requested by an interested pers on who has submitted a document stating 
the name of the holder of design right and the registration number and other documents required by an Ordinance of the Ministry of Economy, Trade and Industry. 
 
(Application mutatis mutandis of provisions of the Patent Act) 
Article 15  (1) Articles 38 (joint applicatio ns) and 43 to 43-3(procedures for a priority 
claim under the Paris Convention, and priority claims recognized under the Paris 
Convention) of the Patent Act shall appl y mutatis mutandis to applications for 
design registration. In this case, the term "within the time limit provided by Ordinance of Ministry of the Economy, Trade and Industry" in Article 43(1) of said Act shall be deemed to be replaced with "a t the time of filing of the application for 
design registration"; the term "within one year and four months from the earliest 
of the following dates" in Article 43(2) of th e said Act shall be deemed to be replaced 
with "within three months from the date of filing of the application for design registration". 
(2) Article 33 and Article 34(1), (2) and (4) to (7) of the Patent Act (right to obtain 
patent) shall apply mutatis mutandis to the right to obtain the design registration. 
(3) Article 35 (excluding except the part pe rtaining to a provisional exclusive license) 
(inventions by employees) of the Patent Act shall apply mutatis mutandis to creation of a design by an employee, an offi cer of a juridical person, or a national 14 or local government employee. 
 
Chapter III Examination (Article 16 to Article 19) 
(Examination by examiner) 
Article 16  The Commissioner of the Patent Office shall direct the examination of 
applications for design registration by an examiner. 
 
(Examiner's decision of refusal) 
Article 17  The examiner shall render an ex aminer's decision to the effect that an 
application for design registration is to be refused where the application for design 
registration falls under any of the following: 
(i) the design in the application for desi gn registration is not registrable under 
Article 3, 3-2, 5, 8, 8-2, 9(1) or (2), 10(1), (4) or (6) of this Act, Article 38 of the Patent Act as applied under Article 15(1) of this Act, or Article 25 of the Patent Act as applied under Article 68(3) of this Act;  
(ii) the design in the application for design  registration is not registrable under the 
provisions of any relevant treaty; 
(iii) the application for design registrati on does not comply with the requirements 
under Article 7; and 
(iv) where an applicant of a design registra tion does not have the right to obtain a 
design registration on the design for the said design. 
 
(Dismissal of amendments) 
Article 17-2  (1) Where an amendment made to any statement in the application, or 
to the drawing, photograph, model or sp ecimen attached to the application has 
changed the gist thereof, the examiner shall dismiss the amendment by a ruling. 
(2) The ruling dismissing an amendment under the preceding paragraph shall be 
made in writing and state the reasons therefor. 
(3) Where the ruling dismissing an amendment under the preceding paragraph (1) 
has been rendered, the examiner shall not render a decision on the application for 
design registration before the expiration of three months from the date on which 
a certified copy of the ruling has been served. 
(4) Where an applicant for design registrati on files a request for appeal against an 
examiner's ruling dismissing an amendment under paragraph 1, examination of the application for design registration shall be suspended until the appeal and trial decision becomes final and binding. 15  
(New application for amended design) 
Article 17-3  (1) Where an applicant for de sign registration files, within three 
months from the date on which a certified copy of the ruling dismissing an amendment under paragraph 1 of the preceding Article has been served, a new application for design registration for the amended design, the new application 
shall be deemed to have been filed at the time when the written amendment of proceedings for the said amendment was submitted. 
(2) Where a new application for design re gistration is filed under the preceding 
paragraph, the original application for desi gn registration shall be deemed to have 
been withdrawn. 
(3) The preceding two paragraphs shall apply only when the applicant for design 
registration has submitted to the Commission er of the Patent Office, at the time 
of the filing of a new application, a docu ment stating a request for the application 
of paragraph 1 to the new application for design registration under paragraph 1. 
 Article 17-4  (1) The Commissioner of the Patent Office may, upon request or ex 
officio, extend the period provided for in paragraph (1) of the preceding Article for a person in a remote area or an ar ea with transportation difficulty. 
(2) The chief administrative judge may, upon request or ex officio, extend the period 
provided for in paragraph (1) of the prec eding Article as applied mutatis mutandis 
under Article 50(1) (including its applicat ion under Article 57(1)) for a person in a 
remote area or an area with transportation difficulty. 
 
(Examiner's decision to the effect that a design registration is to be granted) 
Article 18  Where no reasons for refusal are found for an application for design 
registration, the examiner shall render a decision to the effect that a design 
registration is to be granted. 
 
(Application mutatis mutandis of provisions of the Patent Act) 
Article 19  Articles 47(2) (qualifications of  examiners), 48 (exclusion of examiners), 
50 (notice of reasons for refusal), 52 (form al requirements for decision) and 54 (in 
relation to litigation) of the Patent  Act shall apply mutatis mutandis to 
examination of applications of design registration. 
 Chapter IV Design Right 16  
Section 1 Design Rights (Article 20 to Article 36) 
 
(Registration of establishment of a design right) 
Article 20  (1) A design right shall beco me effective upon registration of its 
establishment. 
(2) The establishment of a design right sha ll be registered where the registration fee 
for the first year under Article 42(1) has been paid. 
(3) Where the registration under the preceding paragraph has been effected, the 
following matters shall be published in the design bulletin: 
(i) the name, and the domicile or residence of the holder(s) of the design right; (ii) the number and the filing date of the application for the design registration; (iii) the registration number and the date of registration of establishment; (iv) the contents of the application and drawing, photograph, model or specimen 
attached to the application; and 
(v) other necessary matters. 
(4) With regard to the design for which secrecy is requested under Article 14(1), 
notwithstanding the preceding paragraph, matters provided for in item (iv) of the preceding Article shall be published with out delay after the lapse of the period 
designated under Article 14(1). 
 
(Duration of design rights) 
Article 21  (1) The duration of a design righ t (excluding the design right of a Related 
Design) shall expire after a period of 25 years from the date of the application for design registration. 
(2) The duration of a design right of a Rela ted Design shall expire after a period of 
25 years from the date of the application fo r design registration of its Fundamental 
Design. 
 
(Transfer of the design right of a Related Design) 
Article 22  (1) The design right of a Fundamental Design and that of its Related 
Design may not be transferred in dependently of each other. 
(2) Where the design right of a Fundamental Design has been extinguished under 
Article 44(4), appeal and trial decision to  the effect that the design right of a 
Fundamental Design is to be invalidated  has become final and binding, or the 
design right of a Fundamental Design has  been waived, the design right of its 17 Related Design thereof may not be transferred independently. 
 
(Effect of design right) 
Article 23  A holder of a design right s hall have the exclusive right to work the 
registered design and designs similar th ereto as a business; provided, however, 
that where an exclusive license regarding th e design right is granted to a licensee, 
this shall not apply to the extent that the exclusive licensee is licensed to exclusively work the registered design and designs similar thereto. 
 
(Scope of registered design, etc.) 
Article 24  (1) The scope of a registered design shall be determined based upon the 
design stated in the application and depicte d in the drawing or represented in the, 
photograph, model or specimen attached to the application. 
(2) Whether a registered design is identical with or similar to another design shall 
be determined based upon the aesthetic impression that the designs would create 
through the eye of their consumers. 
 Article 25  (1) A request may be made to th e Patent Office for its advisory opinion 
on the scope of a registered design and designs similar thereto. 
(2) Where a request under the preceding paragraph is made, the Commissioner of 
the Patent Office shall designate three ad ministrative judges to make an advisory 
opinion on the requested matter. 
(3) Article 71(3) and (4) of the Patent Act shall apply mutatis mutandis to the 
advisory opinion under paragraph (1). 
 Article 25-2  (1) Where the Commissioner of the Patent Office is commissioned by 
the court for the provision of an expert opinion on the scope of a registered design and designs similar thereto, the Commission er of the Patent Office shall appoint 
three administrative judges and direct th em to provide an expert opinion on the 
requested matter. 
(2) Article 71-2(2) of the Patent Act shall apply mutatis mutandis to the 
commissioning of the provision of an expert opinion prescribed in the preceding paragraph. 
 
(Relationship to registered designs, etc. held by others) 
Article 26  (1) Where a registered design uses another person's registered design, 18 patented invention or registered utility model for which an application was filed 
prior to the date of filing of the application for the said design, or a design similar to another person's registered design, or where part of a design right pertaining to 
the registered design is in conflict with another person's patent right, utility model 
right or trademark right obtained based on an application filed prior to the date of filing of the application for the said regi stered design, or copyright which arose 
prior to the date of filing of the applicatio n for the said registered design, the holder 
of the said design right or exclusive licen see or non-exclusive licensees of the said 
design right may not work the said registered design as a business. 
(2) Where a design similar to a registered design uses another person's registered 
design, patented invention or registered  utility model for which an application was 
filed prior to the date of filing of the application for the said design, or a design similar to another person's registered design, or where part of a design right 
pertaining to designs similar to the regist ered design is in conflict with another 
person's design right, pate nt right, utility model right or trademark right obtained 
based on an application filed prior to the date of filing of the application for the 
said registered design, or copyright which arose prior to the date of filing of the 
application for the said registered design, the holder of the said design right or exclusive licensee or non-excl usive licensees of the said design right may not work 
such similar design as a business. 
 
(Special provisions for pertaining to transfer of a design right) 
Article 26-2  (1) Where a design registrati on falls under the requirements provided 
for in Article 48(1)(i) (limited to cases where the design registration has been 
granted obtained in violation of Article 38 of the Patent Act as applied mutatis mutandis in Article 15(1)) or in Article 48(1)(iii), a person who has the right to obtain a design registration on the design pertaining to the said design 
registration may, pursuant to the provis ion of an Ordinance of the Ministry of 
Economy, Trade and Industry, request an owner  the holder of design right to 
transfer the said design right as provided by an Ordinance of the Ministry of Economy, Trade and Industry. 
(2) A request with regard to the design ri ght of a Fundamental Design or a Related 
Design under the preceding paragraph may no t be filed after any of the right of its 
Fundamental Design or its Related Design ha s been extinguished, unless the 
extinguished design right has been d eemed never to have existed from the 
beginning under Article 49. 19 (3) Where the transfer of a design right has been registered based on the request 
under paragraph (1), the design right shall be deemed to have belonged to a person 
who has obtained the said registration from the beginning. The same shall apply to the right to claim on the design pertain ing to the said design right under Article 
60-12(1). 
(4) Where a share of a jointly owned design right is transferred based on the request 
under paragraph (1), Article 73(1) of the Patent Act as applied mutatis mutandis pursuant to Article 36 of this Act shall not apply. 
 
(Exclusive license) 
Article 27  (1) A holder of a design right may grant an exclusive license on the design 
right; provided, however, an exclusive license on a design right of a Fundamental Design or exclusive licenses on design righ ts of its Related Designs may be granted 
only where the exclusive licenses on the design rights of the Fundamental Design and all Related Designs are granted to the same person at the same time. 
(2) An exclusive licensee shall have an exclus ive right to work the registered design 
or designs similar thereto as a business to  the extent permitted by the contract 
granting the license. 
(3) Where the design right of a Fundamental Design has been extinguished under 
Article 44(4), appeal and trial decision to  the effect that the design right of a 
Fundamental Design is to be invalidated  has become final and binding, or the 
design right of a Fundamental Design has been waived, exclusive licenses on design rights of its Relate d Designs may be granted only where all the exclusive 
licenses on the design rights of the Relate d Designs are granted to the same person 
at the same time. 
(4) Articles 77 (iii) to (v) (Transfer, etc.),  97(2) (Waiver, etc.) and 98(1)(ii) and (2) 
(effect of registration) of the Patent Act shall apply mutatis mutandis to exclusive 
licenses. 
 
(Non-exclusive license) 
Article 28  (1) A holder of a design right may grant a non-exclusive license on the 
design right to any third party. 
(2) A non-exclusive licensee shall have a ri ght to work the registered design or 
designs similar thereto as a business to the extent prescribed by this Act or 
permitted by the contract granting the license. 
(3) Articles 73(1) (joint ownership), 97(3) (waiver) and 99 (perfection of non-exclusive 20 license) of the Patent Act shall apply mutatis mutandis to non-exclusive licenses. 
 
 (Non-exclusive license based on prior use) 
Article 29  A person who, without knowledge of a design in an application for design 
registration, created a design identical or similar to the said design, or a person 
who, without knowledge of a design in an application for design registration, 
learned of the design from a person who created a design identical or similar to the said design, and has been working the design or a design similar thereto or preparing for the working of the design or a design similar thereto in Japan at the time of the filing of the application for de sign registration (where the application 
for design registration is deemed to have been filed at the time of submission of the written amendment of proceedings under  Article 9-2 or 17-3(1) (including the 
cases where it is applied mutatis mutandis pursuant to Article 50(1) (including the cases where it is applied mutatis mutandis  pursuant to Article 57(1)), at the time 
of filing the original application or the written amendment of proceedings), shall 
have a non-exclusive license on the design ri ght, only to the extent of the design 
and the purpose of such business worked or prepared. 
 
(Non-exclusive license based on prior application) 
Article 29-2  A person who, without knowledge of a design in an application for 
design registration, created a design identi cal or similar to the said design, or a 
person who, without knowledge of a design in an application for design registration, 
learned the design from a person who created a design identical or similar to the said design, and has been working the design or a design similar thereto or preparing for the working of the design or a design similar thereto in Japan at the time of the filing of the application for design registration (excluding a person 
falling under the preceding paragraph), s hall have a non-exclusive license on the 
design right, only if both of the followin g conditions are satisfied and only to the 
extent of the design and the purpose of such business worked or prepared:. 
(i) the person filed an application for design  registration of the design in the said 
application for design registration or desi gn similar thereto prior to the date of 
filing of the said application, and has been working the design in the application or preparing for the working of the design in the application, and 
(ii) with regard to the application for de sign registration filed by the person as 
prescribed in the preceding item, an exam iner's decision or appeal and trial 
decision to the effect that the application is to be refused on the ground that the 21 design in the application falls under any of  items of Article 3(1) has become final 
and binding. 
 (Non-exclusive licenses by due to the work ing of the design prior to the before 
registration of transfer of a design right) 
Article 29-3  A person who had had a design right, an exclusive license on the design 
right or a non-exclusive license on the design right or the exclusive license at the time of the registration of transfer of design right based on the request pursuant 
to Article 26-2(1), and is doing a business working a design in Japan or preparing such business, before the registration of  transfer of the design right, without 
knowledge that the design registration falls under the requirements as provided 
in Article 48(1)(i) (limited to cases where the design registration has been obtained in violation of Article 38 of the Patent Act as applied mutatis mutandis in Article 15(1) of this Act) or Article 48(1)(iii), shall have a non-exclusive license on the design right only to the extent of the design and the purpose of such business 
worked or prepared. 
(2) The holder of a design right shall have a right to receive reasonable consideration 
from the non-exclusive licensee under the preceding paragraph. 
 (Non-exclusive license due to the working of  the design prior to the registration of 
the request for invalidation trial) 
Article 30  (1) A person falling under any of the following items, who is doing a 
business working a design or a design sim ilar thereto in Japan or preparing such 
business, before the registration of a re quest for invalidation trial of the design 
registration, without knowledge that the de sign registration falls under any of the 
items of Article 48(1), shall have a non-ex clusive license regarding the invalidated 
design right or the exclusive license existing at the time of the invalidation, only to the extent of the design and the purp ose of such business worked or prepared: 
(i) the original holder of a design right in  the case where one of two or more design 
registrations granted for the same or similar design has been invalidated, 
(ii) the original holder of a design ri ght in the case where, after a design 
registration has been invalidated, a design  registration is gr anted to the person 
who is entitled to obtain a design regi stration for the same or similar design, 
(iii) in the case referred to in items (i) and  (ii), a person that, at the time of the 
registration of the request for invalidatio n trial of design registration, has an 
exclusive license regarding the design righ t pertaining to the design registration 22 to be invalidated, or a non-exclusive lic ense regarding the design right or an 
exclusive license on the design right 
(2) The holder of a design right or the exclusive licensee shall have a right to receive 
reasonable consideration from the non- exclusive licensee und er the preceding 
paragraph. 
 
(Non-exclusive license after expiration of duration of design right, etc.) 
Article 31  (1) Where part of a design righ t that pertains to designs similar to the 
registered design with regard to an applicat ion for a design registration filed on or 
before the date of filing of a design application is in conflict with the design right with regard to the design application, th e original holder of design right shall, 
upon expiration of the duration of the design right, have a non-exclusive license on the said design right or on the exclusiv e license actually existing at the tie of 
expiration of the duration of the design right, limited to the extent of the original design right. 
(2) The preceding paragraph shall apply mutatis mutandis to the case where a 
patent right or utility model right with regard to an ap plication for registration 
filed on or before the date of filing of a design application is in conflict with the 
design right with regard to the design ap plication upon expiration of the duration 
of the patent right or utility model right. 
 Article 32  (1) Where part of a design righ t that pertains to designs similar to the 
registered design with regard to an applicat ion for a design registration filed on or 
before the date of filing of a design application is in conflict with the design right with regard to the design application, a pe rson who, at the time of expiration of 
the duration of the design right, actually owns the exclusive license on the expired design right, or a non-exclusive license on the design right or on the exclusive 
license shall, upon expiration of the duration of the design right, have a non-exclusive license on the design right or on  the exclusive license actually existing 
at the time of expiration of the duration of the design right, limited to the extent of the original right. 
(2) The preceding paragraph shall apply mutatis mutandis to the case where a 
patent right or utility model right with regard to an ap plication for registration 
filed on or before the date of filing of a design application is in conflict with the 
design right with regard to the design ap plication upon expiration of the duration 
of the patent right or utility model right. 23 (3) The holder of a design right or the exclusive licensee shall have a right to receive 
reasonable consideration from the non-ex clusive licensee under the preceding two 
paragraphs. 
 
(Award granting non-exclusive license) 
Article 33  (1) Where a registered design or a design similar thereto falls under any 
of the cases as provided in Article 26, the holder or exclusive licensee of the design 
right may request the other person under th e said Article to hold consultations to 
discuss granting a non-exclusive license to work the registered design or a design 
similar thereto or a non-exclusive license on the patent right or the utility model right. 
(2) The other person under Article 26 who is requested to hold consultations under 
the preceding paragraph may request the holder of design right or exclusive licensee requesting such consultations to hold consultations to discuss granting a 
non-exclusive license to the extent of th e registered design or a design similar 
thereto that the said holder of design ri ght or exclusive licensee intends to work 
with a non-exclusive license on the design  right, on the patent right or on the 
utility model right granted through consultations 
(3) Where no agreement is reached by consultations or no consultations are able to 
be held as provided in paragraph (1), th e holder of design right or the exclusive 
licensee may request the Commissioner of the Patent Office for an award. 
(4) Where no agreement is reached by consultations or no consultations are able to 
be held as provided in paragraph (2) and where a request for an award is filed 
under the preceding paragraph, the other person under Article 26 may request the 
Commissioner of the Patent Office for an award only within the time limit for the submission of a written answer by the said other person designated by the 
Commissioner of the Patent Office under Article 84 of the Patent Act as applied 
mutatis mutandis under paragraph (7) . 
(5) In the case of paragraph (3) or (4), the Commissioner of the Patent Office shall 
not render an award to the effect that a non-exclusive license is to be granted 
where the granting of the non-exclusive lic ense will be unreasonably prejudicial to 
the interests of the other person under Article 26, the holder of design right or the exclusive licensee. 
(6) In the case of paragraph (4), in addition  to the case provided for in the preceding 
paragraph, the Commissioner of the Patent Office shall not render an award ordering a non-exclusive license to be gr anted if an award ordering a non-exclusive 24 license to be granted is not rendered with  respect to the request for an award under 
paragraph (3). 
(7) Articles 84, 84-2, 85(1) and 86 to 91-2 (procedures for award) of the Patent Act 
shall apply mutatis mutandis to the award under paragraph (3) or (4). 
 
(Transfer, etc. of non-exclusive license) 
Article 34  (1) Except for a non-exclus ive license granted by an award under 
paragraph (3) or (4) of the preceding Article, Article 92(3) of the Patent Act or Article 22(3) of the Utility Model Act, a non-exclusive license may be transferred 
only where the business involving the working of the relevant design is also transferred, where the consent of the holder of a design right (or, in the case of a 
non-exclusive license on the exclusive license, the holder of a design right and the exclusive licensee) is obtained and where the transfer occurs as a result of general succession including inheritance. 
(2) Except for a non-exclusive license gr anted by an award under paragraph (3) or 
(4) of the preceding Article, Article 92(3) of the Patent Act or Article 22(3) of the 
Utility Model Act, a non-exclusive licensee may establish a right of pledge on the non-exclusive right only where the consent of the holder of a design right (or, in the case of a non-exclusive license on the exclusive license, the holder of a design 
right and the exclusive licensee) is obtained. 
(3) Where a non-exclusive license is granted  by an award under paragraph (3) of the 
preceding Article, Article 92(3) of the Pa tent Act or Article 22(3) of the Utility 
Model Act, the said non-exclusive license  shall be transferred together with the 
design right, patent right or utility mode l right of the non-exclusive licensee on 
which the non-exclusive license is granted  and the business involving the working 
of the relevant design in the case where each right is transferred together with the 
said business, and shall be extinguished in the case where each right of the said non-exclusive licensee is extinguished or  transferred independently of the said 
business. 
(4) A non-exclusive license granted by an aw ard under paragraph (4) of the preceding 
Article shall be transferred together with th e design right, patent right or utility 
model right of the non-exclusive licensee on which the non-exclusive license is 
granted, and shall be extinguished in the case where the said design right, patent right or utility model right is extinguished. 
 
(Right of pledge) 25 Article 35  (1) Unless otherwise agreed by contract, where a right of pledge is 
established on a design right, exclusive lic ense or non-exclusive license, the pledge 
may not work the registered design or design similar thereto. 
(2) Article 96 (extension of a right of pledge to the proceeds of the patent right, etc.) 
of the Patent Act shall apply mutatis mutand is to a right of pledge established on 
a design right, exclusive license or non-exclusive license. 
(3) Article 98(1)(iii) and (2) (Effect of registration) of the Patent Act shall apply 
mutatis mutandis to a right of pledge es tablished on a design right or exclusive 
license. 
 
(Application mutatis mutandis of provisions of the Patent Act) 
Article 36  Articles 69(1) and (2) (Limitat ions of patent right), 73 (Jointly owned 
patent rights), 76 (Lapse of patent rights  in absence of heir), 97(1) (Waiver of 
patent right, etc.) and 98(1)(i) and (ii) (Effe ct of registration) of the Patent Act shall 
apply mutatis mutandis to design rights. 
 
Section 2 Infringement of rights (Article 37 to Article 41) 
 (Right to seek injunction) 
Article 37  (1) A holder of a design right or an exclusive licensee may demand of a 
person who infringes or is likely to infringe  the design right or exclusive license to 
stop or prevent such infringement. 
(2) In making a demand under the preceding paragraph, the holder of a design right 
or an exclusive licensee may demand meas ures necessary for the prevention of 
such infringements including the disposal of articles, buildings or graphic images (including a computer program, etc. that has a function to display the graphic image; the same shall apply hereinafter except in Articles 64 and 65(i) ) or a recording medium that has recorded the graphic image or a device incorporating 
the graphic image (hereinafter referred to as a "general graphic image recording 
medium, etc."), or a computer program, etc. (except for a computer program, etc. that have a function to display the graphic image; the same shall apply hereinafter) or a recording medium that has recorded co mputer program, etc. or a 
device recording computer program, etc.  (hereinafter referred to as a "recording 
medium, etc. containing computer progra m, etc.") constituting such an act of 
infringement and the removal of the facilities used for the act of infringement. 
(3) With regard to a design for which se crecy is requested under Article 14(1), the 26 holder of design right or the exclusive licensee may not make a demand under 
paragraph (1) unless he/she has given warning with documents stating the 
matters listed in Article 20(3) and certifi ed by the Commissioner of the Patent 
Office. 
 
(Acts Deemed to constitute infringement) 
Article 38  The following acts shall be deemed  to constitute infrin gement of a design 
right or an exclusive license: 
(i) Acts falling under any of the following  that are conducted with regard to any 
article, or computer program, etc. or recording medium, etc. containing 
computer program, etc., to be used ex clusively for the manufacturing of the 
article to the registered design or a design similar thereto as a business: 
(a) acts of manufacturing, assigning, le asing, or importing, or offering for 
assignment or lease of any article or  recording medium, etc. containing 
computer program, etc. to be used exclusively for the manufacturing; 
(b) acts of creating any computer program, etc. to be used exclusively for the 
manufacturing, or providing it through an electric telecommunication line or offering for the provision;   
(ii) Acts falling under any of the following  that are conducted with regard to any 
article, or computer program, etc. or re cording medium, etc. containing computer 
program, etc., to be used for the manufacturing of the article to the registered design or a design similar thereto (excluding cases where these are widely distributed within Japan), which are indispensable for an aesthetic impression that the registered design or a design  similar thereto would create through the 
eye, as a business, with knowledge that the design is a registered design or a 
design similar thereto and that the arti cle or computer program etc., or the 
recording medium etc. containing comp uter program, etc., is used for the 
working of the design: 
(a) acts of manufacturing, assigning, leas ing, or importing, or offering for 
assignment or lease of any article or the recording medium, etc. containing 
computer program, etc. to be used for the manufacturing; 
(b) acts of creating any computer program, etc. to be used for the manufacturing, 
or providing it through an electric tele communication line or offering for the 
provision; 
(iii) Acts of possessing an article to the registered design or a design similar thereto 
for the purpose of assigning, leasing or exporting it as a business; 27 (iv) Acts falling under any of the following  that are conducted with regard to any 
article, or computer program, etc. or re cording medium, etc. containing computer 
program, etc., to be used exclusively for the building of the building to the 
registered design or a design similar thereto as a business: 
(a) acts of manufacturing, assigning, leasing, or importing, or offering for 
assignment or lease of any article or  recording medium, etc. containing 
computer program, etc. to be us ed exclusively for the building; 
(b) acts of creating any computer program, etc. to be used exclusively for the 
building, or providing it through an electric telecommunication line or 
offering for the provision; 
(v) Acts falling under any of the following  that are conducted with regard to any 
article, or computer program, etc. or the recording medium, etc. containing computer program, etc., to be used for the building of the building to the 
registered design or a design similar thereto (excluding cases where these are 
widely distributed within Japan), which are indispensable for an aesthetic impression that the registered design or a design similar thereto would create through the eye, as a business, with know ledge that the design is a registered 
design or a design similar thereto and that  the article, or computer program etc. 
or the recording medium etc. containing computer program, etc., is used for the 
working of the design: 
    (a) acts of manufacturing, assigning,  leasing, or importing, or offering for 
assignment or lease of any article or  recording medium, etc. containing 
computer program, etc. to be used for the building; 
    (b) acts of creating any computer program, etc. to be used for the building, or 
providing it through an electric teleco mmunication line or offering for the 
provision; 
(vi) Acts of owning a building to the regist ered design, or a design similar thereto for 
the purpose of assigning or leasing it as a business; 
(vii) Acts falling under any of the following  that are conducted with regard to any 
article, or graphic image or general gr aphic image recording medium, etc., or 
computer program, etc. or recording medi um, etc. containing computer program, 
etc., to be used exclusively for the creatin g of the graphic image to the registered 
design or a design similar thereto as a business: 
(a) acts of manufacturing, assigning, leasing, or importing, or offering for 
assignment or lease of any article or general graphic image recording 28 medium, etc., or recording medium, etc.  containing computer program, etc., 
to be used exclusively for the creating; 
(b) acts of creating any graphic image or computer program, etc. to be used 
exclusively for the creating, or providing it through an electric telecommunication line or offering for the provision; 
(viii) Acts falling under any of the followin g that are conducted with regard to any 
article, graphic image or general grap hic image recording medium, etc., or 
computer program, etc. or the record ing medium, etc. containing computer 
program, etc., to be used for the creating  of the graphic image to the registered 
design or a design similar thereto (excluding cases where these are widely distributed within Japan), which are indispensable for an aesthetic impression that the registered design or a design similar thereto would create 
through the eye, as a business, with knowledge that the design is a registered design or a design similar thereto and t hat articles, graphic images or general 
graphic image recording medium, etc., or computer program, etc. or the 
recording medium, etc. containing comp uter program, etc., is used for the 
working of the design: 
(a) acts of manufacturing, assigning, leasing, or importing, or offering for 
assignment or lease of any article or general graphic image recording medium, 
etc., or recording medium, etc. containing  computer program, etc., to be used 
exclusively for the creating; 
(b) acts of creating any graphic image or computer program, etc. to be used for 
the creating, or providing it through an electric telecommunication line or offering for the provision; 
(ix) Acts of holding a graphic image to th e registered design or a design similar 
thereto for the purpose of providing it through an electric telecommunication line as a business, or acts of possessing a graphic image recording medium, etc. to the registered design or a design sim ilar thereto for the purpose of assigning, 
leasing, or exporting it as a business. 
 
(Presumption of Amount of Damage, etc.) 
Article 39  (1) Where a holder of design right or an exclusive licensee claims against 
an infringer compensation for damage sustai ned as a result of the intentional or 
negligent infringement of the design right or exclusive license, and the infringer assigned articles that constitute the a ct of infringement, the amount of damages 
sustained by the holder of design right or the exclusive licensee may be presumed 29 to be the total of the amounts writte n in each of the following items. 
(i) the amount of profit per unit of the articles which would have been sold by the 
holder of design right or the exclusive lic ensee if there had been no such act of 
infringement, multiplied by the portion not exceeding the quantity (if there are 
circumstances due to which the holder of  design right or the exclusive licensee 
would have been unable to sell the quantity of  articles equivalent to all or part 
of the portion, the quantity due to such ci rcumstances (referred to as “specified 
quantity” in the same item) shall be deducted) proportionate to the ability of the holder of design right or the exclusive licensee to work the articles (referred to as “working equivalent quantity” in  the same item) within the quantity of 
articles assigned by the infringer who has committed the infringement of the 
design right or exclusive license (referred to in the next item as “assigned quantity”); 
(ii) the amount equivalent to the amount of money to be rece ived for the working 
of the registered design to the design ri ght or exclusive license according to the 
quantity in the case where there is a quantity that exceeds the working equivalent quantity within the assign ed quantity, or a specified quantity 
(except in the case where it is not recogn ized that the holder of design right or 
the exclusive licensee would have been abl e to establish the exclusive license 
or grant a non-exclusive license on the desi gn right of the holder of design right, 
or grant a non-exclusive license on th e exclusive license of the exclusive 
licensee). 
(2) Where a holder of design right or an exclusive licensee claims against an infringer 
compensation for damages sustained as a result of the intentional or negligent 
infringement of the design right or exclusive license, and the infringer earned profits from the act of infringement, the am ount of profits earned by the infringer 
shall be presumed to be the amount of da mages sustained by the holder of design 
right or exclusive licensee. 
(3) A holder of a design right or an exclusive licensee may claim against an infringer 
compensation for damages sustained as a result of the intentional or negligent 
infringement of the design right or excl usive license, by regarding the amount the 
holder of design right or exclusive licensee would have been entitled to receive for the working of the registered design or design similar thereto as the amount of damages sustained. 
(4) When a court determines the amount e quivalent to the amount of money to be 
received for the working of the registered  design provided in paragraph (1) item 30 (ii) and the preceding paragraph, if the holder of design right or the exclusive 
licensee agrees with the infringer on the pr emise that the design right or exclusive 
license may have be infringed as per th e compensation of the working of the 
registered design to the design right or the exclusive license, the compensation which the holder of design right or the exclusive licensee is set to obtain may be taken into consideration. 
(5) Paragraph (3) shall not prevent any rele vant party from claiming compensation 
for damages in an amount exceeding the am ount provided for therein. In such a 
case, where the infringer committed the infringement of the design right or exclusive license without intent or gro ss negligence, the court may take these 
circumstances into consideration in de termining the amount of damages. 
 
(Presumption of negligence) 
Article 40  An infringer of a design right or an exclusive license of another person 
is presumed negligent in the commission of  the said act of infringement; provided, 
however, that this shall not apply to a de sign for which secrecy is requested under 
Article 14(1). 
 
(Application mutatis mutandis of provisions of the Patent Act) 
Article 41  Articles 104-2 to 105 (Obligatio n to clarify the specific circumstances, 
restriction on the exercise of the rights  by the patentee, etc., limitation to 
assertions, and submission of documents, etc.,), Articles 105-2-11 to 105-6 (expert opinion for calculation of damages, approval of reasonable amount as the value of damages, confidentiality protective order, vacating confidentiality protective order, 
and notice of a request for inspect a ca se record), and Article 106 (measures to 
restore credibility) of the Patent Act sha ll apply mutatis mutandis to infringement 
of a design right or an exclusive license. 
 Section 3 Registration Fees (Article 42 to Article 45) 
 
(Registration fees) 
Article 42  (1) A person obtaining the regis tration establishing a design right, or a 
holder of a design right, shall pay as registration fees the amounts specified in the following items, for each design registration  and for each year to the expiration of 
the duration as provided in Article 21: 
(i) First to third year: annually 8,500 yen 31 (ii) Fourth to twenty-fifth year: annually 16,900 yen 
(2) The preceding paragraph shall not apply to  design rights belonging to the State. 
(3) Notwithstanding the provisions of paragr aph (1), where a design right is jointly 
owned by the State and any other persons,  and the portions of their respective 
shares of the said design right have been agreed upon, the registration fees payable under the said paragraph shall be determined as the sum calculated by multiplying the applicable registration fees  as provided in the said paragraph by 
the ratio of the share of persons other than the State, and the persons other than the State shall pay such amounts. 
(4) For the amount of registration fees calculated under the preceding paragraph, 
fractional figures of less than ten yen shall be discarded. 
(5) The payment of registration fees under paragraph (1) shall be made by patent 
revenue stamps as provided by an Ordi nance of the Ministry of Economy, Trade 
and Industry; provided, however, that wh ere so provided by an Ordinance of the 
Ministry of Economy, Trade and Indus try, a cash payment thereof shall be 
accepted. 
 
(Time limit for payment of registration fees) 
Article 43  (1) The registration fee for the first year under Article 42(1)(i) shall be 
paid within 30 days from the date on wh ich a certified copy of the examiner's 
decision or the appeal and trial decision to the effect that the design is to be 
registered has been served. 
(2) The registration fees for each year fr om the second and subsequent years under 
Article 42(1) shall be paid by the end of the previous year. 
(3) The Commissioner of the Patent Office may, upon a request by a person by whom 
the registration fees are to be paid, exte nd the time limit under paragraph (1) by 
a period not exceeding 30 days. 
(4) Where, due to reasons beyond the control of a person who pays registration fees, 
the person is unable to pay the registration fees within the time limit as provided 
in paragraph (1) (where the time limit und er the preceding paragraph is extended, 
within the extended time limit), the person may, notwithstanding paragraph (1), pay the registration fees within 14 days  (where overseas resident, within two 
months) from the date on which the reasons ceased to be applicable, but not later than six months following the expiration of the said time limit. 
 
(Payment of registration f ees by interested persons) 32 Article 43-2  (1) An interested person may pay the registration fees even against the 
will of the person by whom the registration fees are to be paid. 
(2) The interested person who has paid the registration fees under the preceding 
paragraph may request the reimbursement of the expenses arising therefrom to 
the extent of the actual benefit obtained by the person by whom the patent fees 
were to be paid. 
 (Late payment of registration fees) 
Article 44  (1) Where a holder of a design ri ght is unable to pay the registration fees 
within the time limit under Article 43(2), the holder of design right may make a 
late payment of the registrati on fees after the expiration of the said time limit, but 
not later than 6 months following the expiration of the said time limit. 
(2) The holder of design right who makes a late payment of the registration fees 
under the preceding paragraph shall pay, in addition to the regis tration fees to be 
paid under Article 42(1), a registration surcharge in the same amount as the registration fees. 
(3) The payment of the registration surcharge under the preceding paragraph shall 
be made by patent revenue stamps as prov ided by an Ordinance of the Ministry of 
Economy, Trade and Industry; provided, ho wever, that where so provided by an 
Ordinance of the Ministry of Economy, Trade and Industry, a cash payment thereof shall be accepted. 
(4) Where a holder of a design right fails to pay, within the time limit for late 
payment of the registration fees under para graph (1), the registration fees and the 
registration surcharge under paragraph (2),  the design right shall be deemed to 
have been extinguished retroactively upon ex piration of the time limit as provided 
in the Article 43(2). 
 
(Restoration of design right by la te payment of registration fees) 
Article 44-2  (1) Where an original holder of a design right which was deemed to 
have been extinguished under paragrap h (4) of the preceding Article, has 
justifiable reasons for having been unable to pay the registration fees and the registration surcharge under Articles 44(4)  within the time lim it for late payment 
of the registration fees under Article 44(1) , the original holder of the design right 
may make a late payment of the registration fees and the surcharge within two months from the date on which the justifi able reasons ceased to exist, but not later 
than one year following the expiration of the said time limit. 33 (2) Where the registration fees and the surcharge are paid under the preceding 
paragraph, the design right shall be deem ed to have been maintained retroactively 
from the time of expiration of the time limit as provided in Article 43(2). 
 
(Restriction on effect of restored design right) 
Article 44-3  (1) Where a design right has been restored under paragraph (2) of the 
preceding Article, such design right sha ll not be effective against an article or 
graphic image recording medium, etc., to th e registered design or a design similar 
thereto, which was imported into, or manufactured or acquired within Japan, a building to the registered design or a design similar thereto, which was built or acquired within Japan, or an graphic image to the registered design or a design 
similar thereto, which was created or ac quired within Japan after the lapse of the 
time limit during which the late payment of  the registration fees is allowed under 
Article 44(1) but before the registration of the restoration of the design right. 
(2) A design right restored under paragraph 2 of the preceding Article shall not be 
effective against the following acts cond ucted after the lapse of the time limit 
during which the late payment of the regi stration fees is allowed under Article 
44(1) but before the registration of the restoration of the design right: 
(i) the working of the registered design or a design similar thereto; (ii) Acts falling under any of the following  that are conducted with regard to any 
article, or computer program, etc. or the recording medium, etc. containing computer program, etc., to be used for the manufacturing of the article to the 
registered design or a design similar thereto: 
(a) acts of manufacturing, assigning, leas ing, or importing, or offering for 
assignment or lease of any article or  recording medium, etc. containing 
computer program, etc., to be used for the manufacturing; 
(b) acts of creating any computer program, etc. to be used for the creating, or 
providing it through an electric teleco mmunication line or offering for the 
provision; 
(iii) Acts of possessing an article to the regi stered design or a design similar thereto 
for the purpose of assigning, leasing or exporting it;  
  (iv) Acts falling under any of the follow ing that are conducted with regard to any 
article, or computer program, etc. or re cording medium, etc. containing computer 
program, etc., to be used for the building of the building to the registered design 
or a design similar thereto: 
(a) acts of manufacturing, assigning, leasing, or importing, or offering for 34 assignment or lease of any article, or recording medium, etc. containing 
computer program, etc., to be used for the building; 
(b) acts of creating any computer program, etc. to be used for the building, or 
providing it through an electric teleco mmunication line or offering for the 
provision; 
  (v) Acts of owning a building to the regi stered design or a design similar thereto 
for the purpose of assigning or leasing it; 
  (vi) Acts falling under any of the follow ing that are conducted with regard to any 
article, or graphic image or general gr aphic image recording medium, etc., or a 
computer program, etc. or recording medium, etc. containing computer program, etc., to be used for the creatin g of the graphic image to the registered 
design or a design similar thereto: 
(a) acts of manufacturing, assigning, leasing, or importing, or offering for 
assignment or lease of any article or general graphic image recording medium, etc., or recording medium, etc.  containing computer program, etc., 
to be used for the creating; 
(b) acts of creating any graphic image or co mputer program, etc. to be used for 
the creating, or providing it through an electric telecommunication line or offering for the provision; 
  (vii) Acts of holding a graphic image to the registered design or a design similar 
thereto for the purpose of providing it  through an electric telecommunication 
line, or acts of possessing a graphic image recording medium, etc. to the registered design or a design similar thereto for the purpose of assigning, leasing, or exporting it. 
 
(Application mutatis mutandis of provisions of the Patent Act) 
Article 45  Article 111(1) (Excluding item (iii)) to (3) (Refund of patent fees) of the 
Patent Act shall apply mutatis mu tandis to registration fees. 
 
Chapter V Trials and Appeals (Article 46 to Article 52) 
 (Appeal against examiner's decision of refusal) 
Article 46  (1) A person who has received an examiner's decision to the effect that 
an application is to be refused and is di ssatisfied may file a request for an appeal 
against the examiner's decision of refusal within three months from the date the certified copy of the examiner's decision has been served. 35 (2) Where, due to reasons beyond the control of the person, said person is unable to 
file a request for appeal against an examiner 's decision of refusal within the time 
limit as provided in the preceding paragraph, the said person may, notwithstanding the said paragraph, file the request within 14 days (where overseas resident, within two months) from the date on which the reasons ceased to be applicable, but not later than six mont hs following the expiration of the said 
time limit. 
 
(Appeal against examiner's ruling dismissing an amendment) 
Article 47  (1) A person who has received an examiner's decision to dismiss an 
amendment under Article 17-2(1) and is dissatisfied may file a request for an appeal against the examiner's ruling dismissing an amendment within three months from the date on which the certified copy of the examiner's decision has been served; provided, however, that this  shall not apply where a new application 
for design registration under Article 17-3(1) has been filed. 
(2) Paragraph (2) of the preceding Article shall apply mutatis mutandis to a request 
for appeal against an examiner's ruling dismissing an amendment. 
 
(Invalidation trial of design registration) 
Article 48  (1) Where a design registration falls under any of the following, a request 
for invalidation trial of design  registration may be filed. 
(i) where the design registration has been gr anted in violation of Articles 3, 3-2, 5, 
9(1) or (2), 10(6) of this Act, Articles 38 of the Patent Act as applied mutatis mutandis under Article 15(1) of this Act, or Articles 25 of the Patent Act as applied mutatis mutandis under Article 68(3) of this Act (where the design 
registration has been obtained in viol ation of Article 38 as applied mutatis 
mutandis under Article 15(1), excluding the case where the transfer of a design right pertaining to the design has been  registered based on the request under 
Article 26-2(1)). 
(ii) where the design registration has been granted in violation of a treaty; (iii) where the design registration has been granted on an application for design 
registration filed by a person who has not had the right to obtain the design 
registration for the said design (excluding  the case where the transfer of a design 
right pertaining to the design registra tion has been registered based on the 
request under Article 26-2(1)); and 
(iv) where, after the grant of a design re gistration, the holder of design right has 36 become unable to hold a design right under Article 25 of the Patent Act as 
applied mutatis mutandis under Article 68(3) of this Act, or the design registration has become in  violation of a treaty. 
(2) Any person may file a request for in validation trial of design registration; 
provided, however, that where a reque st for invalidation trial of design 
registration is filed on the ground that th e design registration falls under item (i) 
of the preceding paragraph (limited to cases where the design registration is 
obtained in violation of Article 38 of the Patent Act as applied mutatis mutandis under Article 15(1) of this Act) or item (iii) of the preceding paragraph, only a 
person who has the right to obtain a desi gn registration pertaining to the said 
design registration may file a request for invalidation trial of design registration. 
(3) A request for invalidation trial of design  registration may be filed even after the 
lapse of the design right. 
(4) Where a request for invalidation trial of design registration has been filed, the 
chief administrative judge shall notify the exclusive licensee of the design right and other persons who have any registered rights relating to the design registration. 
 Article 49  Where a trial decision to the e ffect that a design registration is to be 
invalidated has become final and binding, the design right shall be deemed never to have existed; provided, however, that where a design registration falls under 
paragraph (1), item (iv) of the preceding Article and where a trial decision to the 
effect that the design registration is to be  invalidated has become final and binding, 
the design right shall be deemed not to have existed from the time the said item 
first became applicable to the design registration. 
 
(Application mutatis mutandis of  provisions on examination) 
Article 50  (1) Article 17-2 and Article 17-3 shall apply mutatis mutandis to an 
appeal against an examiner's decision of refusal. In this case, the term "three 
months" in Article 17-2(3) and 17-3(1) shall be deemed to be replaced with "thirty days," and the term "files a request for an appeal against" in Article 17-2(4) shall be deemed to be replaced with "institute s, under Article 59(1), an action against." 
(2) Article 18 shall apply mutatis mutandis where a request for appeal against an 
examiner's decision of refusal is found to have reasonable grounds; provided, however, that this shall not apply where a trial decision is made to order a further 
examination to be carried out under Article 161(1) of the Patent Act as applied 37 mutatis mutandis under Article 52. 
(3) Article 50 (notice of reasons for refusa l) of the Patent Act shall apply mutatis 
mutandis where a reason for refusal which was not contained in an examiner's decision is found in appeal against the examiner's decision of refusal. 
 
(Special provisions for appeal against examiner's ruling dismissing an 
amendment) 
Article 51  Where appeal decision is made to rescind an examiner's ruling in appeal 
against the examiner's ruling dismissing an amendment, the decision made in the appeal decision shall be binding upon the examiner with respect to the case. 
 
(Application mutatis mutandis of provisions of the Patent Act) 
Article 52  Articles 131(1) and (2), 131-2 (excluding items paragraphs (1)(iii) and 
(2)(i)) to 134, 135 to 154, 155(1) and (2), 156(1), (3) and (4), 157, 158, 160(1) and (2), 161, and 167 to 170 (request for appe al and trial, administrative judge, 
procedures of appeal and trial, relation to  litigation and costs of appeal and trial) 
of the Patent Act shall apply mutatis mut andis to appeal and trial. In this case, 
the term ", in appeal and trial other than invalidation trial, notify" in Article 156(1) 
shall be deemed to be replaced with "notify" the term "appeal against the examiner's decision of refusal" in Article 161 and the term "appeal against an examiner's decision of refusal and correction trial" in Article 169(3) of the said Act shall be deemed to be replaced with "an appeal against an examiner's decision of refusal and appeal against an examiner's ruling dismissing an amendment." 
 Chapter VI Retrial and Litigation (Article 53 to Article 60-2) 
 
(Request for retrial) 
Article 53  (1) A party or an intervenor may file a request for a retrial against a final 
and binding trial decision. 
(2) Articles 338(1), 338(2) and 339 (Grounds for retrial) of the Code of Civil Procedure 
(Act No.109 of 1996) shall apply mutatis muta ndis to a request for a retrial under 
the preceding paragraph. 
 Article 54  (1) Where a demandant for a trial, in conspiracy with the demandee, has 
caused the trial decision to be rendered for the purpose of harming the right or interest of a third party, the third party ma y file a request for a retrial against the 38 final and binding trial decision. 
(2) A request for a retrial under the preced ing paragraph shall be filed against the 
demandant and the demandee in the trial as joint demandees. 
 
(Restriction on effect of design  right restored by retrial) 
Article 55  (1) Where a design right pertain ing to an invalidated design registration 
has been restored by a retrial, such design  right shall not be effective against any 
article or graphic image recording medium , etc., to the registered design or a 
design similar thereto, which was impo rted into, or manufactured or acquired 
within Japan without knowledge, a building to the registered design or a design 
similar thereto, which was built or acqui red within Japan without knowledge, or 
graphic image to the registered design or a design similar thereto, which was 
created or acquired within Japan without knowledge after the trial decision became final and binding but before the re gistration of the request for a retrial. 
(2) Where a design right pertaining to an in validated design registration has been 
restored by a retrial, such design right s hall not be effective against the following 
acts conducted after the trial decision became final and binding but before the 
registration of the request for a retrial: 
(i) working of the said design or a de sign similar thereto without knowledge; 
(ii) Acts falling under any of the following  that are conducted with regard to any 
article, or computer program, etc. or recording medium, etc. containing 
computer program, etc., to be used for the manufacturing of the article to the 
registered design or a design similar thereto without knowledge: 
(a) acts of manufacturing, assigning, leas ing, or importing, or offering for 
assignment or lease of any article or  recording medium, etc. containing 
computer program, etc. to be used for the manufacturing; 
(b) acts of creating any computer program, etc. to be used for the manufacturing, 
or providing it through an electric tele communication line or offering for the 
provision; 
(iii) Acts of possessing an article to the regi stered design or a design similar thereto 
for the purpose of assigning, leasing or exporting it without knowledge; 
  (iv) Acts falling under any of the follow ing that are conducted with regard to any 
article, or computer program, etc. or re cording medium, etc. containing computer 
program, etc., to be used for the building of the building to the registered design 
or a design similar thereto without knowledge: 
(a) acts of manufacturing, assigning, leasing, or importing, or offering for 39 assignment or lease of any article or  recording medium, etc. containing 
computer program, etc. to be used for the building; 
(b) acts of creating any computer program, etc. to be used for the building, or 
providing it through an electric teleco mmunication line or offering for the 
provision; 
  (v) Acts of owning a building to the regi stered design or a design similar thereto 
for the purpose of assigning or leasing it without knowledge; 
  (vi) Acts falling under to any of the fo llowing that are condu cted with regard to 
any article, or graphic image or genera l graphic image recording medium, etc., 
or computer program, etc. or record ing medium, etc. containing computer 
program, etc., to be used for the creatin g of the graphic image to the registered 
design or a design similar thereto without knowledge: 
(a) acts of manufacturing, assigning, leasing, or importing, or offering for 
assignment or lease of any article or general graphic image recording medium, etc., or recording medium, etc.  containing computer program, etc., 
to be used for the creating; 
(b) acts of creating any graphic image or computer program, etc. to be used for 
the creating, or providing it through an electric telecommunication line or offering for the provision; 
  (vii) Acts of holding a graphic image to the registered design or a design similar 
thereto for the purpose of providing it  through an electric telecommunication 
line, or acts of possessing a graphic image recording medium, etc. to the 
registered design or a design similar thereto for the purpose of assigning, leasing or exporting it without knowledge. 
 Article 56  Where a design right pertainin g to an invalidated design registration 
has been restored through a retrial or where the establishment of a design right with respect to an application for design registration refused by a trial decision 
has been registered through a retrial, and where a person has, without knowledge, been using the design or a design similar thereto in Japan or has, without knowledge, been making preparations th erefor, after the trial decision became 
final and binding but before the registra tion of the demand for a retrial, such 
person shall have a non-exclusive license on the design right, to the extent of the design and the purpose of such business used or prepared. 
 
(Application mutatis mutandis of provisions on trial) 40 Article 57  (1) Article 50(1) and (3) shall apply mutatis mutandis to a retrial against 
a final and binding trial decision in appeal against an examiner's decision of refusal. 
(2) Article 51 shall apply mutatis mutandis to a retrial against a final and binding 
trial decision in appeal against an ex aminer's ruling dismissing an amendment. 
 
(Application mutatis mutandis of provisions of the Patent Act) 
Article 58  (1) Articles 173 and 174(5) of the Patent Act shall apply mutatis 
mutandis to a retrial. 
(2) Articles 131(1), the main clause of 131-2(1), 132(3) and (4), 133, 133-2, 134(4), 135 
to 147, 150 to 152, 155(1), 156(1), (3) and (4), 157, 158, 160, the main clause of 167-2, 168, 169(3) to (6), and 170 of the Patent Act shall apply mutatis mutandis to a retrial against a final and binding trial de cision in appeal against an examiner's 
decision of refusal. In this case, the te rm "appeal against an examiner's decision 
of refusal and a trial for correction" in Article 169(3) of the said Act shall be deemed to be replaced with "appeal against an examiner's decision of refusal." 
(3) Articles 131(1), the main clause of 131-2(1), 132(3) and (4), 133, 133-2, 134(4), 135 
to 147, 150 to 152, 155(1), 156(1), (3) and (4), 157, the main clause of 167-2, 168, 169(3) to (6), and 170 of the Patent Act shall apply mutatis mutandis to a retrial against a final and binding appeal and trial decision in appeal against an examiner's ruling dismissing an amendment. In this case, the term "appeal against an examiner's decision of refusal and correction trial" in Article 169(3) of 
the said Act shall be deemed to be replaced with "appeal against an examiner's ruling dismissing an amendment." 
(4) Article 174(3) of the Patent Act shall apply mutatis mutandis to retrial against a 
final and binding trial decision in inva lidation trial of design registration 
 
(Actions against appeal and trial decisions, etc.) 
Article 59  (1) The Tokyo High Court shall have exclusive jurisdiction over any 
action against appeal and trial decision , a ruling dismissing an amendment under 
Article 17-2(1) as applied mutatis mutand is under Article 50(1) (including its 
application under Article 57(1)), and a ruling to dismiss a written request for appeal and trial or a retrial. 
(2) Articles 178(2) to (6) (Statute of lim itations for filing an action, etc.), 179 
(Appropriate party as defendant), 180(1) (N otice of institution of action) and 180-
2 to 182 (Opinion of the Commissioner of the Patent Office in litigation rescinding 41 the appeal and trial decision, rescission of the appeal and trial decision or ruling 
and delivery of original copy of judgment ) of the Patent Act shall apply mutatis 
mutandis to an action under the preceding paragraph. In this case, the term "necessary for identifying claims pertaining to an action with respect to which" in 
Article 182(ii) shall be deemed to be replaced with "stating that" 
 
(Action against amount of compensation) 
Article 60  (1) A person(s) who has received an award under Article 33(3) or (4) may, 
if not satisfied with the amount of the compensation determined in the award, institute an action demanding an increase or decrease of the said amount. 
(2) Articles 183(2) (Statute of limitations for filing an action) and 184 (Standing as 
defendant) of the Patent Act shall apply mutatis mutandis to an action under the preceding paragraph. 
 Article 60-2  Deleted  
Chapter VI-2 Special Provisions based on Geneva Act of the Hague Agreement 
concerning the International Registration of Industrial Designs 
 (Article 60-3 to Article 60-23) 
 
Section 1 Application for International Registration  
 
(Application for International registration) 
Article 60-3  (1) A Japanese national or a fo reign national domiciled or resident (or, 
in the case of a juridical person, with a business office) in Japan may file to the 
Commissioner of the Patent Office an in ternational application as provided in 
Article 1(vii) of Geneva Act of the Haug e Agreement concerning the International 
Registration of Industrial Designs (her einafter referred to as "Geneva Act") 
(hereinafter referred to as "international application"). In this case, where the 
requirements as provided by Ordinance of  the Ministry of Economy, Trade and 
Industry are satisfied, two or more pe rsons may jointly file an international 
application. 
(2) A person filing an international ap plication under the preceding paragraph 
(hereinafter referred to as "application for international registration") shall submit 
an application written in a foreign language and necessary materials as provided by 
Ordinance of the Ministry of Economy, Trade and Industry. 42  
(Application mutatis mutandis of provisio ns related to applications for design 
registration) 
Article 60-4  The provisions of Articles 17(3)  (limited to the part pertaining to (iii)) 
and 18(1) of the Patent Act as applied mutatis mutandis under Article 68(2) of this Act shall apply mutatis mutandis to the ap plication for international registration. 
 (Delegation to Ordinance of the Minis try of Economy, Trade and Industry) 
Article 60-5  In addition to those prescribed in the preceding two Articles, details of 
matters necessary for enfo rcing Geneva Act and the rules under Geneva Act 
relating to application for international  registration shall be prescribed by 
Ordinance of the Ministry of Economy, Trade and Industry. 
 
Section 2 Special Provisions Concerni ng International Applications for 
Design Registration (Article 60-6 to Article 60-23) 
 (Application for design registration based on International Application) 
Article 60-6  (1) An international applic ation designating Japan as a designated 
Contracting Party under Article 1 (xix) of Geneva Act, where publication of an international registration under Article 1 (vi) of Geneva Act (hereinafter referred 
to as "international registration") perta ining to the International Application 
(hereinafter referred to as "international  publication") have been made under 
Article 10(3)(a) of Geneva Act shall be deemed to be an application for design registration filed on an international registration date under Article 10(2) of Geneva Act. 
(2) For the purpose of application of th e preceding paragraph to an international 
application including two or more designs,  "an application for design registration 
filed" in the said paragraph shall read " an application for design registration filed 
for each design that is the subje ct of an international registration". 
(3) Matters listed in the left columns of th e following table recorded on International 
Register under Article 1(viii) of Ge neva Act (hereinafter referred to as 
"International Register") pertaining to an international application deemed to be 
an application for design registration und er paragraph (1) (including cases of 
replacing under the preceding paragr aph) (hereinafter referred to as 
"international application for design regi stration") shall be deemed to be the 
matters listed in the right columns of the said table stated in an application 43 submitted under Article 6(1) of this Act. 
 
 
the name, and domicile or residence of the registered person of an international registration;  
the name, and domicile or residence of the applicant for design registration; 
 the name and the domicile of a person who has created a design that is the subject of an international registration;  
the name, and the domicile or residence of a person who has created a design; 
 one or more products that constitute a design that is the subject of an international registration, or one or more products that will use a design that is the subject of an international registration;  
the article to the design, or the usage of the building or graphic image to the design (if the product listed in the left column is a building or graphic image, limited to the cases where it is possible to recognize the usage of the building or the graphic image from the matters recorded on the International Register to the product); 
(4) The design recorded on Internatio nal Register concerning international 
applications for design registration sha ll be deemed to be a design for which 
registration is requested, which is depicte d in the drawing submitted under Article 
6(1) of this Act. 
 
(Special provision for exception to lack of novelty of design) 
Article 60-7  Notwithstanding Article 4(3), an applicant of an international 
application for design registration who requests the application of Article 4(2) may submit to the Commissioner of the Patent Office, after the date of international 
publication, but not later than the time limit as provided in Ordinance of the 
Ministry of Economy, Trade and Industry, a document stating thereof and a document proving the fact that the design which has fallen under items (i) and (ii) 
of Article 3(1) is a design to which Article 4(2) may be applicable. 
 
(Special provision for regis tration of related designs) 
Article 60-8  (1) For the purpose of application of Article 10(1) (including cases of 44 replacing under paragraph (5) of this arti cle, hereinafter the same shall apply in 
this and the next paragraphs) when either or both of the applications for design registration of a Principle Design and the application for design registration of a 
Related Design are international applicat ions for design registration, "or under 
Article 43-3(1) or 43-3(2)" in paragraph (1) of the said article shall read "or under Article 43-3(1) or (2), or Article 6(1)(a) of Geneva Act." 
(2) For the purpose of the application of the proviso to Article 10(1) when the design 
right of the Principle Design is a de sign right based on the international 
registration prescribed in Article 60-14(2), "Article 44(4)" in the proviso to the said paragraph shall read "Article 60-14(2)". 
(3) For the purpose of the application of the proviso to Article 10(8) when the design 
right of one or more Related Designs pe rtaining to the Fundamental Design is a 
design right based on the international re gistration prescribed in Article 60-14(2), 
"Article 44(4)" in the said paragraph shall read "Article 44(4) or Article 60-14(2)".  
 
(Special provision for secret designs) 
Article 60-9  Article 14 shall not apply to the applicant of an international 
application for design registration. 
 (Special provisions for procedures for a priority claim under the Paris Convention, 
etc.) 
Article 60-10   (1) For the purpose of international ap plications for design registration, the 
provisions in Article 43 of the Patent Act are to be applied mutatis mutandis in 
Article 15(1) of this Act (including Article 43-2(2) of the Patent Act to be applied 
mutatis mutandis in Article 15(1) of this Act(including its mutatis mutandis 
application in Article 43-3(3) of the Patent  Act) to be applied mutatis mutandis in 
Article 15(1) of this Act) and including its mutatis mutandis application in Article 43-3(3) of the Patent Act), and Article 43- 2(1) of the Patent Act to be applied 
mutatis mutandis in Article 15(1) of this Act (including its mutatis mutandis application in the 43-3(3) of the Patent Act to be applied mutatis mutandis in Article 15(1)) of this Act and Article 43-3(2)  of the Patent Act shall not be applied. 
(2) Article 43(2) to (9) of the Patent Act shall apply mutatis mutandis to a person 
who has made a declaration of priority under  Article 6(1)(a) of Geneva Act. In this 
case, the term "within one year and four mo nths from the earliest of the following 
dates" in Article 43(2) of the Patent Act s hall be deemed to be replaced with "within 45 the time limit provided by Ordinance of  the Ministry of Economy, Trade and 
Industry." 
 
(Special provisions for the right to obtain a design registration) 
Article 60-11  (1) For the purpose of application of Article 34(4) of the Patent Act as 
applied mutatis mutandis under Article 15(2) of this Act to an international application for design registration, "exc ept in the case of general successions 
including inheritance, ... the Commissioner of the Patent Office " in the said paragraph shall read "the International Bureau under Article 1(xxviii) of Geneva 
Act". 
(2) Article 34(5) and (6) as applied mutatis mutandis under Article 15(2) of this Act 
shall not apply to the international application for design registration. 
 (Effect etc., of international publication) 
Article 60-12  (1) After the international publication, where the applicant of an 
international application for design registration has given warning with 
documents stating the design in the international application for design registration, the applicant of the internat ional application for design registration 
may claim compensation against a person who has worked the design in the international application for design regis tration or designs similar thereto, as a 
business after the warning, prior to the re gistration establishing a design right, 
and the amount of compensation shall be equivalent to the amount the applicant 
would be entitled to receive for the work ing of the registered design or designs 
similar thereto if the design in the inter national application for design registration 
was the registered design. Even where the said warning has not been given, the same shall apply to a person who work ed the design in the international 
application for design registration or desi gns similar thereto as a business prior to 
the registration establishing a design ri ght, with knowledge of the design having 
been claimed in the international applic ation for design registration that the 
international publication has been effected. 
(2) Paragraphs (2) to (6) of Article 65 of the Patent Act shall apply mutatis mutandis 
to the exercise of the right to claim co mpensation under the preceding paragraph. 
In this case, "after the laying open" in paragraph (5) of the said Article shall be replaced with "after international pub lication", and "Articles 101, 104 to 104-3, 
105 to 105-2-11, 105-4 to 105-7 and "in paragraph (6) of the said Article shall be replaced with "Articles 104-2 to 105, 105-2-11 and 105-4 to 105-6 of the Patent Act 46 as applied mutatis mutandis under Articles 38 and 41 of Design Act, and Patent 
Act as applied mutatis mutandis under Article 52 of Design Act." 
 (Special provision for registration of  establishment of a design right) 
Article 60-13  For the purpose of application of Article 20(2) of this Act to an 
international application for design regis tration, "payment of the registration fee 
for the first year under Article 42(1)" in the said paragraph shall read "decision or the appeal decision to the effect that  the design is to be registered." 
 (Effect by extinguishment of international registration) 
Article 60-14  (1) Where international re gistration on which an international 
application for design registration is based is extinguished, the international 
application for design registration sha ll be deemed to have been withdrawn. 
(2) A design right obtained the registration  establishment under Article 20(2) to be 
applied mutatis mutandis in the precedin g paragraph (hereinafter referred to as 
"design right based on international registration") shall be deemed to have been extinguished where the international  registration is extinguished. 
(2) Effects of the preceding two paragraphs shall be taken as of the date on which 
the said international registration is exti nguished from the International Register. 
 (Special provision for pertaining to transfe r of a design right of a related design) 
Article 60-15  For the purpose of application of Article 22(2) to the design right of a 
Fundamental Design based on international  registration, "Article 44(4)" in the 
said paragraph shall read "Article 60-14(2)." 
 (Special provision for establishment of an exclusive license on the design right of 
a related design) 
Article 60-16  For the purpose of application of Article 27(3) to the design right of a 
Fundamental Design based on international  registration, "Article 44(4)" in the 
said paragraph shall read "Article 60-14(2)."  
 (Special provisions for waiving a design right) 
Article 60-17  (1) A person who has a design right based on international 
registration may waive the design right. 
(2) Article 97(1) of the Patent Act as applied mutatis mutandis under Article 36 shall 
not apply to the design right based  on international registration. 47  
(Special provisions for the effect of a design right registration) 
Article 60-18  (1) Transfer, modification due to trust, lapse due to abandonment, or 
restriction on disposition of a design righ t based on international registration must 
be registered to take effect. 
(2) Article 98(1)(i) and (2) of the Patent  Act as applied mutatis mutandis under 
Article 36 shall not apply to the design ri ght based on international registration. 
 (Special provisions for registra tion in the design registry) 
Article 60-19  (1) For the purpose of application of Article 61(1)(i) to a design right 
based on international registration, "estab lishment, transfer, modification due to 
trust, lapse, restoration or restriction on disposition of a design right" in the said paragraph shall read "establishment, modification due to trust, extinguishment (limited to extinguishment upon expiration of the duration), or restriction on disposition of a design right." 
(2) Transfer or extinguishment (excluding extinguishment upon expiration of the 
duration) of a design right based on inter national registration depends on the place 
at which the design right is regist ered in the International Register. 
 (Special provision for Design Bulletin) 
Article 60-20  For the purpose of application of Article 66(2)(i) to a design right 
based on international registration, "e xcluding extinguishment under Article 
44(4)) or the restoration thereof (limited to  restoration under Article44-2(2)" in the 
said item shall read "excluding extingui shment under Article 60-14(2) (limited to 
extinguishment due to the fact that renewa l under Article 17(2) of Geneva Act was 
not made))." 
 (Individual designation fee of international  applications for design registration) 
Article 60-21  (1) A person filing internatio nal applications for design registration 
shall pay, as the individual designation fee under Article 17(2) of Geneva Act (hereinafter referred to as individual desi gnation fee, the amounts equivalent to 
74,600 yen per case to the International Bu reau under Article 1(xxviii) of Geneva 
Act (referred to as "International Bu reau" in the following paragraph). 
(2) A person making renewal under Article 7(2) of Geneva Act with regard to the 
international registration on which an international application for design 
registration or a design right based on th e international registration is based shall 48 pay, as the individual designation fee, the amounts equivalent to 84,500 yen per 
case to International Bureau. 
(2) Articles 42 to 45 and 67(2) (limited to the part listed in item (i) of Appended Table) 
shall not apply to a design right based on  an international application for design 
registration or an international registration. 
 (Refund of individual designation fee) 
Article 60-22  (1) Where an international application for design registration has 
been withdrawn, or decision of refusal or trial decision to the international application for design registration has become final and binding, amounts as 
provided in Cabinet Order shall be refund ed upon the request of the person who 
paid the individual designation fee to be paid under paragraph (1) or (2) of the preceding Article. 
(2) No request for refunding the individ ual designation fee under the preceding 
paragraph may be filed after the expiration  of six months from the date on which 
the international application for design registration has been withdrawn, or 
decision of refusal or trial decision to  the international application for design 
registration has become final and binding.  
(3) Notwithstanding paragraph (1), where, due to reasons beyond the control of a 
person who files request for refund of the individual designation fee under the said 
paragraph, the person is unable to file the request within the time limit as provided in the preceding paragraph, the person may file the request within 14 days (where overseas resident, within two months) from the date on which the reasons ceased to be applicable, but not later than six months following the expiration of the said time limit. 
 (Delegation to Ordinance of the Minis try of Economy, Trade and Industry) 
Article 60-23  In addition to those prescri bed in Articles 60-6 to 60-22, details of 
matters necessary for enforci ng Geneva Act and the rules under Geneva Act shall 
be prescribed by Ordinance of the Minis try of Economy, Trade and Industry. 
 
Chapter VII Miscellaneous Provisions (Article 60-24 to Article 68) 
 
(Amendment of proceedings) 
Article 60-24 A person undertaking a proced ure with regard to an application for 
design registration, a request or any other procedures relating to design 49 registration, may make amendments on ly while the case is pending in 
examination, appeal and trial or retrial. 
 
(Registration in the design registry) 
Article 61  (1) The following matters shall be registered in the design registry 
maintained in the Patent Office: 
(i) the establishment, transfer, modification due to trust, lapse, restoration or 
restriction on disposition, of a design right; 
(ii) the establishment, maintenance, transfer, modification, lapse or restriction on 
disposal, of an exclusive license; and 
(iii) the establishment, transfer, modification, lapse or restriction on disposal, of a 
right of pledge on a design right or exclusive license. 
(2) The design registry may be prepared, in whole or in part, in the form of magnetic 
tapes (including other storage media using a similar method that may record and reliably store certain matters, the same shall apply hereinafter.) 
(3) In addition to those prescribed in this Act, matters relating to registration shall 
be prescribed by Cabinet Order. 
 
(Issuance of certificate of design registration) 
Article 62  (1) The Commissioner of the Patent Office shall issue the certificate of 
design registration to the holder of de sign right where the establishment of a 
design right has been registered or transfer of the design right has been registered based on the request under Article 26-2(1). 
(2) Re-issuance of the certificate of desi gn registration shall be prescribed by 
Ordinance of the Ministry of Economy, Trade and Industry. 
 Article 63  (1) Any person may file a request  with regard to design registrations to 
the Commissioner of the Patent Office to issue a certificate, a certified copy of 
documents or an extract of documents, to  allow the inspection or copying of 
documents, model or specimen, or to issue documents which contain matters recorded on the magnetic tapes that cons titute the part of the Design Registry; 
provided, however, that if the Commission er of the Patent Office considers it 
necessary to keep such documents, model or specimen confidential, this provision 
shall not apply to the following documents, model or specimen: 
(i) an application or drawing, photograph , model or specimen attached to an 
application, or any document pertaining to the examination of an application for 50 design registration for which the design has not been registered; 
(ii) Documents, model or specimen relate d to a design for which the secrecy is 
requested under Article 14(1); 
(iii) documents concerning an advisory opinion on the technical scope of a 
registered design, with respect to which a party in the case has given notice that 
a trade secret (meaning a trade secret as provided in Article 2(6) of the Unfair 
Competition Prevention Act (Act No. 47 of 1993); the same shall apply in item (v)) owned by the said party in the case has been described; 
(iv) Documents concerning appeal agains t an examiner's decision of refusal or 
appeal against an examiner's ruling dismissing an amendment requested for an application for design regis tration for which the design has not been registered; 
(v) Documents concerning invalidation trial of design registration or a retrial of 
the final and binding trial decision in su ch trial, with respect to which a party 
in the case or intervenor has given noti ce that a trade secret owned by the said 
party in the case or intervenor has been described; 
(vi) Documents which are liable to cause da mage to an individual's reputation or 
peaceful life; and 
(vii) Documents which are liable to cause damage to public order or morality. 
(2) Where the Commissioner of the Patent Office approves of the request under the 
main clause of the preceding paragraph with regard to the documents, model or specimen as provided in items (i) to (vi)  of the said paragraph, the Commissioner 
of the Patent Office shall notify the person who submitted the said documents, model or specimen thereof and reasons therefor. 
(3) Provisions of the Act on Access to In formation Held by Administrative Organs 
(Act No. 42 of 1999) shall not apply to the documents concerning design registrations and the part of the Design Registry stored on magnetic tapes. 
(4) Provisions in Chapter IV of the Act on Protection of Personal Information 
Possessed by Administrative  Organs (Act No. 58 of 2003) shall not apply to the 
possessed personal information (refers to  the possessed personal information as 
provided in Article 2(5) of the said Act) recorded in the documents concerning design registrations and the part of the Desi gn Registry stored on magnetic tapes. 
 
(Mark of Design Registration) 
Article 64  A holder of a design right, exclusive licensee or non-exclusive licensee 
shall make efforts to place a mark (herei nafter referred to as a "mark of design 
registration ") as provided by an Ordinanc e of the Ministry of Economy, Trade and 51 Industry, on the article or package thereof  , building, or graphic image or graphic 
image recording medium, etc., or package thereof to the registered design or a 
design similar thereto, indicating that the design for the article, building or graphic image has been registered. 
 
(Prohibition of false marking) 
Article 65  It shall be prohibited for a person to do the following acts: 
(i) putting a mark of design registrati on or a mark confusing therewith on an 
article or package thereof , building, or graphic image or graphic image recording medium, etc., or package thereof which is other than the article, building, or graphic image or graphic image recording medium, etc. to the registered design 
and to a design similar to the registered design;  
(ii) acts falling under any of the following  that are conducted with regard to an 
article, building, or graphic image or  graphic image recording medium, etc. 
which is other than the article, building, or graphic image or graphic image recording medium, etc. to the registered design and to a design similar to the 
registered design and which puts a mark  of design registration or a mark 
confusing therewith on the article or pa ckage thereof, building, or graphic image 
or graphic image recording medium, etc., or package thereof;  
(a) assigning, leasing, or displaying for the purpose of assignment or lease of 
the article, building, or graphic image recording medium, etc.; 
(b) providing the graphic image through an electric telecommunication line or 
displaying for the provision; 
(iii) acts that falling under any of the follo wing that are conducted with regard to 
an article, building, or graphic image or  graphic image recording medium, etc. 
which is other than the article, building, or graphic image or graphic image recording medium, etc. to the registered design and to a design similar to the 
registered design; 
(a) giving in an advertisement an indicati on to the effect that the article or 
graphic image recording medium, etc. is related to the registered design or 
a design similar thereto, or an indication confusing therewith for the purpose of having the article or graphic image recording medium, etc. manufactured or used, or assigning or leasing the article or graphic image recording medium, etc.; 
(b) giving in an advertisement an indication  to the effect that the building is 
related to the registered design or a design similar thereto, or an indication 52 confusing therewith for the purpose of having the building build or used, or, 
assigning or leasing the building; 
(c) giving in an advertisement an indica tion to the effect that the graphic 
image is related to the registered design  or a design similar thereto, or an 
indication confusing therewith for the purpose of having the graphic image created or used, or providing the graphic image through an electric telecommunication line. 
 
(Design Bulletin) 
Article 66  (1) The Patent Office shall publish the Design Bulletin (Isho Koho). 
(2) In addition to the matters provided fo r in this Act, the Design Bulletin shall 
contain: 
(i) the extinguishment of design rights (e xcluding extinguishment upon expiration 
of the duration and under Article 44(4)) or the restoration thereof (limited to restoration under Article44-2(4)); 
(ii) filings for a request for trials or re trials, or withdrawals thereof, or final and 
binding trial decisions or retrial de cisions (limited to cases where the 
establishment of a design right has been registered); 
(iii) requests for an award, the withdrawal thereof or a Commissioner's decision; 
and 
(iv) final and binding judgments in an action under Article 59(1) (limited to cases 
where the establishment of a design right has been registered) 
(3) In addition to the matters provided fo r in the preceding paragraph, with regard 
to an application for design registration fo r which an examiner's decision or appeal 
and trial decision to the effect it is to be  refused under the latter sentence of Article 
9(2) have become final and binding, the fo llowing matters shall be published in the 
Design Bulletin. In this case, if secrec y was requested under Article 14(1) for any 
of those applications, with regard to all of those applications, the matters 
prescribed in item (3) below shall be pub lished without delay after the lapse of the 
period designated under Article 14(1) (in the case where secrecy was requested for 
two or more applications, the period wh ich is the longest among the periods of 
secrecy requested for such applications) from  the date such examiner's decision or 
appeal and trial decision became final and binding. 
(i) the name, and domicile or residence of  the applicant for design registration; 
(ii) the number and the filing date of the application for design registration; (iii) the application and drawing(s), ph otograph(s), model(s) or specimen(s) 53 attached to the application; and 
(iv) other necessary matters. 
 
(Fees) 
Article 67  (1) Fees shall be paid by the following persons in an amount to be 
provided by Cabinet Order in view of the actual costs: 
 (i) persons requesting disclosure of a design under Article 14(4); 
(ii) persons notifying of succession under Article 34(4) of the Patent Act as applied 
mutatis mutandis under Article 15(2) 
(iii) persons filing a request for an extension of period under Article 4 or 5(1) of the 
Patent Act as applied mutatis mutandis under Article 17-4, 43(3) or 68(1), or a change of the date under Article 5(2) of the Patent Act as applied mutatis 
mutandis under Article 68(1); 
(iv) persons who file applications  for international registration; 
(v) persons filing a request for the re-i ssuance of the certificate of design 
registration; 
(vi) persons filing a request for the issuance of a certificate under Article 63(1); (vii) persons filing a request for the issuance of a certified copy of documents or an 
extract of documents under Article 63(1): 
(viii) persons filing a request to allow the inspection or copying of documents, 
model or specimen under Article 63(1); and 
(ix) persons filing a request for the iss uance of documents which contain matters 
recorded on the magnetic tapes that cons titute the part of the Design Registry 
under Article 63(1). 
(2) The persons listed in the center column of the attached table shall pay fees in the 
amount as provided by Cabinet Order wi thin the range of the amounts specified 
in the corresponding right-hand column of the table. 
(3) The two preceding paragraphs shall not apply where the person to pay the fee in 
accordance with these paragraphs is the State. 
(4) Where the State has joint ownership of a design right or a right to obtain a design 
registration with a person other than the St ate, and the portion of their respective 
shares of said right has been agreed, no twithstanding the provisions of paragraph 
(1) or (2), the fees payable thereunder (lim ited to those provided by Cabinet Order) 
shall be determined as the sum of the provided fees multiplied by the ratios of the shares of each person other than the State, and, the person(s) other than the State shall pay such amounts. 54 (5) Where the amount of the fees calculat ed under the preceding paragraphs has a 
fractional figure of less than ten yen,  said portion shall be discarded. 
(6) The payment of the fees under paragraphs (1) and (2) shall be made by patent 
revenue stamps as provided by an Ordi nance of the Ministry of Economy, Trade 
and Industry; provided, however, that wh ere so provided by an Ordinance of the 
Ministry of Economy, Trade and Indus try, a cash payment thereof shall be 
accepted. 
(7) Fees paid in excess or in error shall be refunded upon the request of the person 
who made payment thereof. 
(8) No request for a refund of the fees under the preceding paragraph may be filed 
after one year from the date on which the payment thereof has been made. 
(9) Notwithstanding paragraph (7), where, due to reasons beyond the control of a 
person who files request for refund of fees under the said paragraph, the person is unable to file the request within the time limit as provided in the preceding paragraph, the person may file the request within 14 days (where overseas resident, within two months) from the date on which the reasons ceased to be applicable, but not later than six months fo llowing the expiration of the said time 
limit. 
 
(Application mutatis mutandis of provisions of the Patent Act) 
Article 68  (1) The provisions of Articles 3 to 5 (Time periods and dates) of the Patent 
Act shall apply mutatis mutandis to time periods and time limits provided in this 
Act. In this case, the term "Articles 46- 2(1)(iii), 108(1), 121(1) or 173(1)" in Article 
4 of the Patent Act shall be deemed to be replaced with "Articles 43(1), 46(1) or Article 47(1), or Article 173(1) applied mutatis mutandis in 58(1) of the Design Act." 
(2) Article 6 to 9, 11 to 16, 17(3) and 17(4) , 18 to 24 and 194 (Procedures) of the Patent 
Act shall apply mutatis mutandis to an application for design registration, a 
request, or any other procedures relating to  design registration. In this case, the 
term "hearing against an examiner's decision of refusal" in Article 9 of the Patent Act shall be deemed to be replaced with "request for an appeal against an examiner's decision of refusal and appeal against examiner's ruling dismissing an amendment." and the term "hearing against an examiner's decision of refusal" in Article 14 of the Patent Act shall be deemed  to be replaced with "request for appeal 
against an examiner's decision of refusal and appeal against examiner's ruling dismissing an amendment." 55 (3) Article 25 (Enjoyment of rights by fore ign nationals) of the Patent Act shall apply 
mutatis mutandis to design rights and other rights relating to the design 
registration. 
(4) Article 26 (Effect of treaties) of the Patent Act shall apply mutatis mutandis to 
the design registration. 
(5) Articles 189 to 192 (Service) of the Pa tent Act shall apply mutatis mutandis to 
services provided for under this Act. 
(6) Article 195-3 of the Patent Act shall apply mutatis mutandis to dispositions 
imposed by this Act or an order thereunder. 
(7) Article 195-4 (Restriction on request for review under provisions of 
Administrative Complaint Review Act) of the Patent Act shall apply mutatis 
mutandis to a ruling to dismiss an amendment, an examiner's decision, an appeal and trial decision, or a ruling to dismiss a written request for appeal and trial or 
retrial, or dispositions against which no a ppeal lies in accordance with this Act, or 
inaction thereof. 
 
Chapter VIII Penal Provisions  (Article 69 to Article 77) 
 (Crime of infringement) 
Article 69  An infringer of a design right or exclusive license (excluding one who has 
committed any acts which are deemed to co nstitute infringement  of a design right 
or an exclusive license under Article 38) s hall be punished by imprisonment with 
work for a term not exceeding 10 years or  a fine not exceeding 10,000,000 yen or 
combination thereof. 
 Article 69-2  A person who has committed any acts which are be deemed to 
constitute infringement of a design righ t or an exclusive license under Article 38 
shall be punished by imprisonment with work for a term not exceeding 5 years or 
a fine not exceeding 5,000,000 yen or combination thereof. 
 
(Crime of fraud) 
Article 70  Any person who has obtained a design registration or appeal and trial 
decision by means of a fraudulent act shall be punished by imprisonment with work for a term not exceeding one year  or a fine not exceeding 1,000,000 yen. 
 
(Crime of false marking) 56 Article 71  A person who fails to comply with Article 65 shall be punished by 
imprisonment with work for a term not ex ceeding one year or a fine not exceeding 
1,000,000 yen. 
 
(Crime of perjury, etc.) 
Article 72  (1) A witness, an expert witness or an interpreter who has sworn under 
this Act and made a false statement or given a false expert opinion or interpretation to the Patent  Office or the court commissioned thereby shall be 
punished by imprisonment with work fo r a term between three months and ten 
years. 
(2) Where a person who has committed the crime in the preceding paragraph has 
made a voluntary confession before a certified copy of the advisory opinion on the 
case has been served or an examiner's decision or appeal and trial decision has become final and binding, the punish ment may be reduced or exculpated. 
 
(Crime of divulging secrets) 
Article 73  A present or former official of the Patent Office who has divulged any 
secret relating to a design in a pending ap plication for design registration that has 
become known to him/her in the course of performing his/her duties, or misappropriated the said design shall be punished by imprisonment with work for 
a term not exceeding one year or a fine not exceeding 500,000 yen. 
 
(Crime of breach of protective order) 
Article 73-2  (1) A person who fails to co mply with an order given under Article 105-
4(1) of the Patent Act (including its muta tis mutandis application in Article 65(6) 
of the said Act to be applied mutatis mutandis in Article 60-12(2)) as applied mutatis mutandis under Article 41 shall be punished by imprisonment with work for a term not exceeding five years or  a fine not exceeding 5,000,000 yen or 
combination thereof. 
(2) The prosecution of the crime under the preceding paragraph may not be initiated 
unless a complaint is filed. 
(3) The crime under paragraph (1) shall apply to a person who commits the crime 
outside Japan. 
 
(Dual liability) 
Article 74  (1) Where a representative of a juridical person or an agent, employee or 57 other worker of a juridical person or an in dividual has committed in the course of 
performing his/her duties for the juridical person or individual, any act in violation 
prescribed in the following items, in additi on to the offender, the juridical person 
shall be punished by a fine as provid ed in the corresponding item and the 
individual shall be punished by a fine as  provided in the Article prescribed in the 
corresponding item: 
(i) Article 69, 69-2 or 73-2(1), a fine not exceeding 300 million yen; and (ii) Article 70 or 71, a fine not exceeding 30 million yen. 
(2) In the case of the preceding paragraph, the complaint filed under Article 73-2(1) 
against the offender shall have effect on the juridical person or individual and the complaint filed against the juridical person  or individual shall have effect on the 
offender. 
(3) Where a fine is imposed on a juridical person or individual under paragraph (1) 
with regard to a violation of Article 69, 69-2 or 73-2(1), the period of prescription 
shall be governed by the same rules as for crimes in the provisions thereof. 
 
(Civil fine) 
Article 75  Where a person who has sworn under Article 207(1) of the Code of Civil 
Procedure as applied mutatis mutandis under Article 151 of the Patent Act as applied mutatis mutandis under Article 71(3) of the Patent Act as applied mutatis mutandis under Article 25(3) of this Act, Article 52, 58(2) or (3) of this Act, or 
Article 174(3) of the Patent Act as applied mutatis mutandis under Article 58(4) of this Act has made a false statement before the Patent Office or a court commissioned thereby, the said person shall be punished by a civil fine not exceeding 100,000 yen. 
 Article 76  A person who has been summoned by the Patent Office or a court 
commissioned thereby in accordance with th is Act, and fails to appear or refuses 
to swear, make a statement, testify, gi ve an expert opinion or interpret without a 
justifiable reason shall be punished by  a civil fine not exceeding 100,000 yen. 
 Article 77  A person who has been ordered by the Patent Office or a court 
commissioned thereby to submit or present documents or other materials for the purpose of examination or preservation of evidence in accordance with this Act and 
fails to comply with the order without a justifiable reason shall be punished by a civil fine not exceeding 100,000 yen. 58  
Supplementary provisions (Extract)  Appended Table (In relation to Article 67) 
 
  
The person (s) who shall pay fees  
Amounts 
 
1  
A person filing an application for design registration  
16,000 yen per case 
 2  
A person filing a request for secrecy of the design under 
Article 14(1)  
5,100 yen per case 
 
3  
A person requesting an advisory opinion under Article  
40,000 yen per case 
25(1) 
4 Persons filing a request for an extension of a period under 
Article 5(3) of the Patent Act as applied mutatis mutandis 
under Article 68(1) of this Act (except for the period 
designated in Article 50 of the Patent Act as applied mutatis mutandis under Article 19 of this Act) 4,200 yen per case 
5 Persons filing a request for an extension of period under 
Article 5(3) of the Patent Act as applied mutatis mutandis 
under Article 68(1) of this Act (limited for the period 
designated in Article 50 of the Patent Act as applied 
mutatis mutandis in Article 19 of this Act) 7,200 yen per case 
 
6  
A person requesting an award  
55,000 yen per case 
 7  
A person requesting canceling of an award  
27,500 yen per case 
 
8  
A person filing a request for appeal and trial or retrial  
55,000 yen per case 
 9  
A person applying for interven tion in appeal and trial or 
retrial  
55,000 yen per case