1  
 
 
 
 
 
 
 
 
 
Design Act  (Act No. 12 5 of 1959)  
 
Table of Contents  
Chapter I General Provision  (Article 1 and Article 2)  
Chapter II Design Registrations and Applications for Design Registration  (Article 3 to 
Article 15)  
Chapter III Examination  (Article 16 to A rticle 19)  
Chapter IV Design Right  
Section 1 Design Rights  (Article 20 to Article 36)  
Section 2 Infringement of rights  (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) 
Chapter VI -2 Special Provisions based on Geneva Act of the Hague Agreement この意匠 法の翻訳は、 平成二十 七年法律第 五十五号までの改正（平成２ ８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 prepar ed (up to the revisions 
of Act No. 55 of 201 5 (Effective April 1 , 201 6)). 
 This is an unofficial translation. Only the original Japanese texts of laws and 
regulations have legal effect, and the translations are to be used solely as reference 
material to ai d in the understanding 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 
interpretin g and applying law to any legal issue or dispute, users should consult the 
original Japanese texts published in the Official Gazette.  
 2 concerning the International Registration of Industrial Designs  
Section 1 Application for International Registration  (Article 60 -3 to Article 60 -5) 
Section 2 Special Provisions Concerning International Application s 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 creation 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, of an article (including a part of an article, the same shall 
apply hereinafter except in Article 8), which creates an aesthetic impression 
through the eye.  
(2) The shape, patterns or colors, or any combination thereof, of a part of an article 
as used in the preceding paragraph shall include those in a graphic image on a 
screen that is provided for use in the operation of the article (limited to the 
operations carried out in order to enable the article to perform its functions) and 
is displayed on the article itself or another article that is used with the article in 
an integrated manner.  
(3) "Use" of a des ign in this Act shall mean the manufacturing, using, assigning, 
leasing, exporting or importing, or offering for assignment or lease (including 
displaying for the purpose of assignment or lease, the same shall apply 
hereinafter) of an article to the design . 
(4) "Registered design" in this Act shall mean a design for which a design 
registration has been granted.  
 
Chapter II Design Registrations and Applications for Design Registration  
 
(Conditions for Design Registration)  3 Article 3  (1) A creator of a design  that is industrially applicable may be entitled to 
obtain a design registration for the said 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 registrati on; 
(ii) Designs that were described in a distributed publication, or designs that were 
made publicly available through an electric telecommunication line in Japan or 
a foreign country, prior to the filing of the application for design registration; or  
(iii) Designs similar to those prescribed in the preceding two items.  
(2) Where, prior to the filing of the application for design registration, a person 
ordinarily skilled in the art of the design would have been able to easily create the 
design based on sha pe, patterns or colors, or any combination thereof that were 
publicly known in Japan or a foreign country, a design registration shall not be 
granted for such a design (except for designs prescribed in any of the items of the 
preceding paragraph), notwiths tanding 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 th e 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 Article 66(3) (herein after 
referred to in this Article as the "earlier application"), a design 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 p erson having the right to obtain a design registration, 
such a design shall be deemed not to have fallen under item (i) or (ii) of Article 
3(1) for the purposes of Article 3(1) and (2) for any design in an application for 
design registration which has been  filed by the said person within six months 4 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 the right t o 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 invention, utility model, design or 
trademark), the preceding paragraph shall also apply for the purpose s of Article 
3(1) and (2) to any design in an application for design registration which has been 
filed by the said person within six months from the date on which the design first 
fell under either of those items.  
to the Commissioner of the Patent Office, at the time of filing of the application for 
design registration, a document stating thereof 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  paragraph, 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 provided 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 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.  
 
(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 pertaining to 
another person's business; or  
(iii) a design solely consisting of a shape that is indispensable for  securing 
functions of the article.  
 
(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 obta in a design registration to a third person within the scope of a 
design stated in the application for design registration and depicted in the 5 drawing, or represented in the photograph, model or specimen attached to the 
application or a design similar there to. 
(2) Where the establishment of a design right has been registered with regard to the 
application for design registration pertaining to the provisional non -exclusive 
license under the preceding paragraph, a non -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 (Act No.121 of 1959) 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 application 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 P atent 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 license under 
paragraph (1) or (4) of the preceding Article."  
 
Article 6  (1) A person requesti ng a design registration shall submit to the 
Commissioner of the Patent Office an application stating the following matters 
and drawing depicting the design for which registration is requested:  
(i) the name, and domicile or residence of the applicant for t he design registration;  
(ii) the name and domicile or residence of the creator of the design; and  
(iii) the article to the design.  
(2) Where so provided by an Ordinance of the Ministry of Economy, Trade and 
Industry, the applicant may submit photograph, mo del or specimen representing 
the design for which the registration is requested, 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) W hen neither the statement of the article 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 understa nd the material or size of the article, and by this reason such 
a person would not be able to recognize the design, the material or size of the 
article to the design shall be specified in the application.  6 (4) Where the shape, patterns or colors of the arti cle to the design is changeable 
based on the function possessed by the article, if the applicant intends to request 
a design registration of the shapes, patterns or colors, or a combination thereof as 
it appears before, during and after the said change, he /she shall state such an 
intention and include an explanation of said function of the article 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 o mit to apply either 
black or white to them.  
(6) When the applicant omits to apply black 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 par agraph 
(1) or the photograph or model representing the design under paragraph (2), if the 
whole or part of the article to the design is transparent, the applicant shall state 
thereof in the application.  
 
(One application per design)  
Article 7  An applicati on for design registration shall be filed for each design in 
accordance with a classification of articles as provided by an Ordinance of the 
Ministry of Economy, Trade and Industry.  
 
(Design for a set of articles)  
Article 8  Where two or more articles are used together and are specifically 
designated by an Ordinance 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 f iled as for one design, 
and the applicant may obtain a design registration, for designs for the articles 
that constitute the Set of Articles.  
 
(Prior application)  
Article 9  (1) Where two or more applications for design registration have been filed 
for ide ntical or similar designs on different dates, only the applicant who filed the 
application for design registration on the earliest date shall be entitled to obtain a 
design registration for the design.  
(2) Where two or more applications for design registra tion have been filed for 
identical or similar designs on the same date, only one applicant, who was 7 selected by consultations between the applicants who filed the said applications, 
shall be entitled to obtain a design registration for the design. Where no  
agreement is reached by consultations or consultations are unable to be held, 
none of the applicants shall be entitled to obtain a design registration for the 
design.  
(3) Where an application for design registration has been waived, withdrawn or 
dismissed , or where the examiner's decision or appeal/trial decision to the effect 
that an application for design registration is to be refused has become final and 
binding, the application for design registration shall, for the purpose of the 
preceding two paragra phs, be deemed never to have been filed; provided, however, 
that this shall not apply to the case where the examiner's decision or appeal/trial 
decision to the effect that the application for design registration is to be refused 
has become final and bindin g 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 speci fied 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, the Commissioner of the Patent Office 
may d eem that no agreement under paragraph (2) has been reached.  
 
(Amendment of statement in the application or the drawing, etc., and change of 
gist) 
Article 9 -2  Where, after the registration establishing a design right, it is found 
that an amendment made to any statement in the application (excluding the 
statements listed in items (i) and (ii) of Article 6(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 a ttached 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) Notwithstandi ng 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 own designs either for which an application 8 for design registration has been filed or fo r 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 Re lated Design (or when the 
application for design registration of the Related Design contains a priority claim 
under Article 43(1), 43 -3(1) or 43 -3(2) of the Patent Act as applied mutatis 
mutandis under Article 15 of this Act, the filing date of the earlies t application, 
the filing date of an application that is deemed to be the earliest application 
under Article 4.C(4) of the Paris Convention for the Protection of Industrial 
Property of March 20, 1883, as revised at Brussels on December 14, 1900, at 
Washing ton on June 2, 1911, at Hague on November 6, 1925, at London on June 2, 
1934, at Lisbon on October 31, 1958, and at Stockholm on July 14, 1967, or the 
filing date of an application that is recognized as the earliest application 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 the date when the design bulletin in which the 
application for design registr ation of the Principal Design is 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)) is issued.  
(2) Where an exclusive license has been established for the design right of the 
Principal Design, a design registration shall not be granted to its Related Designs, 
notwithstanding the preceding paragraph.  
(3) A design registration shall not be granted to a design that is similar only to a 
Related Design to be registered under paragraph (1).  
(4) Where applications for design registration are filed for two or more Related 
Designs pertaining to the Principal Design, Article 9(1) or (2) shall not apply to 
these Related Designs.  
 
(Division of applications for design registrati on) 
Article 10 -2  (1) An applicant for design registration may extract one or more new 
applications for design registration out of a single application for design 
registration containing two or more designs only while examination, appeal/trial 
or retrial o f the application for design registration is pending.  
(2) Where an application for design registration is divided under the preceding 
paragraph, the new application(s) for design registration shall be deemed to have 
been filed at the time of the filing of the original application; provided, however, 9 that this shall not apply for the purposes of applications of Article 4(3) of this Act 
and Articles 43(1) and (2) of the Patent Act as applied mutatis mutandis under 
Article 15 of this Act (including the cases w here 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).  
(3) Where a new application for design registration is filed under paragraph (1), any 
statements or doc uments 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 Articles 43(1) and (2) of the 
Patent Act as applied muta tis mutandis under Article 15 of this 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 Article 15(1) of this Act) 
shall be deemed to have been submitted t o 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 
appli cation for design registration; provided, 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 application 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 provided in the proviso to paragraph (1) 
shall be deemed to have been extended only 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 application, may convert the patent application 
pursuant to paragraph (1) only in the case where the consent of the person is 
obtaine d. 10 (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 Patent Cooperation Treaty ) 
Article 13 -2  (1) An international application 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 application 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 Applic ation 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 Language under Article 184 -4(1) of said Act, 
the procedures under Artic les 184 -4(1) or (4) and 184 -5(1) of said Act have been 
completed.  
(2) An international application that has been 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 application 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 deemed to be an 
application for utility model registration under Ar ticle 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 compl eted, or, in the 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 registrat ion 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 pr eceding paragraph shall submit to 
the Commissioner of the Patent Office, at the time of filing of the application for 11 design registration or payment of registration 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 for which t he 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 the 
design right, when:  
(i) consent of the holder of  the design right to do so has been obtained;  
(ii) so requested by a party or an intervenor of examination, appeal/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 person who has submitted a document stating 
the name of the holder of the design right and the registration number and 
other documents required by an Ordinance of the Ministry of Economy, Trade 
and Industry.  
 
(Application m utatis mutandis of provisions of the Patent Act)  
Article 15  (1) Articles 38 (joint applications), 43(1) to (4) , (8) and (9)  (procedures 
for a priority claim under the Paris Convention) and 43 -3 (priority claims 
recognized under the Paris Convention) of th e Patent Act shall apply 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 replac ed with "at the 
time of filing of the application for design registration" , "within one year and four 
months from the earliest of the following dates" in Article 43(2) shall be deemed to 
be replaced with "within three months from the date of filing of the application for 
design registration" , "a person who have received a notice under paragraph (6)" 
and "the preceding paragraph" in Article 43( 8) shall be deemed to be replaced 
with "a person who submits documents under paragraph (2)" and "the said 
paragraph" , respectively, and "the preceding two article s" in Article 43 -3(3) of 
said Act  shall be deemed to be replaced with " Article 43 ". 
(2) Article 33 and Article 34(1), (2) and (4) to (7) of the Patent Act (right to obtain 12 patent) shall apply mutatis mutandis t o the right to obtain the design 
registration.  
(3) Article 35 (excluding except the part pertaining 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 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 examiner'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 design registration is not registrable under 
Article 3, 3 -2, 5, 8, 9(1) or (2), 10(1) to (3) 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 registration does not comply with the re quirements 
under Article 7; and  
 (iv) where an applicant of a design registration 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 stateme nt in the application, 
or to the drawing, photograph, model or specimen 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 sha ll 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 expiratio n of three months from the date on which a 13 certified copy of the ruling has been served.  
(4) Where an applicant for design registration files a request for appeal against an 
examiner's ruling dismissing an amendment under paragraph 1, examination of 
the ap plication for design registration shall be suspended until the appeal/trial 
decision becomes final and binding.  
 
(New application for amended design)  
Article 17 -3  (1) Where an applicant for design registration files, within three 
months from the date on w hich 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 whe n the written amendment of 
proceedings for the said amendment was submitted.  
(2) Where a new application for design registration is filed under the preceding 
paragraph, the original application for design 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 Commissioner of the Patent Office, at the time 
of the filing of a new application, a document stating a request for the application 
of parag raph 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 re mote area or an area with transportation difficulty.  
(2) The chief administrative judge  may, upon request or ex officio, extend the period 
provided for in paragraph (1) of the preceding Article as applied mutatis 
mutandis under Article 50(1) (including its  application 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 applicatio n 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 (exclusi on of examiners), 14 50 (notice of reasons for refusal), 52 (formal 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  
 
Section 1 Design Rights  (Article 20 to Article 36)  
 
(Registration of establishment of a design right)  
Article 20  (1) A design right shall become effective upon registration of its 
establishment.  
(2) The establishment of a design right shall be registered w here 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 r esidence 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 th e 
preceding Article shall be published without delay after the lapse of the period 
designated under Article 14(1).  
 
(Duration of design rights)  
Article 21  (1) The duration of a design right (excluding design right of a Related 
Design) shall expire after a  period of 20 years from the date of registration of its 
establishment.  
(2) The duration of a Related Design shall expire after a period of 20 years from the 
date when the establishment of the design right of its Principal Design is 
registered.  
 
(Transfer of the design right of a Related Design)  
Article 22  (1) The design right of a Principal Design and that of its Related Design 15 may not be transferred independently of each other.  
(2) Where the design right of a Principal Design has been extinguished under 
Article 44(4), appeal/trial decision to the effect that the design right of a Principal 
Design is to be invalidated has become final and binding, or the design right of a 
Principal Design has been waived, the design right of its Related Design thereof 
may not be transferred independently.  
 
(Effect of design right)  
Article 23  A holder of a design right shall have the exclusive right to work the 
registered design and designs similar thereto as a business; provided, however, 
that where an exclusive license re garding the 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 sco pe of a registered design shall be determined based upon the 
design stated in the application and depicted 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 the Patent Office for its advisory opinion 
on the scope of a regi stered design and designs similar thereto.  
(2) Where a request under the preceding paragraph is made, the Commissioner of 
the Patent Office shall designate three administrative judge s to make an advisory 
opinion on the requested matter.  
(3) Article 71(3) a nd (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 register ed design 
and designs similar thereto, the Commissioner of the Patent Office shall appoint 
three administrative judge s and direct them to provide an expert opinion on the 
requested matter.  
(2) Article 71 -2(2) of the Patent Act shall apply mutatis mutandis to the 16 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, 
patented inventi on 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 de sign 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 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 -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 regis tered design, or where part of a design 
right pertaining to designs similar to the registered design is in conflict with 
another person's design right, 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 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 -exclusive 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 2 6-2  (1) Where a design registration falls under the requirements provided 
for in Article 48(1)(i) (limite d 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 provision of an Ordinance of the Ministry of 
Economy, Trade and Industry, request an owner  the holder of the design right 
to transfer the said design right as provided by an Ordinance of the Ministry of 
Economy, Trade and Industry.  17 (2) A request with regard to the design right of a Principal Design or a Related 
Design under the preceding paragraph may not be filed after any of the right of 
its Principal Design or its Related Design has been ex tinguished, unless the 
extinguished design right has been deemed never to have existed from the 
beginning under Article 49.  
(3) Where the transfer of a design right has been registered based on the request 
under paragraph (1), the design right shall be dee med 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 pertaining to  the said design right under 
Article 60 -12(1).  
(4) Where a share of a jointly owned design rig ht 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 exclusi ve license on the 
design right; provided, however, an exclusive license on a design right of a 
Principal Design or exclusive licenses on design rights of its Related Designs may 
be granted only where all the exclusive licenses on the design rights of the 
Principal Design and its Related Designs are granted to the same person at the 
same time.  
(2) An exclusive licensee shall have an exclusive 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 Principal Design has been extinguished under 
Article 44(4), appeal/trial decision to the effect that the design right of a Principal 
Design is to be invalidated has become final and binding, or the desi gn right of a 
Principal Design has been waived, exclusive licenses on design rights of its 
Related Designs may be granted only where all the exclusive licenses on the 
design rights of the Related 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)  18 Article 28  (1) A holder of a design right may gr ant a non -exclusive license on the 
design right to any third party.  
(2) A non -exclusive licensee shall have a right to work the registered design or 
designs similar thereto as a business to the extent prescribed by this Act or 
permitted by the contract gra nting the license.  
(3) Articles 73(1) (joint ownership), 97(3) (waiver) and 99 (perfection of 
non-exclusive 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 fo r design 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 pursu ant 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 right, 
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 iden tical 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), shall have a non -exclusive 
license on the design right, only if both of the following conditions are satisfied 19 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 i n the said 
application for design registration or design 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 re gard to the application for design registration filed by the person as 
prescribed in the preceding item, an examiner's decision or appeal/trial decision 
to the effect that the application is to be refused on the ground that the design 
in the application fa lls under any of items of Article 3(1) has become final and 
binding.  
 
(Non -exclusive licenses by due to the working 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 exclusiv e 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) A request with regard to the design right of a the Principal Design or a the 
Related Design under the preceding paragraph may not be filed after any of the 
right of its the Principal Design or its the Related Design has been exting uished, 
unless the extinguished design right has been deemed never to have existed from 
the beginning under Article 49.  
 
(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 similar thereto in Japan or preparing such 
business, before the registration of a request for invalidation trial of the design 20 registration, without k nowledge that the design registration falls under any of the 
items of Article 48(1), shall have a non -exclusive license regarding the invalidated 
design right or the exclusive license existing at the time of the invalidation, only 
to the extent of the desi gn and the purpose 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 granted to the person 
who is entitled to obtain a design registration for the same or similar design,  
(iii) in the case referred to in items (i) and (ii), a p erson that, at the time of the 
registration of the request for invalidation trial of design registration, has an 
exclusive license regarding the design right pertaining to the design 
registration to be invalidated, or a non -exclusive license regarding the desig n 
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 under the preceding 
paragraph.  
 
(Non -exclusive licens e after expiration of duration of design right, etc.)  
Article 31  (1) Where part of a design right that pertains to designs similar to the 
registered design with regard to an application 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, the 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 e xclusive 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 application 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 application upon expiration of the duration 
of the patent right or utility mod el right.  
 
Article 3 2  (1) Where part of a design right that pertains to designs similar to the 
registered design with regard to an application for a design registration filed on or 
before the date of filing of a design application is in conflict with the design right 21 with regard to the design application, a person 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 exclu sive 
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 application 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 application upon expiration of the duration 
of the patent right or utility model right.  
(3) The holder of a design right or the exclusive licensee shall have a right to receive 
reasonable consideration from the non -exclusive 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 lic ensee of the design 
right may request the other person under the 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 gran ting a 
non-exclusive license to the extent of the registered design or a design similar 
thereto that the said holder of design right 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), the holder of design right or the exclusive 
licensee may request the Commissioner of the P atent 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 ma y request 22 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 
mutati s 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 license will be un reasonably 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 P atent Office shall not render an award 
ordering a non -exclusive license to be granted if an award ordering a 
non-exclusive 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 -exclusive 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 conse nt 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 inherita nce. 
(2) Except for a non -exclusive 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 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 gran ted by an award under paragraph (3) of the 
preceding Article, Article 92(3) of the Patent 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 model right  of the non -exclusive licensee on 23 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 wh ere 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 award under paragraph (4) of the 
preceding Article shall be transferred together with the 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 pledg e) 
Article 35  (1) Unless otherwise agreed by contract, where a right of pledge is 
established on a design right, exclusive license 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 mutandis 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 regist ration) of the Patent Act shall apply 
mutatis mutandis to a right of pledge established on a design right or exclusive 
license.  
 
(Application mutatis mutandis of provisions of the Patent Act)  
Article 36  Articles 69(1) and (2) (Limitations 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) (Effect 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 suc h infringement.  
(2) In making a demand under the preceding paragraph, the holder of a design right 
or an exclusive licensee may demand measures necessary for the prevention of 24 such infringement including the disposal of products constituting such act of 
infringement (including Computer Program, etc. (refers to Computer Program, 
etc. as provided in Article 2(4) of the Patent Act; the same shall apply for the 
following Article); the same shall apply hereinafter) and the removal of facilities 
used for the act of infringement.  
(3) With regard to a design for which secrecy is requested under Article 14(1), the 
holder of the 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 certified by the Commissioner of the Patent 
Office.  
 
(Acts Deemed to constitute infringement)  
Article 38  The following acts shall be deemed to constitute infringement of a 
design right or an exclusive license:  
(i) acts o f producing, assigning, etc. (assigning and leasing and, in the case where 
the product is a computer program, etc., including providing through an electric 
telecommunication line, the same shall apply hereinafter) or importing or 
offering for assignment, e tc. (including displaying for the purpose of assignment, 
etc., the same shall apply hereinafter) any product to be used exclusively for the 
producing of the article to the registered design or a designs similar thereto as a 
business; and  
(ii) acts of posse ssing an article to the registered design or a design similar 
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 clai ms 
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 assigned articles that composed the act of infringement, the amount 
of damages s ustained by the holder of such design right or the exclusive licensee 
may be presumed to be the amount of profit per each unit of article which would 
have been sold by the holder of the design right or the exclusive licensee if there 
had been no such act o f infringement, multiplied by the quantity (hereinafter 
referred to in this paragraph as the "assigned quantity" of articles) assigned by 
the infringer, the maximum of which shall be the amount attainable by the holder 
of the design right or the exclusive licensee in light of the capability of the holder 25 of the design right or the exclusive licensee to work such articles; provided, 
however, that if any circumstances exist under which the holder of the design 
right or the exclusive licensee would have been u nable to sell the assigned 
quantity in whole or in part, the amount calculated as the number of articles not 
able to be sold due to such circumstances shall be deducted.  
(2) Where a holder of design right or an exclusive licensee claims against an 
infringe r 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 amount of profits earned by the 
infringer shall be pr esumed to be the amount of damages sustained by the holder 
of the 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 o r negligent 
infringement of the design right or exclusive license, by regarding the amount the 
holder of the design right or exclusive licensee would have been entitled to receive 
for the working of the registered design or design similar thereto as the am ount of 
damages sustained.  
(4) The preceding paragraphs shall not prevent any relevant party from claiming 
compensation for damages in an amount exceeding the amount provided for 
therein. In such a case, where the infringer committed the infringement of th e 
design right or exclusive license without intent or gross negligence, the court may 
take these circumstances into consideration in determining 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 design 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 -6 (Obligation to clarify the specific conditions, 
restrictions on the exercise of rights of patentee, etc., limitation to assertion 
restriction on claim, production submission of documents, etc., expert opi nion for 
calculation of damages, determination of reasonable damages, protective order, 
rescission of protective order and notice, etc. of a request inspection of record, etc.) 26 and 106 (Measures to restore credibility) shall 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 registration establishing a design right, or a 
holder of a design right, shall pay as reg istration 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  
(ii) Fourth to twentieth year: annually 16, 900 yen  
(2) The preceding paragraph shall not apply to design rights belonging to the State.  
(3) Notwithstanding the provisions of paragraph (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 paragraph (1) shall be determined as the sum calculated by 
multiplying the applicable registration fees as provided in paragraph (1)  by the 
ratio of the share of pe rsons 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 regist ration fees under paragraph (1) shall be made by patent 
revenue stamps as provided by an Ordinance of the Ministry of Economy, Trade 
and Industry; provided, however, that where so provided by an Ordinance of the 
Ministry of Economy, Trade and Industry, a c ash 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 which a certified copy of the examiner's 
decision or the appeal/trial decision to the effect that the design is to be registered 
has been served.  
(2) The registration fees for each year from the second and subsequent years under 
Article 42(1) shall be paid by the end of the previous year.  
(3) The Com missioner of the Patent Office may, upon a request by a person by 27 whom the registration fees are to be paid, extend 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 under 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 fees by interested persons)  
Article 43 -2  (1) An interested person may pay the registration fees even against 
the will of the person by whom the registra tion fees are to be paid.  
(2) The interested person who has paid the registration fees under the preced ing 
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 desig n right is unable to pay the registration 
fees within the time limit under Article 43(2), the holder of the design right may 
make a late payment of the registration 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 the design right who makes a late payment of the registration fees 
under the preceding paragraph shall pay, in addition to the registration 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 provided by an Ordinance of the Ministry of 
Economy, Trade and Industry; provided, however, t hat 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 paragra ph (1), the registration fees and 
the registration surcharge under paragraph (2), the design right shall be deemed 
to have been extinguished retroactively upon expiration of the time limit as 28 provided in the Article 43(2).  
 
(Restoration of design right by late payment of registration fees)  
Article 44 -2  (1) Where an original holder of a design right which was deemed to 
have been extinguished under paragraph (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 limit 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 justifiable reasons ceased to exist, but not 
later than one year following the expiration of the said time limit.  
(2) Where the registration fees and the surcharge are paid under the preceding 
paragraph, the design rig ht shall be deemed 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 shall not be effective against an article to the 
registered design or a design similar thereto, which was imported into, 
manufactured or acquired within Japan after the lapse of the time limit during 
which th e 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 a cts conducted 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:  
(i) the using of the registered design or a design sim ilar thereto;  
(ii) manufacturing, assigning, etc., importing or offering for assignment, etc. of 
any product to be used exclusively for manufacturing an article to the 
registered design or a design similar thereto. ; and  
(iii) possessing an article 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 29 Patent Act shall apply mutatis mutandis 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 app lication is to be refused and is dissatisfied may file a request for a n 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.  
(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 with in 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.  
 
(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 a n 
appeal against the examiner's ruling dismissing an amendment within three 
months from the date on wh ich 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 mut atis 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 desig n registration may be filed.  
(i) where the design registration has been granted in violation of Articles 3, 3 -2, 5, 
9(1) or (2), 10(2) or (3) of this Act, Articles 38 of the Patent Act as applied 
mutatis mutandis under Article 15(1) of this Act, or Article s 25 of the Patent 
Act as applied mutatis mutandis under Article 68(3) of this Act (where the 
design registration has been obtained in violation of Article 38 as applied 
mutatis mutandis under Article 15(1), excluding the case where the transfer of 30 a desig n 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 desig n 
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 registration has been registered based on 
the request under A rticle 26 -2(1)); and  
(iv) where, after the grant of a design registration, the holder of the design right 
has 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 invalidation trial of design registration; 
provided, however, that where a request for invalidation trial of design 
registration is filed on the ground that the design  registration falls under item (i) 
of the preceding paragraph (limited to cases where the design registration is 
obtained in violation of Article 38 of the Patent Act as applied mutatis mutandis 
under Article 15(1) of this Act) or item (iii) of the precedi ng paragraph, only a 
person who has the right to obtain a design 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 fi led 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.  
 
(Trial to invalidate a design registration)  
Article 49  Where a trial decision to the effect 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.  
 31 (Application mutatis mutandis of provisions on examination)  
Article 50  (1) Article 17 -2 and Article 17 -3 shall apply mutatis mutandis to a n 
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 a n appeal against" in Article 17 -2(4) shall 
be deemed to be replaced with "institutes, 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, 
howev er, 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 
mutatis mutandis under Article 52.  
(3) Article 50 (notice of reasons for refusal) 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 m utatis 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  appeal/trial, administrative judge , procedures of 
appeal/trial, relation to litigation and costs of appeal/trial) of the Patent Act shall 
apply mutatis mutandis to appeal/trial. In this case, the term ", in appeal/trial 
other than invalidation  trial, noti fy" 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 sai d Act shall be deemed to be replaced 
with "a n 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) 
 32 (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 mutandis to a re quest 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 pa rty may file a request for a retrial against 
the final and binding trial decision.  
(2) A request for a retrial under the preceding paragraph shall be filed against the 
demandant and the demandee in the trial as joint demandees.  
 
(Restriction on effect of d esign right restored by retrial)  
Article 55  (1) Where a design right pertaining to an invalidated design 
registration has been restored by a retrial, such design right shall not be effective 
against any article to the registered design or a design similar  thereto, which was 
imported into or manufactured or acquired in Japan without knowledge, after the 
trial decision became final and binding but before the registration of the request 
for a retrial.  
(2) Where a design right pertaining to an invalidated desi gn registration has been 
restored by a retrial, such design right shall 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) using of the said design or a design similar thereto without knowledge;  
(ii) producing, assigning, etc., importing or offering for assignment, etc., any 
product to be used exclusively for the manufacturing of an article to the 
registered design or a design similar thereto w ithout knowledge; and  
(iii) possessing an article 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 pertaining to an invalidated design registrati on 
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, 33 been us ing the design or a design similar thereto in Japan or has, without 
knowledge, been making preparations therefor, after the trial decision became 
final and binding but before the registration of the demand for a retrial, such 
person shall have a non -exclus ive 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)  
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 examiner's ruling dismissing an amendment.  
 
(App lication 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 decision in appeal against an 
examiner's decision of refusal. In this case, the term "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/ 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 w ith "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 invalidation trial of design registration  
 
(Actions against appeal /trial decisions, etc.)  34 Article 59  (1) The Tokyo High Court shall have exclusive jurisdiction over any 
action against appeal/trial decision, a ruling dismissing an amendment under 
Article 17 -2(1) as applied mutatis mutandis under Article 50(1) (including its 
application under Article 57(1)), and a ruling to dismiss a written request for 
appeal/trial or a retrial.  
(2) Articles 178(2) to (6) (Statute of limitations for filing an action, etc.), 179 
(Appropriate party as defendant), 180(1) (Notice of instituti on of action) and 
180-2 to 182 (Opinion of the Commissioner of the Patent Office in litigation 
rescinding the appeal/trial decision, rescission of the appeal/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 amou nt 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.  
 
(Relationship between (administrative) objection and litigation)  
Article 60 -2  Article 184 -2 (Relationship between (administrative) objection and 
litigation) of the Patent Act shall apply mutatis mutandis to an action demanding 
the rescission of dispositions imposed by this Act or an order thereunder 
(excluding disposi tions under Article 68(7)).  
 
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 foreign national domiciled or resident (or, 35 in the case of a juridical person, with a business office) in Japan may file to the 
Commissioner of the Patent Office an international  application as provided in 
Article 1(vii) of Geneva A ct of the H auge  Agreement concerning the International 
Registration of Industrial Designs  (hereinafter 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 persons may jointly  file an international  
application . 
(2) A person filing an international  application  under the preced ing paragraph 
(hereinafter referred to as " application for i nternational  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 . 
 
(Application  mutatis mutandis  of provisions related to a pplications 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 Ac t shall apply mutatis mutandis to the application for i nternational 
registration . 
 
(Delegation  to Ordinance of the Ministry of Economy, Trade and Industry ) 
Article 60 -5  In addition to those prescribed in the preceding two Articles , details of 
matters necessary for enforcing Geneva Act and the rules under Geneva Act 
relating to application for i nternational registration shall be prescribed by 
Ordinance of the Ministry of Economy, Trade and Industry.  
 
Section 2 Special Provisions Concerning  International Application s for 
Design Registration  (Article 60 -6 to Article 60 -23) 
 
(Application for design registration based on International Application)  
Article 60-6  (1) An international application 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") pertaining to  the International Application  
(hereinafter referred to as "international publi cation") have been made under 
Article 10(3)(a) of Geneva Act shall be deemed to be an application for design 36 registration filed on an international registration  date under Article 10(2) of 
Geneva Act (hereinafter referred to as " date of the international r egistration "). 
(2) For the purpose of application of the 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 registrat ion filed 
for each design that is the subject  of an international registration ". 
(3) Matters listed in the left columns of the following table recorded on 
International Register under Article 1(viii) of Geneva Act (hereinafter referred to 
as "International  Register") pertaining to an international application deemed to 
be an application for design registration under paragraph (1) (including cases of 
replacing under the preceding paragraph) (hereinafter referred to as 
"international application for design registration") shall be deemed to be the 
matters listed in the right columns of the said table stated in an application 
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 ; 
(4) The design recorded on International Register concerning international 
applications for design registration shall be deemed to be a design for which 
registration is requested, which is depict ed in the drawing submitted under 
Article 6(1) of this Act.  
 
(Special provision for exception to lack of novelty of design)  37 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 fal len under 
items (i) and (ii) of Article 3(1) is a design  to which Article 4(2) may be applicable.  
 
(Special provision for registration of related designs)  
Article 60 -8  For the purpose of application of Article 10(1) in the case where either 
or both of the  application for design registration of a principal design and the 
application for design registration of a related design are international 
applications for design registration, "or under Article 43 -3(1) or (2)" in the said 
paragraph shall read "or under Article 43 -3(1) or (2), or Article 6(1)(a) of Geneva 
Act."  
 
(Special provision for s ecret design s) 
Article 60 -9  Article 14 shall not apply to the applicant of an international 
application for design registration.  
 
(Special provisions for p rocedures for a priority claim under the Paris Convention , 
etc.) 
Article 60 -10  (1) Articles 43(1) to (4), (8) and ( 9) (including its mutatis mutandis  
application in Article 43 -3(3) of Patent Act  to be applied mutatis mutandis in 
Article 15(1)) and 43 -3(2) of Patent Act to be applied mutatis mutandis in Article 
15(1) shall no t apply to international applications for design registration.  
(2) Article 43(2) to (4), (8) and ( 9) of 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 "within one year and four months from the earliest of the following 
dates" in Article 43(2) of the said Act shall be deemed to be  replaced with "within 
the time limit provided by Ordinance of the Ministry of Econ omy, Trade and 
Industry ," and "a person who has received notice under paragraph (6)" and "the 
preceding paragraph" in Article 43( 8) shall be deemed to be replaced with "a 
person who submits documents under paragraph (2)" and "the said paragraph, ” 
respectiv ely. 
 38 (Special provisions for the right to obtain a design registration)  
Article 60 -11  (1) For the purpose of application of Article 34(4) of Patent Act  as 
applied mutatis mutandis under Article 15(2) of this Act to an international 
application for design  registration , "except 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 app lied 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 international  application for design registration  
may claim compensation aga inst a person who has worked the design  in the 
international application for design registration or designs similar thereto , as a 
business after the warning, prior to the registration establishing a design  right, 
and the amount of compensation shall be equ ivalent to the amount the applicant 
would be entitled to receive for the working of the registered design  or designs 
similar thereto if the design in the international application for design 
registration  was the  registered design . Even where the said warni ng has not been 
given, the same shall apply to a person who worked the design  in the 
international application for design registration or designs similar thereto  as a 
business prior to the registration establishing a design  right , with knowledge of 
the design having been claimed in the international application for design 
registration that the international publication has been effected . 
(2) Paragraphs (2) to (6) of Article 65 of Patent Act shall apply mutatis mutandis to 
the exercise of the right to claim compensation under the preceding paragraph.  In 
this case, " after the laying open " in paragraph (5) of the said Article shall be 
replaced with "after international publication", and "A rticles 101, 104 to 104 -3, 
105, 105 -2, 105 -4 to 105 -7 and  "in paragraph ( 6) of the said Article shall be 
replaced with "Articles 104 -2 to 105 -2 and 105 -4 to 105 -6 of Patent Act 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."  
 39 (Specia l 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 registration, "payment of the registration fee 
for the first year under A rticle 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 registration on which an in ternational 
application for design registration is based is extinguished, the international 
application for design registration shall 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 preceding 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 tw o paragraphs shall be taken as of the date on which 
the said international registration is extinguished  from the International 
Register.  
 
(Special provision for pertaining to transfer of a design right of a related design)  
Article 60 -15  For the purpose of  application of Article 2 2(2) to the design right of a 
principal design based on international registration, "Article 4 4(4)" in the said 
paragraph shall read " Article 60 -14(2) ." 
 
(Special provision for establishment of an exclusive license on the design ri ght of 
a related design)  
Article 60 -16  For the purpose of application of Article 2 7(3) to the design right of a 
principal design based on international registration, "Article 4 4(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 Patent Act as applied mutatis mutandis under Article 36 shall 
not apply to the design right  based on international registration.  
 
(Special provisions for the effect of a design right  registration ) 40 Article 60 -18  (1) Transfer , modification due to trust,  lapse due to abandonment, or 
restriction on disposition  of a design right based on internation al registration  
must be registered to take effect . 
(2) Article 9 8(1)(i) and (2) of Patent Act as applied mutatis mutandis under Article 
36 shall not apply to the design right based on international registration.  
 
(Special provisions for registration 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, "establishment, 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 exti nguishment upon expiration of the 
duration) of a design right based on international registration depend s on the 
place at which the design right is registered in the International R egister . 
 
(Special provision for Design Bulletin)  
Article 60 -20  For the pu rpose of application of Article 6 6(2)(i) to a design right 
based on international registration, "excluding extinguishment under Article 
44(4)) or the restoration thereof (limited to restoration under Article44 -2(2)" in 
the said item shall read "excluding e xtinguishment under Article 60 -14(2) 
(limited to extinguishment due to the fact that renewal 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  international application s for design registration  
shall pay, as the individual designation fee  under Article 17(2) of Geneva Act 
(hereinafter referred to as i ndividual designation fee , the amounts equivalent to 
74,600 yen per case to the Internatio nal Bureau  under Article 1(xxviii) of Geneva 
Act (referred to as " International Bureau " 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 applic ation for design 
registration or a design right based on the international registration  is based 
(excluding renewal made after fifteen years has elapsed from the date of the 
international registration) shall pay, as the individual designation fee , the 41 amou nts 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 regis tration has become final and binding, amounts as 
provided in Cabinet Order shall be refunded 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 individual 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 i nternational 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 Ministry of Economy, Trade and Industry)  
Article 60 -23  In addition to those prescribed in Articles 60 -6 to 60 -22, details of 
matters necessary for enforcing Geneva Act and the rules under Geneva Act shall 
be prescribed by Ordinance of the Ministry 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 procedure with regard to an application for 
design registration, a request or any other procedures relating to design 
registration, may make amendments only while the case is pending in 42 examination, appeal/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 the design right where the establishment of a 
design right has been registered or transfer of the design right has been 
registered based on the request under Article 26 -2(1). 
(2) Re -issuance of the certificate of design reg istration shall be prescribed by 
Ordinance of the Ministry of Economy, Trade and Industry.  
 
(Request for certificate, etc)  
Article 63  (1) Any person may file a request with regard to design registrations to 
the Commissioner of the Patent Office to issue a  certificate, a certified copy of 
documents or an extract of documents, to allow the inspection or copying of 
documents, model or specimen, or to issue documents which contain matters 
recorded on the magnetic tapes that constitute the part of the Design Re gistry; 
provided, however, that if the Commissioner 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 draw ing, photograph, model or specimen attached to an 
application, or any document pertaining to the examination of an application 43 for design registration for which the design has not been registered;  
(ii) Documents, model or specimen related to a design for w hich the secrecy is 
requested under Article 14(1);  
(iii) Documents concerning appeal against an examiner's decision of refusal or 
appeal against an examiner's ruling dismissing an amendment requested for an 
application for design registration for which the  design has not been registered;  
(iv) Documents concerning invalidation trial of design registration or a retrial of 
the final and binding trial decision in such trial, with respect to which a party 
in the case or intervenor has given notice that a trade s ecret owned by the said 
party in the case or intervenor has been described (trade secret as provided in 
Article 2(6) of the Unfair Competition Prevention Act (Act No. 47 of 1993));  
(v) Documents which are liable to cause damage to an individual's reputatio n or 
peaceful life; and  
(vi) 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, mode l or 
specimen as provided in items (i) to (v) 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 Info rmation 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 Info rmation 
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(3) of the said Act) recorded in the documents concerning 
design reg istrations and the part of the Design 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 (hereinafter referred to as a "m ark of design 
registration ") as provided by an Ordinance of the Ministry of Economy, Trade 
and Industry, on the article to the registered design or a design similar thereto or 
package thereof, indicating that the design for the article has been registered . 
 
(Prohibition of false marking)  44 Article 65  It shall be prohibited for a person to do the following acts:  
(i) putting a mark of design registration or a mark confusing therewith on an 
article which is not the article to the registered design and is not t he article to a 
design similar to the registered design, or the package thereof;  
(ii) assigning, leasing or displaying for purposes of assignment or lease an article 
which is not the article to the registered design and is not the article to a design 
simil ar to the registered design, putting a mark of design registration or a mark 
confusing therewith on the article or package thereof; or  
(iii) Giving in an advertisement an indication to the effect that the article, which 
is not the article to the registered  design and is not the article to a design 
similar to the registered design, is related to the registered design, or an 
indication confusing with the indication for the purpose of having the article 
manufactured or used, or assigning or leasing the article . 
 
(Design Bulletin)  
Article 66  (1) The Patent Office shall publish the Design Bulletin (Isho Koho).  
(2) In addition to the matters provided for in this Act, the Design Bulletin shall 
contain:  
(i) the extinguishment of design rights (excluding extinguishm ent 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 retrials, or withdrawals thereof, or final and 
binding trial decisions or retria l decisions (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 t o cases 
where the establishment of a design right has been registered)  
(3) In addition to the matters provided for in the preceding paragraph, with regard 
to an application for design registration for which an examiner's decision or 
appeal/trial decision t o the effect it is to be refused under the latter sentence of 
Article 9(2) have become final and binding, the following matters shall be 
published in the Design Bulletin. In this case, if secrecy was requested under 
Article 14(1) for any of those applicati ons, with regard to all of those applications, 
the matters prescribed in item (3) below shall be published without delay after 
the lapse of the period designated under Article 14(1) (in the case where secrecy 45 was requested for two or more applications, the  period which is the longest among 
the periods of secrecy requested for such applications) from the date such 
examiner's decision or appeal/trial decision became final and binding.  
(i) the name, and domicile or residence of the applicant for design registr ation;  
(ii) the number and the filing date of the application for design registration;  
(iii) the application and drawing(s), photograph(s), model(s) or specimen(s) 
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) o f the Patent Act as applied mutatis 
mutandis under Article 68(1);  
(iv) person s who file applications for i nternational registration;  
(v) persons filing a request for the re -issuance of the certificate of design 
registration;  
(vi) persons filing a request f or 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 doc uments, 
model or specimen under Article 63(1); and  
(ix) persons filing a request for the issuance of documents which contain matters 
recorded on the magnetic tapes that constitute 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 within 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 p erson 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 46 design registration with a person other than the State, and the portion of their 
respective shares of sa id right has been agreed, notwithstanding the provisions of 
paragraph (1) or (2), the fees payable thereunder (limited 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 pe rson other than the State, and, the person(s) 
other than the State shall pay such amounts.  
(5) Where the amount of the fees calculated under the preceding paragraphs has a 
fractional figure of less than ten yen, said portion shall be discarded.  
(6) The pay ment of the fees under paragraphs (1) and (2) shall be made by patent 
revenue stamps as provided by an Ordinance of the Ministry of Economy, Trade 
and Industry; provided, however, that where so provided by an Ordinance of the 
Ministry of Economy, Trade and  Industry, 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 following th e expiration of the said time 
limit.  
 
(Application mutatis mutandis of provisions of the Patent Act)  
Article 68  (1) The provisions of Articles 3 , 4 and 5(1),(2)  (Time periods and dates) 
of the Patent Act shall apply mutatis mutandis to time periods and ti me 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 regist ration. In this case, the 
term "hearing against an examiner's decision of refusal" in Article 9 of the Patent 47 Act shall be deemed to be replaced with "request for a n appeal against an 
examiner's decision of refusal and appeal against examiner's ruling dism issing 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 di smissing an amendment."  
(3) Article 25 (Enjoyment of rights by foreign 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 sh all apply mutatis mutandis to 
the design registration.  
(5) Articles 189 to 192 (Service) of the Patent 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 disposition s 
imposed by this Act or an order thereunder.  
(7) Article 195 -4 (Restriction on appeals under Administrative Appeal Act) of the 
Patent Act shall apply mutatis mutandis to a ruling to dismiss an amendment, an 
examiner's decision, a n appeal/trial decision, o r a ruling to dismiss a written 
request for appeal/trial or retrial, or dispositions against which no appeal lies in 
accordance with this Act.  
 
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 constitute infringement of a design 
right or an exclusive license under Article 38) shall be punished by imprisonment 
with work for a term not exceeding 10 year s 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 right 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)  48 Article 70  Any person who has obtained a design registration or appeal/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)  
Article 71  A person who fails to comply with Article 65 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 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 Off ice or the court commissioned thereby shall be 
punished by imprisonment with work for a term between three months and ten 
years.  
(2) Where a person who has committed the crime in the preceding paragraph has 
made a voluntary confession before a certified co py of the advisory opinion on the 
case has been served or an examiner's decision or appeal/trial decision has 
become final and binding, the punishment may be reduced or exculpated.  
 
(Crime of divulging secrets)  
Article 73  A present or former official of t he Patent Office who has divulged any 
secret relating to a design in a pending application 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 imprison ment 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 comply with an order given under Article 
105-4(1) of the Patent Act (including its  mutatis 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.  49 (3) The crime under paragraph (1) shall apply to a person who commits the crime 
outside Japan.  
 
(Dual liab ility)  
Article 74  (1) Where a representative of a juridical person or an agent, employee or 
other worker of a juridical person or an individual 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 addition to the offender, the 
juridical person shall be punished by a fine as provided in the corresponding item 
and the individual shall be punished by a fine as provided in the Article 
prescribed in the corres ponding 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 Pa tent 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 this Act, and fails to appear or refuses 
to swear, make a statement, testify, give an expert opinion or interpret without a 
justifiable reason shall be punished by a  civil fine not exceeding 100,000 yen.  
 50 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 accordanc e 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.  
 
Supplementary provisions (Extract)  
 
Appended Table (In relation to Article 67)  
 
  
The person (s) who shall pay fee s  
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  
A person requesting an award   
55,000 yen per case  
 
5  
A person requesting canceling of an award   
27,500 yen per case  
 
6  
A person filing a request for appeal/trial or retrial   
55,000 yen per case  
 
7  
A person applying for interve ntion in appeal/trial or 
retrial   
55,000 yen per case