WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/JPN/D/4 
28 March 2008 
 (08-1372) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
  
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
 
JAPAN 
   The present document reproduces the text
1 of the Design Act, as notified by Japan under 
Article 63.2 of the Agreement (see document IP/N/1/JPN/8). 
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES  
À LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES  
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
 
JAPON 
 
  Le présent document contient le texte
1 de la Loi sur les dessins et modèles, qui a été notifiée 
par le Japon au titre de l'article 63:2 de l' Accord (voir le document IP/N/1/JPN/8). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio  
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
JAPÓN 
   En el presente documento se reproduce el texto
1 de la Ley de Dibujos y Modelos, que el 
Japón ha notificado en virtud del párrafo 2 de l artículo 63 del Acuerdo (véase el documento 
IP/N/1/JPN/8). 
                                                      
1 In English only. The text in the original language is available for consultation by interested 
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le 
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas 
podrán consultar en la Secretaría de la OMC el texto en su idioma original. IP/N/1/JPN/D/4 
Page 2  
 
Design Act (Act No. 125 of 1959 ) 
 
Chapter I General Provision  
 Article 1 (Purpose)  
 
  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.  
 
Article 2 (Definition, etc.)  
 
(1) “Design” in this Act shall mean the shape, patte rns or colors, or any combination thereof, of an 
article (including a part of an article, the same sh all 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 graphi c 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 design 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  
 
Article 3 (Conditions for Design Registration)  
 (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 registration;  
(ii) Designs that were described in a distributed pub lication, or designs that were made publicly 
available through an electric telecommunication lin e 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 fo r design registration, a person ordinarily skilled in 
the art of the design would have been able to easily create the design based on shape, patterns or 
colors, or any combination thereof that were public ly known in Japan or a foreign country, a design 
registration shall not be granted for such a design (e xcept for  designs prescribed in any of the items 
of the preceding paragraph), notw ithstanding the preceding paragraph.  
 
Article 3-2  
   Where a design in an application for design registrati on is identical with or similar to part of a design 
described in the statement in the application and dr awing, photograph, model or specimen attached to 
the application of another application for design regi stration 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)  (hereinafter  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  IP/N/1/JPN/D/4 
 Page 3 
 
 
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 d esign bulletin in which the matters listed in 
Article 20(3)(iv) were published under Article 20(4)) was issued.  
 
Article 4 (Exception to lack of novelty of design)  
 
(1) In the case of a design which has fallen under item (i ) or (ii) of Article 3(1) against the will of the 
person having the right to obtain a design registratio n, 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 b een filed by the said person within six months 
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 to obtain a design regist ration, the preceding paragraph shall also apply 
for the purposes of Article 3(1) and (2) to any desi gn in an application for design registration which 
has been filed by the said person within six m onths from the date on which the design first fell 
under either of those items.  
(3) Any person seeking the application of the pr eceding paragraph shall submit 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 th e date of filing of the application for design 
registration, a document proving the fact that th e design which has otherwise fallen under item (i) 
or (ii) of Article 3(1) is a design to wh ich the preceding paragra ph may be applicable.  
 
Article 5 (Unregistrable designs)  
 
  Notwithstanding Article 3, the followi ng 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 i ndispensable for securing functions of the article.  
 
Article 6 (Application for design registration)  
 
(1) A person requesting a design registration shall s ubmit to the Commissioner of the Patent Office an 
application stating the following matters and draw ing depicting the design for which registration is 
requested:  
(i) the name, and domicile or residence of the applicant for the design registration;  
(ii) the name and domicile or residence of the creator of the design; and  
(iii) the article to the design.  
(2) Where so provided by an Ordinance of the Ministry of Economy, Trade and Industry, the 
applicant may submit photograph, model 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) When neither the statement of the article to th e 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 unde rstand 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.  
(4) Where the shape, patterns or colors of the artic le 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, IP/N/1/JPN/D/4 
Page 4  
 
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 th e drawing, photograph or m odel to be submitted under 
paragraph (1) or (2), the applicant may omit to apply either black or white to them.  
(6) When the applicant omits to apply black or white under the preceding paragraph, the applicant 
shall state thereof in the application.  
(7) Where the applicant submits the drawing de picting the design under paragraph (1) or the 
photograph or model representing the design under paragr aph (2), if the whole or part of the article 
to the design is transparent, the applican t shall state thereof in the application.  
 
Article 7 (One application per design)  
 
  An application 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.  
 
Article 8 (Design for a set of articles)  
 
  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 applicati on for design registration may be filed as for one 
design, and the applicant may obtain a design registra tion, for designs for the articles that constitute 
the Set of Articles.  
 
Article 9 (Prior application)  
 (1) Where two or more applications for design regi stration have been filed for identical or similar 
designs on different dates, only the applicant who f iled 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 regi stration have been filed for identical or similar 
designs on the same date, only one applicant, who was selected by cons ultations between the 
applicants who filed the said applications, sha ll be entitled to obtain a design registration for the 
design. Where no agreement is reac hed by consultations or  consu ltations 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 h as been waived, withdrawn or dismissed, or where 
the examiner's decision or trial decision to the effect  that an application for design registration is to 
be refused has become final and binding, the a pplication for design registration shall, for the 
purpose of the preceding two paragraphs, be deemed never to have been filed; provided, however, 
that this shall not apply to the cas e where the examiner's decision or trial decision to the effect that 
the application for design registration is to be refused has become final and binding on the basis 
that the latter sentence of the preceding paragra ph is applicable to said application for design 
registration.  
(4) An application for design registration filed by a person who neither has created a design nor is the 
successor in title to the right to ob tain a design registration shall, for the purpose of application of 
paragraphs (1) and (2), be deemed never to be an appl ication for design registration.  
(5) The Commissioner of the Patent Office shall, in the case of paragraph (2), order the applicants to 
hold consultations as specified under paragraph (2) and to report the result thereof, designating an adequate time limit.  
(6) Where no report under the preceding paragraph is  submitted within the time limit designated under 
said paragraph, the Commissioner of the Patent  Office may deem that no agreement under 
paragraph (2) has been reached.  
  IP/N/1/JPN/D/4 
 Page 5 
 
 
Article 9-2 (Amendment of statement in the application or the drawing, etc., and change of gist)  
 
  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 appl y to Article 17-2(1) and Ar ticle 24(1).) or to the 
drawing, photograph model or specimen attached to the application has changed the gist thereof, the 
application for design registration shall be deemed to have been filed at the time of submission of the 
written amendment of proceedings therefor.  
 
Article 10 （Related designs ） 
 
(1) Notwithstanding Article 9(1) or (2), an applicant for design registration may obtain design 
registration of a design that is similar to another design selected from the applicant’s own designs 
either for which an application for design registra tion has been filed or for which design registration 
has been granted (hereinafter the selected design is referred to as the “Principal Design” and a 
design similar to it is referred to as a "Related D esign”), if the filing date of the application for 
design registration of the Related Design (or when  the application for design registration of the 
Related Design contains a priority claim under Arti cle 43(1), 43-2(1) or 43-2(2) of the Patent Act 
(Act No. 121 of 1959) as applied mutatis mutandis unde r Article 15 of this Act, the filing date of 
the earliest application, the filing date of an appli cation that is deemed to be the earliest application 
under Article 4.C(4) of the Paris Convention fo r the Protection of Industrial Property of 
March 20, 1883, as revised at Brussels on Decemb er 14, 1900, at Washington on June 2, 1911, at 
Hague on November 6, 1925, at London on June 2, 1934, at Lisbon on October 31, 1958, and at 
Stockholm on July 14, 1967, or the filing date of an  application that is recognized as the earliest 
application under Article 4.(A)2 of the Paris Conve ntion, 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 registration 
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 de sign that is similar only to a Related Design to be 
registered under paragraph (1).  
(4) Where applications for design registration are f iled for two or more Rela ted Designs pertaining to 
the Principal Design, Article 9(1) or (2 ) shall not apply to these Related Designs.  
 
Article 10-2 (Division of applications for design registration)  
 (1) An applicant for design registration may extr act one or more new applications for design 
registration out of a single application for design registration containing two or more designs only 
while examination, trial or retrial of 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, 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 where they are applied mutatis mutandis pursuant to Article 43-2(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 
documents which have been submitte d in relation to the original application for design registration 
and are required to be submitted in relation to the new application unde r Article 4(3) of this Act and 
Articles 43(1) and (2) of the Patent Act as applie d mutatis mutandis under Article 15 of this Act IP/N/1/JPN/D/4 
Page 6  
 
(including the cases where they are applied mutatis mutandis pursuant to Article 43-2(3) of the Patent Act as applied mutatis mutandis pursuant to Article 15(1) of this Act) shall be deemed to 
have been submitted to the Commissioner of the Pa tent Office along with the new application for 
design registration.  
 
Article 11 Deleted  
 
Article 12 Deleted  
 
Article 13 (Conversion of application)  
 
(1) An applicant of a patent may convert the pate nt application into an application for design 
registration; provided, however, that this shall not apply after the expiration of 30 days from the 
date the certified copy of the examiner's initial decisi on to the effect that the patent application is to 
be refused has been served (including the case wher e it is deemed that service of such a certified 
copy is made under the provision of the Act on Speci al Provisions to the Procedure, etc. Relating to 
an Industrial Property Right (Act No.30 of 1990)).  
(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 paragra ph (1) or (2), the original application shall be 
deemed to have been withdrawn.  
(5) Articles 10-2(2) and (3) shall apply mutatis mu tandis to the case of conversion of an application 
under paragraph (1) or (2).  
 
Article 13-2 (Special provisions on conversion of application concerning international 
applications under the Patent Cooperation Treaty)  
 
(1) An international application that has been deem ed to be a patent application under Article 184-
3(1) or 184-20(4) of the Patent Act may be convert ed to an application for design registration, only 
after the fees payable under Article 195(2) of sai d 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) h as been rendered), and, in the case of a Patent 
Application in Japanese Language under Article 184-6(2) of said Act, the procedures under 
Article 184-5(1) of said Act have b een completed, or, in the case of a Patent Application in Foreign 
Language under Article 184-4(1) of said Act, th e procedures under Articles 184-4(1) 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 Mode l Act (Act No. 123 of 1959) may 
be converted to an application for design re gistration, 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 re gistration under Article 48-16( 4) of said Act, after 
the ruling as provided in Article 48-16(4) has been  rendered), and, in the case of a Utility Model 
Application in Japanese under Article 48-5(4) of said Act, the procedures under Article 48-5(1) of 
said Act have been completed, or, in the case of a Utility Model Application in Foreign Language 
under 48-4(1) of said Act, the procedures under Articl es 48-4(1) and 48-5(1) of said Act have been 
completed.  
  IP/N/1/JPN/D/4 
 Page 7 
 
 
Article 14 (Secret design)  
 
(1) An applicant for design registra tion 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 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 th e 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 the sec recy is requested under paragraph (1).  
(4) The Commissioner of the Patent Office shall discl ose 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 ex amination, 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 h as submitted a document stating the name of the 
holder of the design right and the registrati on number and other docum ents required by an 
Ordinance of the Ministry of Economy, Trade and Industry.  
 
Article 15 (Application mutatis mutandis of provisions of the Patent Act)  
 
(1) Articles 38 (joint applications), 43(1) to (4 ) (procedures for a priority claim under the Paris 
Convention) and 43-2 (priority claims recognized under the Paris Convention) of the Patent Act 
shall apply mutatis mutandis to applications for d esign registration. In this case, the term “within 
one year and four months from the earliest of the following dates:” in Article 43(2) of said Act shall 
be deemed to be replaced with “within three mont hs from the date of filing of the application for 
design registration.”  
(2) Article 33 and Article 34(1), (2) and (4) to (7) of the Patent Act (right to obtain patent) shall apply 
mutatis mutandis to the right to obtain the design registration.  
(3) Article 35 (inventions by employees) of the Pate nt Act shall apply mutatis  mutandis to creation of 
a design by an employee, an officer of a juridical person, or a national or local government employee.  
 
Chapter III Examination  
 Article 16 (Examination by examiner)  
 
  The Commissioner of the Patent Office shall dire ct the examination of applications for design 
registration by an examiner.  
 
Article 17 (Examiner's decision of refusal)  
 
  The examiner shall render an examiner's decisi on to the effect that an application for design 
registration is to be refused where the applica tion for design registration falls under any of the 
following:  
(i) the design in the application for design registrati on 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;  IP/N/1/JPN/D/4 
Page 8  
 
(iii) the application for design registration does not comply with the requirements under Article 7; 
and 
(iv) where the applicant for design registration is not the creator of a design,  the applicant has not 
succeeded to the right to obtain a d esign registration for the said design.  
 
Article 17-2 (Dismissal of amendments)  
 
(1) Where an amendment made to any statement in the application, or to the drawing, photograph, 
model or specimen attached to the application h as changed the gist thereof, the examiner shall 
dismiss the amendment by a ruling.  
(2) The ruling dismissing an amendment under the preceding paragraph shall be made in writing and 
state the reasons therefor.  
(3) Where the ruling dismissing an amendment under the preceding paragraph (1) has been rendered, 
the examiner shall not render a decision on the application for design registration before the 
expiration of 30 days from the date on which a certified copy of the ruling has been served.  
(4) Where an applicant for design registration files a request for a trial against an examiner’s ruling 
dismissing an amendment under paragraph 1, examin ation of the application for design registration 
shall be  suspended until the trial decision becomes final and binding.  
 
Article 17-3 (New application for amended design)  
 
(1) Where an applicant for design registration files,  within 30 days from the date on which a certified 
copy of the ruling dismissing an amendment under paragraph 1 of the preceding Article has been served, a new application for design registration fo r the amended design, the new application shall 
be deemed to have been filed at the time when  the written amendment of proceedings for the said 
amendment was submitted.  
(2) Where a new application for design 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  paragraph 1 to the new application for design 
registration under paragraph 1.  
 
Article 17-4  
 
(1) The Commissioner of the Patent Office may, upon request or ex officio, extend the period 
provided for in paragraph (1) of the preceding Article  for a person in a remote area or an area with 
transportation difficulty.  
(2) The chief trial examiner 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.  
 
Article 18 (Examiner's decision to the effect that a design registration is to be granted)  
 
  Where no reasons for refusal are found for an appl ication for design registration, the examiner shall 
render a decision to the effect that a design registration is to be granted.  
 
Article 19 (Application mutatis mutandis of provisions of the Patent Act)  
 
  Articles 47(2) (qualifications of examiners), 48 (exclusion of examiners), 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.   IP/N/1/JPN/D/4 
 Page 9 
 
 
 
Chapter 4 Design Right  
 
Section 1 Design Rights  
 Article 20 (Registration of establishment of a design right)  
 
(1) A design right shall become effective upon registration of its establishment.  
(2) The establishment of a design right shall be regist ered where the registration fee for the first year 
under Article 42(1) has been paid.  
(3) Where the registration under the preceding paragr aph has been effected, the following matters 
shall be published in the design bulletin:  
(i) the name, and the domicile or residence of the holder(s) of the design right;  
(ii) the number and the filing date of the application for the design registration;  
(iii) the registration number and the date of registration of establishment;  
(iv) the contents of  the application and drawing , photograph , model or specimen attached to the 
application; and  
(v) other necessary matters.  
(4) With regard to the design for which secrecy is  requested under Article 14(1), notwithstanding the 
preceding paragraph, matters provided for in item (iv) of the preceding Article shall be published 
without delay after the lapse of the period designated under Article 14(1).  
 
Article 21 (Duration of design rights)  
 
(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.  
 
Article 22 (Transfer of the design right of a Related Design)  
 
(1) The design right of a Principal Design and that  of its Related Design may not be transferred 
independently of each other.  
(2) Where the design right of a Principal Design h as been extinguished under Article 44(4), a 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.  
 
Article 23 (Effect of design right)  
 
  A holder of a design right shall have the exclusiv e right to work the registered design and designs 
similar thereto as a business; provided, however, that  where an exclusive license regarding the design 
right is granted to a licensee, this shall not apply to  the extent that the excl usive licensee is licensed to 
exclusively work the registered design and designs similar thereto.  
 
Article 24 (Scope of registered design, etc.)  
 
(1) The scope of a registered design shall be determined based upon the design stated in the 
application and depicted in the drawing or repr esented 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.  IP/N/1/JPN/D/4 
Page 10  
 
 
Article 25  
 
(1) A request may be made to the Patent Office for its advisory opinion on the scope of a registered 
design and designs similar thereto.  
(2) Where a request under the preceding paragraph is  made, the Commissioner of the Patent Office 
shall designate three trial examiners to make  an advisory opinion on the requested matter.  
(3) Article 71(3) and (4) of the Patent Act shall apply mutatis mutandis to the advisory opinion under 
paragraph (1).  
 
Article 25-2  
 
(1) Where the Commissioner of the Patent Office is commissioned by the court for the provision of an 
expert opinion on the scope of a registered design and designs similar thereto, the Commissioner of 
the Patent Office shall appoint three trial examiner s and direct them to pr ovide an expert opinion on 
the requested matter.  
(2) Article 71-2(2) of the Patent Act shall a pply mutatis mutandis to the commissioning of the 
provision of an expert  opinion prescribed in the preceding paragraph.  
 
Article 26 (Relationship to registered designs, etc. held by others)  
 
(1) Where a registered design uses another person's re gistered 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 re gistered design, or where part of a design right 
pertaining to the registered design is in conflic t with another person's patent right, utility model 
right or trademark right obtained based on an appl ication filed prior to the date of filing of the 
application for the said registered design, or copyri ght which arose prior to the date of filing of the 
application for the said registered design, the holde r 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 a pplication was filed prior to the date of filing of 
the application for the said design, or a design si milar to another person’s registered design, or 
where part of a design right pertaining to designs si milar 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.  
 
Article 27 (Exclusive license)  
 
(1) A holder of a design right may grant an exclus ive license on the design right; provided, however, 
an exclusive license on a design right of a Principa l 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 permit ted by the contract granting the license.  
(3) Where the design right of a Principal Design h as been extinguished under Article 44(4), a 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, exclusive licenses on 
design rights of its Related Designs may be gr anted only where all the exclusive licenses on the 
design rights of the Related Designs are granted to the same person at the same time.   IP/N/1/JPN/D/4 
 Page 11 
 
 
(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.  
 
Article 28 (Non-exclusive license)  
 
(1) A holder of a design right may grant a non-exclusive license on the design right to any third party.  
(2) A non-exclusive licensee shall have  a 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 granting the license.  
(3) Articles 73(1) (Jointly owned patent rights), 97( 3) (Waiver) and 99 (Effect of registration) of the 
Patent Act shall apply mutatis mutandis to non-ex clusive licenses. In this case, “Article 79” in 
Article 99(2) of said Act shall be deemed to be replaced with “Article 29 or 29-2 of the Design 
Act.” 
 
Article 29 (Non-exclusive license based on prior use)  
   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 th e 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 th ereto in Japan at the time of the filing of the 
application for design registration (where the appli cation for design registration is deemed to have 
been filed at the time of submission of the writte n amendment of proceedings under Article 9-2 or 17-
3(1) (including the cases where it is applied muta tis mutandis pursuant to Article 50(1) (including the 
cases where it is applied mutatis mutandis pursuant to Article 57(1)), at the time of filing the original 
application or the written amendment of proceedin gs), shall have a non-exclusive license on the 
design right, only to the extent of the design and the purpose of such busin ess worked or prepared.  
 
Article 29-2 (Non-exclusive license based on prior application)  
 
  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 the desi gn 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 th ereto in Japan at the time of the filing of the 
application for design registration (excluding a pe rson falling under the pre ceding paragraph), shall 
have a non-exclusive license on the design right, only if both of the following conditions are satisfied 
and only to the extent of the design and the purpose of such business worked or prepared:.  
(i) the person filed an application for design regist ration of the design in 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 regard to the application for design regist ration filed by the person as prescribed in the 
preceding item, an examiner's decision or trial decisi on to the effect that the application is to be 
refused on the ground that the design in the application falls under any of items of Article 3(1) has become final and binding.  
 
Article 30 (Non-exclusive license due to the working of the design prior to the registration of the 
request for a trial for invalidation)
 
 
(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 a 
trial for invalidation of the design registration, w ithout knowledge that the design registration falls 
under any of the items of Article 48(1), shall have  a non-exclusive license regarding the invalidated IP/N/1/JPN/D/4 
Page 12  
 
design right or the exclusive license existing at the ti me of the invalidation, only to the extent of the 
design and the purpose of such business worked or prepared:  
(i) the original holder of a design right in the cas e 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 right  in th e 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 pers on that , at the time of the registration of the 
request for a trial for invalidation of design regi stration, has an exclusive license regarding the 
design right to be invalidated, or a non-exclusive license effective under Article 99(1) of the 
Patent Act as applied muta tis mutandis under Article 28(3)  regarding the design right or an 
exclusive license on the design right.  
(2) The holder of a design right or the exclusive licensee shall have a right to receive reasonable 
consideration from the non-exclusive licensee under the preceding paragraph.  
 
Article 31 (Non-exclusive license after expiration of duration of design right, etc.)  
 
(1) Where part of a design right that pertains to d esigns similar to the registered design with regard to 
an application for a design registration filed on or be fore the date of filing of a design application is 
in conflict with the design right with regard to th e 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 exclusive 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 mu tandis to the case where a patent right or utility 
model right with regard to an application for regi stration 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.  
 
Article 32  
 
(1) Where part of a design right that pertains to d esigns similar to the registered design with regard to 
an application for a design registration filed on or be fore the date of filing of a design application is 
in conflict with the design right with regard to th e design application, a person who, at the time of 
expiration of the duration of the design right, act ually owns the exclusive license on the expired 
design right, or a non-exclusive license having eff ect under Article 99(1) of the patent Act as 
applied under Article 28(3) of the design Act on th e design right or on the exclusive license shall, 
upon expiration of the duration of the design right, have a non-exclusive license on the design right 
or on the exclusive license actually existing at the time of expiration of the duration of the design 
right, limited to the extent of the original right.  
(2) The preceding paragraph shall apply mutatis mu tandis to the case where a patent right or utility 
model right with regard to an application for regi stration 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.  
 
Article 33 (Award granting non-exclusive license)  
 
(1) Where a registered design or a design similar thereto falls under any of the cases as provided in 
Article 26, the holder or exclusive licensee of th e design right may request the other person under 
the said Article to hold consultations to discu ss 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.   IP/N/1/JPN/D/4 
 Page 13 
 
 
(2) The other person under Article 26 who is re quested to hold consultations under the preceding 
paragraph may request the holder of design ri ght 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 Patent Office for an award.  
(4) Where no agreement is reached by consultations  or no consultations are able to be held as 
provided in paragraph (2) and where a request for an award is filed under the preceding paragraph, 
the other person under Article 26 may request the Commissioner of the Patent Office for an award 
only within the time limit for the submission of a written answer by the said other person designated by the Commissioner of the Patent Offi ce under Article 84 of the Patent Act as applied 
mutatis mutandis under paragraph (7) .  
(5) In the case of paragraph (3) or (4), the Co mmissioner 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 unreasonably prejudicia l to the interests of the other person under 
Article 26, the holder of design right or the exclusive licensee.  
(6) In the case of paragraph (4), in addition to the case provided for in the preceding paragraph, the 
Commissioner of the Patent Office shall not rende r 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, 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).  
 
Article 34 (Transfer, etc. of non-exclusive license)  
 
(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 Artic le 22(3) of the Utility Model Act, a non-exclusive 
license may be transferred only where the business i nvolving the working of the relevant design is 
also transferred, where the consent of the holder of  a design right (or, in the case of a non-exclusive 
license on the exclusive license, the holder of a desi gn right and the exclusive licensee) is obtained 
and  where the transfer occurs as a result of general succession including inheritance.  
(2) Except for a non-exclusive license granted by an award under paragraph (3) or (4) of the preceding 
Article, Article 92(3) of the Patent Act or Artic le 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 no n-exclusive license on the exclusive license, the 
holder of a design right and the exclusive licensee) is obtained.  
(3) Where a non-exclusive license is granted by an award under paragraph (3) of the preceding 
Article, Article 92(3) of the Patent Act or Artic le 22(3) of the Utility Model Act, the said non-
exclusive license shall be transferred together w ith the design right, patent right or utility model 
right of the non-exclusive licensee on which the non-exclusive license is granted and the business 
involving the working of the relevant design in th e case where each right is transferred together 
with the said business, and shall be extinguished  in the case where each right of the said non-
exclusive licensee is extinguished or tran sferred 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 grante d, and shall be extinguished in the case where 
the said design right, patent right or utility model right is extinguished.  
 IP/N/1/JPN/D/4 
Page 14  
 
Article 35 (Right of pledge)  
 
(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 ple dge established on a design right, exclusive license or 
non-exclusive license.  
(3) Article 98(1)(iii) and (2) (Effect of registration) of the Patent Act shall apply mutatis mutandis to a 
right of pledge established on a design right or exclusive license.  
(4) Article 99(3) (Effect of registration) of the Pa tent Act shall apply mutatis mutandis to a right of 
pledge established on a non-exclusive license.  
 
Article 36 (Application mutatis mutandis of provisions of the Patent Act)  
   Articles 69(1) and (2) (Limitations of patent ri ght), 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 (Right to seek injunction)  
 
(1) A holder of a design right or an exclusive licensee may demand of a person who infringes or is 
likely to infringe the design right  or exclusive license to stop or prevent such infringement.  
(2) In making a demand under the preceding paragraph, the holder of a design right or an exclusive 
licensee may demand measures necessary for the prevention of such infringement including the 
disposal of products constituting such act of infringement (including Computer Program, etc. 
(refers to Computer Program, etc. as provided in Ar ticle 2(4) of the Patent Act; the same shall apply 
for the following Article); the same shall apply he reinafter) 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.  
 
Article 38 (Acts Deemed to constitute infringement)  
 
  The following acts shall be deemed to constitute  infringement of a design right or an exclusive 
license: 
(i) acts of producing, assigning, etc. (assigning and leasing and, in the case where the product is a 
computer program, etc., including providing th rough an electric telecommunication line, the 
same shall apply hereinafter) or importing or o ffering for assignment, etc. (including displaying 
for the purpose of assignment, et c., 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 possessing an article to the registered design or a design similar thereto for the purpose 
of assigning, leasing or exporting it as a business.  
 
Article 39 (Presumption of Amount of Damage, etc.)  
 
(1) Where a holder of design right or an exclusiv e licensee claims against an infringer compensation 
for damages sustained as a result of the intentional or negligent infringement of the design right or  IP/N/1/JPN/D/4 
 Page 15 
 
 
exclusive license, and the infringer assigned articl es that composed the act of infringement, the 
amount of damages sustained by the holder of su ch 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 license e if there had been no such act of 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 licen see in light of the capability of the holder of  the 
design right or the exclusive licensee to work su ch articles; provided, however, that if any 
circumstances exist under which the holder of the design right or the exclusive licensee would have 
been unable 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 exclusiv e licensee claims against an infringer compensation 
for damages sustained as a result of the intentional or negligent infringement of the design right or 
exclusive license, and the infringer earned prof its from the act of infringement, the amount of 
profits earned by the infringer shall be presumed 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 li censee may claim against an infringer compensation 
for damages sustained as a result of the intentional or 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 worki ng of the registered design or design similar 
thereto as the amount of damages sustained.  
(4) The preceding paragraphs shall not prevent any relevant party from claiming compensation for 
damages in an amount exceeding the amount provid ed for therein. In such a case, where the 
infringer committed the infringement of the design ri ght or exclusive license without intent or gross 
negligence, the court may take these circumstances into consideration in determining the amount of damages. 
 
Article 40 (Presumption of negligence)  
 
  An infringer of a design right or an exclusive licen se of another person is pr esumed 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).  
 
Article 41 (Application mutatis mutandis of provisions of the Patent Act)  
 
  Articles 104-2 to 105-6 (Obligation to clarify the specific conditions, restrictions on the exercise of 
rights of patentee, etc., production of documents, et c., expert opinion for calculation of damages, 
determination of reasonable damages,  protective order, rescission of protective order and notice, etc. 
of a request inspection of record, etc.) and 106 (M easures to restore credibility) shall apply mutatis 
mutandis to infringement of a design right or an exclusive license.  
 
Section 3 Registration Fees  
 Article 42 (Registration fees)  
 
(1) A person obtaining the registration establishing a design right, or a holder of a design right, shall 
pay as registration fees the amounts specified in the following items, for each design registration 
and for each year to the expiration of the duration as provided in Article 21:  
(i) First to third year: annually 8,500 yen  
(ii) 
Fourth to tenth year: annually 16,900 yen  
(iii) Eleventh year to twentieth year: annually 33,800 yen  
(2) The preceding paragraph shall not apply to design rights belonging to the State.  IP/N/1/JPN/D/4 
Page 16  
 
(3) Notwithstanding the provisions of paragraph (1), wh ere a design right is jointly owned by the State 
and any other persons, and the portions of their respec tive shares of the said design right have been 
agreed upon, the registration fees payable under pa ragraph (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 persons other than the State, a nd the persons other than the State shall pay such 
amounts. 
(4) For the amount of registration fees calculated un der the preceding paragraph, fractional figures of 
less than ten yen shall be discarded.  
(5) The payment of registration fees under paragraph (1 ) shall be made by patent revenue stamps as 
provided by an Ordinance of the Ministry of Eco nomy, 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.  
 
Article 43 (Time limit for payment of registration fees)  
 (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 deci sion or the trial decision to the effect that the 
design is to be registered has been served.  
(2) The registration fees for each year from the se cond and subsequent years under Article 42(1) shall 
be paid by the end of the previous year.  
(3) The Commissioner of the Patent Office may, upon a request by a person by whom the registration 
fees are to be paid, extend the time limit under paragraph (1) by a period not exceeding 30 days.  
 
Article 44 (Late payment of registration fees)  
 
(1) Where a holder of a design 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 re gistration 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, that where so  provided by an Ordinance of the Ministry of Economy, Trade and 
Industry, a cash payment thereof shall be accepted.  
(4) Where a holder of a design right fails to pay, within the time limit for late payment of the 
registration fees under paragraph (1), the regist ration 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 provided in the Article 43(2).  
 
Article 44-2 (Restoration of design right by late payment of registration fees)  
 
(1) A person who was the holder of a design right wh ich became extinguished under Article 44(4), if a 
failure to pay the registration fees and the registra tion surcharge prescribed in Articles 44(4) within 
the time limit provided in Article 44(1) was for reaso ns not attributable to the person, may make a 
late payment of the registration fees and the surcharge within 14 days (in the case of an overseas 
resident, within two months) from the date on which the reasons ceased to exist, but not later than 
six months following the expiration of the said time limit.  
(2) Where the registration fees and the surcharge ar e paid under the preceding paragraph, the design 
right shall be deemed to have been maintained re troactively from the time of expiration of the time 
limit as provided in Article 43(2).  
  IP/N/1/JPN/D/4 
 Page 17 
 
 
Article 44-3 (Restriction on effect of restored design right)  
 
(1) Where a design right has been restored under pa ragraph (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 w ithin Japan after the lapse of the time limit 
during which the late payment of the registration fees is allowed under Article 44(1) but before the 
registration of the restoration of the design right.  
(2) A design right restored under paragraph 2 of th e preceding Article shall not be effective against 
the following acts 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 similar 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.  
 
Article 45 (Application mutatis mutandis of provisions of the Patent Act)  
   Article 110 (Payment of patent fees by interested  persons) and Article 111(1) (Excluding item (iii)) 
and (2) (Refund of patent fees)  of the Patent Act shall apply mutatis mutandis to registration fees.  
 
Chapter VI Trial  
 
Article 46 (Trial against examiner's decision of refusal)  
 
(1) A person who has received an examiner's decision to the effect that an application is to be refused 
and is dissatisfied may file a request for a tr ial against the examiner's decision of refusal 
within 30 days from the date 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 a 
trial against an examiner's decision of refusal w ithin the time limit as provided in the preceding 
paragraph, the said person may, notwithstanding the sai d paragraph, file the request within 14 days 
(where overseas resident, within two months) from the date on which the reasons ceased to be 
applicable, but not later than six months following the expiration of the said time limit.  
 
Article 47 (Trial against examiner's ruling dismissing an amendment)  
 
(1) A person who has received an examiner's decisi on to dismiss an amendment and is dissatisfied 
may file a request for a trial against the examiner 's ruling dismissing an amendment within 30 days 
from the date on which the certified copy of the examiner's decision has been served; provided, 
however, that this shall not apply where a new application for design registration under Article 17-
3(1) has been filed.  
(2) Paragraph (2) of the preceding Article shall appl y mutatis mutandis to a request for a trial against 
an examiner's ruling dismissing an amendment.  
 
Article 48 (Trial for invalidation of design registration)  
 
(1) Where a design registration falls under any of the following, a request for a trial for invalidation of 
design registration may be filed.  
(i) where the design registration has been granted in viol ation 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) IP/N/1/JPN/D/4 
Page 18  
 
of this Act, or Articles 25 of the Patent Act as applied mutatis mutandi s under Article 68(3) of 
this Act; 
(ii) where the design registration has been granted in violation of a treaty;  
(iii) where the design registration has been granted on  an application for design registration filed 
by a person who is not the creator of the design and has not succeeded to the right to obtain a 
design registration for the said design; and  
(iv) where, after the grant of a design registrati on, 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 re gistration has become in violation of a treaty.  
(2) Any person may file a request for a trial for inva lidation of design registration; provided, however, 
that where a request for a trial for invalidation of design registration is filed on the ground that the 
design registration falls under item (i) of the pr eceding 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 th e preceding paragraph, only an interested person 
may file a request for a trial for invalidation of design registration.  
(3) A request for a trial for invalidation of design re gistration may be filed even after the lapse of the 
design right.  
(4) Where a request for a trial for invalidation of design registration has been filed, the chief trial 
examiner shall notify the exclus ive licensee of the design right and other persons who have any 
registered rights relating to the design registration.  
 
Article 49 (Trial to invalidate a design registration)  
 
  Where a trial decision to the effect that a design re gistration 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 para graph (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.  
 
Article 50 (Application mutatis mutandis of provisions on examination)  
 
(1) Article 17-2 and Article 17-3 shall apply mutatis mutandis to a trial against an examiner's decision 
of refusal. In this case, the term “files a request for a trial 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 re quest for a trial against an examiner's decision 
of refusal is found to have reasonable grounds; prov ided, however, that this shall not apply where a 
trial decision is made to order a further examin ation 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 th e Patent Act shall apply mutatis mutandis where a 
reason for refusal which was not contained in an ex aminer’s decision is found in a trial against the 
examiner's decision of refusal.  
 
Article 51 (Special provisions for trial against examiner's ruling dismissing an amendment)  
 
  Where a trial decision is made to rescind an examin er’s ruling in a trial against the examiner’s ruling 
dismissing an amendment, the decision made in the trial decision shall be binding upon the examiner 
with respect to the case.  
 
Article 52 (Application mutatis mutandis of provisions of the Patent Act)  
 
  Articles 131(1) and (2), 131-2 (excluding item (i) of  paragraph 2) to 134, 135 to 154, 155(1) and (2), 
156 to 158, 160(1) and (2), 161, and 167 to 170 (request  for trial, trial examiner, procedures of trial,  IP/N/1/JPN/D/4 
 Page 19 
 
 
relation to litigation and costs of trial) of the Patent Act shall apply mutatis mutandis to a trial. In this 
case, the term “a trial against the examiner's decisi on of refusal” in Article 161 and the term “a trial 
against an examiner's decision of refusal and a tria l for correction” in Article 169(3) of the said Act 
shall be deemed to be replaced with “a trial agai nst an examiner's decision of refusal and a trial 
against an examiner's ruling dismissing an amendment.”  
 
Chapter VI Retrial and Litigation  
 
Article 53 (Request for retrial)  
 
(1) A party or an intervenor may file a request fo r a retrial against a final and binding trial decision.  
(2) Articles 338(1) , 338(2) and 339 (Grounds for retr ial) 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 inter est of a third party, the third party may file a 
request for a retrial against the final and binding trial decision.  
(2) A request for a retrial under the preceding paragr aph shall be filed against the demandant and the 
demandee in the trial as joint demandees.  
 
Article 55 (Restriction on effect of design right restored by retrial)  
 
(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 manuf actured or acquired in Japan without knowledge, 
after the trial decision became final and binding bu t before the registration of the request for a 
retrial. 
(2) Where a design right pertaining to an invalidated design 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 fo r assignment, etc., any product to be used 
exclusively for the manufacturing of an article to the registered design or a design similar 
thereto without 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 registration has been restored through a 
retrial or where the establishment of a design right  with respect to an application for design 
registration refused by a trial decision has been regi stered through a retrial, and where a person has, 
without knowledge, been using the design or a d esign similar thereto in Japan or has, without 
knowledge, been making preparations therefor, afte r the trial decision became final and binding but 
before the registration of the demand for a retrial,  such person shall have a non-exclusive license on 
the design right, to the extent of the design a nd the purpose of such business used or prepared.  
 
Article 57 (Application mutatis mutandis of provisions on trial)
 
 
(1) Article 50(1) and (3) shall apply mutatis mutandi s to a retrial against a final and binding trial 
decision in a trial against an examiner's decision of refusal.  IP/N/1/JPN/D/4 
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(2) Article 51 shall apply mutatis mutandis to a retr ial against a final and binding trial decision in a 
trial against an examiner's ruling dismissing an amendment.  
 
Article 58 (Application mutatis mutandis of provisions of the Patent Act)  
 
(1) Articles 173 and 174(4) 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 to 158, 160, 168, 169(3) to (6 ), and 170 of the Patent Act shall apply mutatis 
mutandis to a retrial against a final and binding tr ial decision in a trial against an examiner's 
decision of refusal. In this case, the term “a trial ag ainst an examiner's decision of refusal and a trial 
for correction” in Article 169(3) of the said Act sh all be deemed to be replaced with “a trial 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, 157, 168, 169(3) to (6), a nd 170 of the Patent Act shall apply mutatis mutandis 
to a retrial against a final and binding trial decisi on in a trial against an examiner's ruling dismissing 
an amendment. In this case, the term “a trial agains t 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 “a trial against an 
examiner's ruling dismissing an amendment.”  
(4) Article 174(2) of the Patent Act shall apply muta tis mutandis to retrial against a final and binding 
trial decision in a trial for invalidation of design registration  
 
Article 59 (Actions against trial decisions, etc.)  
 
(1) The Tokyo High Court shall have exclusive juri sdiction over any action against a trial decision, a 
ruling dismissing an amendment under Article  17-2(1) as applied mutatis mutandis under 
Article 50(1) (including its application under Ar ticle 57(1)), and a ruling to dismiss a written 
request for a trial or a retrial.  
(2) Articles 178(2) to (6) (Statute of limitations fo r filing an action, etc.), 179 to 180-2 (Appropriate 
party as defendant, Notice of institution of action and Opinion of the Commissioner of the Patent Office in litigation rescinding the trial decision), 181(1) and (5) (Rescission of the trial decision or ruling), and 182 (Delivery of original copy of judgment) of the Patent Act  shall apply mutatis 
mutandis to an action under the preceding paragraph.  
 
Article 60 (Action against amount of compensation)  
 
(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 awar d, institute an action demanding an increase or 
decrease of the said amount.  
(2) Articles 183(2) (Statute of limitations for filin g an action) and 184 (Standing as defendant) of the 
Patent Act shall apply mutatis mutandis to  an action under the preceding paragraph.  
 
Article 60-2 (Relationship between (administrative) objection and litigation)  
 
  Article 184-2 (Relationship between  (administrative) objection and litig ation) of the Patent Act shall 
apply mutatis mutandis to an action demanding the r escission of dispositions imposed by this Act or 
an order thereunder (excluding dispositions under Article 68(7)).  
  IP/N/1/JPN/D/4 
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Chapter VII Miscellaneous Provisions  
 
Article 60-3 (Amendment of proceedings )  
   A person undertaking a procedure with regard to an  application for design registration, a request or 
any other procedures relating to design registrati on, may make amendments only while the case is 
pending in examinati on, trial or retrial.  
 
Article 61 (Registration in the design registry)  
 
(1) The following matters shall be registered in th e design registry maintained in the Patent Office:  
(i) the establishment, transfer, lapse, restoration or restriction on disposition, of a design right;  
(ii) the establishment, maintenance, transfer, modificat ion, lapse or restriction on disposal, of an 
exclusive or non-exclusive license; and  
(iii) the establishment, transfer, modification, lapse or restriction on disposal, of a right of pledge 
on a design right or exclusive or non-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 ma y record and reliably store certain matters, the 
same shall apply hereinafter.)  
(3) In addition to those prescribed in this Act, matte rs relating to registration shall be prescribed by 
Cabinet Order.  
 
Article 62 (Issuance of certificate of design registration)  
 
(1) The Commissioner of the Patent Office shall i ssue the certificate of design registration to the 
holder of the design right when the establishm ent of a design right has been registered  
(2) Re-issuance of the certificate of design regist ration shall be prescribed by Ordinance of the 
Ministry of Economy, Trade and Industry.  
 
 
Article 63 (Request for certificate, etc)  
 
(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, m odel or specimen, or to issue documents which 
contain  matters recorded on the magnetic tapes that constitute the part of the Design Registry; 
provided, however, that if the Commissioner of th e Patent Office considers it necessary to keep 
such documents, model or specimen confidential, this provision shall not apply to the following 
documents, model or specimen:  
(i) an application or drawing, photograph, model or specimen attached to an application, or any 
document pertaining to the examination of an a pplication for design registration for which the 
design has not been registered;  
(ii) Documents, model or specimen related to a design for which the secrecy is requested under 
Article 14(1);  
(iii) Documents concerning a trial against an examiner 's decision of refusal or a trial 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 a trial for invalidation of d esign registration or a retrial of the final and 
binding trial decision in such trial, with respect  to which a party in th e case or intervenor has 
given notice that a trade secret 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 reputation or peaceful life; and  IP/N/1/JPN/D/4 
Page 22  
 
(vi) Documents which are liable to cause damage to public order or morality.  
(2) Where the Commissioner of the Patent Office a pproves of the request under the main clause of the 
preceding paragraph with regard to the documen ts, model 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 sp ecimen thereof and reasons therefor.  
(3) Provisions of the Act on Access to Informati on 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 4 of the Act on Pr otection of Personal Information Possessed by 
Administrative Organs (Act No. 58 of 2003) sha ll 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 registrations and the part of the Design Registry stored on magnetic tapes.  
 
Article 64 (Mark of Design Registration)  
 
  A holder of a design right, exclusive licensee or  non-exclusive licensee shall make efforts to place a 
mark (hereinafter referred to as a "mark 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 th e design for the article has been registered.  
 
Article 65 (Prohibition of false marking)  
 
  It shall be prohibited for a person to do the following acts:  
(i) putting a mark of design registration or a mark c onfusing therewith on an article which is not the 
article to the registered design and is not the 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 artic le to a design similar 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 e ffect 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.  
 
Article 66 (Design Bulletin)  
 
(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 extinguishment upon expiration of the duration 
and under Article 44(4)) or the restoration thereo f (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 retrial decisions (limited to cases where the establishment of a design right has been registered);  
(iii) requests for an award, the withdrawal ther eof or a Commissioner's decision;   and  
(iv) final and binding judgments in an action u nder Article 59(1) (limited to cases where the 
establishment of a design right has been registered)  
(3) In addition to the matters provided for in the pr eceding paragraph, with regard to an application 
for design registration for which an examiner's deci sion or trial decision to 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 applications, with regard to all of those applications, the matters  IP/N/1/JPN/D/4 
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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 was requested for two or more applications, the period which is the longest am ong the periods of secrecy requested for such 
applications) from the date such examiner's deci sion or trial decision became final and binding.  
(i) the name, and domicile or residence of  the applicant for design registration;  
(ii) the number and the filing date of the application for design registration;  
(iii) the application and drawing(s), photograph(s), model(s) or specimen(s) attached to the 
application; and  
(iv) other necessary matters.  
 
Article 67 (Fees)  
 
(1) Fees shall be paid by the following persons in an  amount to be provided by Cabinet Order in view 
of the actual costs:  
(i) persons requesting disclosure of a design under Article 14(4);  
(ii) persons notifying of succession under Article 34(4)  of the Patent act as applied mutatis 
mutandis under Article 15(2)  
(iii) persons filing a request for an extension of period  under Article 4 or 5(1) of the Patent Act as 
applied mutatis mutandis under Article 17-4, 43(3 ) or 68(1), or a change of the date under 
Article 5(2) of the Patent Act as app lied mutatis mutandis under Article 68(1);  
(iv) persons filing a request for the re-issuance  of the certificate of design registration;  
(v) persons filing a request for the issuan ce of a certificate under Article 63(1);  
(vi) persons filing a request for the issuance of a certified copy of documents or an extract of 
documents under Article 63(1):  
(vii) persons filing a request to allow the inspecti on or copying of documents, model or specimen 
under Article 63(1); and  
(viii) persons filing a request for the issuance of  doc uments 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 th e 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 wh ere the person to pay the fee in accordance with 
these paragraphs is the State.  
(4) Where the State has joint ownership of a design right or a right to obtain a design registration with 
a person other than the State, and the portion of  their respective shares of said right has been 
agreed, notwithstanding the provisions of paragraph (1) or (2), the fees payable thereunder (limited 
to those provided by Cabinet Orde r) shall be determined as the sum of the provided fees multiplied 
by the ratios of the shares of each person other than the State, and, the person(s) other than the State 
shall pay such amounts.  
(5) Where the amount of the fees calculated under th e preceding paragraphs has a fractional figure of 
less than ten yen, said portion shall be discarded.  
(6) The payment of the fees under paragraphs (1) and (2) shall be made by pa tent revenue stamps as 
provided by an Ordinance of the Ministry of Eco nomy, 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 re funded upon the request of the person who made payment 
thereof. 
(8) No request for a refund of the fees under the pr eceding paragraph may be filed after one year from 
the date on which the payment thereof has been made.  
 IP/N/1/JPN/D/4 
Page 24  
 
Article 68 (Application mutatis mutandis of provisions of the Patent Act)  
 
(1) The provisions of Articles 3 to 5 (Time periods a nd dates) of the Patent Act shall apply mutatis 
mutandis to time periods and time limits provided in this Act.  In this case, the term "Article 121(1)" of Article 4 of the Patent Act sha ll be deemed to be replaced with "Article 46(1) 
or 47(1) of the Design Act."  
(2) Article 6 to 9, 11 to 16, 17(3) and 17(4), 18 to 24 and 194 (Procedures) of the Patent Act shall 
apply mutatis mutandis to an application for design registration, a request, or any other procedures 
relating to design registration.  In this case, the term "hearing against an examiner's decision of 
refusal" in Article 9 of the Patent Act shall be deemed to be replaced with "request for a trial 
against an examiner's decision of refusal and trial against examiner's ruling dismissing an 
amendment." and the term "hearing against an exam iner's decision of refusal" in Article 14 of the 
Patent Act shall be deemed to be replaced with "re quest for a trial against an examiner's decision of 
refusal and trial against examiner's ruling dismissing 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 shall 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 dis positions imposed by this Act or 
an order thereunder.  
(7) Article 195-4 (Restriction on appeals under Admini strative Appeal Act) of the Patent Act shall 
apply mutatis mutandis to a ruling to dismiss an  amendment, an examiner's decision, a trial 
decision, or a ruling to dismiss a written request for a trial or retrial, or dispositions against which 
no appeal lies in accordance with this Act.  
 
Chapter VIII Penal Provisions  
 
Article 69 (Crime of infringement)  
   An infringer of a design right or exclusive li cense (excluding one who has committed any acts which 
are deemed to constitute infringement of a design ri ght or an exclusive licen se under Article 38) shall 
be punished by imprisonment with work for a term not exceeding 10 years or a fine not exceeding 10,000,000 yen or combination thereof.  
 
Article 69-2  
 
  A person who has committed any acts which are be deemed to constitute infringement of a design 
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 exceedi ng 5,000,000 yen or combination thereof.  
 
Article 70 (Crime of fraud)  
 
  Any person who has obtained a design registrati on or a 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.  
 
Article 71 (Crime of false marking)  
 
  A person who fails to comply with Article 65 sh all be punished by imprisonment with work for a 
term not exceeding one year or a fine not exceeding 1,000,000 yen.  
  IP/N/1/JPN/D/4 
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Article 72 (Crime of perjury, etc.)  
 
(1) A witness, an expert witness or an interpre ter who has sworn under this Act and made a false 
statement or given a false expert opinion or in terpretation to the Patent Office or the court 
commissioned thereby shall be punished by impr isonment 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 copy of the  advisory opinion on the case has been served or an 
examiner’s decision or a trial decision has become final and binding, the punishment may be reduced or exculpated.  
 
Article 73 (Crime of divulging secrets)  
 
  A present or former official of the 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 sai d design shall be punished by imprisonment with 
work for a term not exceeding one year or a fine not exceeding 500,000 yen.  
 
Article 73-2 (Crime of breach of protective order)  
 (1) A person who fails to comply with an order given under Article 105-4(1) of the Patent Act as 
applied mutatis mutandis under Article 41 shall be p unished 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 pre ceding paragraph may not be initiated unless a 
complaint is filed.  
(3) The crime under paragraph (1) shall apply to  a person who commits the crime outside Japan.  
 
Article 74 (Dual liability)  
 
(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 cour se of performing his/her duties for the juridical 
person or individual, any act in violation prescr ibed 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 provi ded in the Article prescribed in the corresponding 
item: 
(i) Article 69, 69-2 or 73-2(1), a fi ne 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 peri od of prescription shall be governed by the same 
rules as for crimes in the provisions thereof.  
 
Article 75 (Civil fine)  
 
  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 Ac t as applied mutatis mutandis under Article 71(3) 
of the Patent Act as applied mutatis mutandis under Ar ticle 25(3) of this Act, Article 52, 58(2) or (3) 
of this Act, or Article 174(2) of the Patent Act as applied mutatis mutandis under  Article 58(4) of this 
Act has made a false statement before the Patent  Office or a court commissioned thereby, the said 
person shall be punished by a civil fine not exceeding 100,000 yen.  
 IP/N/1/JPN/D/4 
Page 26  
 
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 re fuses to swear, make a statement, testify, give an 
expert opinion or interpret without a justifiable r eason shall be punished by a civil fine not exceeding 
100,000 yen.  
 
Article 77  
 
  A person who has been ordered by the Patent O ffice or a court commissioned thereby to submit or 
present documents or other materials for the purpose of examination or preservation of evidence in 
accordance with this Act and fails to comply with  the order without a justifiable reason shall be 
punished by a civil fine not exceeding 100,000 yen.  
 
Appended Table (In relation to Article 67)  
 The person (s) who shall pay fees  Amounts 
1 A person filing an applica tion 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 25(1)  40,000 yen per case  
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 a trial or retrial  55,000 yen per case  
7 A person applying for intervention in a trial or retrial  55,000 yen per case  
 
__________