3. Change in the duration of design rights
The term is extended from “20 years from the date of registration” to “25 years from the filing date” (Art. 21 of Design Act).
4. Clarification of the level of creativity
Shapes, patterns, etc., or images published or made available through the internet will be considered in the determination of the creativity of a design (Art. 3 of Design Act).
5. Introduction of a partial design for a set of articles
Registration of a partial design for a set of articles such as the handle of a knife, fork and spoon in a cutlery set will be allowed (Art. 2 and 8 of Design Act).
6. Expansion of indirect infringement acts
By defining subjective factors such as “the knowledge that an object can be used for the working of a registered design”, actions such as the manufacture and import of disassembled individual parts which may constitute infringing products can be controlled as an “indirect infringement” (Art. 38 of Design Act).
Please also take a look at the pamphlet issued by the JPO regarding the revision of the Design Act:
We will keep you updated regarding the above mentioned revisions. If you have any questions, please do not hesitate to contact us.