On March 1 2019, the Japanese government announced that it submitted a bill to the Diet to amend the laws of patent, utility model, design and trademark. The major part of the amendment lies in the patent law and the design law. And we reported most of them in the previous articles. But we would like to pull them together here to show the outline of the amendment of Japanese patent law and design law for your reference.
- Introduction of inspection procedure. Courts will be able to issue the inspection order, in response to the patent holder’s motion, by which neutral experts inspect the facility of the alleged infringer to gather evidences.
- Improvement of damage calculation. Presumed damages will be possibly calculated higher, as follows.
- Patent holder will be able to receive separately the equivalent to license fee for the deducted amount from the damages because it exceeds the production capacity of the patent holder.
- For the equivalent to license fee, courts will be able to consider the amount of license fee in case of existence of the infringement.
Note: For the damage calculation, the same amendment will be made for the utility model law, the design law and the trademark law.
- Expand the scope of protection of design. It will be able to protect images which are not recorded or displayed on an article, and also protect appearance and interior designs of buildings such as a store.
- Enhance the Related Design system, which is for the protection of similar designs, to improve protection of a series of designs, as below.
- Extend the term for filing applications for related designs. The