WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/l IJPN/DI 1 
15 April 1996 
(96-1304) 
Original: Englishl 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
The present document reproduces the text of the Design Lawl, as notified by Japan under 
Article 63.2 of the Agreement (see document IP/N/lIJPNIl). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
Le present document contient le texte de la Loi sur les dessins et modeles l, notifiee par le J apon 
au titre de l'article 63:2 de l' Accord (voir le document IP/N/lIJPN/I). 
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 pARRAFO 2 DEL 
ARTICULO 63 DEL ACUERDO 
En el presente documento se reproduce el texto de la Ley de Disenol, notificada por el J apon 
en virtud de 10 dispuesto en el parrafo 2 del articulo 63 del Acuerdo (vease el documento IP/N/1/JPN/l). 
1 English only / anglais seulementiingles solamente. IP/N/lIJPN/D/l 
Page 2 
Chapter I 
Chapter IT 
Chapter ITl 
Chapter IV 
Part 1 
Part 2 
Part 3 
Chapter V 
Chapter Vl 
Chapter VII 
Chapter vrn DESIGN LAW 
(Law No. 125 of April 13, 1959, as amended)'" 
-CONTENTS-
General Provisions (Sections 1 and 2) . . . . . . . . . . . . . . . . . .. 123 
Design Registration and Applications 
Therefor (Sections 3 to 15). . . . . . . . . . . . . . . . . . . . . . . . .. 124 
The Examination (Sections 16 to 19). . . . . . . . . . . . . . . . . . .. 130 
The Design Right 
The Design Right (Sections 20 to 36) . . . . . . . . . . . . . . . .. 132 
Infringement (Sections 37 to 41) . . . . . . . . . . . . . . . . . . . .. 137 
Annual Fees (Sections 42 to 45) ..................... 138 
Trial (Sections 46 to 52) ............................. " 140 
Retrial and Litigation (Sections 53 to 6Obis) . . . . . . . . . . . . .. 142 
Miscellaneous Provisions (Sections 60ter to 68) . . . . . . . . . .. 144 
Penal Provisions (Sections 69 to 77) . . . . . . . . . . . . . . . . . . .. 147 
Supplementary Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 148 
Attached Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 151 
* By Law No. 140 of 1962, Law No. 161 of 1962, Law No. 148 of 1964, Law No. 
91 of 1970, Law No. 96 of 1971, Law No. 46 of 1975, Law No. 27 of 1978, Law No. 
30 of 1978, Law No. 45 of 1981, Law No. 23 of 1984, Law No. 24 of 1984, Law No. 
41 of 1985, Law No. 27 of 1987, Law No. 30 of 1990, Law No. 26 of 1993, Law No. 
89 of 1993 and Law No. 116 of 1994. (Purpose) DESIGN LAW IP/N/lIJPN/D/l 
Page 3 
Chapter I -General Provisions 
1. -The purpose of this Law shall be to encourage the creation of designs by promoting 
their protection and utilization so as to contribute to the development of inqustry. 
(Definitions) 
2. -(1) "Design" in this Law means the shapet pattern or color or any combination thereof 
in an article which produces an aesthetic impression on the sense of sight. 
(2) "Registered design" in this Law means a design for which a design registration has been 
effected. 
(3) "Working" of a design in this Law means any act. of manufacturing, using, assigning, 
leasingt importing or offering for assignment or lease (including displaying for the purpose of 
assignment or lease -hereinafter the same) of, the articles to which the design has been applied. IP/NII/JPN/DI 1 
Page 4 
-DESIGN LAW -
Chapter n -Design Registration and Applications Therefor 
(Registrability of designs) 
3. -(1) Any person who has created a design capable of being used in industrial manufac­
ture may obtain a design registration therefor, except in the case of the following designs: 
(i) designs which were publicly known in Japan or elsewhere prior to the filing of the de­
sign application; 
(n) designs which were described in a publication distributed in Japan or elsewhere prior 
to the filing of the design application; 
(Ui) designs which are similar to those referred to in the two preceding paragraphs. 
(2) Where a design could easily have been created, prior to the filing of the design applica­
tion, by a person with ordinary skill in the art to which the design pertains, on the basis of a 
shape, pattern or color or any combination thereof widely known in Japan (other than a design 
referred to in any of the paragraphs of the preceding subsection), a design registration shall not 
be effected for such a design, notwithstanding the preceding subsection. 
(Exceptions to lack of novelty of design) 
4. -(1) In the case of a design which has fallen under paragraph (i) or (ii) of Section 3 (1) 
against the will of the person having the right to obtain a design registration, such a design shall 
be deemed not to have fallen under said paragraph (i) or (n), provided that such person has filed 
a design application for the design within six months from the date on which the design first 
fell under those paragraphs. 
(2) In the case of a design which has fallen under paragraph (i) or (ii) of Section 3(1) due 
to an act on the part of the person having the right to obtain a design registration, the preceding 
subsection shall also apply, provided that such person has filed a design application for the de­
sign within six months from the date on which the design first fell under those paragraphs. 
(3) Any person who desires the application of the preceding subsection with respect to a 
design in a design application shall submit a written statement to that effect to the Director­
General of the Patent Office simultaneously with the design application. Within 14 days of the 
filing of the design application, he shall also submit to the Director-General of the Patent Office 
a doct.:rncnt proving that the design in the design application is a design falling under said sub­
section. 
(U nrcgistra ble designs) 
5. - A design registration shall not be effected for the following designs, notwithstanding 
Section 3: 
(i) designs liable to contravene public order or morality; 
(ii) designs liable to give rise to confusion with respect to articles connected with any other 
person's business. 
(Applications for design registration) 
6. -(1) Any person desiring a design registration shall submit a request to the President 
of the Patent Office, together with a drawing of the design for which registration is sought, stat--DESIGN LAW -
ing the following: IP/NIlIJPN/DI 1 
Page 5 
(i) the name and the domicile or residence of the applicant for a design registration and, 
in the case of a legal entity, the name of an officer representing it; 
(ii) the date of submission; 
(ill) the name and the domicile or residence of the creator of the design; 
(iv) the article or articles to which the design is applied. 
(2) Whenever an ordinance of the Ministry of International Trade and Industry so prescribes, 
a photograph, model or sample of the design for which registration is sought may be submittted 
instead of the drawing referred to in the preceding subsection. In such a case, the fact that a 
photograph, model or sample has been submitted shall be noted in the request. 
(3) Where a person desires a design registration for a design that is similar to one which 
has been registered in his name or registration of which he has applied for, the number of the 
relevant design registration or application shall be stated in the request. 
(4) Where the statement referred to in subsection 1 (iv) concerning the article or articles to 
which the design is applied, or of which the drawing, photograph or model is attached to the 
request, is not such as to enable a person with ordinary skill in the art to which the design per­
tains to visualize the material or dimensions of the article or articles to which the design is ap­
plied, so that such a person is unable to recognize the design, the material or dimensions referred 
to shall be stated in the request. 
(5) Where the shape, pattern or calor of an article to which the design is applied varies ac­
cording to the function that the article possesses and where registration is sought for the shape, 
pattern or color or a combination thereof as it appears before, during and after the variation 
referred to, the request shall contain a statement to that effect as well as an explanation c.oncern­
ing said function of the article. 
(6) When the coIors of the design are applied on the drawing, photograph or model submit­
ted under subsection (1) or (2), any parts that are white or black need not be colored. 
(7) Where parts are not colored, in accordance with the preceding subsection, the request 
shall contain a statement to that effect. 
(8) In the case of the drawing of a design submitted under subsection (1) or the photograph 
or model submitted under subsection (2), where the whole or part of the article to which the 
design has been applied is transparent, the request shall contain a statement to that effect. 
(U nity of design) 
7. -An application for design registration shall relate to a single design corresponding 
to an article in the classes of articles prescribed by an ordinance of the Ministry of International 
Trade and Industry. 
(Design of a set of articles) 
8. -(1) In the case of a design of articles of two or more kinds that are customarily sold 
or used together as a set of articles, forming the articles prescribed by an ordinance of the Minis­
try of International Trade and Industry (hereinafter referred to as a "set of articles"), an appli­
cation for design registration may be made as for one design, provided that the set of articles IP/N/lIJPN/D/l 
Page 6 
is a coordinated whole. -DESIGN LAW -
(2) In the case of the preceding subsection, design registration may be effected only where 
each of the designs of the articles f onning the set of articles is eligible for registration under 
Sections 3, 5 and 9(1) and (2). 
(First-to-file rule) 
9. -(1) Where two or more design applications relating to the same or a similar design 
are filed on different dates, only the first applicant may obtain a design registration for the design. 
(2) Where two or more design applications relating to the same or a similar design are filed 
on the same date, only one such applicant, agreed upon after mutual consultation among all 
the applicants, may obtain a design registration for the design. If no agreement is reached or 
no consultation is possible, none of the applicants shall obtain a design registration for the design. 
(3) Where a design application is withdrawn or invalidated, such application shall, for the 
purposes of the two preceding subsections, be deemed never to have been made. 
(4) A design application filed by a person who is neither the creator of the design nor the 
successor in title to the right to obtain a design registration shall, for the purposes of subsections 
(l) and (2), be deemed not to be a design application. 
(5) The Director-General of the Patent Office shall, in the case of subsection (2), order the 
applicants to hold consultations for an agreement under that subsection and to report the result 
thereof, within an adequate time limit. 
(6) Where the report under the preceding subsection is not made within the time limit desig­
nated in accordance with that subsection, the Director-General of the Patent Office may deem 
that no agreement under subsection (2) has been reached. 
(Amendment of statement in a request or of drawings, etc., and change of gist) 
9bis• -Where, after registration of the establishment of the design right, it is found that 
an amendment of the statement in the request (excluding matters listed in Section 6 (1 )(i) to (ill) 
and matters described under Section 6 (2) and (3) -referred to in Sections 17bis (1) and 24 as 
"the statement in the request") or of drawings, photographs, models or samples attached to the 
request has changed the gist thereof, the design application shall be deemed to have been filed 
at the time when the amendment in writing was submitted. 
(Similar designs) 
10. -(l) The owner of a design right may obtain registration of a design which is similar 
only to his registered design (hereinafter referred to as a "similar design "). 
(2) The preceding subsection shall not apply in the case of a design that is similar only to 
a similar design registered under that subsection. 
(Division of design applications) 
10bis. -(1) An applicant for a design registration may divide a design application com­
prising two or more designs into one or more new design applications. 
(2) A design application may not be divided under the preceding subsection after the ex--DESIGN LAW -IP/NIlIJPN/DI 1 
Page 7 
aminer's decision or the trial decision with respect to the application has become final and con­
clusive. 
(3) Where a design application has been divided under subsection (1), the new design appli­
cation shall be deemed to have been filed at the time of filing of the original application. However, 
this provision shall not apply for the purposes of Section 4(3) of this Law and Section 43 (1) 
and (2) of the Patent Law (Law No. 12.1 of 1959) as applied under Section 15(1) of this La.w 
(including its application under Section 4Jbis (3) of the Patent Law as applied under Section 15 (1) 
of this Law). 
11. -(1) An applicant for a design registration may divide a design application under Sec­
tion 8 (1) so as to make applications for each of the designs of articles forming a set of articles. 
(2) Where a design application has been divided under the preceding subsection, the appli­
cation under Section 8 (1) shall be deemed to have been withdrawn. 
(3) Section 1 Ob is (2) and (3) shall apply mutatis mutandis to the division of a design appli­
cation under subsection (1). 
(Conversion of applications) 
12. -(1) An applicant may convert his application for registration of a similar design into 
an application for registration of an independent design (meaning a design application other than 
an application for registration of a similar design -hereinafter referred to as an "application 
for registration of an independent design"). 
(2) An applicant may convert his application for registration of an independent design into 
an application for registration of a similar design. 
(3) A design application may not be converted under the two preceding subsections after 
the examiner's decision or the trial decision with respect to the application has become final and 
conclusive. 
(4) Sections 10bis(3) and 11 (2) shall apply mutatis mutandis to the conversion of a design 
application under subsection (1) or (2). 
13. -(l) An applicant for a patent may convert his application into a design application. 
However, this provision shall not apply after 30 days from the transmittal of the examiner's 
first decision [including the transmittal thereof deemed to have been made under the provisions 
of the Law on Special Provisions for Procedures, etc. relating to Industrial Property (Law No. 
30 of 1990)] that the patent application is to be refused. 
(2) An applicant for a utility model registration may convert his application into a design 
application. 
(3) The period prescribed in the proviso to subsection (1) shall, when the time limit prescribed 
in Section 121 (1) of the Patent Law has been extended in accordance with Section 4 of that Law, 
be deemed to have been extended only for that period as extended. 
(4) Sections 1 Obis (3) and 11 (2) shall apply mutatis mutandis to the conversion of an appli­
cation under subsection (1) or (2). IP/N/I/JPN/D/l 
Page 8 -DESIGN LAW -
(Special provisions concerning conversion of applications under the Patent 
Cooperation Treaty) 
13bis• -(1) Conversion of an international application having been deemed a patent ap­
plication under Section 184ter(l) or 184vicies(4) of the Patent Law into a design application may 
not be made until, in respect of a Japanese language patent application referred to in Section 
184sexies (2) of the Patent Law, after the proceeding under Section 184quinquies (1) of the Patent 
Law has been taken, and in respect of a foreign language patent application referred to in Sec­
tion lS4quater(l) of the Patent Law, after the proceedings under said subsection and Section 
184quinquies(l) of the Patent Law have been taken and, further, after the fee to be paid under 
Section 195(2) of the Patent Law has been paid (or -in respect of an international application 
having been deemed a patent application under Section 184vicies (4) of the Patent Law -after 
the decision referred to in said subsection has been made). 
(2) Conversion of an international application having been deemed a utility model applica­
tion under Section 48ter(1) or 48sedecies(4) of the Utility Model Law (Law No. 123 of 1959) into 
a design application may not be made until, in respect of a Japanese language utility model ap­
plication referred to in Section 48quinquies (4) of the Utility Model Law, after the proceeding under 
Section 48quinquies(l) of the Utility Model Law has been taken, and in respect of a foreign lan­
guage utility model application referred to in Section 48quater (1) of the Utility Model Law, after 
the proceedings under said subsection and Section 48quinquies(l) of the Utility Model Law have 
been taken and, further, after the fee to be paid under Section 54(2) of the Utility Model Law 
has been paid (or -in respect of an international application having been deemed a utility model 
application under Section 48sedecies(4) of the Utility Model Law -after the decision referred 
to in said subsection has been made). 
(Secret designs) 
14. -(1) An applicant for a design registration may demand that the design be kept secret 
for a period which shall be designated in the demand and shall not exceed three years from the 
date on which the establishment of the design right was registered. 
(2) A person who desires to make that demand under the preceding subsection shall, at the 
time of filing the design application, submit to the Director-General of the Patent Office a docu­
ment stating the following: 
(i) the name and the domicile or residence of the applicant for a design registration; 
(ii) the period for which secrecy is demanded. 
(3) An applicant for a design registration or the owner of a design right may extend or reduce 
the period for which secrecy is demanded under subsection (1). 
(4) In any of the following cases, the Director-General of the Patent Office shall allow per­
sons other than the owner of the design right to have access to a design for which secrecy has 
been demanded under subsection (1): 
(i) when the consent of the owner of the design right has been obtained; 
(ii) when so requested by a party or an intervenor in the examination, trial, retrial or litiga­
tion relating to the design or any identical or similar design; 
(Ui) when so requested by a court; 
(iv) when so requested by an interested person submitting to the Director-General of the -DESIGN LAW -IP/N/1/JPN/D/l 
Page 9 
Patent Office a document stating the name of the owner of the design right and the registration 
number and other documents prescribed by an ordinance of the Ministry of International Trade 
and Industry. 
(Application mutatis mutandis of Patent Law) 
15. -(1) Section 38 Uoint applications), Section 43 (priority claim under the Paris Con­
vention) and Section 43bis (such a priority claim as one under the Paris Convention) of the Patent 
Law shall apply mutatis mutandis to design applications. In such a case, "within one year and 
four months from the earliest date among the dates given in each of the following paragraphs" 
in Section 43 (2) of the Patent Law shall read "within three months from the filing date of the 
design application". 
(2) Sections 33 and 34(1) and (2) and (4) to (7) (right to obtain patent) of the Patent Law 
shall apply mutatis mutandis to the right to obtain a design registration. 
(3) Section 35 (employees' inventions) of the Patent Law shall apply mutatis mutandis to 
the creation of a design by an employee, an executive officer of a legal entity or a national or 
local public official. IP/N/1/JPN/D/1 
Page 10 
-DESIGN LAW -
Chapter ID -The Examination 
(Examination by examiner) 
16. -The Director-General of the Patent Office shall have applications for design regis­
tration examined by an examiner. 
(Examiner's decision of refusal) 
17. -The examiner shall make a decision that a design application is to be refused where 
it falls under any of the following paragraphs: 
(i) the design in the design application is not registrable in accordance with Section 3, 5, 
8(2),9(1) or (2) or 10(1) of this Law, Section 38 of the Patent Law -as applied under Sectin 
15 (1) of this Law -or Section 25 of the Patent Law as applied under section 68 (3) of this Law; 
(ii) the design in the design application is not registerable in accordance with the provisions 
of a treaty; 
(ill) the design application does not comply with the requirements of Section 7; 
(iv) the applicant for a design registration who is not the creator of the design has not suc­
ceeded to the right to obtain registration for the design concerned. 
(Declining of amendments) 
17bis• -(1) Where an amendment of the statement in the request or of the drawings, the 
photographs, models or samples attached to the request would change the gist thereof, the ex­
aminer shall decline the amendment by a ruling. 
(2) The ruling to decline an amendment under the preceding subsection shall be in writing 
and state the reasons theref or. 
(3) Where a ruling to decline an amendment under the subsection (1) has been rendered, 
the examiner's decision with respect to the design application shall not be rendered before the 
expiration of 30 days from the transmittal of that ruling. 
(4) Where an applicant has demanded a trial under Section 47 (l) against a ruling to decline 
an amendment under the subsection (1), the examiner shall suspend the examination of the de­
sign application until the trial decision has become final and conclusive. 
(New application for design as amended) 
17tcr. -(1) Where an applicant for a design registration has filed a new design applica­
tion for the design as amended within 30 days from the transmittal of a ruling to decline an 
amendment under Section I 7bis (1), the design application shall be deemed to have been filed 
at the time of submission of that amendment. 
(2) Where a new design application referred to in the preceding subsection has been filed, 
the original design application shall be deemed withdrawn. 
(3) The two preceding subsections shall be applicable only where the applicant has submit­
ted, at the same time as the new design application, a statement to the Director-General of the 
Patent Office indicating his desire for the application of subsection (1) to the new design appli­
cation referred to in that subsection. -DESIGN LAW -IP/NIl/JPN/DI 1 
Page 11 
17q~ler. -(1) The Director-General of the Patent Office may, for the benefit of a per­
son residing in a place that is remote or difficult of access, extend upon request or ex officio 
the period prescribed in Section 17bis(1). 
(2) The trial examiner-in-chief may, for the benefit of a person residing in a place that is 
remote or difficult of access, extend upon request or ex officio the period prescribed in Section 
17ter(l) as applied under Section 50(1) (including its application under Section 57 (1». 
(Decision to register design) 
18. -Where the examiner finds no reason for refusing a design application, he shall make 
a decision that the design is to be registered. 
(Application mutatis mutandis of Patent Law) 
19. -Section 47 (2) (qualifications of examiners), Section 48 (exclusion of examiners), Sec­
tion 50 (notification of reasons for refusal), Section 52 (formal requirements of examiner's deci­
sion) and Section 54 (relationship with litigation) of the Patent Law shall apply mutatis mutandis 
to the examination of design applications. IP/NI1/JPN/DI 1 
Page 12 -DESIGN LAW -
Chapter IV -The Design Right 
1. The Design Right 
(Registration of establishment of design right) 
20. -(l) A design right shall corne into force upon registration of its establishment. 
(2) The establishment of a design right shall be registered when the annual fee for the first 
year under Section 42(l)(i) has been paid. 
(3) When registration under the preceding subsection has been effected, the following shall 
be published in the Design Gazette (Isha Koho): 
(i) the name and the domicile or residence of the owner of the design right; 
(ii) the number and the date of the design application; 
(Ui) the registration number and the date of registration of the establishment; 
(iv) the contents of the request and the drawing, photograph, model or sample attached to 
the request. 
(4) In the case of a design for which secrecy has been demanded under Section 14(1), the 
matters referred to in paragraph (iv) of the preceding subsection shall, notwithstanding Section 
14(1), be published immediately after the period designated under Section 14(1) has expired. 
(Term of design right) 
21. -The term of a design right shall be 15 years from the date of registration of its estab­
lishment. 
(Design right relating to similar design) 
22. -The design right relating to a similar design shall be incorporated in the design right 
relating to the design (hereinafter referred to as the "principal design") to which such similar 
design is similar and for which a design registration (other than a registration for a similar de­
sign) was obtained first. 
(Effects of design right) 
23. -The owner of a design right shall have an exclusive right to commercially work the 
registered design and designs similar thereto. However, where the design right is the subject of 
an exclusive license, this provision shall not apply to the extent that the exclusive licensee has 
an exclusive right to work the registered design and designs similar thereto. 
(Scope of registered design) 
24. -The scope of a registered design shall be decided on the basis of the statement in 
the request and the design represented in the drawing attached to the request or shown in the 
photograph, model or sample attached to the request. 
25. -(1) A request for interpretation may be made to the Patent Office with respect to 
the scope of a registered design and designs similar thereto. 
(2) Where such a request is made, the Director-General of the Patent Office shall designate -DESIGN LAW -
three trial examiners to give the requested interpretation. IP/NI1/JPN/DI 1 
Page 13 
(3) Proceedings concerning an interpretation other than those provided for in the preceding 
subsection shall be prescribed by Cabinet Order. 
(Relationship with another's registered design, etc.) 
Ui. -(1) When a registered design would utilize another person's registered design or 
design similar thereto, patented invention or registered utility model under an application filed 
prior to the filing date of the design application concerned, or when the part of a design right 
relating to the registered design conflicts with another person's patent, utility model or trade­
mark right under an application filed prior to the filing date of the design application concerned, 
or conflicts with another person's copyright taking effect prior to that date, the owner of the 
design right, exclusive licensee or non-exclusive licensee shall not commercially work the registered 
design. 
(2) When a design similar to a registered design would utilize another person's registered 
design or design similar thereto, patented invention or registered utility model under an applica­
tion filed prior to the filing date of the design application concerned, or when the part of a de­
sign right relating to designs similar to the registered design conflicts with another person's design, 
patent, utility model or trademark right under an application filed prior to the filing date of 
the design application concerned, or conflicts with another person's copyright taking effect prior 
to that date, the owner of the design right, exclusive licensee or non-exclusive licensee shall not 
commercially work the design similar to the registered design. 
(Exclusive licenses) 
27. -(l) The owner of a design right may grant an exclusive license on such right. 
(2) An exclusive licensee shall have an exclusive right to commercially work the registered 
design and designs similar thereto to the extent laid down in the license contract. 
(3) Section 77(3) to (5) (transfer etc.), Section 97(2) (surrender) and Section 98(1)(ii) and 
(2) (effects of registration) of the Patent Law shall apply mutatis mutandis to exclusive licenses. 
(N 0 n-exclusive licenses) 
28. -(1) The owner of a design right may grant a non-exclusive license on such right. 
(2) A non-exclusive licensee shall have the right to commercially work the registered design 
and designs similar thereto to the extent prescribed in this Law or laid down by the license contract. 
(3) Section 73 (I) Goint ownership), Section 97 (3) (surrender) and Section 99 (effects of regis­
tration) of the Patent Law shall apply mutatis mutandis to non-exclusive licenses. 
(Non-exclusive license by virtue of prior use) 
29. -Where, at the time of filing of a design application (or at the time of filing of the 
original design application or of submission of an amendment when the design application is 
deemed to have been filed at the time of submission of the amendment in accordance with Sec­
tion 9bis of this Law or in accordance with Section 17ter (1) (including its application under Sec­
tion 50 (I) (including its application under Section 57 (l)) -, a person who has created a design 
or design similar thereto by himself without knowledge of the design in a design application or IP/NIl/JPN/D/1 
Page 14 -DESIGN LAW-
has learned the design from a person just referred to, has been cOffi..,.-rnercially \vorking the design 
or design similar thereto in Japan or has been making preparations theref or l such person shall 
have a non-exclusive license on the design right under the design application. Such license shall 
be limited to the design which is being worked or for which preparations for working are being 
made and to the purpose of such working or the preparations therefor. 
(Non~xclusive license due to working prior to registration of demand for 
invalidation trial) 
30. -(1) When a person coming within any of the paragraphs set out below has been com­
mercially working a design or design similar thereto in Japan or has been making preparations 
therefor, prior to the registration of a demand for a trial under Section 48 (1), without knowing 
that the design registration falls under any of the paragraphs of the subsection referred to, such 
person shall have a non-exclusive license on the design right or on the exclusive license existing 
at the time when the design registration was invalidated, such non-exclusive license being limited 
to the design which is being worked or for which preparations for working are being made and 
to the purpose of such working or the preparations therefor: 
(i) the original owner of the design right where one of two or more design registrations 
granted for the same or a similar design has been invalidated; 
(n) the original owner of the design right, where his design registration has been invalidated 
and a design registration for the same or a similar design has been granted to the person entitled; 
(iii) in the case referred to in the two preceding paragraphs, a person who, at the time of 
registration of the demand for a trial under Section 48 (1), has an exclusive license on the design 
right that has been invalidated or a non-exclusive license which is effective, under Section 99 (1) 
of the Patent Law as applied under Section 28(3) of this Law, against the design right or the 
exclusive license. 
(2) The owner of the design right or the exclusive licensee shall have a right to a reasonable 
remuneration as consideration for the non-exclusive license under the preceding subsection. 
(Non-exclusive license after expiration of design right, etc.) 
31. -(1) Where one design application was filed prior to or on the filing date of another 
design application and part of the design right (relating to designs similar to the registered design 
concerned) under the first-mentioned application conflicts with the design right under the other 
application and the term of the first-mentioned design right has expired, the owner of the origi­
nal design right shall, to the extent of such right, have a non-exclusive license on the other design 
right or the exclusive license existing at the time when his design right expired. 
(2) Where a patent right or a utility model right under an application filed prior to or on 
the filing date of a design application conflicts with the design right under that application, the 
preceding subsection shall apply mutatis mutandis where the term of the patent right or utility 
model right has expired. 
32. -(1) Where one design application was filed prior to or on the filing date of another 
design application and part of the design right (relating to designs similar to the registered design 
concerned) under the first-mentioned application conflicts with the design right under the other 
application and the term of the first-mentioned design right has expired, a person who, at the -DESIGN LAW -IP/NIlIJPN/DI 1 
Page 15 
time of expiration, has an exclusive license on the expired design right or a non-exclusive license 
which is effective under Section 99(1) of the Patent Law, as applied under Section 28 (3) of this 
Law, against the expired design right or the exclusive license, shall, to the extent of the expired 
right, have a non-exclusive license on the other design right or on the exclusive license existing 
when the first-mentioned design right expired. 
(2) Where a patent right or a utility model right under an application filed prior to or on 
the filing date of a design application conflicts with the design right under that application, the 
preceding subsection shall apply mutatis mutandis where the term of the patent right or utility 
model right has expired. 
(3) The owner of the design right or the exclusive licensee shall have a right to a reasonable 
remuneration as consideration for the non-exclusive license under the two preceding subsections. 
(Arbitration decision on grant of non-exclusive license) 
33. -(1) Where a registered design or design similar thereto falls under any of the cases 
provided for in Section 26, the owner of the design right or the exclusive licensee may request 
the other person referred to in that section to hold consultations on the grant of a non-exclusive 
license to work the registered design or the design similar thereto or of a non-exclusive license 
on the patent right or the utility model right. 
(2) The other person referred to in Section 26 who has been requested to hold the consulta­
tions under the preceding subsection may request the owner of the design right or the exclusive 
licensee having requested the consultations to hold consultations on the grant of a non-exclusive 
license within the scope of the registered design which the owner of the design right or the exclu­
sive licensee desires to work by obtaining the non-exclusive license on the design right, the patent 
right or the utility model right through the consultations requested by the owner of the design 
right or the exclusive licensee. 
(3) If no agreement is reached or no consultation is possible under subsection (1), the own­
er of the design right or the exclusive licensee may request the Director-General of the Patent 
Office for an arbitration decision. 
(4) If no agreement is reached or no consultation is possible under subsection (2) and an 
arbitration under the preceding subsection is requested, the other person referred to in Section 
26 may request the Director-General of the Patent Office for an arbitration decision only within 
the time limit which the Director-General of the Patent Office designates as the time limit for 
the other person to submit a written reply in accordance with Section 84 of the Patent Law as 
applied under subsection (7). 
(5) If, in the case of subsection (3) or the preceding subsection, the grant of a non-exclusive 
license would unduly injure the interests of the other person referred to in Section 26 or the own­
er of the design right or the exclusive licensee, the Director-General of the Patent Office shall 
not render an arbitration decision ordering a non-exclusive license to be granted. 
(6) In the case of subsection (4) in addition to the case provided for in the preceding subsec­
tion, the Director-General of the Patent Office shall not render an arbitration decision ordering 
a non-exclusive license to be granted if an arbitration decision ordering a non-exclusive license 
to be granted is not rendered with respect to the request for the arbitration decision under IP/NIlIJPN/DI 1 
Page 16 
subsection (3). -DESIGN LAW -
(7) Sections 84,85(1) and 86 to 91bis (arbitration procedure, etc.) of the Patent Law shall 
apply mutatis mutandis to arbitrations under subsections (3) or (4). 
(Transfer, etc. of non-exclusive license) 
34. -(1) A non-exclusive license, with the exception of one which results from an arbitra­
tion under Section 33 (3) or (4) of this Law, Section 92(3) of the Patent Law or Section 22(3) 
of the Utility Model Law, ~ay be transferred, but only together with the business in which it 
is worked or only with the consent of the owner of the design right (or the owner and the exclu­
sive licensee in the case of a non-exclusive license on an exclusive license) or in the case of in­
heritance or other general succession. 
(2) A non-exclusive licensee may, except in the case of a non-exclusive license resulting from 
an arbitration under Section 33 (3) or (4) of this Law, Section 92(3) of the Patent Law or Section 
22 (3) of the Utility Model Law, establish a pledge on the non-exclusive license but only with 
the consent of the owner of the design right (or the owner and the exclusive licensee in the case 
of a non-exclusive license on an exclusive license). 
(3) A non-exclusive license resulting from an arbitration under Section 33 (3) of this Law, 
Section 92(3) of the Patent Law or Section 22(3) of the Utility Model Law shall be transferred 
together with the design, patent or utility model right to which the non-exclusive licensee is enti­
tled and which is transferred together with the business in which it is worked and shall be extin­
guished at the time when such design, patent or utility model right has been transferred separately 
from the business in which it is worked or has been extinguished. 
(4) A non-exclusive license resulting from an arbitration under Section 33 (4) of this Law 
shall be transferred together with the -design, patent or utility model right to which the non­
exclusive licensee is entitled, and shall be extinguished at the time when such design, patent or 
utility model right has been extinguished. 
(Pledges) 
35. -(1) Where a design right or an exclusive or non-exclusive license is the subject of 
a pledge, the pledgee may not work the registered design or designs similar thereto except as 
otherwise provided by contract. 
(2) Section 96 (attachment) of the Patent Law shall apply mutatis mutandis to pledges on 
a design right, exclusive license or non-exclusive license. 
(3) Section 98 (1) (ill) and (2) (effects of registration) of the Patent Law shall apply mutatis 
mutandis to pledges on a design right or exclusive license. 
(4) Section 99(3) (effects of registration) of the Patent Law shall apply mutatis mutandis 
to pledges on a non-exclusive license. 
(Application mutatis mutandis of Patent Law) 
36. -Section 69(1) and (2) (limits of patent right), Section 73 Uoint ownership), Section 
76 (extinguishment of patent right in absence of heir), Section 97 (l) (surrender) and Section 98 (I )(i) 
and (2) (effects of registration) of the Patent Law shall apply mutatis mutandis to design rights. DESIGN LAW 
2. Infringement 
(Injunctions) IP/NIl/JPN/DI 1 
Page 17 
37. -(1) The owner of a design right or exclusive licensee may require a person who is 
infringing or is likely to infringe the design right or exclusive license to discontinue or refrain 
from such infringement. 
(2) The owner of a design right or exclusive licensee who is acting under the preceding sub­
section may demand the destruction of the articles by which the act of infringement was com­
mitted, the removal of the facilities used for the act of infringement, or other measures necessary 
to prevent the infringement. 
(3) In the case of a design for which secrecy has been demanded under Section 14(1), the 
owner of the design right or exclusive licensee may not take the action provided for in subsection 
(1) until he has given a warning in the form of a document which states the matters referred 
to in each paragraph of Section 20(3) and which has been certified by the Director-General of 
the Patent Office. 
(Acts deemed to be infringement) 
38. -Acts of manufacturing, assigning, leasing, importing or offering for assignment or 
lease of, in the course of trade, the things to be used exclusively for the manufacture of the arti­
cle to which the registered design or a design similar thereto has been applied shall be deemed 
to be an infringement of the design right or exclusive license. 
(Presumption, etc. of amount of damage) 
39. -(1) Where the owner of a design right or exclusive licensee claims, from a person 
who has intentionally or negligently infringed the design right or exclusive license, compensation 
for damage caused to him by the infringement, the profits gained by the infringer through the 
infringement shall be presumed to be the amount of damage suffered by the owner or exclusive 
licensee. 
(2) The owner of a design right or exclusive licensee may claim, from a person who has 
intentionally or negligently infringed the design right or exclusive license, an amount of money 
which he would normally be entitled to receive for the working of the registered design or de­
signs similar thereto, as the amount of damage suffered by him. 
(3) The preceding subsection shall not preclude a claim to damages exceeding the amount 
referred to therein. In such a case, where there has been neither willfulness nor gross negligence 
on the part of the person who has infringed the design right or the exclusive license, the court 
may take this into consideration when awarding damages. 
(Presumption of negligence) 
.w. -A person who has infringed a design right or exclusive license of another person shall 
be presumed to have been negligent as far as the act of infringement is concerned. However, 
this provision shall not apply with respect to the infringement of a design right or exclusive license 
relating to a design for which secrecy has been demanded under Section 14(1). IP/N/lIJPN/D/l 
Page 18 
-DESIGN LAW -
(Application mutatis mutandis of Patent Law) 
41. -Section 105 (production of documents) and Section 106 (measures for recovery of 
reputation) of the Patent Law shall apply mutatis mutandis to the infringement of a design right 
or exclusive license. 
3. Annual Fees 
(Annual fees) 
42. -(1) A person who obtains registration of a design right or the owner of a design right 
shall pay as annual fees the amount specified below, for each case and for each year until the 
expiration of the design right under Section 21: 
(i) first to third year: 8,500 yen per annum; 
(ii) fourth to tenth year: 16,900 yen per annum; 
(ill) eleventh to fifteenth year: 33,800 yen per annum. 
(2) A person who obtains registration of a similar design shall pay, as a registration fee, 
8,500 yen for each case. 
(3) The two preceding subsections shall not apply to design rights belonging to the State. 
(4) The payment of the fee under subsection (1) or (2) shall be made by patent revenue stamps 
as prescribed by an ordinance of the Ministry of International Trade and Industry. 
(Time limit for payment of annual fees) 
43. -(1) The annual fee for the first year under Section 42(l)(i) or the registration fee 
under Section 42(2) shall be paid within 30 days from the transmittal of the examiner's decision 
or trial decision that the design registration is to be effected. 
(2) The annual fee for the second and subsequent years under Section 42(1) shall be paid 
during the preceding year or prior thereto. 
(3) Upon the request of a person liable to pay an annual or registration fee, the Director­
General of the Patent Office may extend the period prescribed in subsection (1) by a period not 
exceeding 30 days. 
(Late payment of annual fees) 
44. -(1) Where the owner of a design right is unable to pay an annual fee within the time 
limit prescribed in Section 43 (2), he may pay the annual fee belatedly within six months from 
the expiration of that time limit. 
(2) In the case of late payment of an annual fee in accordance with the preceding subsec­
tion, the owner of the design right shall, in addition to the annual fee provided for in Section 
42(1), pay a surcharge of the same amount as the annual fee. 
(3) The payment of the fee under the preceding subsection shall be made by patent revenue 
stamps as prescribed by an ordinance of the Ministry of International Trade and Industry. 
(4) Where the owner of a design right fails to pay an annual fee and the surcharge under 
the preceding subsection within the time limit for late payment under subsection (2), the design -DESIGN LAW -IP/N/lIJPN/DIl 
Page 19 
right shall be deemed to have been. extinguished retroactively from the momen.t that the time 
limit prescribed in Section 43 (2) expired. 
(Restoration of design right by ~ate payment of annuaa fees) 
44bis. -(1) Where the original owner of the design right which is deemed to have been 
extinguished under Section 44(4) is unable to pay an annual fee and surcharge prescribed in Sec­
tion 44(4) within the time limit within which he may pay the annual fee and surcharge belatedly 
under Section 44 (1) due to reasons outside his control, he may pay the annual fee and surcharge 
belatedly but only within 14 days (where he is a resident abroad, within two months) and within 
six months after the expiration of the time limit. 
(2) Where the annual fee and surcharge prescribed in subsection (1) are paid, such design 
right shall be deemed to have been maintained retroactively from the time of the expiration of 
the time limit prescribed in Section 43 (2). 
(Restriction on effects of design righ t restored) 
44lcr• -(1) Where a design right has been restored under Section 44bis(2), the effects of 
the design right shall not extend to any articles to which the registered design or design similar 
thereto has been applied and which was imported into, manufactured or acquired in Japan after 
the expiration of the time limit within which he may pay an annual fee belatedly under Section 
44(1) but before the registration of the restoration of the design right. 
(2) The effects of a design right which has been restored under Section 44bis (2) shall not 
extend to the following acts after the expiration of the time limit within which he may pay an 
annual fee belatedly under Section 44 (1) but before the registration 0 f the design: 
(i) the working of the design or design similar thereto; 
(ii) acts of manufacturing, assigning, leasing, importing or offering for assignment or lease 
of, the things to be used exclusively for the manufacture of the article to which the registered 
design or design similar thereto has been applied. 
(Application mutatis mutandis of Patent Law) 
45. -Section 110 (payment of annual fees by an interested person) and Section 111 (1) [ex­
cluding (iii)] and (2) (refund of annual fees) of the Patent Law shall apply mutatis mutandis to 
the annual fees under this Law. IP/NIlIJPN/DI 1 
Page 20 -DESIGN LAW -
Chapter V -Trial 
(Trial against examiner's decision of refusal) 
46. -(1) A person who has received the examiner's decision that his application is to be 
refused and is dissatisfied may demand a trial thereon within 30 days from the transmittal of 
the examiner's decision. 
(2) Where, due to reasons outside his contorl, a person is unable to demand a trial under 
the preceding subsection within the time limit prescribed therein, he may, notwithstanding that 
subsection, make the demand within 14 days (where he is a resident abroad, within two months) 
from the date when the reasons ceaserl to be applicable but not later than six months following 
the expiration of the said time limit. 
(Trial against ruling to decline amendment) 
47. -(l) A person who has received a ruling to decline an amendment under Section 
17bis(1) of this Law and is dissatisfied may demand a trial thereon within 30 days from the trans­
mittal of the ruling. However, this provision shall not apply when a new application for design 
registration has been filed under Section 17ler (1). 
(2) Section 46(2) shall apply mutatis mutandis to the demand for a trial under the preced­
ing subsection. 
(frial for invalidation of design registration) 
48. -(1) In the following cases, a trial may be demanded for the invalidation of a design 
registration: 
(i) where the registration has been effected contrary to Section 3, 5, 8(2), 9(1) or (2) or 
10(1) or to Section 38 of the Patent Law as applied under Section 15 (1) of this Law or to Section 
25 of the Patent Law as applied under Section 68 (3) of this Law; 
(ii) where the registration has been effected contrary to the provisions of a treaty; 
(ill) where the registration has been effected in respect of a design application filed by a per­
son who is not the creator of the design and has not succeeded to the right to obtain a design 
registration for the design concerned; 
(iv) where, after the registration, the owner of the design right has become a person who 
can no longer enjoy such right under Section 25 of the Patent Law as applied under Section 
68 (3) of this Law or the registration no longer complies with a treaty. 
(2) Even after the extinguishment of a design right, a trial under the preceding subsection 
may be demanded. 
(3) Where a trial under subsection (l) has been demanded, the trial examiner-in-chief shall 
notify the exclusive licensee with respect to the design right and other persons who have any 
registered rights relating to the design registration. 
49. -(l) Where a trial decision that a design registration is to be invalidated has become 
final and conclusive (other than a design registration of a similar design -the same hereinafter 
in this subsection), the design right shall be deemed never to have existed. However, where a 
design registration fell under Section 48(I)(iv) and a trial decision that the registration is to be -DESIGN LAW -IP/NI lIJPN/DI 1 
Page 21 
invalidated has become final and conclusive, the design right shall be deemed not to have existed 
from the time when the registration first fell under that paragraph. 
(2) When a trial decision that the design registration of the principal design is to be invali­
dated has become final and conclusive, the design registration of a similar design shall become 
invalid. 
(3) Where a trial decision that a design registration of a similar design is to be invalidated 
has become final and conclusive or a design registration of a similar design becomes invalid by 
virtue of the preceding subsection, the design right relating to the similar design shall be deemed 
never to have existed. However, where the design registration of the similar design falls under 
paragraph (iv) of Section 48(1) and the trial decision that the design registration of the similar 
design is to be invalidated has become final and conclusive, or where the design registration of 
the principal design falls under said paragraph and the trial decision that the design registration 
of the principal design is to be invalidated has become final and conclusive so that the design 
registration of the simmilar design has become invalid by virtue of the preceding subsection, 
the design right relating to the similar design shall be deemed not to have existed from the time 
when the design registration of the similar design or the design registration of the principal de­
sign first fell under Section 48 (1) (iv). 
(Application mutatis mutandis of provisions concerning examination) 
50. -(l) Sections 17bis and 17ter shall apply mutatis mutandis to the tflal under Section 
46(1). In such a case, "has demanded a trial under Section 47(1)" in Section 17bis(4) shall read 
"has instituted an action under Section 59 (1)" . 
(2) Section 18 shall apply mutatis mutandis where a demand for a trial under Section 46 (1) 
is considered acceptable. However, this provision shall not apply where a trial decision is ren­
dered ordering a further examination in accordance with Section 160(1) of the Patent Law as 
applied under Section 52 of this Law. 
(3) Section 50 (notification of reasons for refusal) of the Patent Law shall apply mutatis 
mutandis where a reason for refusal not contained in the examiner's decision is found in the 
trial under Section 46 (l). 
(Special provisions for trials against ruling to decline amendment) 
51. -The adjudication in the case of a trial decision after a trial under Section 47 (1) to 
the effect that the ruling shall be cancelled shall be binding on the examiner with respect to the 
case concerned. 
(Application mutatis mutandis of Patent Law) 
52. -Sections 131(1) and (2),132,133,134(1), (3) and (4),135 to 154,155(1) and (2), 
156 to 158, 160(1) and (2),161 as well as Sections 167 to 170 (demands for trial, trial examiners, 
trial proceedings, relationship with litigation and costs of trial) of the Patent Law shall apply 
mutatis mutandis to trials under this Law. In such a case y "Section 121 (1)" in Section 161 and 
Section 121(1)or 126(1)" in Section 169(3) of the Patent Law shall read "Section 46(1) or 47(1) 
of the Design Law." IP/NI1 IJPN/DI1 
Page 22 
(Demand for retrial) -DESIGN LAW -
Chapter VI -Retrial and Litigation 
53. -(I) Any party may demand a retrial against a final and conclusive trial decision. 
(2) Sections 420(1) and (2) and 421 (grounds for retrial) of the Code of Civil Procedure 
(Law No. 29 of 1890) shall apply mutatis mutandis to demands for a retrial under the preceding 
subsection. 
54. -(1) Where the demandant and the defendant in a trial have in collusion caused a 
trial decision to be rendered, with the purpose of injuring the rights or interests of a third per­
son, such person may demand a retrial against the final and conclusive trial decision. 
(2) In such a retrial, the demandant and the defendant shall be made joint defendants. 
(Restriction on effects of design rights restored by retrial) 
55. -(1) Where a design right relating to an invalidated design registration has been re­
stored through a retrial, the effects of the design right shall not extend to any article to which 
the registered design or a design similar thereto has been applied and which was imported into, 
manufactured or acquired in Japan, in good faith after the time when the trial decision became 
final and conclusive but before the demand for a retrial was registered. 
(2) Where a design right relating to an invalidated design registration has been restored 
through a retrial, the effects of the design right shall not extend, after the trial decision became 
final and conclusive but before the registration of the demand for a retrial, to the following acts: 
(i) the working of the design or designs similar thereto in good faith; 
(n) acts of manufacturing, assigning, leasing, importing or offering for assignment or lease 
of, in good faith, the things to be used exclusively for the manufacture of the article to which 
the registered design or a design similar thereto has been applied. 
56. -Where a design right relating to an invalidated design registration has been restored 
through a retrial or where the establishment of a design right under a design application which 
was refused by a trial decision has been registered through a retrial, and where a person has, 
in good faith, been commercially working the design or a design similar thereto in Japan or has, 
in good faith, been making preparations therefor, after the trial decision became final and con­
clusive but before the registration of the demand for a retrial, such person shall have a non­
exclusive license on the design right, the license being limited to the design which is being worked 
or for which preparations for working are being made and to the purpose of such working or 
the preparations therefor. 
(Application mutatis mutandis of provisions on trial) 
57. -(l) Section 51 (1) and (3) shall apply mutatis mutandis to a retrial against the final 
and conclusive trial decision on a trial under Section 46(1). 
(2) Section 51 shall apply mutatis mutandis to a retrial against the final and conclusive trial 
decision on a trial under Section 47 (1). -DESIGN LAW -
(Applica.tion mutatis mutandis of Patent Law) IP/NIlIJPN/DI 1 
Page 23 
58. -(1) Section 173 and Section 174(5) of the Patent Law shall apply mutatis mutandis 
to retrials under this Law. 
(2) Sections 131, 132(3) and (4),133,134(4), 135 to 147, 150 to 152, 155(1), 156 to 158, 
160, 168, 169(3) to (6) and 170 shall apply mutatis mutandis to a retrial against a final and con­
clusive trial decision in a trial under Section 46(1). In such a case, "Section 121(1) or 126(1)" 
in Section 169(3) of the Patent Law shall read "Section 46(1) of the Design Law." 
(3) Sections 131,132(3) and (4),133,134(4),135 to 147,150 to 152,155(1),156,157,168, 
169 (3) to (6) and 170 shall apply mutatis mutandis to a retrial against a final and conclusive 
trial decision in a trial under Section 47(1). In such a case, "Section 121 (1) or 126(1)" in Section 
169(3) of the Patent Law shall read "Section 47(1) of the Design Law." 
(4) Section 174(3) shall apply mutatis mutandis to a retrial against a final and conclusive 
trial decision under Section 48 (1). 
(Actions against trial decisions, etc.) 
59. -(1) An action against a trial decision or a ruling to decline an amendment under Sec­
tion 17bis(l) as applied under Section 50(1) (including its application under Section 57 (1» or 
an action against a ruling of dismissal of a demand for a trial or retrial shall come under the 
exclusive jurisdiction of the Tokyo High Court. 
(2) Section 178 (2) to (6) (time limit for institution of action, etc.) and Sections 179 to 182 
(defendant in the action, notification of institution of action, annulment of trial decision or rul­
ing, and sending of certified copy of judgment) of the Patent Law shall apply mutatis mutandis 
to actions under the preceding subsection. 
(Actions on amount of remuneration) 
60. -(1) Where a person who is concerned in an arbitration decision under Section 33 (3) 
or (4) is dissatisfied with the amount of remuneration fixed in the decision, he may institute an 
action for the increase or decrease of the remuneration. 
(2) Section 183 (2) (time limit for institution of action) and Section 184 (defendant in the 
action) of the Patent Law shall apply mutatis mutandis to actions under the preceding subsection. 
(Relationship between administrative appeal and litigation) 
6Obis. -Section 184bis (relationship between administrative appeal and litigation) of the 
Patent Law shall apply mutatis mutandis to actions for the annulment of measures (with the 
exception of measures under Section 68 (7» taken under this Law or an order or ordinance 
thereunder. IP/NIlIJPN/DI 1 
Page 24 
-DESIGN LAW -
Chapter VU -Miscellaneous Provisions 
(Amendment) 
601er• -With respect to a procedure relating to a design application, a demand or other 
procedure relating to design registration, the person carrying on such procedure may make an 
amendment only during the pendency of the case in the examination, trial or retrial. 
(Registration in Design Register) 
61. -(1) The following matters shall be registered in the Design Register kept in the Pa­
tent Office: 
(i) the establishment, transfer, extinguishment, restoration or restriction on disposal of a 
design right; 
(ii) the establishment, maintenance, transfer, modification, extinguishment or restriction 
on disposal of an exclusive or non-exclusive license; 
(iii) the establishment, transfer, modification, extinguishment or restriction on disposal of 
rights in a pledge upon a design right or an exclusive or non-exclusive license. 
(2) The Design Register, either in whole or in part, may be prepared by means of magnetic 
tapes (including other materials on which matters can be accurately recorded by an equivalent 
method -hereinafter referred to as "magnetic tapes"). 
(3) Other matters relating to registration that are not provided for in this Law shall be 
prescribed by Cabinet Order. 
(Issuance of design registration certificate) 
62. -(1) When the establishment of a design right has been registered, the Director-General 
of the Patent Office shall issue a design registration certificate to the owner of the registered design. 
(2) Re-issuance of the certificate shall be prescribed by an ordinance of the Ministry of 
International Trade and Industry. 
(Request for certification, etc.) 
63. -Anyone may request the Director-General of the Patent Office to issue a certificate, 
a copy or an extract of documents, to allow the inspection or copying of documents, models 
or samples or to issue documents whose contents are recorded in the part of the Design Register 
prepared by magnetic tapes, where such documents, models or samples relate to design registra­
tions. However, this provision shall not apply in the case of the following documents, models 
or samples if the Director-General of the Patent Office considers it necessary to keep them secret: 
(i) a request or a drawing, photograph, model or sample attached thereto, where the de­
sign registration concerned has not been effected; 
(ii) a document, model or sample, where the secrecy of the design concerned has been 
demanded under Section 14 (I); 
(ill) documents concerning a trial under Section 46 (l) or 47 (I), where a design registration 
has not been effected with respect to the design application pending in the trial case; 
(iv) documents liable to contravene public order or morality. -DESIGN LAW -
(Indication of existence of design registration) IP/N/lIJPN/DI 1 
Page 25 
64. -The owner of a design right or an exclusive or non-exclusive licensee shall take steps, 
as prescribed in an ordinance of the Ministry of International Trade and Industry, to mark the 
articles to which a registered design or a design similar thereto has been applied or the packaging 
of such articles, with a statement to the effect that the articles are covered by a registered design 
or a design similar thereto (hereinafter referred to as "indication of a design registration"). 
(Prohibition of faI~ marking) 
65. -The following acts shall be unlawful: 
(i) the marking of an article to which a registered design or a design similalr thereto has 
not been applied or the packaging of such article, with an indication of a design registration 
or confusingly similar indication; 
(ii) the assignment, lease or display for the purpose of assignment or lease of an article to 
which a registered design or design similar thereto has not been applied, where such article or 
its packaging is marked with an indication of a design registration or confusingly similar indication; 
(ill) the inclusion in an advertisement of an indication that an article is covered by a registered 
design or a design similar thereto or of a confusingly similar indication, for the purpose of caus­
ing others to produce or use the article or of assigning or leasing it, where a registered design 
or a design similar thereto has not been applied to the article. 
(Design Gazette) 
66. -(1) The Patent Office shall publish the Design Gazette (Isho Koho). 
(2) In addition to those provided for in this Law, the Design Gazette shall contain the fol­
lowing matters: 
(i) the extinguishment (with the exception of extinguishment due to expiration of term and 
extinguishment under Section 44(4)) or the restoration (limited to that under Section 44bis (2») 
of design right; 
(ii) demands for a trial or retrial or withdrawals thereof and final decisions of a trial or retrial; 
(ill) requests for an arbitration decision or withdrawals thereof and arbitration decisions; 
(iv) final judgments in an action under Section 59 (1). 
(Fees) 
67. -Cl) The person specified hereunder shall pay the fee the amount of which shall be 
prescribed by Cabinet Order with the actual costs taken into consideration: 
(i) person requesting access to design in accordance with Section 14 (4); 
(ii) person making notification of succession in accordance with Section 34(4) of the Patent 
Law as applied under Section 15 (2); 
(iii) person requesting extension of time limit under Sections 4 and 5 (1) of the Patent Law 
as applied under Sections 17quater J 43 (3) or 68 (1), or change of date under Section 5 (2) of the 
Patent Law as applied under Section 68(1) of this Law; 
(iv) person requesting re-issuance of design registration certificate; 
(v) person requesting issuance of certificate in accordance with Section 63; 
(vi) person requesting issuance of copy or extract of documents in accordance with Section 63; 
(vii) person requesting inspection or copying of documents, models or samples in accordance IP/N/1/JPN/D/l 
Page 26 
with Section 63; -DESIGN LAW -
(viii) person requesting issuance of documents containing matters recorded in that part of 
the Design Register as prepared on magnetic tapes, in accordance with Section 63. 
(2) The persons specified in the left-hand column of the attached table shall pay the fee 
the amount of which shall be prescribed by Cabinet Order within the limit of the ammounts 
specified in the right-hand column of the table. 
(3) The two preceding subsections shall not apply where the person to pay the fee in accor­
dance with these subsections is the State. 
(4) The payment of the fee under subsection (1) or (2) shall be made by patent revenue stamps 
as prescribed by an ordinance of the Ministry of International Trade and Industry. 
(5) A fee paid by mistake or in excess shall be refunded upon the request of the person 
making the payment. 
(6) No request for a refund of a fee under the preceding subsection may be made after one 
year from the date of payment. 
(Application mutatis mutandis of Patent Law) 
68. -(1) Sections 3 to 5 (time limits and dates) of the Patent Law shall apply mutatis mutan­
dis to the time limits and dates prescribed in this Law. In such a case, "Section 121 (1)" in Sec­
tion 4 of the Patent Law shall read "Section 46(1) or 47 (1) of the Design Law." 
(2) Sections 6 to 16, 17(3) and (4) and 18 to 24 as well as Section 194 (proceedings) of the 
Patent Law shall apply mutatis mutandis to design applications, demands and any other proceed­
ings relating to design registrations. In such a case, "Section 121 (1)" in Section 9 of the Patent 
Law shall read "Section 46(1) or 47(1) of the Design Law," and "Section 121 (1)" in Section 
14 of the Patent Law shall read "Section 46(1) or 47(1) of the Design Law." 
(3) Section 25 (enjoyment of rights by aliens) of the Patent Law shall apply mutatis mutan­
dis to design rights and other rights relating to design registrations. 
(4) Section 26 (effect of treaties) of the Patent Law shall apply mutatis mutandis to design 
registrations. 
(5) Sections 189 to 192 (transmittal) of the Patent Law shall apply mutatis mutandis to trans­
mittal under this Law. 
(6) Section 1951er of the Patent Law shall apply mutatis mutandis to measures under this 
Law or an order or ordinance thereunder. 
(7) Section 195quater (restriction on appeals under Administrative Appeal Law) of the Pa­
tent Law shall apply mutatis mutandis to rulings to decline an amendment, examiners' decisions, 
trial decisions and rulings of dismissal of a demand for trial or retrial under this Law as well 
as to measures from which no appeal lies under this Law. -DESIGN LAW -IP/N/lIJPN/DIl 
Page 27 
Chapter vm -Penal Provisions 
(Offense of infringement) 
69. -(1) Any person who has infringed a design right or an exclusive license shall be lia­
ble to imprisonment with labor not exceeding three years or to a fine not exceeding 3,000,000 yen. 
(2) The prosecution for the offense under the preceding subsection shall be initiated upon 
a complaint. 
(Offense of fraud) 
70. -Any person who has obtained a design registration or a trial decision by means of 
a fraudulent act shall be liable to imprisonment with labor not exceeding one year or to a fine 
not exceeding 1,000,000 yen. 
(Offense of false marking) 
71. -Any person infringing Section 65 shall be liable to imprisonment with labor not 
exceeding one year or to a fine not exceeding 1,000,000 yen. 
(Offense of perjury, etc.) 
72. -(1) A witness, expert witness or interpreter who, having taken an oath under this 
Law, has made a false statement or has given a false expert opinion or has interpreted falsely 
before the Patent Office or a court commissioned thereby shall be liable to imprisonment with 
lab or for a term of not less than three months nor more than ten years. 
(2) Where a person committing the offense in the preceding subsection has made a volun­
tary confession before the examiner's decision or trial decision concerning the case has become 
final and conclusive, his sentence may be reduced or suppressed. 
(Offense of divulging secrets) 
73. -Where any present or former official of the Patent Office has divulged or made sur­
reptitious use of the secrets relating to a design in a design application to which he had access 
in the course of his duties, he shall be liable to imprisonment with labor not exceeding one year 
or to a fine not exceeding 500,000 yen. 
(Dual liability) 
74. -Where an officer representing a legal entity or a representative, employee or any other 
servant of a legal entity or of a natural person has committed an act in violation of Section 69(1), 
70 or 71, with regard to the business of the legal entity or natural person, the legal entity or 
the natural person 'shall, in addition to the offender, be liable to the fine prescribed in those 
sections. 
(Administrative penalties) 
75. -Where a person who has taken an oath under Section 267 (2) or 336 of the Code 
of Civil Procedure -as applied under Section 151 of the Patent Law as applied either under 
Section 52 of this Law, under Section 58 (2) or (3) of this Law or under Section 174(3) of the 
Patent Law as applied under Section 58(4) of this Law -has made a false statement before IP/NIlIJPN/DI 1 
Page 28 
-DESIGN LAW -
the Patent Office or a court commissioned thereby, he shall be liable to an administrative penalty 
not exceeding 100,000 yen. 
76. -Where a person who has been summoned by the Patent Office or a court commis­
sioned thereby in accordance with this Law has failed to appear or has refused to take an oath, 
to make a statement, to testify, to give an expert opinion or to interpret, without a legitimate 
reason, he shall be liable to an administrative penalty not exceeding 100,000 yen. 
77. -Where a person who has been ordered by the Patent Office or a court commissioned 
thereby to produce or show documents or other evidence in accordance with the provisions of 
this Law relating to the examination or preservation of evidence has failed to comply with the 
order, without a legitimate reason, he shall be liable to an administrative penalty not exceeding 
100,000 yen. 
Supplementary Provision 
(Law No. 125 of 1959) 
The entry into force of this Law shall be established by another law. 
(Entry into force) Supplementary Provisions 
(Extract from Law No. 91 of 1970) 
1. -This Law shall enter into force on January 1, 1971. 
(Transitory measures incident to revision of Design Law) 
7. -Sections 2, 3 and 5 of these Supplementary Provisions shall apply mutatis mutandis 
to the transitory measures that are incident to the revision of the Design Law under Section 3. 
(Delegation to Cabinet Order) 
9. -In addition to those provided for in the preceding sections, the transitory measures 
necessary for the implementation of this Law shall be prescribed by Cabinet Order. 
(Entry into force) Supplementary Provisions 
(Extract from Law No. 46 of 1975) 
1. -This Law shall enter into force on January 1, 1976, with the following exceptions: 
(i) amended Section 42(1) and (2) and the amended table attached to the Design Law shall -DESIGN LAW -IP/N/1/JPN/D/l 
Page 29 
enter into force on the day of promulgation of this Law; 
(Transitory measures incident to revision of Patent Law) 
2. -(2) An annual fee which has been paid or should have been paid before the day of 
promulgation of this Law shall be as heretofore, notwithstanding Section 107 (1) of the Patent 
Law after its revision. 
(Transitory measures incident to revision of Design Law) 
4. -Section 2 (2) of these Supplementary Provisions shall apply mutatis mutandis to an 
annual or registration fee which has been paid before the day of promulgation of this Law. 
(Entry into force) Supplementary Provisions 
(Extract from Law No. 45 of 1981) 
1. -This Law shall enter into force from the day of promulgation .... However, ... the 
amended provisions of Section 107 (1) of the Patent Law, the amended provisions of Section 
31 (1) of the Utility Model Law, the amended provisions of Section 42(1) and (2) of the Design 
Law, the amended provisions of Section 40(1) and (2) of the Trademark Law ... shall enter 
into force on June 1, 1981. 
(Transitory measures) 
2. -The following fees shall be as heretofore: 
(m) An annual fee which has been paid or should have been paid before the entry into force 
of the amended provisions of Section 42(1) and (2) of the Design Law. 
(Entry into force) Supplementary Provisions 
(Extract from Law No. 41 of 1985) 
1. -This Law shall enter into force on the day to be set by a cabinet order within six months 
from the day of promulgation .... 
(Entry into force) Supplementary Provisions 
(Extract from Law No. 27 of 1987) 
1. -This Law shall enter into force on January 1, 1988. 
However, the following provisions shall enter into force on June 1, 1987: IP/N/1/JPN/D/l 
Page 30 
-DESIGN LAW -
.... Section 42 and "Attached Table" (Related to Section 67). 
(Entry into force) Supplementary Provisions 
(Extract from Law No. 30 of 1990) 
1. -This Law shall enter into force on December 1, 1990. 
(Entry into force) Supplementary Provisions 
(Extract from Law No. 26 of 1993) 
1. -This Law shall come into force as of a day to be determined by Cabinet Order within 
a period not exceeding one year counting from the day of promulgation. 
(Entry into force) Supplementary Provisions 
(Extract from Law No. 116 of 1994) 
1. -This Law shall enter into force on July 1,1995. However, the provisions indicated 
in the following paragraphs shall enter into force on the date specified respectively in the said 
paragraphs: 
(i) The amended provisions of Section 30(3) of the Patent Law prescribed in Section 1; 
the provisions prescribed in Section 5 (excluding the amended provisions of Sections 10(3), 13 (1), 
44 (2) and 63bis of the Trademark Law); and the provisions prescribed in Section 9: -July 1, 
1995 or the day on which the Marrakesh Agreement Establishing the World Trade Organization 
becomes effective in Japan ... whichever is later. 
(ii) The provisions prescribed in Section 2; the amended provisions of Sections 3bis(1) (limited 
to the part amending "publication of application" into "publication of the Patent Gazette con­
taining the matters referred to in each paragraph thereof'), 10(5) and (6), 14(4) and 39(3), the 
amended provisions of Section 45 (excluding the part adding a subsection to this section), the 
amended provisions of Section 50bis (limited to the part amending "Section 174(2)" into "Sec­
tion 173 (3)" and "Section 193 (2)(v)" into "Section 193 (2)(iv)"), the amended provisions of Sec­
tion 53 (2) and the amended provisions of Section 62 of the Utility Model Law; the amended 
provisions of Sections 13 (3), 19, 58, 68 (1) and 75 of the Design Law; the provisions prescribed 
in Section 6; the amended provisions of the Patent Attorney Law prescribed in Section 7; and 
the provisions of Sections 8, 9, 10(2), 17 and 19: -January 1, 1996. -DESIGN LAW -
Attached Table 
(Related to Section 67) 
Person liable to pay 
1. Person filing design application 
2. Person demanding secrecy of design in accordance 
with Section 14(1) 
3. Person requesting interpretation in accordance with 
Section 25 (1) 
4. Person requesting arbitration design 
5. Person requesting cancellation of arbitration decision 
6. Person demanding trial or retrial 
7. Person demanding intervention in trial or retrial IP/NIlIJPN/DI 1 
Page 31 
Amounts 
116,000 per case (18,100 in 
the case of a similar design) 
15,100 per case (12,600 in 
the case of a similar design) 
¥ 4{), ()()() per cas e 
155,000 per case 
127,500 per case 
Y55,000 per case 
Y55,000 per case 