Japanese Design Law and Practice


Book Description

Japanese Design Law and Practice' is the only book in English that provides a detailed overview and discussion of product design protection and practice under Japanese law. Japan is a significant hub of product design, and Japanese designs have made their mark in the world across a wide range of industries. The book features an analysis of the design law (including the far-reaching 2020 amendments) and how it has been applied by Japanese courts and the Japan Patent Office. A unique feature of the book is that it includes not only an examination of the design law by legal experts but also a discussion of design protection from the perspective of Japanese designers.




Japanese Design Law and Practice


Book Description

Max Planck Series on Asian Intellectual Property Law Volume 18 Indisputably, Japan is today a major hub of product design, and designs made in Japan play an influential role in the world across a wide range of industries. This is the first and only book in English to provide a detailed overview and discussion of product design protection and practice under Japanese law. In addition to expert analysis of the application of design law by Japanese courts and the Japan Patent Office (including the far-reaching 2020 amendments), the book features seven contributions by Japanese product designers from specific industries who describe the product design process in their industry and its legal ramifications worldwide. With in-depth description and analysis and many detailed explanatory figures and tables, the contributors cover such issues and topics as the following: ownership of design rights; requirements for design protection; application process for design registration; examination procedure; appeals and invalidity trials; design infringement and scope of protection; overlap of design and other intellectual property rights; design protection and competition law; international jurisdiction and governing law; and design rights and commercial transactions. Industry-specific chapters cover the application of design law in furniture, home appliances, cell phones, cars, advertising, product packaging, web design, and typeface design. The book concludes with a chapter highlighting differences in design law in Japan and the European Union. Given that Japanese design experts often note a lack of understanding of Japanese design law and practice by foreign companies, this book will appeal to law firm practitioners and in-house counsel involved in global design right portfolio management and design protection in Japan. It will also appeal to intellectual property scholars and product designers with an interest in Japanese design practice and law.




History of Design and Design Law


Book Description

For the first time, this book provides an up-to-date history of product design and product design law covering 17 countries — Japan, Korea, China, Singapore, the United Kingdom, Germany, France, Italy, the Nordic countries (Denmark, Finland, Iceland, Norway and Sweden), Russia, the United States, Brazil and Australia — selected for their innovative or influential approach to design or design protection. Each country is the subject of two chapters — one on the history of design and the other on the history of design law — authored by experts in design and intellectual property (IP) law. This unique interdisciplinary approach explains why and how various national design protection systems (that can include design, copyright, trade mark, competition and civil laws) developed, making it an ideal book for students, researchers and lawyers. The book also serves as an international survey of different national policy and legal responses to historical developments and specific design and legal issues allowing readers to consider their advantages and disadvantages — and so is also recommended for policy and law makers, as well as organizations that administer IP rights. Topics include the subject matter of design protection; procedural and substantive requirements; design registration; infringement; and the overlap of design rights and other IP rights. The chapters on design history provide further context to the historical development of these legal concepts by considering major design movements, key designers and iconic designs and the current state of design. The chapters highlight the connected and often complementary relationship between the two histories, not only for each country, but at the regional and international level, often as a result of government policies, trade, colonialism, immigration and globalisation. Design and design practice continue to become more global and evolve with developments in technology. At the same time, design laws are not internationally harmonized and continue to develop at the national level, with a number of significant changes occurring in recent years. This timely book shows how the lessons of the past continue to inform the future direction of design and the legal systems developed to protect it.




History Of Law In Japan Since 1868


Book Description

A careful analysis of Japan's dealings with its legal system through a time of unprecedented change (1868- 1960). A must for scholars of Japanese studies, historians and jurists alike.




Research Handbook on Design Law


Book Description

Written by expert scholars and practitioners, this unique Research Handbook presents the state of the art in research on, and the practice of, international design law. Combining cutting-edge research with a practical approach, it examines key trends and covers key cases, regional and national laws, as well as concepts of international design protection. In particular, the U.S. framework is compared with the regime of the EU, and issues relating to the Hague Agreement are also covered.







Design Law


Book Description

This book provides a comprehensive assessment of the current legal landscape of global design law. It includes practice-based and analytical accounts of national design laws from several representative jurisdictions and delves into the practical and theoretical dimensions of some of the most urgent procedural issues facing this legal field.







The Dynamics of Regional Innovation


Book Description

All over the world, open innovation is emerging and requires much more interactions between different actors with different organizational cultures: large firms and SMEs (i.e. industry), universities and research institutions (i.e. academia), as well as national and regional authorities for building the legal or incentive framework of innovation (i.e government). Certainly, flows of knowledge between these three spheres, which are also known as the triple helix, have always existed; but what appears to be new in an open innovation environment is the overlapping of their missions. In many areas such multi-actor interactions with overlapping roles did not emerge spontaneously, as was the case with the United States. Based on robust cases studied by researchers and practical experiences of personnel involved in innovation at public or private institutions, this book successively discusses the policy framework in Europe and Japan, the new role for universities due to intellectual property reform or technology transfer promotion, the new challenges for firms in terms of licensing, patents, corporate venturing, including entrepreneurship, incubation, venture capital or cross-industry knowledge sharing. All issues addressed in this book are clearly those toward regional innovation policies and practices that are open in nature. It contains descriptions and analysis of the various approaches taken by industrial, governmental, and academic players in various regions of Japan (Tohoku, Tokyo) and Europe (France, Belgium). The mix of theoretical and empirical material collected in this book was first presented at an international symposium in Tokyo. The dynamics of regional innovation is an on-going issue, and we are still standing at the threshold of this field of research. It is exactly why such a book is needed now.