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Introduction

Almost two-and-a-half years have now passed since the revised Design Act (the “Revised Act”) came into effect, and many applications for subject matter newly protected by the Revised Act have been registered, such as GUIs, buildings, and interior designs. Following the last issue, in this article, we continue to introduce some examples of design registrations under the Revised Act, focusing especially on buildings.

 

Number of Applications and Registrations for Buildings

The Japan Patent Office (“JPO”) continually updates statistics on the number of design applications and registrations for buildings filed under the Revised Act and released the latest statistics on October 11, 2022:

(Source: https://www.jpo.go.jp/system/design/gaiyo/seidogaiyo/document/isyou_kaisei_2019/shutsugan-jokyo.pdf)

Since October 1, 2021, the number of applications and registrations for building designs has increased by about 300 and 200, respectively, which indicates that applicants continue to apply for and register designs for buildings under the Revised Act.

 

Expansion of Protection for Buildings by the Revised Design Act

Before the revision, the Design Act stipulated: “‘Design’ in this Act means the shape, patterns or colors, or any combination thereof, of an article….” Therefore, under the former Act, buildings were registrable if applied as movable prefabricated houses that can be traded as articles (or goods).
In the Revised Act, buildings that are regarded as estate and immovable property became protectable due to the redefinition of a protectable “design” under Article 2(1) as “the shape, patterns, or colors, or any combination thereof, of an article… the shape, etc. of a building….”
It should be noted that interior designs are registered as a set of articles, buildings, or graphic images under Article 8-2, which is an exception to the “one application per design” rule, as explained in the last issue.

 

Examples of Registrations for Interior Designs

We present examples registered as buildings in the following section:

(1) JP1671773 for “Building for commerce” by FAST RETAILING CO., LTD.

(2) JP1674140 for “Office” by OBAYASHI CORPORATION

(3) JP1723013 for “House” by GOODLIFE CO.
This design relates to an indirect lighting fixture on a wall of a house.

 

Conclusion

Under the revised Act, various types of building designs, including not only exteriors but also interiors, can now be registered. Therefore, design registrations as building and/or interior should be considered to properly protect creative building/interior designs that should lead to enhance brand value and also increase the value of the products or services provided in the building. As stated above, interior designs are registered as a set of articles, buildings, or graphic images under Article 8-2 while the exteriors and interiors of the building are also registrable as building. In a subsequent issue, we will elaborate difference in the conditions for registration between “building designs” and “interior designs” under the Revised Act and how the protection for these designs may be sought.