Strategic Design Applications Tailored to Our Client’s Products
Design Act of Japan provides for a partial design system, which allows one to seek protection to shape, patterns or colors, or any combination thereof of a part of a product, and a related design system, which grants independent rights to designs similar to each other.
After all, a right to a design pertains to shape, patterns, etc. and, as such, is often considered to be narrow in scope of protection.
It is possible, however, to expand from a narrowly defined scope to a broadly defined scope and enhance the usefulness of the rights accordingly, by taking advantage of the aforementioned systems. Primeworks proposes strategic design applications tailored to our client’s products.
We have proven track record in appeals and litigation and can provide one-stop service in all areas because we are staffed by lawyers.
We not only support foreign applications in developed countries but also in emerging countries in Asia, Middle East, Africa, etc. Acts of imitation in overseas have grown more and more sophisticated. Copying of a product design without using a trademark cannot be addressed by the trademark right alone. A design right provides countermeasures against those products that mimics the appearance of our client’s products. Since a design can be identified immediately from drawings, a design right could prove more effective as border control measures against counterfeit goods than a patent right. Since a design right is identified from drawings, the translation cost associated with foreign applications is kept low so that you can obtain a right economically.
Fields
We handle all product areas (please see our track record below).
- Electric devices / home electronics
- Clothing / accessories
- Automobile parts / automotive supplies
- Entertainment goods
- Medical devices
- Food containers
- Daily necessaries
- Furniture / Buddhist altar articles
- Construction supplies / household goods
Services
Design Mining and Consultation
We conduct hearings on product and packaging designs under development to identify the scope of designs that should be protected as design rights. We offer consultation on design rights strategies, including the utilization of the Related Design System.
Design Registration Filing
We assist with the full process of protecting your company’s designs, from initial consultation through filing to eventual registration.
Office Action Response
If a notice refusing design registration is received from the JPO Examiner, we aim to secure the design right by preparing and submitting an Argument (Statement of Opinion) and an Amendment to overcome the reasons for refusal.
Legal Opinions (Infringement and Validity Opinions)
We provide expert opinions on the existence of design right infringement and the validity of design rights from a professional perspective.
Licensing and Contract Support
We support the drafting and negotiation of IP-related agreements, such as design right licensing contracts.
Trial and Litigation Support
We support procedures related to requests for design invalidation trials, infringement lawsuits, and appeal against examiner’s decision lawsuits, legally protecting your designs.
