On the official website of the Ministry of Economy, Trade and Industry of Japan it was announced that on November 9, 2020, the design of a pure “image” which does not specify the article on which to be displayed was registered for the first time under the revised Design Law that came into effect on April 1, 2020.

Ministry of Economy, Trade and Industry (Japanese)
https://www.meti.go.jp/press/2020/11/20201109002/20201109002.html

Before the 2019 law amendment, when applicants from outside Japan applied for “image” type designs in Japan using priority under the Paris Convention, it was often difficult to decide how to prepare appropriate drawings.

In Japan, “image” type designs had been registrable as part of an article if it was an image displayed on the display of a device even before the revision of the law, but now the “image” itself that is not embodied on the article can be registered.

For example, an icon image in which the shape of the device is not portrayed in the drawings or an image projected on a place other than the article had not been subject to protection, so in principle such a design was subject to refusal and not able be registered before the revision of the law.

Clock display image projected on the wall

Icon

Graphic image projected on roads

Overview of Amendment of Examination Guidelines for Design (English)
https://www.jpo.go.jp/e/system/laws/rule/guideline/design/shinsa_kijun/document/index/overview20200401.pdf

Under the revised law, it is now possible to register the design of the image itself, which is not specifically tied to an article as described above.

The following is an overview of the first registered “image” type design and an overview of Japanese application formats.

The Design Registration No. 1672383
“Image for displaying vehicle information” (Koito Manufacturing Co., Ltd.)

The purpose of this registered design is to make it easier for other drivers to recognize the presence of the vehicle and to make it easier for the driver of the vehicle to recognize the area of the road surface around the vehicle with the image illuminated on the road surface. In Japan, it is necessary to make the use of the image clear in the application documents.

The submitted drawings are the following 7 drawings. Our comments explain what is stated in the application.

Figure title	Figures	Commentary
[Graphic image view]		This figure shows the main state of the image projected on the road surface by a vehicle
[Graphic image view showing the change 1]		When the vehicle changes direction, the image projected on the road surface changes according to the direction of the vehicle.
[Graphic image view showing the change 2]		When the vehicle changes direction, the image projected on the road surface changes according to the direction of the vehicle.
[Reference view showing a state in use 1]		These are reference figures showing the positional relationship with the vehicle and how the claimed image will be displayed on the actual road surface. They do not limit the shape of the vehicle. From these figures, it can be understood that the image to be protected is illuminated on the road surface around the vehicle when the vehicle is in use.
[Reference view showing a state in use 2]
[Reference view showing a state in use 3]
[Reference view indicating a transparent part]		It is a drawing to explain that the part with hatching by fine diagonal lines is transparent (blank part). Although it does not directly specify the design, it is a reference drawing often used in Japan.

This revision of the law opens up the possibility of broad protection of images projected onto roads, displayed on screens, and transitional images.

As of November 9, 2020, there is only one “image”-type design registered under the revised law, but we hope that we can learn more about the revised law through the accumulation of future registrations.

If you would like to find out more about the 2019 revised Design Law, and how the revisions can be beneficial in protecting your intellectual property, please contact us.