Revisions to IP Laws - Restoration of Rights and Expansion of Infringing Actions
July 22, 2022
On July 15, 2022, a Cabinet Order announcing the dates of implementation of some of the previously reported revisions to the IP Laws was approved by the Cabinet.
According to the Order, the importation of infringing goods by a third party such as a courier will be regarded as infringement of Design/Trademark rights as of October 1, 2022.
Further, the criteria for accepting procedures initiated after the expiry of a specified period will be relaxed from the criterion of a "justifiable reason" to the criterion of "unintentional" delay as of April 1, 2023. This revision is likely to increase both the possibility of such procedures being accepted as valid procedures and the possibility of rights/applications being restored in some cases. The surcharges for such procedures are to be set as follows.
Patent-related procedures | JPY 212,100 |
Utility model-related procedures | JPY 21,800 |
Design patent-related procedures | JPY 24,500 |
Trademark-related procedures | JPY 86,400 |
Summary prepared by the International Information Group
Please use the contact form below for inquiries or comments.