Provisional Translation
| OTO No. | 405 | Classification | MITI-107 MOE-9 |
|---|---|---|---|
| Date of Acceptance | April 13, 1990 | Ministry/Agency Receiving Complaint | Economic Planning Agency |
| Responsible Ministries | Ministry of International Trade and Industry Ministry of Education, Science, Sports and Culture |
Related Laws | Design Law Copyright Law |
| Complainant | Domestic firm | Exporting Countries | UK |
| Subject | Concerning the nursing bottle for which a design patent has been obtained in the United Kingdom, 1. Elimination of the similar products under the Design Law 2. Elimination of the similar products under the Copyright Law. |
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| Details of Measures | It was explained that: 1. In seeking to eliminate similar products under the Design Law, it is prerequisite that the product be covered by design rights. Because it is already passed some time (2-3 years) since this product was first put on the Japanese market and because it is impossible to activate design rights for products that are not now, it would be very difficult to eliminate products similar to this nursing bottle under the current law and regulation. It was further explained that it would be possible to eliminate similar products under the Unfair Competition Prevention Law if a court injunction were obtained, but that this would take considerable time. 2. It is generally interpreted that the protection of the current Copyright Law does not extend to useful articles in applied-artistic domain which is intended for industrial use such as the shape or design. Because the design of the nursing bottle falls under this applied art category, it is generally thought that it is not eligible for the protection of the Copyright Law. However, it would be up to the courts to decide whether or not the Law applies in such specific case. |
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| Classification of Processing | 1. D 2. D |
Directions | 1. I-a 2. I-a |
| Remarks | |||