In brief

The Copyright Law 2019 ("Law") is coming into force on 31 October 2023. The date of enforcement of the Law was set by Notification 218/2023 issued by the chair of the State Administration Council on 18 October 2023. Following the enforcement of the Law, the Ministry of Commerce issued the Copyright Registration Rules (Notification No. 70/2023) on 24 October 2023, to set out the procedures on voluntary copyright registration via the electronic filing system.


Contents

From our discussion with a government official involved with the implementation of the IP laws, the implementing rules, such as the Customs Enforcement Procedures, will be promulgated in the months following the Law's entry into force. For more information about the Copyright Law, please refer to our newsletter published in September 2023.

The four IP laws (i.e., the Trade Mark Law, the Copyright Law, the Industrial Design Law and the Patent Law) were passed in 2019. At present, however, only the Trade Mark Law is in effect.

On 25 October 2023, the MIPD announced that starting 26 October 2023, trade mark right owners may claim priority for new trade mark applications under Chapter (10) of the Trade Mark Law.

The priority right under Chapter (10) of the Trade Mark Law may be claimed based on the ground that the applicant has applied for the registration of, or displayed in an exhibition, a trade mark in a member state to the Paris Convention or World Trade Organization within six months from the initial application/exhibition.

Separately, the Industrial Design Law is also coming into force on 31 October 2023. The date of enforcement of this law was set by Notification 217/2023, issued by the chair of the State Administration Council on 18 October 2023. The Ministry of Commerce has issued the Industrial Design Rules in September to supplement the Industrial Design Law 2019.

In an effort to implement the Industrial Design Law, on 5 October 2023, the MIPD called for the enrolment for the first training course on industrial design registrations.

Link to the Industrial Design Law

We will continue to monitor these developments closely. Should you have questions or concerns, please contact any member of our team.

*****

Japanese version

Contact Information

Copyright © 2024 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.