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.
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Japanese version
