Japan
MESSAGE FROM THE PRESIDENT
Kyosei International Patent Office
Since our establishment as an IP law firm in 1970, we at
Kyosei International Patent Office have been providing
individuals and a variety of companies and other
organisations with professional services to protect and
enhance their IP rights.
Kyosei’s guiding principle is: ‘Growing together with
our clients.’ Accordingly, in consultation with each
individual client, we formulate and implement strategies
for protecting and promoting each client’s IP interests,
thereby creating new value for our clients.
We have clients not only in Japan but in many different
countries around the world. However, foreign individuals
and companies can encounter unexpected problems
regarding their IP rights in Japan, not only because of
legal considerations unique to Japan, but also due to
Japanese business customs, which sometimes differ from
those in other countries.
We are committed to providing our foreign clients
with solutions best suited to meet their needs, based on
knowledge and expertise we have accumulated from our
long and wide-ranging experience in the Japanese legal
system and in serving overseas individuals, companies,
and law firms. We are thereby able to aid our clients in
overcoming any problems that they might encounter
while advancing their IP rights in Japan.
Our ability to serve foreign clients in Japan and to help
Japanese clients meet their needs overseas is enhanced
by personnel who have competency in a wide variety
of languages, including Chinese, Korean, Vietnamese
and other Asian languages, as well as English, French,
German and other Western languages.
Our services
We can provide individual and corporate clients with a
full range of services necessary to fully protect and make
best use of their IP rights.
Patents
Japan’s Patent Law defines an invention as “the highly
advanced creation of technical ideas utilising the laws
of nature,” (Article 2) and provides that inventions that
can be patented are “those that are industrially applicable,
have novelty, and involve inventive step.” (Article 291).
In Japan, patent rights, which are exclusive rights granted
to an applicant pursuant to the Patent Law, are effective
for 20 years from the date of filing of a patent application.
Trademarks
Japan’s Trademark Law provides that “a trademark is
any character(s), sign(s), or three dimensional shape(s),
or any combination thereof, or any combination thereof
with colours … which is used in connection with the
goods of a person who produces, certifies or assigns the
goods as a business…” (Article 2). Trademark rights
protect trademarks as property, so as to ensure the business
confidence of those who use trademarks. In Japan,
trademark rights are effective for 10 years from the date
on which a trademark is registered.
Designs
Japan’s Design Law defines a design as “the shape,
patterns or colours, or any combination thereof, of an
article, … which creates an aesthetic impression through
the eye” (Article 2). Design rights are effective for 20
years from the date of registration of a design.
In Japan, as explained above, patent rights, utility model
rights, trademark rights, and design rights have unique
definitions and characteristics. Using our extensive
knowledge of these IP rights and Japan’s legal system
in general, we listen to our clients and give each one
appropriate advice, which enables us to appropriately
represent foreign clients in Japan and guide them through
complicated application procedures.
Copyright
Under the Japan Copyright Law, a wide variety of
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