Nouvelle-Zélande

Japon

Dessins et modèles industriels

1. In Section 3(2) of the Design Law it specifies that designs which "could have been easily created ... by someone skilled in the art to which the design pertains, on the basis of a shape, pattern or colour [sic] or any combination thereof widely known in Japan" shall not be registered. Please explain how this conforms to Article 25.1 of the TRIPS Agreement which states that "Members may provide that designs are not new or original if they do not significantly differ from known designs or combinations of known design features".

"Designs that could easily have been created on the basis of a shape, pattern or colour or any combination thereof widely known in Japan" provided for in Article 3(2) of the Japanese Design Law correspond to designs that "do not significantly differ from known designs or combinations of known design features" referred to in Article 25.1 of the TRIPS Agreement. Furthermore, " a shape, pattern or colour or any combination thereof widely known in Japan" provided for in Article 3(2) of the Law corresponds to "known designs or combinations of known design features" referred to in Article 25.1 of the TRIPS Agreement. Since the condition "widely known in Japan" for the exception to registrability of designs is more restrictive than the condition "known" referred to in the Agreement, a wider range of designs could be deemed eligible for registration under the Law than under the Agreement.