Asia IP

As part of the country’s continuing efforts to become the world’s leading “IP-based nation,” the Japanese government has introduced extensive amendments to its IP laws, says Aki Ryuka, president of Ryuka IP in Tokyo.

“Under the new trademark act, registrable marks will be expanded to include new types of marks, such as sound marks, colour per se marks, moving (animation) marks, hologram marks and position marks, which can already be protected in many foreign countries,” Ryuka tells Asia IP.

The new Trademark Act is scheduled to go into effect on April 1, 2015. Ryuka has provided several examples of new types of marks from foreign registrations, below.

Entity eligibility for the regional collective trademark system has also been expanded to include associations of commerce and industry, chambers of commerce and industry, and specified non-profit corporations, Ryuka says. The amended provisions related to the regional collective trademark system took effect on August 1, 2014, and will further promote and protect regional brands.

Amendments to the trademark examination guidelines are currently being discussed by the government committee. Chiaki Kato, a partner at Ryuka IP, is a member of the committee.

Position mark, Class 25 (Women’s high fashion designer footwear). Owner: Christian Louboutin

Colour per se mark, Class 35 (retail services at convenience stores). Owner: 7-Eleven