Expansion of the Scope of Protection of Design including Graphic Image
(2)
In the previous article (
Expansion of the Scope of Protection of Design including Graphic Image (1)), we explained that there are basically 2 methods to obtain a design registration for a design including graphic images. This time let us introduce in detail the method of obtaining protection as a “graphic image design” (graphic image itself independent of an article), which has been newly added to the objects of protection.
“Graphic image design” refers to a design in which the graphic image itself is the object of protection under the Design Act, without specifying the article or building on which the graphic image is displayed.
A graphic image is deemed as a design under the Design Act only where it falls under (1) and/or (2) below.
(1) A graphic image provided for use in the operation of the device (hereinafter referred to as a “graphic image for operation”)
(2) A graphic image displayed as a result of the device performing its function (hereinafter referred to as a “graphic image for display”)
A graphic image satisfying both (1) and (2) above also constitutes a design
under the Design Act. Further, it does not matter where the data for displaying
the graphic image is installed, nor does it matter on what kind of things
the data is to be displayed.
Following are examples of graphic images falling under the above (1) and (2).
Example of a graphic image provided for use in the operation of the device
Example of a graphic image displayed as a result of the device performing
its functions
Regarding graphic images that fall under neither (1) nor (2) above, for example, the content of a movie or game or the like, is not deemed as a design under the Design Act. Furthermore, for the subject matter of an application for graphic image design to constitute a graphic image design under the Design Act, it must be creatively cohesive as a single design, and it must fall under either a “graphic image for operation” or a “graphic image for display.”
Therefore, as in the example below for instance, where a filed design does not fall under either a “graphic image for operation” or a “graphic image for display”—like in cases where the application for design registration is only for part of an icon, it is not deemed to fall under a design under the Design Act.
However, if the application is filed as an icon design, and design registration is requested for a part of it (as shown in the part enclosed by the dot line below), the subject matter of the application is deemed as a design under the Design Act.
(Source: “Examination Guidelines for Design” from the web site of Japan
Patent Office)