Japanese Patent & Utility Model

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Japanese Patent & Utility Model FAQs

Utility Model

1. Is it required to change how the registered Japanese Utility Model is marking on the products regarding the expired Utility Model rights?

The utility model marking must be deleted on products upon the expiration of the registered utility model.  Please note that violation of prohibition of false marking lead to imprisonment with labor not exceeding one year or to a fine not exceeding 1,000,000 yen.

Please refer to Japanese Utility Model Law, Article 52 (Prohibition of False Marking) and 58 (Offense of False Marking)

 

Prohibition of False Marking

52. The following acts shall be unlawful:

(i) the marking of an article not covered by a registered utility model, or the packaging of such article, with an indication of a utility model registration or confusingly similar indication;

(ii) the assignment, lease or display for the purpose of assignment or lease of an article not covered by a registered utility model, where such article or its packaging is marked with an indication of a utility model registration or confusingly similar indication;

(iii) the inclusion in an advertisement of an indication that an article is covered by a registered utility model or a confusingly similar indication, for the purpose of causing others to manufacture or use the article or of assigning or leasing the article, where it is not covered by a registered utility model.

 

Offense of False Marking

58. Any person infringing Section 52 shall be liable to imprisonment with labor not exceeding one year or to a fine not exceeding 1,000,000 yen.