[Consultation] Review of design right infringement and remedies

A is a company that operates an online product sales mall and was earning high profits by producing and selling unique-shaped practical goods. These products were featured on broadcasts several times and accounted for a significant portion of A’s sales, and A had completed design registration for them several years ago.

However, A learned that another business operator was selling products with a similar design on their online mall. Accordingly, A inquired with Law firm Veat about measures to protect the design they held and the feasibility of those measures. The Design Protection Act is a law that was renamed from the former Industrial Design Act, and stipulates design registration and relief measures to protect registered designs.

The design right holder can stop infringement and claim damages through the provisions of the Design Act regarding the design. However, even if a design is registered, if it leads to a lawsuit regarding the registered design, the opposing party can file a lawsuit arguing that the registered design is invalid, so this point should be kept in mind.

Law firm Veat determined whether infringement occurred regarding the design held by A against another business operator, and based on the Design Act and related precedents and the opinions of professional personnel, we were able to advise on the relief measures that the design right holder could exercise and the predicted outcomes.

Thank you.

Law firm Veat