ホーム > English > Patent > IP Q&A > questions > designqa > Q21. A product expected to be marketed has been found to include another’s registered design. In such a situation, is a declaratory judgment action available in Japan?

Q21. A product expected to be marketed has been found to include another’s registered design. In such a situation, is a declaratory judgment action available in Japan?

Q21. A product expected to be marketed has been found to include another’s registered design. In such a situation, is a declaratory judgment action available in Japan?

A21. Yes, it is available, but apart from it, everyone can request the JPO to provide an opinion as to whether the product falls within the scope of other registered design under Art. 25 of the Design Law. If the request is made, a collegial body of three Examiners compares the requester’s design with the registered design at issue. The charge is reasonable, and the time is short, as compared with a judicial declaratory judgment action in a court. This system is called “Hantei” accepted as “administrative judgment” which is not enforceable or appealable. However, the judicial judges respect the “Hantei” as an officially recognized opinion.