ホーム > English > Patent > IP Q&A > questions > designqa > Q22. A competitor has a registered design similar to a prospective seller’s product, but the seller’s design was once placed in the market by another distributor in Japan. Can the seller qualify for any advantages due to the prior use?

Q22. A competitor has a registered design similar to a prospective seller’s product, but the seller’s design was once placed in the market by another distributor in Japan. Can the seller qualify for any advantages due to the prior use?

Q22. A competitor has a registered design similar to a prospective seller’s product, but the seller’s design was once placed in the market by another distributor in Japan. Can the seller qualify for any advantages due to the prior use?

A22. Yes. The seller may assert a prior user’s right under the Design Law Art. 29. The fact of prior use also can be used as a ground for invalidating the registered design.