Japan government has announced the latest amendments to the Patent Act and Trademark Act to be effective as from April 1, 2015. The following are highlights of these amendments.
New Patent Opposition Proceeding
A dual system of opposition and invalidation trial proceedings had been enforced in Japan but the opposition proceeding was then abolished in 2003. In view of the changing environment of IP protection and the patent strategy of industries, it is now reintroducing a new opposition proceeding in addition to the prevailing invalidation trial proceeding. Per this new opposition proceeding, anyone can file an opposition within 6 months from the grant of a patent, yet only the party in interest can file an invalidation for granted patent. The opposition will be examined based on the documents as filed and no oral hearing will be held. Also, the opposer cannot lodge an appeal against the opposition decision if the opposition is rejected, whereas the patentee can lodge an appeal against the unfavorable decision.
Registrable Non-Traditional Trademarks
Non-traditional trademarks in the past years were not allowable for registration in Japan. But the applicant can now file non-traditional trademarks include sound trademark, color per se (or colors combination) trademark, hologram trademark, motion trademark and position trademark, but exclude scent or taste trademark.
Regional Collective Trademarks
The registration of regional collective trademarks of goods and services has been allowable in Japan since 2006. Well known examples include Matsuzaka Beef, Wakayama Ramen, Yubari Melon, etc. However, such registration of regional collective trademarks was not applicable to those Japanese commercial and industrial associations or non-profit organizations (NPO). The restriction has now been lifted so that these associations and organizations are eligible to file registration for their regional collective trademarks.
