JAPAN Law and Practice Contributed by: Junichi Ueda, Etsuko Hara, Nobuto Shirane, Takahiro Hayase, Yutaka Shimoo and Miki Goto, Anderson Mori & Tomotsune
A design right will become effective upon regis - tration. The duration of a design right, in princi - ple, expires 25 years from the date of the appli - cation for design registration. The holder of a design right has the exclusive right to commer - cially exploit the registered design and designs similar thereto. As for remedies for infringement, the holder of a design right may file a claim for: • an injunction; • disposal of infringing compositions, etc; • damages; • restoration of credibility; or • restitution of unjust enrichment. There are presumptive provisions regarding the amount of damages that may arise as a result of an infringement of design rights. Acts of importing products that infringe design rights are subject to border control measures under the Customs Act. Any intentional infringe - ment of a design right is also subject to criminal penalties. 7.4 Copyright A person who creates a work (the author) enjoys the moral rights of an author and the copyright with regard to the work. “Work” in the Copy - right Act is defined as a creatively produced expression in which thoughts or sentiments are expressed and that falls within the literary, aca -
The copyright includes the right of: • reproduction; • stage performance and musical performance; • on-screen presentation; • public transmission;
• recitation; • exhibition; • distribution; • transfer; • rental; and • adaptation.
Certain neighbouring rights are also granted to performers, producers of phonograms, broad - casters, and cable-caster organisations. There are no formalities that have to be met in order to enjoy legal rights under the Copyright Act. The duration of a copyright begins at the time the work is created. A copyright subsists for a period of 70 years after the death of the author. The copyright does not prohibit (and hence does not restrain other persons from): • the reproduction of the work for private use; • the exploitation of works concerning inciden - tal subjects; • work in the course of consideration; and • any other exceptions separately provided for in the Copyright Act. In recent years, a number of more flexible excep - tions have been introduced to promote the use of AI and big data. If the ownership of copyright is transferred to another person, the licensee has the right to continue to use the work as a matter of course.
demic, artistic or musical domain. The moral rights of authors include: • the right to make a work public; • the right to attribution; and • the right to integrity.
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