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Patents/Utility models/Designs

Limitations of exclusive rights:

Use of the patented invention / utility model / industrial design for experimental or research purposes;

A patent / utility model / industrial design right shall not be effective against vessels or aircrafts merely passing through Japan, or machines, apparatus, equipment or other products used therefor; products existing in Japan prior to the filing of the patent / utility model / industrial design application;

Preparation of a medicine as is written in a prescription from a physician or a dentist.

Patent Act of 1959, Article 69, Utility Model Act of 1959, Article 26, Designs Act of 1959, Article 36

Industrial Designs

Trade Marks

A trademark right shall have no effect on any of the following trademarks:

A trademark indicating one's own portrait, name, famous pseudonym, professional name, pen name or famous abbreviation thereof;

A trademark indicating the common name, place of origin, place of sale, quality, raw materials, efficacy, intended purpose, quantity, shape (including shape of packages; the same shall apply in the following item), price, the method or time of production or use of the designated goods or goods similar thereto, or the common name, location of provision, quality, articles to be used in such provision, efficacy, intended purpose, quantity, modes, price or method or time of provision of services similar to the designated goods;

A trademark indicating the common name, location of provision, quality, articles to be used in such provision, efficacy, intended purpose, quantity, modes, price or method or time of provision of the designated services or services similar thereto, or the common name, place of origin, place of sale, quality, raw materials, efficacy, intended purpose, quantity, shape, price, the method or time of production or use of goods similar to the designated services;

A trademark customarily used for the designated goods or designated services or goods or services similar thereto;

A trademark consisting solely of a three-dimensional shape of goods or their packaging which is indispensable for such goods or their packaging to properly function.

Trademark Act of 1959, Article 26