Summary report of JPO-O/o. CGPDTM Program on Best Practices Exchange in Design Examination

The cooperative program on Best Practices Exchange in Design Examination was conducted virtually on February 12, 2025, from 11:00 a.m. to 1:30 p.m. (IST) between Japan Patent Office (JPO) and O/o. CGPDTM.

The meeting aimed to share insights on the design examination systems followed by India and Japan, with a focus on the Geneva Act of the Hague Agreement. The session began with introductions from delegates of the Japan Patent Office and the O/o. CGPDTM. Mr. Arup Garu, representing India, provided an overview of India’s design examination process under the Designs Act, 2000, and Designs Rules, 2001. He explained that design applications are examined by IPO Kolkata, and apart from the online filing, they can be filed physically in four IP offices (Delhi, Kolkata, Mumbai, and Chennai). He also highlighted the requirements for design registration, including originality, novelty, and non-obscenity, and outlined the pre-registration and post-registration procedures, such as examination, hearings, publication in the Official Journal and issuance of registration certificates.

Following this, Mr. Omagari Kosuke from the JPO presented Japan’s experience with the Geneva Act of the Hague Agreement, which facilitates international design registrations. He explained the process, starting from the filing of an application at WIPO, followed by formal examination, and the international publication of the design. After publication, the design undergoes substantive examination by designated Contracting Parties, with protection granted once all conditions are met. Mr. Kosuke also detailed Japan’s adjustments to align with the Hague System, such as revising its national design standards to allow more flexibility in the number of views required for designs. A key aspect of Japan’s accession to the Geneva Act involved consultation with local industries to address concerns such as the ability to file in multiple countries with a single application and reduced translation requirements. Japan’s successful integration into the Hague System took approximately four years, with substantial efforts devoted to system development and legal preparation.

During the open discussion, delegates from both India and Japan asked questions regarding design registration processes, including divisional applications, the registrability of certain types of designs (such as graphical user interfaces), and how Japan handles confidential copies and refusals. In conclusion, the program provided valuable insights into the design registration systems of India and Japan.

Conclusion:

The session provided valuable insights into the design examination systems of India and Japan, highlighting key procedural differences and the impact of the Geneva Act on international design registrations. The discussions developed mutual understanding and knowledge exchange on design registration processes, industry concerns, and legal adaptations.