ARTICLE · 21 JANUARY 2017

Case Of "Packaging Box" (Design Right)

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The plaintiff, who holds a design right for a partial design of an article "Packaging Box" (Design Registration No. 1440898; the "Design Right"), alleged against the defendant...

JapanIntellectual Property

Nakamura & Partners

Case of "Packaging Box" (Design right)
　　　　Case No. Heisei 27 (ne) 10077
　　　　Decision date: January 27, 2016
　　　　Court: IP High Court
　　　　(http://www.courts.go.jp/app/files/hanrei_jp/632/085632_hanrei.pdf)

(1) Overview

　　The plaintiff, who holds a design right for a partial design of an article "Packaging Box" (Design Registration No. 1440898; the "Design Right"), alleged against the defendant that the defendant infringes the Design Right by manufacturing and selling its packaging box. The Tokyo district court dismissed the plaintiff's complaint because the registered design and the defendant's design were not similar to each other (Case No. Heisei 26 (wa) 12985; http://www.courts.go.jp/app/files/hanrei_jp/152/085152_hanrei.pdf). The plaintiff then appealed to the IP High court. Conclusively, the IP High court also dismissed the appeal.

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