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What types of IP can you register?
In Japan, you can protect your IP with a trade mark, patent, design right or PBR.
What to consider
Before applying, make sure you:
- Understand what's considered a trade mark in Japan and if your trade mark is eligible for protection
- Consider whether you should apply for a trade mark in Australia first
- Know the cost of applying for a trade mark in Japan and through the Madrid System
- Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your trade mark hasn't already been protected in Japan. An IP professional can help you with this.
How to apply
There are two ways to apply for a trade mark in Japan:
- Directly to Japan Patent Office (JPO)
- Through the Madrid System.
What to consider
Before applying, make sure you:
- Understand what's considered patent in Japan and if your idea is eligible for protection
- Consider whether you should apply for a patent in Australia first
- Know the cost of applying for a patent in Japan
- Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your idea hasn't already been published. An IP professional can help you with this.
- Know about special filing requirements. For example, you'll need to provide a Japanese translation of your application documents.
How to apply
There are 2 ways to apply for a patent in Japan:
- Directly to Japan Patent Office (JPO)
- If you have a provisional application, you'll need to file within 12 months to secure your priority date.
- Through the Patent Cooperation Treaty (PCT)
- If you have an international application, you can apply to JPO and convert your application into a Japanese patent application. This is called 'entering the national phase'.
You may also be entitled to fast track examination under the Global Patent Prosecution Highway.
What to consider
Before applying, make sure you:
- Understand what's considered a design right in Japan and if your design is eligible for protection
- Consider whether you should file your design right application in Australia first
- Know the cost of registering a design right in Japan
- Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your design right hasn't already been published. An IP professional can help you with this.
How to apply
For a design right in Japan, apply directly to the Japan Patent Office (JPO).
Apply via JPO
What to consider
Before applying, make sure you:
- Understand what's considered a PBR in Japan and if your plant variety is eligible for protection
- Consider whether you should apply for a PBR in Australia first
- Know the cost of registering a PBR in Japan
- Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your PBR hasn't already been registered in Japan. An IP professional can help you with this.
How to apply
For a plant breeder's right in Japan, apply directly to the Plant Variety Protection Office (PVP Office).Apply via the PVP Office
What other IP can you register?
Japan also administers IP rights for integrated circuit layouts, geographical indications and utility models.
Integrated circuit layouts
The Japan Patent Office (JPO) is responsible for registering integrated circuit layouts in Japan.
Geographical Indications
The Ministry of Agriculture, Forestry and Fisheries (MAFF) is responsible for registering geographical indications in Japan.
Utility models
A utility model is a patent-like intellectual property right to protect inventions. JPO is responsible for registering utility models, which share some characteristics of a patent, and may be considered simpler inventions.
What can be protected without registration?
Copyright
As in Australia, copyright in Japan arises automatically when creative material is made.
Trade secrets
There's no formal application or registration process for trade secrets in Japan.
Further guidance
- To learn more about intellectual property in Japan, visit the Japan Patent Office.
- To find out more about Japan's World Intellectual Property Organization (WIPO) membership, check out Japan's WIPO member page.
- If you're considering exporting to Japan, the Export Council of Australia provides information on licensing, clearances and access to finance and trade agreements.
- For information about Japan's export market and economy, you can check Austrade and DFAT's profiles on Japan.