The Registration of Partial Design

Main Article Content

Nitithorn Witoonnopparuj

Abstract

This article is the conclusion of the content of a thesis on the Registration of Partial Design aiming to study the problems and obstacles regarding the registration of an industrial design by claiming a part of the industrial design under the Patent Act, B.E. 2522 as well as the Ministerial Regulations, the Department of Intellectual Property Regulations relating to the registration of industrial designs. In addition, this article aims to undertake a comparative study of the U.S. and Japanese legal systems in relation to the registration of an industrial design by claiming a part of the industrial design, the representation of drawings, the indication of design claim and other important requirements regarding the registration of an industrial design by claiming a part of the industrial design.


The results reveal that for registration of an industrial design under the Patent Act, B.E. 2522 as well as other related laws, an applicant must register by seeking protection for the industrial design as a whole only, by showing line drawings in unitary solid lines and indicating design claim namely shape, ornamental, pattern or color of the design and cannot disclaim any part of the industrial design.


Therefore, in order to register an industrial design by claiming a part of the industrial design in Thailand, the author suggests that the definition of “Design” must be amended in the Patent Act, B.E. 2522 to cover a part of design, including amendment in the important requirements for design patent application and the relating Ministerial Regulations regarding the representation of line drawings and the indication of design claim.

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How to Cite
Witoonnopparuj, Nitithorn. “The Registration of Partial Design”. Naresuan University Law Journal 12, no. 1 (June 24, 2019): 169-194. Accessed March 9, 2021. https://so04.tci-thaijo.org/index.php/lawnujournal/article/view/178866.
Section
Research Articles

References

Association for the Protection of Intellectual Property. “About AIPPI.” Accessed February 18, 2019. https://aippi.org/about-aippi/.

Beldiman, Dana, and Constantin Blanke-Roeser. An International Perspective on Design Protection of Visible Spare Parts. Switzerland: Springer International Publishing AG, 2017.

Chaiyos Hemarachata. Principles of Intellectual Property Law. 11th ed. Bangkok: Nititham, 2017. [In Thai]

Design Examination Standards Office. Examination Guidelines for Design: Part VII Individual Applications for Design Registration Chapter I Partial Design. Tokyo: Japan Patent Office, 2019.

Design Examination Standards Office. Guide for Making Applications and Drawings for Design Registration. Tokyo: Japan Patent Office, 2017.

Design Patent Office, Department of Intellectual Property, and Ministry of Commerce. Manual for Design Patent Application. Nonthaburi: Design Patent Office, Department of Intellectual Property, Ministry of Commerce, 2016. [In Thai]

Francis, William H., and Robert C. Collins, Cases and Materials on Patent Law Including Trade Secrets-Copyrights-Trademarks. 5th ed. The United States of America: West Group, 2002.

Ito, Hiroyuki. “Feedback from the Japan Patent Office as the Office of a Designated Contracting Party under the Geneva Act of the Hague Agreement.” Paper presented at the Seminar on the Hague System for the International Registration of Industrial Designs, Geneva, June 23, 2016.

Jirasak Rodjan. Patent: Principles and Practice for Protection of Invention and Industrial Design. Bangkok: Chulalongkorn University Printing House, 2012. [In Thai]

Matheson, Sarah, John Osha, Anne Marie Verschuur, Yusuke Inui, Ari Laakkonen, and Ralph Nack. 2018 – Study Question Partial Designs. N.p.: The International Association for the Protection of Intellectual Property, 2018.

Mizuno, Minako. From Filing to Registration of Design. Tokyo: Japan Patent Office, 2006.

Motoyama, Masahiro. “The Copyright/Design Interface in Japan.” In The Copyright/Design Interface Past, Present and Future, edited by Estelle Derclaye, 390-391. Cambridge: Cambridge University Press, 2018.

Patent Office, Department of Intellectual Property, and Ministry of Commerce. The edition 2561 of Manual for Invention Patent and Petty Patent Application. Nonthaburi: Patent Office, Department of Intellectual Property, Ministry of Commerce, 2018. [In Thai]

The International Association for the Protection of Intellectual Property. “Panel Session VIII Partial designs – full protection?.” Paper presented at AIPPI 2017 Sydney World Congress. Sydney, October 16, 2017.

Ulrich, Karl T., and Steven D. Eppinger. Product Design and Development. Boston: McGraw-Hill Higher Education, 2008.

World Intellectual Property Organization. “Industrial Designs What is an Industrial Design?.” Accessed October 18, 2018. https://www.wipo.int/designs/en/.

United States Patent and Trademark Office. “Design Patent Application Guide.” Accessed May 17, 2018. https://www.uspto.gov/patents-getting started/patent-basics/types-patent-applications/design-patent-application-guide.