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Q. What is a design?


A design is a monopoly right giving — as compensation for disclosure of a design — exclusive use of the design for a certain time to the design’s creator (Design Law Article 3) or to a party to which the creator has transferred its design rights (Design Law Article 15(2)), including an employer to which the creator has transferred such rights (Design Law Article 15(3)). Japan's Design Law states that a "design" is a “shape, patterns, or colors, or any combination thereof, of an article (including a part of an article) . . . which creates an aesthetic impression through the eye[s]” (Design Law Article 2(1)), including a design shown as a graphic image on a screen that is provided for use in the operation of the article (Design Law Article 2(2)).


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