November 7, 2018
The ID5 (Industrial Design 5 Forum), which consists of the Japan Patent Office (JPO), the United States Patent and Trademark Office (USPTO), the European Union Intellectual Property Office (EUIPO), the China National Intellectual Property Administration (CNIPA), and the Korean Intellectual Property Office (KIPO), held the Fourth ID5 Annual Meeting and adopted the ID5 Joint Statement, a statement through which ID5 will jointly aim to consolidate protection of new technological designs against the backdrop of advancement of the Fourth Industrial Revolution.
In addition, the ID5 will embark on new efforts to contribute to future international harmonization and enhanced user-friendliness of the industrial design protection systems.
Against the backdrop of dramatic economic globalization and product commoditization, more and more companies are understanding the significance of design in acquiring and maintaining international competitiveness. Meanwhile, attractive designs that contribute to differentiation of products and services are highly likely to be targets of counterfeit. To avoid this situation, offices responsible for design protection system should develop an environment in which users are able to smoothly protect stable design rights worldwide and be secure in making use of such rights.
As one of the international efforts to address this situation, the JPO, USPTO, EUIPO, CNIPA and KIPO jointly inaugurated the ID5, an international cooperation framework in the field of industrial designs, in 2015. The ID5, with which more than 80% of worldwide applications for design registration are filed, aims to enrich mutual understanding and fortify international cooperative relationships.
2. Major achievements of the meeting
At the fourth annual meeting, the ID5 achieved the following outcomes, which are expected to contribute to consolidating international cooperation for industrial design protection, encouraging international coordination in future operation of design protection systems, and improving user-friendliness.
- Consolidating protection of new technological designs
The ID5 compiled the results of comparative research concerning the design protection systems of the five offices, including practices for the protection of new technological designs which are derived from digital technologies (e.g., GUI), requirements for protection of various designs, partial design and grace period. In addition, it held an ID5 User Session and shared information on the research results with users of the five offices.
In particular, the ID5 focused on the protection of new technological designs, and adopted the ID5 Joint Statement, an agreement through which the ID5 will jointly aim to consolidate protection of new technological designs, focusing on the ongoing expansion of use of such designs against the backdrop of the advance of the fourth industrial revolution. Moreover, at the user session, the five offices and their users had a frank exchange of views, while user representatives made presentations concerning the importance of protecting the large variety of new technological designs, and requested international harmonization in operating the design protection systems.
- New efforts for international coordination of the design protection systems
The ID5 adopted six new cooperation projects as below that are expected to contribute to international coordination and enhancement of user-friendliness of the design protection systems.
・3D Printing and Design Protection
・Non-patent literature Data Resources among ID5 Offices
・Quality Management at the ID5 Office
・Admissibility of Internet Information as Legitimate Disclosure for Novelty Examinations
・Remedies and Relief for Industrial Design Infringement
・ID5 Recommended Design Practices
Specifically, the ID5 focused on the development of ID5 Recommended Design Practices on the basis of the draft Design Law Treaty (DLT). The DLT aims to achieve international harmonization in procedures for filing design applications (formality requirements), but discussions for the adoption of the treaty have been stagnating at the World Intellectual Property Organization (WIPO). The ID5 decided to launch a new project for advancing internationally coordinated design practices and agreed that the JPO and USPTO will lead the project.
- Further development of cooperation among the five offices
The ID5 agreed that its 2019 annual meeting will be held in Japan and that the JPO will serve as the secretariat for the meeting. As the year 2019 will be a milestone marking the fifth year since the inauguration of the ID5, at the 2018 annual meeting, the JPO presented a proposal on the future development of ID5 cooperation. At the 2019 annual meeting, the ID5 will hold discussions on future directions of cooperation to consolidate international coordination and enhance quality of design rights, while taking into consideration the past achievements of the ID5.
3. Future actions
Increasing the closeness of ID5 collaboration, the JPO will continue to make efforts for developing an environment in which valuable designs are protected and utilized worldwide in a more appropriate manner.
Division in Charge
- Design Division, Patent and Design Examination Department (Physics, Optics, Social Infrastructure and Design), JPO
- International Cooperation Division, Policy Planning and Coordination Department, JPO