[Article / Designs] A consideration of future responses under Japan's Design Act to design protection in virtual spaces (Mitsuhide Hoshino, Patent, October 2025)
更新日：4 時間前
Article information
Article type: Publication review
Categories: Designs / Europe / United States
Main topics: Metaverse
First published on this website: October 1, 2026
Display and classification checked: October 1, 2026 (not a revalidation of the legal analysis)
[Article / Designs] A consideration of future responses under Japan's Design Act to design protection in virtual spaces (Mitsuhide Hoshino, Patent, October 2025)
1. Expanding protection for image designs (GUI protection)
European and US trends contrast.
Europe (EU): The amended CDR (Council Regulation on EU Designs), enacted in October 2024, clarified that virtual objects can be protected without particular limitations. Protection is extremely broad.
US: In registration practice, if an image is integrated with the article of a display screen, even content outside Japan's operation/display images (e.g. virtual shoes or models) may be protected.
<Implications for Japan>
Unlimited expansion as in Europe risks chilling creators' activities. The US article-integration approach, institutionally closer to Japan, is a useful compromise promoting industrial development while loosening the connection to equipment.
2. Extending the scope of working design rights to virtual space (physical to virtual)
The issue is whether design rights for real-world articles (cars, furniture, etc.) extend to digital objects in virtual space.
Europe (positive tendency): The abstract view allows protection regardless of a dimensional change from reality to digital. Digital use of a non-digital design can constitute infringement.
US (negative tendency): Negative views are strong, given concerns about unjust windfalls for right holders, risks to freedom of expression such as photography, and increased examination burdens.
<Possible Japanese responses>
① Extend design rights based only on appearance: Extend rights by similarity of appearance regardless of use. This protects design investment, but requires searching vast amounts of prior designs, posing major examination problems.
② Treat real and virtual as equivalent: Treat them as similar articles only where their virtual functions are recognized as equivalent to real-world ones. This clarifies the standard but may not fully meet protection needs.
3. Conclusions and proposals
Virtual space has no national borders, so responses conscious of international harmonization are essential. When Japan expands its system, balancing industrial development and creative freedom is important.
Rather than seeking a solution solely under design law, a realistic approach is phased legislation while clarifying the division of roles with copyright and unfair competition law.
Original article: https://lnkd.in/g9aQWwpT
Related articles
Updates and corrections
Substantive corrections and additions are recorded separately from classification, related links and display changes.
October 1, 2026: First publication of the author's original LinkedIn text on this website. Article type, categories, topic tags, sources and consultation navigation added.
2026-10-01 | Display maintenance: added case references stated in the original or language-alternate metadata; not a revalidation of legal analysis.
2026-10-01 | Name notation: replaced verified Japanese-script personal names with Roman-letter forms in this English article and its navigation. Legal analysis and original publication date unchanged.
