Japanese court recognizes copyrightability of industrial design for the first time – the Tripp Trapp chair case

Author: Yoshimi Ohara

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Publisher: Nagashima Ohno & Tsunematsu

Journal / Book: NO&T Japan Legal Update No.2 (August, 2015)

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*Please note that this newsletter is for informational purposes only and does not constitute legal advice. In addition, it is based on information as of its date of publication and does not reflect information after such date. In particular, please also note that preliminary reports in this newsletter may differ from current interpretations and practice depending on the nature of the report.

I. A new trend?
On April 14, 2015, the Tokyo Intellectual Property High Court for the first time
recognized the copyrightability of industrial design in a case involving the
well-known highchair, Tripp Trapp. The chair was designed by Peter Opsvik and
is produced by Stokke AS. This decision was ground breaking as the Tokyo IP
High Court in effect followed the German Supreme Court’s so-called ‘birthday
train’ decision of 2013 by no longer requiring higher creative originality in order to protect applied art under copyright. NO&T represented Stokke AS and Peter Opsvik
AS in the Tokyo High Court.

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