As a DIY project I would like to make a copy of a popular chair of very simple and easily recognizable design made by a Japanese company. I would make it all by myself and only use it privately.
As per my understanding, copying a patented design is illegal in the US even for private non-commercial use, but legal in Germany. How about Japanese law, anybody has a clue?
I understand it doesn’t really matter and nobody will check, but we all know how anal Japanese companies are about copyright. I just want to know if, after making it, I can post pictures on social media and talk openly about it without worrying, or if I should keep it low.
10 comments
Safer to keep it low, I guess?
You never know what might happen.
Carefully read the patent and make one minor change. Crisis averted.
Devil’s advocate: have it made in China, who are they going to sue?
> As per my understanding, copying a patented design is illegal in the US even for private non-commercial use, but legal in Germany.
I know nothing about Japanese law but from my layperson’s POV the US and Germany seem to be the wrong way around in this sentence.
For the US, it isn’t illegal per se, in that patent infringement isn’t a criminal offense only a civil one. So if you created a single patented machine that you use only in your home, the patent holder can only sue for royalties on that single object, which wouldn’t be worth it in most cases.
Is the design even patented in Japan?
I believe in Japan private use / fair use exception is only for copyrights and even then only in limited circumstances. There is no private use exception for patents.
Are you going to turn yourself in to the company that owns the patent? Making it yourself, in private, using it yourself, in private, not for sale….seems like a matter of a company taking a civil lawsuit out against something they didn’t know about.
1. It wouldn’t be worthwhile for the patent owner to sue one individual. The attorney fees are very high. 2. the patent owner would not likely ever know about it unless you advertise it. 3.You said the design was from the 70’s in a comment. That means any patent would be expired by now.
I would suggest keeping it medium/average, as too low could hurt your knees