– Consolidated Design Act of January 29, 2019.
Membership in International Conventions
– Paris Convention for the Protection of Industrial Property, Stockholm Act.
– Convention Establishing the World Intellectual Property Organization (WIPO).
– Locarno Agreement Establishing an International Classification for Industrial Design.
– WTO’s TRIPS Agreement, since January 1, 1995.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since December 29, 2006.
– Hague Agreement Concerning the International Registration of Industrial Designs, Geneva Act, since December 9, 2008.
Applicant: inventor (one or more persons) or his legal successor (one or more persons or companies). A corporate body cannot figure as inventor.
Applicants not living in the country: may appoint a representative domiciled in the European Economic Area.
Protection of foreigners: foreigners enjoy the same rights as Danish citizens.
Kinds of designs: article’s appearance or an ornament, decorative as well as utilitarian.
Registrable and not registrable: any new industrial product, which has individual character, is registrable. Design right is not granted when the design is contrary to morality or public order, or to parts of a product solely dictated by technical function.
Novelty: no other identical design or design differing only in immaterial details has been made available to the public before the filing date or priority date. If the design has been made available by the applicant within twelve months before the filing date, this is not novelty destroying (grace period).
Priority: six months from first application. Important: priority must imperatively be claimed on filing.
Objects and parts belonging together: may be filed in the same application.
Embodiments resembling one another: may be filed in the same application.
Territory covered: Denmark (including Greenland as of January 11, 2011 and Faroe Islands as of April 13, 2016). The Geneva Act of the Hague Agreement is also applicable to Greenland (as of January 11, 2011) and to the Faroe Islands (as of April 13, 2016) in respect of designations of Denmark in international registrations.
Filing requirements for an application (to be sent to resident agent):
1. Unlegalized power of attorney (only upon request);
2. Photographs or drawings in perspective;
3. Assignment document, if author is not identical with applicant. Only persons may be authors;
4. Declaration signed certifying that the design has not become publicly available to the applicant’s knowledge;
5. Priority document only to be filed on request, but it should be noted that claim of priority must be set forth on the filing date.
Electronic filing: available.
Electronic signatures: are accepted for all documents.
For a change of name or address: no documents are required for the recordal of a change of name or address. If there is any doubt about the correctness of the name change, documentation may be requested (no legalization).
Amendment of application: clarification and formal amendment on request of the Patent and Trademark Office.
Examination: as to formalities.
Application kept secret: up to six months from filing or priority date.
Opposition: not provided for.
Publication: in “Dansk Designtidende”.
Delivery of document: a problem-free application may be carried through in about one month and a registration certificate is issued in paper format.
Beginning of protection: from the filing date.
Duration: five years.
Extension: possible for four additional five-year periods, except for spare parts where extension is possible for two additional five-year periods only. Grace period: twelve months.
Marking: optional but recommended.
Text of marking: “Dansk designregistrering nr. ….”.
Working: not compulsory.
Assignment: possible. An assignment document and a power are required.
Modification of Protection after Granting
Prior unpublished use: may continue irrespective of design registration.
Prior public use: automatically excludes the establishment of a design right.
Registration: after the publication and/or granting.
Request for revocation/cancellation: any time.
Annulment of registration: in a lawsuit.
Compulsory licenses: may be granted to those who already used the design after the priority date but before the laying open to public inspection.
Expropriation: not provided for.
Prescribed rules in infringement: the proceeding must be initiated within one year after the proprietor learned about the infringement; but not later than three years in case of infringement in good faith.
Prescription of claims to damages: not earlier than one year after registration.
Legal sanctions regarding infringement of registered designs: bad faith: fine, remuneration and damages; in severe cases, imprisonment. Negligence: remuneration and damages. Good faith: remuneration and damages not exceeding profit.
Legal sanctions regarding infringement of design applications: -made publicly accessible (if they mature later on into registration): remuneration and damages; – not yet made publicly accessible (if they mature later on into registration): remuneration and damages not exceeding profit.