Designs and Models

– Design Protection Act 1971, last amended on April 26, 2019, Decree on Formalities 1971 and Classification of Goods 1973.
– The Directive 98/71/EC of the European Parliament and Council.
– The Council Regulation (EC) No. 6/2002 of December 12, 2001 on Community Designs.
– The Council Regulation (EC) No. 2245/2002 implementing Council Regulation (EC) No. 6/2002 on Community Designs, as amended on July 24, 2007.

Membership in International Conventions

– Paris Convention for the Protection of Industrial Property, Stockholm Act.
– Convention establishing the World Intellectual Property Organization (WIPO), since September 8, 1970.
– Locarno Agreement Establishing an International Classification for Industrial Designs, since May 16, 1972.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since August 26, 1985.
– WTO’s TRIPS Agreement, since January 1, 1995.
– Hague Agreement Concerning the International Registration of Industrial Designs, Geneva Act, since May 1, 2011.

Filing

Applicant: the creator of the design or his assignee. The assignee must make a confirmation on his right to the design.

Novelty: a design is registrable only if substantially different from prior art which comprises: (1) everything made available to the public, whether by reproduction, exhibition or otherwise, anywhere in the world; and (2) the contents of a design, patent or trademark application of an earlier date filed in this country and not yet available to the public, provided that the application is later made available to the public. Grace period: under the amended Design Protection Act there is a twelve-month grace period for disclosures made by the designer. Previously, any disclosure of the design, whether or not by the designer, prior to filing an application for registration, would prevent a registration. With the new twelve-month grace period designers will be allowed to exhibit and market their products, and apply for design registration after that disclosure within twelve months of the earliest public disclosure of the design. It is crucial to note, however, that if a third party, not acting upon what the designer has disclosed, shows the same or similar design which they have created independently, prior to the designer’s application date, then this other disclosure will prevent registration even if it was inside the immediate twelve-month grace period. Therefore, it is recommended to apply for registration as soon as possible, and not wait to be copied before reacting.

Protection: protection will apply to parts of products and to component parts. Moreover, protection for a component part for “repair” of a complex product is still possible in Finland, but for a shorter time period (max. fifteen years). Under the amended Design Protection Act a registrable part of a product could e.g. be the neck of a bottle, irrespective of the shape of rest of the bottle. A component part of a complex product, once it has been incorporated into the complex product, must remain visible during normal use of the latter and the parts visible must themselves possess individual character in order to be registrable.

Multiple application: several designs may be combined in one multiple application. This possibility is subject to the condition that the products in which the designs are intended to be incorporated or to which they are intended to be applied all belong to the same class of the International Classification of Locarno.

Priority: single, multiple and partial priorities. The priority must be claimed together with the filing of the application. Priority documents have to be filed only upon request.

Priority term: six months (Paris Convention).

Filing requirements for an online or paper application (to be sent to resident agent):
1. 1 or more pictures (drawings, photos) showing all aspects of the design. 3 sets must be filed (maximum size: 21 x 29.7 cm) in a paper application; pictures must be suitable for black and white reproduction. A model may also be filed, not larger than 40 x 40 x 40 cm or heavier than 4 kg;
2. Power of attorney;
3. Declaration that the assignment from the creator has been concluded, if the applicant is not the creator.

For a change of name:
1. A copy of the extract from the Commercial Register or any other document showing the change of name and the applicant's business/trade ID number if not seen on the document.

For a change of address: no documents are required.

Examination

Examination: formal and as to novelty. The Patent Office shall consider everything brought to its attention by search ex officio, opposition, or otherwise.

Opposition: the opposition period starts from the registration. Anyone may file an opposition within two months from the publication of registration.

Appeal: a party to a decision of the Patent Office may appeal the decision to the Market Court. The decision of the Market Court may with leave to appeal be appealed to the Supreme Administrative Court.

Publishing: documents are public immediately after filing, but may, upon request, be kept secret up to six months after the filing or the priority date.

Granting

Delivery of document: the registration certificate is issued in paper format.

Duration: a design registration gives to its owner an exclusive right to use that design for a maximum period of twenty-five years, subject to renewal every five years. The maximum term of protection for a component part for repair of a complex product is limited to fifteen years.

Refusal of Protection after Registration

If a design has been registered contrary to the provisions. For a multiple application, partial refusal is also possible.

International Registration of Industrial Designs

The European Union (EU) and Finland have joined the Geneva Act of the Hague Agreement. The system became operational for businesses in the EU on January 1, 2008 and in Finland on May 1, 2011. Applicants can obtain protection of a design with a single application in the territories of the whole EU, in Finland and also in the countries which are members of the Geneva Act. The Hague system is administered by the International Bureau of WIPO.