Designs and Models

– Design Protection Act (1970:485), as amended up to Act (2020:542).
– Design Protection Regulation (1970:486), as amended up to Regulation (2017:1059).
– Amendments made as of July 1, 2002, due to the EC Design Directive 98/71/EC, Law 2002:570.

Membership in International Conventions

– Paris Convention for the Protection of Industrial Property, Stockholm Act.
– Convention Establishing the World Intellectual Property Organization (WIPO), since April 26, 1970.
– Locarno Agreement Concerning the International Classification of Industrial Designs, since April 27, 1971.
– WTO’s TRIPS Agreement, since January 1, 1995.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since May 1, 1999.

Filing

Applicant: the creator of the design or his assignee. The creator must be one or more physical person. The assignee must prove his right to apply for the design registration.

Naming of creator(s): compulsory.

Foreigners and nationals not living in the country: may file applications themselves without use of an agent in Sweden, but it is recommendable.

Kinds of designs and models: a design is defined as the appearance of the whole or a part of a product, which may result from the features of, in particular, the lines contours, colors, shape, texture and/or materials of the products itself and/or its ornamentation. A design for the appearance of a whole product must also show the complete product, whereas a design for a part of a product may show the design in a clear reproduction with the other non-protectable part(s) reproduced in either dotted lines or in a grey scale.

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, except where these events could not reasonably have become known in the normal course of business to the circles specialized in the sector concerned, operating within the European Economic Area, and (2) the contents of a design, patent or trademark application, filed in this country, on an earlier date and not yet available to the public, if the design is later made available to the public. Exception: a design application may be filed for a published design within twelve months from the day the design was made public.

Priority: single, multiple and partial priorities. The priority must be claimed at the time of the filing of the application, and be based on the first application disclosing the design. Priority documents to be filed only upon request. 

Priority term: six months.

Classification: the design application and registration shall be classified in conformity with the Locarno Agreement of International Classification.

Series application: an application may comprise more than one design if the products for which protection is sought are related to the same class. An application for such a joint registration has no limitation as to the numbers of designs filed.

Embodiments resembling one another: must imperatively be filed on the same date and may be filed in the same application.

Filing requirements for an application (recommended) to be sent to resident agent:
1. 1 or more pictures (drawings or photos) showing all aspects of the design. 1 set for filing is acceptable. A model may also be filed;
2. Power of attorney, not legalized, if a representative is used;
3. Assignment document, if the applicant is not the creator;
4. Information of the applicant and his representative, if any;
5. Information if the design shall not be published and kept secret;
6. Fee and the way of payment shall be stated;
7. Signature, clarification of signature, date and place.

Electronic filing: available. Fees may also be paid electronically on www.prv.se

Examination Procedure

Examination: as to formalities.

Opposition: anyone may file oppositions in writing within two months from the publication of acceptance.

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.

Protection

Duration: five years from filing date, maximum of twenty-five years.

Renewal: the registration may be renewed for four more five-year periods.

Modification of Protection after Registration

Cancellation: registrations may be cancelled after court procedure.

Working: not necessary.

Penalty for infringement: fine and full damages.

Assignment: is registered on presentation of an assignment deed (no legalization).