Consolidate Act No. 89 of 29 January 2019
In case of any discrepancy between the original Danish text and the English translation
of this Act, the Danish text shall prevail.
The Consolidate Designs Act 1)
Publication of the Designs Act, cf.
Consolidate Act No. 219 of 26 February 2017
including the amendments which follow from
section 3 of Act No. 670 of 8 June 2017 and
section 2 of Act No. 1533 of 18 December 2)
2018.
Part 1
General provisions
1.- The creator of a design (the designer), or
his successor in title, may in accordance with
this Act by registration obtain an exclusive
right to the design (design right), cf. section 9.
2.- For the purposes of this Act
(i) “design” means the appearance of a
product or part of a product resulting from the
features of the product itself or its ornamenta-
tion, in particular with respect to lines,
contours, colours, shape, texture or materials,
(ii) “product” means any industrial or
handicraft item, including inter alia parts
intended to be assembled into a complex
1)
product, packaging, get-up, graphic symbols
and typographic typefaces, but excluding
computer programs,
(iii) “complex product” means a product
which is composed of multiple components
which can be replaced permitting disassembly
and re-assembly of the product.
3.-(1) A design right may only be obtained if
the design is new and has individual
character.
(2) A design shall be considered to be new if
no identical design has been made available to
the public before the date of filing of the
application or, if priority is claimed, the date
of priority, cf. section 16. Designs shall be
deemed to be identical if their features differ
only in immaterial details.
(3) A design shall be considered to have
individual character if the overall impression
the design produces on the informed user
differs from the overall impression produced
on such a user by any design which has been
available to the public before the date of filing
of the application or, if priority is claimed, the
date of priority, cf. section 16. In assessing
This Act contains provisions implementing Directive 98/71/EC of the European Parliament and of the Council of 13
October 1998 on the legal protection of designs (EC Official Journal 1998 No. L 289, p. 28). Moreover, this Act
contains provisions implementing parts of Directive 2004/48/EC of the European Parliament and of the Council of 29
April 2004 on the enforcement of intellectual property rights (EU Official Journal 2004 No. L 195, p. 15).
The Ministry of Industry, Business and Financial Affairs
The Patent and Trademark Office, File No. 19/00137
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the individual character of a design the degree
of freedom of the designer in developing the
design shall be taken into consideration.
4.-(1) A design of a component part of a
complex product shall only be considered to
be new and to have individual character if
(i) the component part, once it has been
incorporated into the complex product,
remains visible during normal use of the
product, and
(ii) the visible features of the component part
comply with the requirements as to novelty
and individual character.
(2) Normal use means use of the complex
product by the end user, excluding
maintenance, servicing or repair work.
5.-(1) A design shall be deemed to have been
made available to the public if it has been
published following registration or otherwise,
or if it has been exhibited, used in trade or
otherwise disclosed.
(2) The design shall, however, not be deemed
to have been made available to the public if
(i) the events referred to in subsection 1 could
not reasonably have become known in the
normal course of business to the circles
specialised within the sector concerned,
operating within the European Union, before
the date of filing of the application or, if
priority is claimed, the date of priority, cf.
section 16, or
(ii) the design has been disclosed to a third
party under explicit or implicit conditions of
confidentiality.
6.- A design shall not be deemed to have been
made available to the public if it has been
published during the 12-month period
preceding the date of filing of the application
or, if priority is claimed, the date of priority,
cf. section 16,
(i) by the designer, his successor in title or a
third party as a result of information provided
or action taken by the designer or his
successor in title or
(ii) as a consequence of an abuse in relation to
the designer or his successor in title.
7.-(1) A design right shall not be obtained if
the design
(i) is contrary to public policy or to accepted
principles of morality,
(ii) is in conflict with a prior design which has
only been made available to the public after
the date of filing of the application or, if
priority is claimed, the date of priority, cf.
section 16, provided that the date of filing of
the application for the prior design precedes
the date of filing of the application for the
subsequent design,
(iii) unauthorised
(a) makes use of any of the items listed in
Article 6ter of the Paris Convention for the
Protection of Industrial Property or of badges,
emblems and escutcheons other than those
which are covered by Article 6ter of the said
Convention and which are of particular public
interest,
(b) makes use of another person’s trade mark,
style or other business identifier,
(c) makes use of a work protected by
copyright law or
(d) contains an earlier design.
(2) An earlier design means a design
protected by
(i) an application or a registration in this
country
(ii) an application for or a registration as a
Community design,
(iii) a non-registered Community design, or
(iv) an international application or registration
effective in this country.
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8.-(1) A design right may not be obtained
with respect to the features of the appearance
of a product which
(i) are solely dictated by the technical
function of the product or
(ii) must be reproduced in their exact form
and dimensions in order to permit the product
to which the design relates to be mechanically
connected to or placed in, on, around or
against another product so that either product
may perform its function.
(2) Notwithstanding the provision of
subsection 1(ii), a design right may be
obtained to a design which is new and has
individual character in accordance with
section 3, provided that the design allows the
multiple assembly or connection of products
within a modular system consisting of
mutually interchangeable parts.
9.-(1) Subject to the exceptions following
from sections 10 to 12, the design right shall
imply that nobody may exploit the design
without the consent of the holder of the right.
Such exploitation shall include, in particular,
the making, offering, putting on the market,
importing, exporting or use of a product to
which the design relates, or stocking such a
product for those purposes.
(2) The design right under subsection 1 shall
include any design which does not produce on
the informed user a different overall
impression. In assessing the scope of the
design right, the degree of freedom of the
designer in developing his design shall be
taken into consideration.
10.- The design right shall not be exercised in
respect of
(i) acts done for private purposes,
(ii) acts done for experimental purposes and
(iii) acts of reproduction for the purpose of
making citations or of teaching, provided that
such acts are compatible with fair trade
practice and do not unduly prejudice normal
exploitation of the design and provided that
reference is made to the source.
11.- In addition, the design right shall not be
exercised in respect of
(i) the equipment on ships and aircraft
registered in another country when these
temporarily enter the territory of this country
and
(ii) the importation to this country of spare
parts and accessories for the purpose of
repairing and the execution of repairs on such
ships and aircraft.
12.- The design right shall not extend to acts
relating to a product protected by a design,
when the product has been put on the market
within the European Economic Area (EEA)
by the holder of the right or with his consent.
Part 2
Applications for the registration of designs
13.-(1) Applications for the registration of
designs shall be filed with the Patent and
Trademark Office.
(2) The application shall state the name or
firm of the applicant and contain a
reproduction of the design.
(3) The application may moreover be
accompanied by a specimen. If so, the
specimen shall constitute the basis for the
registration of the design.
(4) If the applicant is not the creator of the
design, the applicant or the creator may
request that the creator of the design be stated
in the Register of Designs. If the design is the
result of collaboration between more than one
designer, a citation of the group of designers
in question may replace a citation of the
individual designers.
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(5) The prescribed fees shall accompany the
application.
14.-(1) An application shall only have legal
effect from the date on which the applicant
has filed a reproduction or a specimen of the
design.
(2) An application may not be amended so as
to relate to a design other than the design
disclosed in the application.
15.- An application may comprise more than
one design, provided that the products to
which the de- signs are intended to be applied
may be referred to the same class, cf. the
Agreement Establishing an International
Classification for Industrial Designs signed at
Locarno on 8 October 1968 (the Locarno
Agreement).
16.-(1) If a design is contained in an
application for the registration of the design
or for the protection of a utility model in
another country party to the Paris Convention
of 20 March 1883 for the Protection of
Industrial Property or member of the World
Trade Organisation (WTO), and the
registration of the design is applied for in this
country within six months from the date of
filing in that other country, the application
shall at the request of the applicant for the
purposes of sections 3 and 7(1)(ii) and (iii) be
considered filed at the same time as the
application in that other country.
(2) The same right of priority under
subsection 1 shall apply even if the previous
application for protection does not originate
from a country party to the Convention or
member of the WTO, provided that an
equivalent priority from a Danish design
application is granted in the country where the
previous application was filed, and the
legislation in that country is essentially in
conformity with the Paris Convention.
(3) The same right of priority under
subsection 1 shall also apply if the design is
included in an application for the protection
of a design or a utility model in this country.
(4) If an application for the registration of a
design is filed in this country not later than six
months after the design has been displayed for
the first time at an official, or officially
recognised, international exhibition, the
application shall at the request of the
applicant for the purposes of sections 3 and
7(1)(ii) and (iii) enjoy priority from that date.
The exhibitions referred to are such
exhibitions as are defined in the Convention
on International Exhibitions, signed at Paris
on 22 November 1928 and latest revised on
30 November 1972.
17.-(1) The Patent and Trademark Office shall
ensure that the application relates to a design,
cf. section 2(i), and that the provision of
section 7(1)(i) does not prevent registration.
Furthermore, the Office shall ensure that the
application comprises only one design, cf.,
however, section 15.
(2) The applicant may request the Patent and
Trademark Office to examine other matters of
importance for the design right known to the
Office. For the request the applicant shall pay
the prescribed fee.
(3) The Minister of Industry, Business and
Financial Affairs shall lay down the specific
rules concerning the examination and its
extent.
18.- If the application complies with the
requirements, and no objection has been
found to the registration, the design shall be
registered. The registration shall be published
by the Patent and Trademark Office.
Publication may be deferred for up to six
months from the date of filing or, if priority is
claimed, the date of priority, cf. section 16,
provided that the applicant so requests in the
application.
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19.-(1) If the applicant has not complied with
the requirements laid down for the
application, or if the Patent and Trademark
Office has other objections to the registration,
the applicant shall be notified accordingly and
be invited to file his observations or to take
steps to correct the application within a
specified time limit.
(2) If the applicant fails to file his
observations or to take steps to correct the
application within the expiry of the time limit,
the application shall be shelved. The
notification referred to in subsection 1 shall
contain information to that effect.
(3) The examination of an application may be
resumed if the applicant within two months
after the expiry of the prescribed time limit
requests resumption and files his observations
or corrects the application and within the
same time limit pays the prescribed
resumption fee. Resumption may be granted
only once.
(4) If the Patent and Trademark Office has
any objections to accept the application, and
the applicant has had an opportunity to file his
observations on the objections, the application
shall be refused unless the Patent and
Trademark Office has reason to invite the
applicant once more pursuant to subsection 1.
20.-(1) If the Patent and Trademark Office
pursuant to section 19 has any objections to
registration, the design may be registered in
amended form, provided that the design in the
amended form complies with the
requirements for protection and retains its
identity.
(2) If the applicant disapproves of the
decision of the Patent and Trademark Office
pursuant to subsection 1 as to registration in
the amended form, the application shall be
refused.
Part 3
Publication and obligation to give
information
21.-(1) As from the date on which the design
is registered, the files of the application shall
be available to the public.
(2) When six months have elapsed from the
date of filing or, if priority is claimed, from
the date of priority, cf. section 16, the files
shall be available to the public even if
publication under section 18 has not been
effected. If a decision has been made to
shelve or to refuse the application, the files
shall, however, not be available unless the
applicant requests resumption or appeals
against the refusal.
(3) At the request of the applicant the files of
the application shall be made available earlier
than prescribed in subsections 1 and 2.
(4) When the files of the application are made
available under subsection 2 or 3, an
advertisement shall be made to that effect.
22.-(1) An applicant who invokes his
application for a design registration against
another person before the files of the
application have been made available to the
public shall on request let the said person
obtain inspection of the files.
(2) Any person who, either by direct
communication with another person or in
advertisements or by inscription on products
or their packaging or in any other way,
indicates that a design is registered or its
registration is applied for without indicating
at the same time the number of the
registration or the application, shall without
undue delay give such information to any
person requesting it. If it is not explicitly
indicated that a design is registered or its
registration applied for, but circumstances are
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such as to create that impression, information
as to whether the design is registered or its
registration is applied for shall be given on
request without undue delay.
Part 4
Term of the design registration
23.-(1) A design registration shall be effective
for the period or periods of five years for
which the application has been filed counted
from the date of filing of the application. The
registration may, on request, be renewed for
further periods up to a total term of 25 years.
Each period shall run from the expiry of the
preceding period.
(2) Notwithstanding subsection 1, the
registration shall be effective for a maximum
of 15 years for a design of a component which
is used for the repair of a complex product so
as to give the product its original appearance.
24.-(1) The request for renewal of a design
registration shall be effected by payment of
the prescribed renewal fee to the Patent and
Trademark Office not earlier than three
months before and not later than six months
after the expiry of the registration period. If
the renewal fee is paid only after the expiry of
the registration period, an additional fee shall
be paid.
(2) The Patent and Trademark Office shall
collect the prescribed renewal fee from the
holder of the design or his agent. The Office
shall not be held responsible for any loss of
rights as a consequence of failure to collect.
(3) If the prescribed renewal fee has not been
paid within six months after the expiry of the
registration period, the registration shall be
cancelled.
(4) The renewal of the registration shall be
published.
Part 5
Termination of the registration by a court
decision or administrative examination,
etc.
25.-(1) When a design registration has been
effected, any person may file a request with
the Patent and Trademark Office for an entire
or partial cancellation of the registration. The
request may exclusively be filed on the
ground that
(i) the registration has not been effected in
accordance with sections 1 to 8,
(ii) the application has been amended in
contravention of section 14(2),
(iii) the requirements of section 15 are not
complied with or
(iv) the registration has been maintained for
more than 15 years in contravention of section
23(2).
(2) A request pursuant to subsection 1 may
only be filed concerning
(i) the right to a design by the person claiming
to be rightful holder of the design,
(ii) the rights referred to in section 7(1)(ii)
and (iii)(b) to (d) by the person claiming to be
the rightful holder of the rights in question,
(iii) use of the rights referred to in section
7(1)(iii)(a) by the person affected by the use.
(3) If a case before the courts concerning a
design remains to be finally decided upon, a
request pursuant to subsection 1 may not be
filed concerning the design in question. If
proceedings concerning a design are instituted
before the courts prior to a final decision
having been made on the request pursuant to
subsection 1 relating to the same design, the
Patent and Trademark Office or the Patent
Board of Appeal shall suspend the
examination of the request until the case has
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been finally decided upon, unless the request
has been filed by the holder of the design.
(4) For a request pursuant to subsection 1 the
prescribed fee shall be paid.
26.-(1) A request pursuant to section 25(1)
shall be accompanied by documentation. If
the material to be used for such
documentation is insufficient, the Patent and
Trademark Office may require additional
material in order to consider the request.
(2) If the request has been filed by another
person than the holder of the design
registration, the holder shall be informed of
the material filed and be invited to file his
observations thereon.
27.-(1) A design registration may be revoked
entirely or partially by a court decision, if
(i) the registration has not been effected in
accordance with sections 1 to 8,
(ii) the application has been amended in
contravention of section 14(2),
(iii) the requirements of section 15 are not
complied with or
(iv) the registration has been maintained for
more than 15 years in contravention of section
23(2).
(2) Any person may institute proceedings
pursuant to subsection 1. Proceedings may,
however, only be instituted concerning
(i) the right to a design by the person claiming
to be the rightful holder of the design,
(ii) the rights referred to in section 7(1)(ii)
and (iii)(b) to (d) by the person claiming to be
the rightful holder of the rights in question,
(iii) use of the rights referred to in section
7(1)(iii)(a) by the person affected by the use.
(3) Proceedings under subsection 2(i) shall be
instituted within one year after the person in
question has obtained knowledge of the
registration and the other circumstances on
which the proceedings are based. If the holder
of the design was in good faith when the
design was registered or when the design right
was transferred to him, the proceedings may
not be instituted later than three years after the
registration of the design.
(4) A design registration may be revoked after
the right to the design has lapsed or the design
right has been surrendered.
28.-(1) A design registration may be
maintained in amended form, provided that
the design in the amended form complies with
the requirements for protection and retains its
identity.
(2) If the holder of the design disapproves of a
decision to maintain the registration in
amended form or fails to pay the prescribed
fee for publication of the amendment, the
registration shall be cancelled.
29.-(1) If any person claims to be entitled to a
design applied for or registered, the Patent
and Trademark Office may, if it finds the
question doubtful, invite the said person to
bring it before the courts within a time limit to
be specified. If the invitation is not complied
with, the claim may be disregarded.
Information to that effect shall be given in the
invitation.
(2) If legal proceedings have been instituted
concerning the right to a design, the Patent
and Trademarks Office shall suspend the
examination of the case until a final decision
has been given in the legal proceedings.
30.-(1) If any person proves to the Patent and
Trademark Office that he, and not the
applicant or the holder of the design, is
entitled to a design comprised by a design
applied for or registered, the Patent and
Trademark Office shall transfer the
application or the registration to him if he so
requests. The transferee shall pay an
application fee.
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(2) If a request has been made for the transfer
of an application or a registration, the
application may not be amended, shelved,
refused or accepted or the registration
amended or cancelled, entirely or partially,
until a final decision has been made
concerning the transfer.
31.-(1) If a design has been registered for
another person than the person entitled thereto
under section 1, the court shall transfer the
design right to the entitled person if he so
claims. If another person is entitled to the
design right, the Patent and Trademark Office
shall transfer the registration to the entitled
person.
(2) If the person who is deprived of a design
registration in good faith has exploited the
design in this country, or has made substantial
preparations for such exploitation, he shall be
entitled, for a reasonable compensation and
on reasonable terms in other respects, to
continue the exploitation already commenced
or to implement the planned exploitation
retaining its general character. Such a right
shall also, under similar conditions, be
enjoyed by holders of licences.
(3) Rights pursuant to subsection 2 may only
be transferred to others together with the
business in which they are exploited or in
which the exploitation was intended.
32.-(1) If an objection exists to the
maintenance of a design registration pursuant
to a decision under section 25(1) or a court
decision, the registration shall be cancelled by
the Patent and Trademark Office. The Office
shall also cancel the registration if the holder
of the design surrenders the design right.
(2) If the Patent and Trademark Office based
on a request pursuant to section 25(1) finds no
grounds for an entire or partial cancellation of
the registration, the request shall be rejected,
and the registration shall be maintained.
33.-(1) The Patent and Trademark Office shall
publish the lapse of a design registration. The
Office shall also publish amendments of the
design registration in consequence of a
decision made by the Office or a court
decision concerning an entire or partial
cancellation or concerning the transfer of the
design right to another party.
(2) For the publication of a registration in
amended form the prescribed fee shall be
paid.
Part 6
Appeals
34.- Appeals from the final decision of the
Patent and Trademark Office with respect to a
design application may be filed with the
Patent Board of Appeal by the applicant. The
same shall apply to the holder of the design if
a design registration is cancelled entirely or
partially. If a design registration is maintained
in amended or unamended form, the decision
may be appealed against by the person having
filed the request for an entire or partial
cancellation of the design registration. If the
latter withdraws his appeal, the appeal may
nevertheless be examined, provided that there
are special grounds for such action.
35.-(1) Appeals pursuant to section 34 shall
be filed with the Patent Board of Appeal not
later than two months after the Patent and
Trademark Office has notified the party
concerned of the decision. The prescribed fee
for appeal shall be paid within the same time
limit. Failure to do so shall cause the appeal
to be rejected. Filing of appeals with the
Patent Board of Appeal shall have suspensive
effect.
(2) The decisions of the Patent Board of
Appeal may not be brought before another
administrative authority.
(3) Decisions made by the Patent and
Trademark Office which may be brought
9
before the Patent Board of Appeal, may not
be brought before the courts until the decision
of the Board of Appeal has been given. If a
party wants to bring a decision made by the
Patent Board of Appeal before the courts,
proceedings shall be instituted not later than
two months after the date on which the party
concerned was notified of the decision of the
Board of Appeal. The proceedings shall have
suspensive effect.
Part 7
Liability to punishment, liability for
damages, etc.
36.-(1) Any person who intentionally or
grossly negligently infringes a design right
(design infringement) shall be punished with
a fine. That shall also apply to infringement of
design rights established pursuant to the
Council Regulation on Community designs.
(2) If the infringement has been committed
intentionally and under aggravating
circumstances, the penalty may increase to
imprisonment of up to 18 months, unless a
heavier penalty is provided for by section
299b of the Penal Code. Aggravating
circumstances shall in particular be
considered to exist if a significant and
obviously unlawful profit is intended by the
infringement.
(3) Companies etc. (legal entities) may be
held liable to punishment under the rules of
Part 5 of the Penal Code.
(4) In the case of infringements comprised by
subsection 1 proceedings shall be instituted
by the injured party. In the case of
infringements comprised by subsection 2
proceedings shall be instituted only at the
request of the injured party unless the
institution of proceedings is required in the
interests of the public.
37.-(1) Any person who intentionally or
negligently commits design infringement
shall pay
(i) a reasonable compensation to the injured
party for the exploitation and
(ii) damages to the injured party for the
further injury which the infringement has
caused.
(2) In fixing the damages according to
subsection 1(ii) inter alia the loss of profit
suffered by the injured party and the illicit
profit obtained by the infringer shall be taken
into consideration.
(3) In cases comprised by subsection 1 an
additional compensation may be fixed to the
injured party for non-financial injury.
38.-(1) For the purpose of preventing further
design infringements the court may, when so
claimed, inter alia decide that a product
constituting a design infringement shall be
(i) withdrawn from the market,
(ii) removed definitively from the market,
(iii) destroyed,
(iv) surrendered to the injured party or
(v) altered in a specified manner.
(2) Subsection 1 shall apply mutatis mutandis
to materials, tools or the like which have
primarily been used for illegal production of
the infringing products.
(3) The measures under subsection 1 shall be
implemented without compensation to the
infringer and shall not affect any damages to
the injured party. The measures shall be
implemented at the expense of the infringer
unless special circumstances tell against it.
(4) In giving a court decision on measures
under subsection 1 the court shall take into
consideration the proportion between the
extent of the infringement, the prescribed
measures and the interests of any third party.
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(5) The court may, when so claimed, grant
permission to the infringer to have the
products, materials, tools or the like referred
to in subsections 1 and 2 at his disposal
during the term of protection of the design or
part thereof against a reasonable
compensation. However, this shall only apply
if
(i) the infringer has neither acted intentionally
nor negligently,
(ii) the measures under subsection 1 would
cause the infringer disproportionate harm and
(iii) a reasonable compensation is sufficient.
39.-(1) If any person without permission
exploits a design in respect of which
registration is applied for after the files of the
application have been made available to the
public, and the application results in a
registration, the provisions concerning design
infringement shall apply mutatis mutandis.
That shall, however, not apply to the
provision of section 38. Any person who has
committed design infringement before the
files have been made available to the public
and who has obtained a profit thereby shall
pay damages pursuant to section 37 to the
extent found reasonable, but not exceeding
the profit he is supposed to have obtained by
the design infringement.
(2) Claims for damages under subsection 1
shall not be statute-barred earlier then 1 year
after the registration of the design.
39a.-(1) In a court decision by which a person
is held liable under section 37 or 38 the court
may, if so requested, decide that the court
decision in full or extracts thereof shall be
published.
(2) The obligation to publish shall rest with
the infringer. The publication shall be made at
the expense of the infringer and in such a
prominent manner as may reasonably be
required.
40.- In proceedings concerning design
infringement the invalidity of the design right
may only be put in issue if a claim for
cancellation of the registration is set up
against the holder of the design, possibly after
the latter has been summoned pursuant to the
rules laid down in section 45. If the
registration is cancelled, the provisions of
sections 36 to 39 shall not apply.
41.-(1) Any person who, in the cases referred
to in section 22, fails to comply with his
obligations or gives false information shall be
punished with a fine, in so far as a severer
punishment is not provided for by other
legislation, and shall compensate the injury
caused thereby to the extent found reasonable.
(2) The provisions of section 36(3) and (4)
shall apply mutatis mutandis.
41a.- If the customs and taxation authorities
become suspicious of infringements
comprised by section 36, information to that
effect may be passed on to the holder of the
right.
Part 7A
Special unit on enforcement and
counterfeiting and piracy
41b.-(1) The tasks of the Patent and
Trademark Office concerning the enforcement
of design rights and the combating of
counterfeiting and piracy shall be performed
by a special unit, which consumers,
businesses and authorities may approach and
obtain information and guidance.
(2) In specific cases concerning counter-
feiting and piracy the unit shall give advice to
consumers and small and medium-sized
enterprises. On request and against payment
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of a fee the unit may give a written advisory
opinion.
(3) The unit shall assist the police and the
prosecution in their efforts against
counterfeiting and piracy.
(4) The Minister of Industry, Business and
Financial Affairs may lay down specific rules
concerning the tasks and organisation, etc. of
the unit.
Part 8
Provisions as to administration of justice
42.- The Maritime and Commercial Court
shall be the Community design court of first
instance, and the Supreme Court and the High
Courts shall be the Community design courts
of second instance pursuant to the Regulation
on Community designs. In determining
whether judgements of the Maritime and
Commercial Court pursuant to this Act may
be appealed to the Supreme Court or the High
Court section 368 (4-6) of the Administration
of Justice Act shall apply.
43.-(1) Provisional decisions on injunctions
under the Regulation on Community designs
shall be given by the City Court or the
Maritime and Commercial Court, cf. Part 40
of the Administration of Justice Act.
(2) Provisional decisions on injunctions under
the Regulation on Community designs which
are to have effect within the territory of any
Member State shall be given by the Maritime
and Commercial Court.
(3) Provisional decisions on injunctions
pertaining to a Community design as well as
other designs protected under this Act shall be
given by the Maritime and Commercial Court
if the provisional decision pertaining to the
Community design is to have effect within the
territory of any Member State.
44.-(1) Any person who institutes proceedings
for the entire or partial cancellation of a
design registration or for the transfer of the
registration shall notify the Patent and
Trademark Office thereof for entry in the
Register of Designs and by registered letter
notify any licensee who is entered in the
Register with an address of the proceedings.
Any licensee who wishes to institute
proceedings for infringement of the design
right shall in a similar way notify the holder
of the design thereof.
(2) If the plaintiff does not prove in the
summons that the notifications referred to in
subsection 1 have been given, the court may
fix a time limit for compliance with the
requirements. If the said time limit is not
observed, the case shall be dismissed.
45.-(1) In proceedings for infringement of the
design right instituted by the holder of the
design, the defendant shall notify the Patent
and Trademark Office and registered
licensees in accordance with the rules laid
down in section 44(1) if the defendant intends
to claim cancellation of the registration. The
provision of section 44(2) shall apply mutatis
mutandis so that the claim for cancellation of
the registration shall be dismissed if the fixed
time limit is not observed.
(2) In proceedings for design infringement
instituted by a licensee, the defendant may
summon the holder of the design to attend
without regard to his venue and file a claim
against him for cancellation of the
registration. The provisions of Part 34 of the
Administration of Justice Act shall apply
mutatis mutandis.
46.- Office copies of court decisions in the
proceedings referred to in sections 27 to 29,
31, 32 and 36 to 39 shall be sent to the Patent
and Trademark Office on the initiative of the
court.
12
Part 9
Miscellaneous provisions
47.- The Patent and Trademark Office may
invite an applicant for a design and a holder
of a registered design to appoint an agent
residing in the European Economic Area
(EEA) to represent him with respect to the
application or the registration. The name and
address of the agent shall be entered in the
Register of Designs.
48.-(1) If the non-observance of a time limit
vis-à-vis the Patent and Trademark Office
prescribed by or provided for in this Act
causes a loss of rights to an applicant for a
design who has taken all due care reasonably
required, the Patent and Trademark Office
shall on request re-establish his rights. The
request shall be filed with the Patent and
Trademark Office within two months from
the removal of the obstacle causing non-
observance of the time limit though not later
than one year after the expiry of the time
limit. The omitted act shall be completed and
the fee prescribed for re-establishment of
rights shall be paid within the same time
limits.
(2) The provision of subsection 1 shall apply
mutatis mutandis if a holder of a design has
failed to pay the renewal fee within the time
limit prescribed in section 24(1), provided
that the request for re-establishment of rights
is filed and the renewal fee paid not later than
six months after the expiry of the time limit.
(3) The provision of subsections 1 and 2 shall
apply mutatis mutandis to time limits vis-à-
vis the Patent Board of Appeal. Re-
establishment of rights shall be effected by
the Patent Board of Appeal.
(4) The provisions of subsection 1 shall not
apply to the time limits referred to in section
16.
49.-(1) The Minister of Industry, Business
and Financial Affairs shall lay down specific
provisions concerning design applications and
their examination and other processing,
priority, division of design applications and
registrations, renewal or surrender of as well
as requests for the entire or partial
cancellation of design registrations, the
keeping of the Register of Designs, exchange
of electronic data with the Patent and
Trademark Office and the Patent Board of
Appeal, the publication and contents of the
Danish Design Gazette (Dansk
Designtidende) and the procedures of the
Patent and Trademark Office. It may thus be
prescribed that the records of the Patent and
Trademark Office relating to applications
filed shall be available to the public. The
Minister of Industry, Business and Financial
Affairs may lay down specific rules
concerning the days on which the Patent and
Trademark Office shall be closed.
(2) The Minister of Industry, Business and
Financial Affairs shall lay down the
provisions necessary for the application of the
Regulation on Community designs.
(3) For the examination and other processing
of cases concerning Community designs a fee
shall be paid.
(4) The Minister of Industry, Business and
Financial Affairs may lay down rules
concerning the payment for special
transactions, publications, transcripts, courses,
etc.
50.- A registered design may also be
protected by the Copyright Act from the date
on which the design was created or
established in a given shape.
51.-(1) The transfer of a design, the grant of a
licence, the pledging of a design, the levying
of execution on the design or the
commencement of insolvency proceedings
against the holder of the design shall on
request be entered in the Register of Designs.
13
The same shall apply to the entry of the name
of the creator of a design and of rights under
section 31(2).
(2) The request for the entry, amendment or
deletion of information in the Register of
Designs pursuant to subsection 1 shall be
accompanied by the necessary documentation.
(3) In the case of a registration comprising
more than one design, cf. section 15, the
transfer of the design right to another person
may only be entered in the Register provided
that the transfer comprises all the designs.
(4) Proceedings concerning a design may
always be instituted against the person
entered in the Register as holder of the design,
and notifications from the Patent and
Trademark Office may be sent to the holder.
52.-(1) The Patent and Trademark Office may
on request undertake the performance of
special tasks concerning designs and design
rights.
(2) The Access to Public Administration Files
Act shall, except for section 8, not apply to
the tasks referred to in subsection 1.
(3) The Minister of Industry, Business and
Financial Affairs shall lay down rules
governing that service and the payment
therefor and governing the payment of fees
for reminders in the case of late payment.
Part 10
International design registration
53.- An international design registration
means a registration under the amendment of
the Hague Agreement Concerning the
International Registration of Industrial
Designs adopted at Geneva on 2 July 1999
(the Geneva Act).
54.- An international design registration with
validity in Denmark shall have the same legal
effect as if the design had been registered in
this country.
55.- An international design application shall
be filed with the Patent and Trademark Office
or with the International Bureau. The
international design application may be filed
with the Patent and Trademark Office by
Danish nationals and by natural persons or
legal entities having their residence in
Denmark or being owners of a real and
effective industrial or commercial
establishment in Denmark.
56.- At the filing of an international design
application priority may be claimed from a
country party to the Paris Convention or
member of the World Trade Organisation
(WTO).
57.- If the design does not comply with the
conditions of registration under this Act, the
Patent and Trademark Office may, within the
time limit laid down in the Geneva Act, notify
the International Bureau of the entire or
partial refusal of the validity of the design in
Denmark.
58.- The rules laid down in the Geneva Act
shall apply to the renewal of an international
design registration.
59.-(1) The Minister of Industry, Business
and Financial Affairs shall lay down specific
rules for the implementation of the provisions
of this part of the Act. Special rules may thus
be laid down concerning the publication of
the internationally registered designs.
(2) For the examination and other processing
of cases concerning international design
registration a fee shall be paid.
14
Part 10 A
Fees
59a.-(1) For an application for the registration
of a design a fee of 1,200 DKK shall be paid,
cf. section 13(5). With respect to an
application comprising more than one design,
cf. section 15, an additional fee of 700 DKK
shall, furthermore, be paid for each design in
excess of one. For the publication of a design
an additional fee of 400 DKK shall be paid
for each reproduction in excess of one.
(2) For an examination pursuant to section
17(2) a fee of 1,500 DKK shall be paid. With
respect to an application which pursuant to
section 15 comprises more than one design an
additional fee of 900 DKK shall be paid for
each design in excess of one.
(3) The fee for the designation of Denmark in
an international design registration shall be
fixed pursuant to Article 7(1) of the Geneva
Act of 2 July 1999 of the Hague Agreement
Concerning the International Registration of
Industrial Designs (the Geneva Act).
59b.-(1) For the renewal of a design
registration, cf. section 24(1), a fee of 2,200
DKK shall be paid, for each period, cf.
section 23. With respect to a registration
which pursuant to section 15 comprises more
than one design an additional fee of 1,100
DKK shall, furthermore, be paid for each
design in excess of one.
(2) The provision of subsection 1 shall apply
mutatis mutandis to the renewal of
registrations under section 25(1) of the
previous Designs Act.
(3) Fees pursuant to subsection 1 or 2 paid
after the expiry of the registration period and
up to six months thereafter shall be increased
by 20 per cent.
(4) The fee for the renewal of the designation
of Denmark in an international design
registration shall be fixed pursuant to Article
17(2), cf. Article 7(1), of the Geneva Act.
59c.-(1) For a request for administrative
examination, including examination of
designs included in a registration comprising
more than one design, cf. section 15 and
section 25(4) a fee of 3,000 DKK shall be
paid for each design.
(2) For the publication of a registration in
amended form a basic fee of 400 DKK shall
be paid, cf. section 33(2). Furthermore, an
additional fee of 400 DKK shall be paid for
each reproduction in excess of one.
59d.-(1) For a request for resumption of an
application for a design a fee of 400 DKK
shall be paid, cf. section 19(3).
(2) For a request for re-establishment of a
design application or registration a fee of
3,000 DKK shall be paid, cf. section 48.
(3) For a written advisory opinion pursuant to
section 41b(2) a fee of 1,500 DKK shall be
paid.
59e.-(1) For the handling by the Patent and
Trademark Office of cases concerning
applications for Community designs a fee of
200 DKK shall be paid, cf. section 49(3).
(2) For the handling by the Patent and
Trademark Office of cases concerning
applications for international registration of
designs a fee of 200 DKK shall be paid, cf.
section 59(2).
59f.-(1) Fees paid pursuant to sections 59a to
59e shall not be refunded when the payment
has been effected in due time.
(2) Fees not paid in due time or paid in
insufficient amounts at the expiry of the time
__________
__________
15
limit resulting in non-acceptance of the
payment shall be refunded.
(3) If the Patent and Trademark Office rejects
the examination and other processing paid for,
fees paid in connection with the examination
and other processing shall be refunded.
59g.-(1) The fees referred to in sections 59a to
59e are stated at the 2011-level.
(2) The Patent and Trademark Office may
adjust the amounts stated in sections 59a to
59e in accordance with the general price and
wage development used for the purposes of
the Government Budget. The Patent and
Trademark Office shall publish the current
fees in a price list.
59h. The Patent and Trademark Office may
transfer income from fees charged under this
Act to the payment of costs involved in the
administration by the Patent and Trademark
Office of other fields under the jurisdiction of
the Office where fees are charged.
(2) The Patent and Trademark Office may
transfer income from fees charged under this
Act to Nævnenes Hus to the payment of costs
associated with the Board of Appeal for
Patents and Trademarks.
Part 11
Provisions as to entry into force and
transitional provisions
60. (1) This Act shall enter into force on 1
October 2001. The Minister of Industry,
Business and Financial Affairs shall,
however, determine the date for the entry into 3)
force of Part 10.
(2) The Designs Act, cf. Consolidate Act No.
251 of 17 April 1989, shall be repealed, cf.,
however, subsection 3.
(3) This Act shall apply to designs registered
and design applications filed after the entry
into force of this Act. With respect to designs
registered and design applications filed prior
to the entry into force of this Act, the previous
rules shall continue to apply.
(4) Any person who prior to the entry into
force of this Act pursuant to section 6 of the
Designs Act, cf. Consolidate Act No. 251 of
17 April 1989, was exploiting a design
commercially in this country, or had made
substantial preparations for such exploitation,
may continue the exploitation of the design.
61. This Act shall not apply to the Faeroe
Islands and Greenland, but may by Royal
Ordinance be put into force for the Faeroe
Islands and Greenland with such deviations as
the special Faeroese and Greenland
circumstances may require. 4)
Act No. 670 of 8 June 2017 to amend the
Administration of Justice Act, the Act on the
Brussels I Regulation etc. and various other
acts (Amendment of the rules for lay judges,
implementation of the Convention on Choice
of Court Agreements etc.) 5)
contains the
following provision as to entry into force:
Section 12
(1) This Act shall enter into force on 1 July
2017, cf. section 2.
(2) (Excluded)
Act No. 1533 of 18 December 2018 to amend
the Trade Marks Act and various other Acts
and to abolish the Collective Marks Act
(Examination of applications, grounds for
refusal, reproduction of trademarks, goods in
transit, transfer of fee income etc.) 6)
contains
the following provision as to entry into force:
16
Section 8 (2) (Subsection 2-7 excluded)
(1) This Act shall enter into force on 1
January 2019.
The Patent and Trademark Office, 29 January 2019
SUNE STAMPE SØRENSEN
/Anne Rejnhold Jørgensen
17
2) This Consolidate Act contains information about provisions as to entry into force and transitional provisions adopted
during the sessional year 2018/2019 of the Danish Parliament (the Folketing). Provisions as to entry into force and
transitional provisions for previously adopted amendments of the Designs Act are laid down in Consolidate Act No.
219 of 26 February 2017. The amendments indicated below in consequence of section 3 of Act No. 670 of 8 June
2017 and section 2 of Act No. 1533 of 18 December 2018 shall not apply to the Faeroe Islands and Greenland, but
may by Royal Ordinance be put into force in whole or in part for the Faeroe Islands and Greenland with such
deviations as the circumstances of the Faeroe Islands and Greenland may require. 3)
Part 10 entered into force on 9 December 2008 by Order No. 1079 of 17 November 2008. 4)
This Act was put into force for Greenland on 1 July 2010 by Royal Ordinance No 656 of 11 June 2010. Part 10 of this
Act was put into force for Greenland on 11 January 2011 by Order No. 1327 of 3 December 2010. This Act was put into
force for the Faeroe Islands on 2 May 2015 by Royal Ordinance No. 485 of 21 April 2015. Part 10 of this Act was put
into force for Faeroe Islands on 13 April 2016 by Order No. 144 of 25 February 2016. 5)
The amendment of this Act relates to section 42. 6)
The amendments of this Act relate to section 43 and 59 h.