- Design Protection Decree 2.4.1971/252 (Unofficial translation)(Amendments up to 2002/620 included)
Design Protection Decree 2.4.1971/252 (Unofficial translation)
(Amendments up to 2002/620 included)
Registration Application and Official Register
Section 1
Applications for registration of designs shall be delivered to the National Board of Patents and Registration (the registering authority).
Section 2
An application for registration of a design shall consist of a written communication (application document) with appendices.
The application document shall be signed by the applicant or his agent and shall contain:
(1) the applicant's name, domicile and address and, where the applicant is represented by an agent, the agent's name, domicile and address;
(2) the name and address of the creator of the design;
(3) indication of the products for which registration of the design is applied for;
(4) information as to whether priority in accordance with the provisions of Section 8 of the Registered Designs Act (221/1971) is requested;
(5) information as to whether the applicant requests deferment of publication of the design under Section 18 of the Registered Designs Act;
(6) information identifying the appendices to the application document.
The following shall be attached as appendices to the application document:
(1) a representation or representations of the design;
(2) where the applicant is represented by an agent, a power of attorney;
(3) where the design has been created by a person who is not the applicant, a document evidencing the right of the applicant.
Subsection 4 has been repealed (18.7.2002/620).
Section 3
The application document and appendices shall be in the Finnish or Swedish language in accordance with the legislation in force relating to languages. If the applicant is a foreigner the application shall be in Finnish. If a document attached to the application is in a foreign language, a translation into Finnish or Swedish shall be deposited if the registering authority so requests.
Section 4
The representations of the design shall be filed in triplicate. All representations shall be of a size not exceeding A4 (21 x 29.7 cm - 8.2 X 11.6 in). The representations shall be suitable for reproduction in black and white in another size.
Where the applicant deposits a specimen of the design, it shall be of durable material and must not exceed 40 centimetres (15.6 in) in any dimension or weigh more than 4 kilograms (8 lb 13 oz). An object that is subject to decomposition or that is dangerous may not be deposited as a specimen.
Where an application relates to more than one design, a separate representation or representations shall be submitted for each design. In the case of such an application, the representations and the specimens, if any, shall be clearly marked with consecutive numbers.
Section 5
The registering authority shall state on an application for registration the serial number of the application and the date of receipt of the application.
Section 6
The registering authority shall keep an official register of applications for registration of designs received. The official register shall be accessible to the public.
The following shall be entered in the official register for each application:
(1) the filing date of the application and the serial number;
(2) the date when a representation or representations or a specimen of the design was first deposited, if this date is not the filing date;
(3) the product(s) for which registration of the design is applied for and the class(es) to which the design is assigned;
(4) the applicant's name, domicile and address;
(5) where the applicant is represented by an agent, the agent's name, domicile and address;
(6) the name and address of the creator of the design;
(7) if priority has been requested, the place where the previous application referred to was filed, the date and serial number of that application;
(8) whether the applicant has requested the deferment of the publication of documents disclosing the design in accordance with Section 18 of the Registered Designs Act;
(9) any specimens deposited, written communications received and fees paid;
(10) decisions made in the case;
(11) any deferment granted because of conflict under Section 14 with an earlier application; a corresponding note shall be made on the records of the earlier application.
Section 7
Where a notification is made to the registering authority that a design for which registration has been applied for has been transferred to another person, such person may be entered in the official register as an applicant only if the transfer of the right has been confirmed.
Priority
Section 8 has been repealed (18.7.2002/620).
Section 9
The registering authority may order the applicant to substantiate the priority referred to in Section 8 of the Registered Designs Act within a certain period by filing a certificate from the authority that received the basic application referred to, attesting to the filing date of the application and the applicant's name, and a copy of the application document (certified by the said authority) with a representation or representations of the design attached to it. The period prescribed may not expire earlier than three months from the date on which the application is filed in this country.
If the applicant does not comply with the order in accordance with subsection (1), priority may not be enjoyed.
Section 10
Priority may be based only upon the first application of which the design was the subject.
If the person making the first application, or his successor in title, has filed with the same authority a later application relating to the same design, the later application may be invoked as the basis of priority provided that, at the time of filing, the earlier application had been withdrawn, dismissed or rejected and the documents filed in the case had not become available to the public, and has not left outstanding any right based upon it and has not served as a basis for priority. Where priority is accepted on the basis of the later application, the earlier application may no longer be invoked as grounds for priority.
Section 11
Where an application is filed for multiple registration in accordance with Section 11 of the Act, priority may be obtained for one or more of the designs.
Where such an application is filed, priority may be invoked on the basis of more than one application, even if they have been deposited in different countries.
Division
Section 12
Where an application relates to more than one design, the applicant may divide the application by filing more than one; in such a case, the said applications shall be deemed to have been made simultaneously with the original application.
New application fees and additional fees as provided for in Section 47 of the Registered Designs Act shall be paid for such applications, if they have not already been paid.
Processing of Applications for Registration
Section 13
In the examination for fulfillment of the conditions for registration of a design, the registering authority shall take into consideration everything of which that authority has knowledge.