- REGULATION on registration of designs, No. 706/2001, as subsequently amended, cf. Reg. No. 531/2004 (in effect as of 30 June 2004)
- CHAPTER I Application for design registration
- CHAPTER II Registry of applications
- CHAPTER III Right of Priority
- CHAPTER IV Examination
- CHAPTER V Registration and publication
- CHAPTER VI Registry of Designs
- CHAPTER VII Postponement of registration
- CHAPTER VIII Renewal
- CHAPTER IX Cancellation of registration
- CHAPTER X Division
- CHAPTER XI Miscellaneous provisions
- XII. CHAPTER International registration of designs
- Chapter XIII Entry into force
REGULATION
on registration of designs, No. 706/2001,
as subsequently amended, cf. Reg. No. 531/2004 (in effect as of 30 June 2004)
CHAPTER I
Application for design registration
Article 1
An application for the registration of a design shall be made on the prescribed form and submitted to the Icelandic Patent Office. An application must be signed by the applicant or his agent and include a request for registration.
The application shall also specify: An application must be accompanied by:
1) Reg. No. 531/2004, Art. 1 (in effect as of 30 June 2004)
Article 2
An application may be accompanied by: An applicant may only submit the above-mentioned documentation and information upon
filing of the application.
The IPO may, however, request that such documentation be submitted at a later date if
deemed necessary for clarification.
A description must include a short explanation (max. 150 words) of what design protection is sought for. The principal aspects which give the design individual character shall be explained. A description may neither discuss the advantages of a design nor make claims as to its value.
The name of a design should primarily serve as an explanation for an illustration. The name of a design shall not limit the extent of protection.
In the case of multiple registration, each individual design must have its own name.
1) Reg. No. 531/2004, Art. 2 (in effect as of 30 June 2004)
Article 3
The application and description shall be in Icelandic. Other application documents may be
in Icelandic, Danish, Norwegian, Swedish or English.
The IPO may require that a certified translator or other party approved by the IPO attest the translation of the accompanying documentation.
Article 4
Two copies of each illustration of a design shall be submitted, no larger than A4 size (21 x 29.7 cm). Each illustration may only show one design from one point of view. If more than one illustration is submitted of the same design, the illustrations shall be distinguished from each other and marked in alphabetical or numerical order. For explanatory purposes illustrations may be given descriptive labels (e.g. “up”, “down”, “cross-section”). Illustrations and symbols must be suitable for offset printing in black and white and be reproducible in various sizes.
If colour registration is sought, one copy of an illustration shall be in colour.
If an applicant submits a model of a design such shall be made of durable material. A model may not weigh more than 4 kg and shall fit inside a cube, each edge of which measures 40 cm. Models made of delicate or hazardous substances may not be submitted.
If an application covers more than one design, illustrations must be included of each individual design. Illustrations of the same design must have the same number. It must be clearly indicated which illustrations pertain to each design.
Article 5
The IPO shall enter the filing date on applications received and assign them an application number.
An application shall be deemed to have been received if it includes: An application which is sent by facsimile shall be deemed to have been received if the documentation, in particular the illustrations, is sufficiently clear and it is demonstrated that payment of the fee has been made. An applicant must, however, submit the original documentation within 14 days of the receipt of the facsimile.
An application, submitted without the payment of the prescribed fee, shall not be deemed to have been received.
The IPO shall, however, preserve such application for one week but after that time it shall be dismissed if payment has not been received.
The object of an application may not be altered after the application has been received.
Article 6
The registration authorities shall classify a design in accordance with the provisions of the Locarno Agreement of 8 October 1968 on international classification of designs, cf. the Appendix to this Regulation.
An applicant or his agent shall be notified as to how the design has been classified and given at least one week within which to express comments on such classification. The IPO shall make the final decision on classification.
CHAPTER II
Registry of applications
Article 7
The IPO shall maintain a computerised registry of applications received.
The following information shall be entered in the registry for each application: It must be possible to obtain information from the registry concerning those applications which have already been made accessible to the public. Prior to such time, the IPO may, however, provide some of the information listed in the second paragraph.
Article 8
When protection for more than one design is applied for in the same application, cf. Article 15 of the Design Protection Act, each design shall have the same date of filing and same application number.
Article 9
If a notification is received concerning change in ownership of a design for which registration has been sought, the name of a new applicant will only be entered in the registry of applications if proof of a transfer is provided.
CHAPTER III
Right of Priority
Article 10
To enjoy right of priority as provided for in the first to third paragraphs of Article 16 of the Design Protection Act, an applicant must claim such right in his application upon filing.
The applicant must, furthermore, specify, no later than one month after the date of filing, where the application upon which the claim for right of priority is based was submitted, its date of filing and application number. Should the above information not be received by the prescribed date the right of priority shall lapse.
The IPO may demand that right of priority be confirmed within a prescribed time limit, by means of a certificate from the registration authorities receiving the application upon which the applicant bases his right of priority. The certificate must specify the date of filing and name of the applicant. The IPO may, in addition, demand a copy of the application together with illustrations of the design. Should the above documents not be received by the prescribed date the right to claim right of priority shall lapse. The time limit shall expire no sooner than three months from the date of filing.
Withdrawal of a claim to right of priority must be notified in writing.
Article 11
An application can only serve as the basis for right of priority if it is the first concerning the design in question.
If the applicant making the first application, or a transferee, has subsequently submitted an application at the same location concerning the same design, the latter application may, however, serve as basis for a claim of right of priority if the former application has been revoked upon the delivery of the latter, or if it has been dismissed or refused before being made available to the public, and provided that no rights or claim for right of priority are based upon it. If a right of priority has been established on the basis of such an application filed subsequently, right of priority cannot be based on the former application.
Article 12
For an application to enjoy right of priority as provided for in the fourth paragraph of Article 16 of the Design Protection Act, an applicant must claim such right in his application upon filing.
A claim for right of priority must be accompanied by information on what exhibition the design has been exhibited at and what date it was first exhibited. Such information must be received by the IPO no later than one month after the date of filing. Should the above information not be received by the prescribed date the right to claim right of priority shall lapse.
The IPO may demand that right of priority be confirmed within a prescribed time limit, by means of a certificate from the responsible organisers of the exhibition on which an applicant bases his right of priority. The certificate must specify the date of filing and name of the applicant. Should the above documentation not be received by the prescribed date the right to claim right of priority shall lapse. The time limit shall expire no sooner than three months from the date of filing.
Article 13
When protection for more than one design is applied for in the same application, cf. Article 15 of the Design Protection Act, right of priority may be claimed as provided for in Article 16 of the Act for each individual design. A claim for right of priority may be based on applications from more than one country.
CHAPTER IV
Examination
Article 14
If examination by the IPO reveals that an application does not fulfil the requirements of Point 1 of Article 2 and Points 1 and 2 of Article 7 of the Design Protection Act registration shall be refused. Before an application is eradicated the applicant shall be given an opportunity to explain his case and/or acquire the prescribed authorisations for signs or symbols included in the design. If the arguments or documentation provided by an applicant do not alter the previous conclusion of the IPO, the application shall be eradicated from the Registry of Designs. A design shall not, however, be eradicated until the time limit for referring a case to the Appeals Committee has expired.
Should an application fail to fulfil the requirements of Articles 13, 14 and 15 of the Act, the applicant shall be notified of the formal deficiencies as promptly as possible. The notification shall indicate that the application may be dismissed if the deficiencies are not rectified within one month’s time.
Article 15
An examination as provided for in the second paragraph of Article 17 of the Design Protection Act shall only be based on designs registered in Iceland and designs for which registration has been sought and which have been made available to the public. The examination shall also include designs which have been eradicated during the past five years prior to the date of filing of an application. The basis of the examination shall also include trademarks registered in Iceland and trademarks for which registration has been sought, together with information from the Registry of Companies.
Should an application include a request for protection of more than one design, cf. Article 15 of the Design Protection Act, the examination shall only concern the design specified in the request for an examination.
Article 16
If an examination is demanded, as provided for in the second paragraph of Article 17 of the Design Protection Act, unconnected to an application, the result of such examination shall in no way affect the handling of a subsequent application for that design.
Should the IPO refuse the registration of a design on the basis of an examination which is carried out at the request of an applicant, the applicant shall be notified of such as promptly as possible. The notification shall explain the grounds for refusal of registration. An applicant shall be given a time limit of two months to express comments concerning the refusal before the application is dismissed.
CHAPTER V
Registration and publication
Article 17
Where an application for design registration fulfils the requirements prescribed in the Design Protection Act as well as the demands made of applications in this Regulation, the design shall be registered and the proprietor sent notification of registration.
Article 18
When a design has been registered it shall, as promptly as possible, [be published in the ELS Gazette, issued by the IPO.] Such publishing shall include, in addition to clear illustrations, the following information:
1) Reg. No. 531/2004, Art. 3 (in effect as of 30 June 2004)
CHAPTER VI
Registry of Designs
Article 19
The IPO shall keep a registry of registered designs.
The Registry of Designs shall include the following information: When a registration covers more than one design, cf. Article 17 of the Act, there shall be only one common registration number.
Article 20
Initiation of legal proceedings based on the first paragraph of Article 25 of the Design Protection Act shall be noted in the Registry of Designs.