Industrial Designs Law in Denmark
Here’s a concise overview of Industrial Designs Law in Denmark:
Legal Framework
Governed primarily by the Danish Act on Design Protection (Designbeskyttelsesloven).
Denmark is also subject to the European Union’s Community Design Regulation (EC) No 6/2002.
Part of the Hague Agreement for international design registration.
The Danish Patent and Trademark Office (Patent- og Varemærkestyrelsen) handles national design registrations.
What is an Industrial Design?
Protection covers the appearance of a product or part of it.
This includes features such as lines, contours, colors, shape, texture, materials, or ornamentation.
The design must be new and have individual character (i.e., distinct from existing designs).
Types of Protection
Registered Design:
Requires formal registration with the Danish Patent and Trademark Office or via the EU Intellectual Property Office (EUIPO) for Community designs.
Confers exclusive rights to use and prevent others from unauthorized use.
Duration: Initial 5 years from filing date, renewable up to a total of 25 years.
Unregistered Design:
Automatically protected as an unregistered Community design under EU law.
Protection lasts for 3 years from first public disclosure in the EU.
Protection is more limited compared to registered designs but can prevent direct copying.
Registration Process
File an application with representations (drawings, photos) clearly showing the design.
Specify the products to which the design will be applied.
Pay the required fees.
The Danish office performs formal examination, focusing on compliance rather than substantive novelty checks.
Rights and Enforcement
Registered design owners have the exclusive right to use, manufacture, sell, or import products bearing the design.
Infringement remedies include injunctions, damages, and destruction of infringing goods.
Enforcement is through civil courts.
International Treaties
Denmark is a member of:
Hague System for international design registrations.
European Union Intellectual Property framework.
Paris Convention for priority rights.
Summary Table
| Feature | Details |
|---|---|
| Governing Law | Danish Design Protection Act + EU law |
| Registration Authority | Danish Patent and Trademark Office |
| Protection Duration | 5 years + renewals (up to 25 years) |
| Protection Scope | Appearance only |
| Unregistered Design | Protected for 3 years under EU law |
| International Treaties | Hague Agreement, Paris Convention |
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