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The Consolidate Designs Act (Consolidate Act No. 89 of January 29, 2019)

 The Consolidate Designs Act (Consolidate Act No. 89 of January 29, 2019)

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

2

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.

3

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.

4

(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.

5

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

6

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

7

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.

8

(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.

10

(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

11

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.