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 Act1)

Publication of the Designs Act, cf. product, packaging, get-up, graphic symbols
Consolidate Act No. 219 of 26 February 2017 and typographic typefaces, but excluding
including the amendments which follow from computer programs,
section 3 of Act No. 670 of 8 June 2017 and (iii) “complex product” means a product
section 2 of Act No. 1533 of 18 December which is composed of multiple components
2018. 2)
which can be replaced permitting disassembly
and re-assembly of the product.
Part 1
3.-(1) A design right may only be obtained if
General provisions the design is new and has individual
character.
1.- The creator of a design (the designer), or (2) A design shall be considered to be new if
his successor in title, may in accordance with no identical design has been made available to
this Act by registration obtain an exclusive the public before the date of filing of the
right to the design (design right), cf. section 9. application or, if priority is claimed, the date
of priority, cf. section 16. Designs shall be
2.- For the purposes of this Act deemed to be identical if their features differ
only in immaterial details.
(i) “design” means the appearance of a
product or part of a product resulting from the (3) A design shall be considered to have
features of the product itself or its ornamenta- individual character if the overall impression
tion, in particular with respect to lines, the design produces on the informed user
contours, colours, shape, texture or materials, differs from the overall impression produced
on such a user by any design which has been
(ii) “product” means any industrial or
available to the public before the date of filing
handicraft item, including inter alia parts of the application or, if priority is claimed, the
intended to be assembled into a complex date of priority, cf. section 16. In assessing
1)
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 (i) by the designer, his successor in title or a
of freedom of the designer in developing the third party as a result of information provided
design shall be taken into consideration. or action taken by the designer or his
successor in title or
4.-(1) A design of a component part of a (ii) as a consequence of an abuse in relation to
complex product shall only be considered to the designer or his successor in title.
be new and to have individual character if
(i) the component part, once it has been 7.-(1) A design right shall not be obtained if
incorporated into the complex product, the design
remains visible during normal use of the (i) is contrary to public policy or to accepted
product, and principles of morality,
(ii) the visible features of the component part (ii) is in conflict with a prior design which has
comply with the requirements as to novelty only been made available to the public after
and individual character. the date of filing of the application or, if
(2) Normal use means use of the complex priority is claimed, the date of priority, cf.
product by the end user, excluding section 16, provided that the date of filing of
maintenance, servicing or repair work. the application for the prior design precedes
the date of filing of the application for the
subsequent design,
5.-(1) A design shall be deemed to have been
made available to the public if it has been (iii) unauthorised
published following registration or otherwise, (a) makes use of any of the items listed in
or if it has been exhibited, used in trade or Article 6ter of the Paris Convention for the
otherwise disclosed. Protection of Industrial Property or of badges,
(2) The design shall, however, not be deemed emblems and escutcheons other than those
to have been made available to the public if which are covered by Article 6ter of the said
Convention and which are of particular public
(i) the events referred to in subsection 1 could interest,
not reasonably have become known in the
normal course of business to the circles (b) makes use of another person’s trade mark,
specialised within the sector concerned, style or other business identifier,
operating within the European Union, before (c) makes use of a work protected by
the date of filing of the application or, if copyright law or
priority is claimed, the date of priority, cf.
section 16, or (d) contains an earlier design.

(ii) the design has been disclosed to a third (2) An earlier design means a design
party under explicit or implicit conditions of protected by
confidentiality. (i) an application or a registration in this
country
6.- A design shall not be deemed to have been (ii) an application for or a registration as a
made available to the public if it has been Community design,
published during the 12-month period (iii) a non-registered Community design, or
preceding the date of filing of the application
or, if priority is claimed, the date of priority, (iv) an international application or registration
cf. section 16, effective in this country.
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8.-(1) A design right may not be obtained practice and do not unduly prejudice normal
with respect to the features of the appearance exploitation of the design and provided that
of a product which reference is made to the source.
(i) are solely dictated by the technical
function of the product or 11.- In addition, the design right shall not be
exercised in respect of
(ii) must be reproduced in their exact form
and dimensions in order to permit the product (i) the equipment on ships and aircraft
to which the design relates to be mechanically registered in another country when these
connected to or placed in, on, around or temporarily enter the territory of this country
against another product so that either product and
may perform its function. (ii) the importation to this country of spare
(2) Notwithstanding the provision of parts and accessories for the purpose of
subsection 1(ii), a design right may be repairing and the execution of repairs on such
obtained to a design which is new and has ships and aircraft.
individual character in accordance with
section 3, provided that the design allows the 12.- The design right shall not extend to acts
multiple assembly or connection of products relating to a product protected by a design,
within a modular system consisting of when the product has been put on the market
mutually interchangeable parts. within the European Economic Area (EEA)
by the holder of the right or with his consent.
9.-(1) Subject to the exceptions following
from sections 10 to 12, the design right shall
imply that nobody may exploit the design Part 2
without the consent of the holder of the right.
Such exploitation shall include, in particular, Applications for the registration of designs
the making, offering, putting on the market,
importing, exporting or use of a product to
which the design relates, or stocking such a 13.-(1) Applications for the registration of
product for those purposes. designs shall be filed with the Patent and
Trademark Office.
(2) The design right under subsection 1 shall
include any design which does not produce on (2) The application shall state the name or
the informed user a different overall firm of the applicant and contain a
impression. In assessing the scope of the reproduction of the design.
design right, the degree of freedom of the (3) The application may moreover be
designer in developing his design shall be accompanied by a specimen. If so, the
taken into consideration. specimen shall constitute the basis for the
registration of the design.
10.- The design right shall not be exercised in (4) If the applicant is not the creator of the
respect of design, the applicant or the creator may
(i) acts done for private purposes, request that the creator of the design be stated
in the Register of Designs. If the design is the
(ii) acts done for experimental purposes and result of collaboration between more than one
(iii) acts of reproduction for the purpose of designer, a citation of the group of designers
making citations or of teaching, provided that in question may replace a citation of the
such acts are compatible with fair trade individual designers.
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(5) The prescribed fees shall accompany the (3) The same right of priority under
application. subsection 1 shall also apply if the design is
included in an application for the protection
14.-(1) An application shall only have legal of a design or a utility model in this country.
effect from the date on which the applicant (4) If an application for the registration of a
has filed a reproduction or a specimen of the design is filed in this country not later than six
design. months after the design has been displayed for
(2) An application may not be amended so as the first time at an official, or officially
to relate to a design other than the design recognised, international exhibition, the
disclosed in the application. 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.
15.- An application may comprise more than The exhibitions referred to are such
one design, provided that the products to exhibitions as are defined in the Convention
which the de- signs are intended to be applied on International Exhibitions, signed at Paris
may be referred to the same class, cf. the on 22 November 1928 and latest revised on
Agreement Establishing an International 30 November 1972.
Classification for Industrial Designs signed at
Locarno on 8 October 1968 (the Locarno 17.-(1) The Patent and Trademark Office shall
Agreement). ensure that the application relates to a design,
cf. section 2(i), and that the provision of
16.-(1) If a design is contained in an section 7(1)(i) does not prevent registration.
application for the registration of the design Furthermore, the Office shall ensure that the
or for the protection of a utility model in application comprises only one design, cf.,
another country party to the Paris Convention however, section 15.
of 20 March 1883 for the Protection of (2) The applicant may request the Patent and
Industrial Property or member of the World Trademark Office to examine other matters of
Trade Organisation (WTO), and the importance for the design right known to the
registration of the design is applied for in this Office. For the request the applicant shall pay
country within six months from the date of the prescribed fee.
filing in that other country, the application
shall at the request of the applicant for the (3) The Minister of Industry, Business and
purposes of sections 3 and 7(1)(ii) and (iii) be Financial Affairs shall lay down the specific
considered filed at the same time as the rules concerning the examination and its
application in that other country. extent.
(2) The same right of priority under
subsection 1 shall apply even if the previous 18.- If the application complies with the
application for protection does not originate requirements, and no objection has been
from a country party to the Convention or found to the registration, the design shall be
member of the WTO, provided that an registered. The registration shall be published
equivalent priority from a Danish design by the Patent and Trademark Office.
application is granted in the country where the Publication may be deferred for up to six
previous application was filed, and the months from the date of filing or, if priority is
legislation in that country is essentially in claimed, the date of priority, cf. section 16,
conformity with the Paris Convention. 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
Part 3
application, or if the Patent and Trademark
Office has other objections to the registration,
the applicant shall be notified accordingly and Publication and obligation to give
be invited to file his observations or to take information
steps to correct the application within a
specified time limit.
21.-(1) As from the date on which the design
(2) If the applicant fails to file his is registered, the files of the application shall
observations or to take steps to correct the be available to the public.
application within the expiry of the time limit,
the application shall be shelved. The (2) When six months have elapsed from the
notification referred to in subsection 1 shall date of filing or, if priority is claimed, from
contain information to that effect. the date of priority, cf. section 16, the files
shall be available to the public even if
(3) The examination of an application may be publication under section 18 has not been
resumed if the applicant within two months effected. If a decision has been made to
after the expiry of the prescribed time limit shelve or to refuse the application, the files
requests resumption and files his observations shall, however, not be available unless the
or corrects the application and within the applicant requests resumption or appeals
same time limit pays the prescribed against the refusal.
resumption fee. Resumption may be granted
only once. (3) At the request of the applicant the files of
the application shall be made available earlier
(4) If the Patent and Trademark Office has than prescribed in subsections 1 and 2.
any objections to accept the application, and
the applicant has had an opportunity to file his (4) When the files of the application are made
observations on the objections, the application available under subsection 2 or 3, an
shall be refused unless the Patent and advertisement shall be made to that effect.
Trademark Office has reason to invite the
applicant once more pursuant to subsection 1. 22.-(1) An applicant who invokes his
application for a design registration against
20.-(1) If the Patent and Trademark Office another person before the files of the
pursuant to section 19 has any objections to application have been made available to the
registration, the design may be registered in public shall on request let the said person
amended form, provided that the design in the obtain inspection of the files.
amended form complies with the (2) Any person who, either by direct
requirements for protection and retains its communication with another person or in
identity. advertisements or by inscription on products
(2) If the applicant disapproves of the or their packaging or in any other way,
decision of the Patent and Trademark Office indicates that a design is registered or its
pursuant to subsection 1 as to registration in registration is applied for without indicating
the amended form, the application shall be at the same time the number of the
refused. 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 Part 5
registration is applied for shall be given on
request without undue delay.
Termination of the registration by a court
decision or administrative examination,
etc.
Part 4

Term of the design registration 25.-(1) When a design registration has been
effected, any person may file a request with
23.-(1) A design registration shall be effective the Patent and Trademark Office for an entire
for the period or periods of five years for or partial cancellation of the registration. The
which the application has been filed counted request may exclusively be filed on the
from the date of filing of the application. The ground that
registration may, on request, be renewed for (i) the registration has not been effected in
further periods up to a total term of 25 years. accordance with sections 1 to 8,
Each period shall run from the expiry of the
preceding period. (ii) the application has been amended in
contravention of section 14(2),
(2) Notwithstanding subsection 1, the
registration shall be effective for a maximum (iii) the requirements of section 15 are not
of 15 years for a design of a component which complied with or
is used for the repair of a complex product so (iv) the registration has been maintained for
as to give the product its original appearance. more than 15 years in contravention of section
23(2).
24.-(1) The request for renewal of a design (2) A request pursuant to subsection 1 may
registration shall be effected by payment of only be filed concerning
the prescribed renewal fee to the Patent and
Trademark Office not earlier than three (i) the right to a design by the person claiming
months before and not later than six months to be rightful holder of the design,
after the expiry of the registration period. If (ii) the rights referred to in section 7(1)(ii)
the renewal fee is paid only after the expiry of and (iii)(b) to (d) by the person claiming to be
the registration period, an additional fee shall the rightful holder of the rights in question,
be paid.
(iii) use of the rights referred to in section
(2) The Patent and Trademark Office shall 7(1)(iii)(a) by the person affected by the use.
collect the prescribed renewal fee from the
(3) If a case before the courts concerning a
holder of the design or his agent. The Office
design remains to be finally decided upon, a
shall not be held responsible for any loss of
request pursuant to subsection 1 may not be
rights as a consequence of failure to collect.
filed concerning the design in question. If
(3) If the prescribed renewal fee has not been proceedings concerning a design are instituted
paid within six months after the expiry of the before the courts prior to a final decision
registration period, the registration shall be having been made on the request pursuant to
cancelled. subsection 1 relating to the same design, the
(4) The renewal of the registration shall be Patent and Trademark Office or the Patent
published. Board of Appeal shall suspend the
examination of the request until the case has
 7

been finally decided upon, unless the request of the design was in good faith when the
has been filed by the holder of the design. design was registered or when the design right
(4) For a request pursuant to subsection 1 the was transferred to him, the proceedings may
prescribed fee shall be paid. not be instituted later than three years after the
registration of the design.

26.-(1) A request pursuant to section 25(1) (4) A design registration may be revoked after
shall be accompanied by documentation. If the right to the design has lapsed or the design
the material to be used for such right has been surrendered.
documentation is insufficient, the Patent and
Trademark Office may require additional 28.-(1) A design registration may be
material in order to consider the request. maintained in amended form, provided that
(2) If the request has been filed by another the design in the amended form complies with
person than the holder of the design the requirements for protection and retains its
registration, the holder shall be informed of identity.
the material filed and be invited to file his (2) If the holder of the design disapproves of a
observations thereon. decision to maintain the registration in
amended form or fails to pay the prescribed
27.-(1) A design registration may be revoked fee for publication of the amendment, the
entirely or partially by a court decision, if registration shall be cancelled.

(i) the registration has not been effected in

accordance with sections 1 to 8, 29.-(1) If any person claims to be entitled to a
design applied for or registered, the Patent
(ii) the application has been amended in and Trademark Office may, if it finds the
contravention of section 14(2), question doubtful, invite the said person to
(iii) the requirements of section 15 are not bring it before the courts within a time limit to
complied with or be specified. If the invitation is not complied
with, the claim may be disregarded.
(iv) the registration has been maintained for Information to that effect shall be given in the
more than 15 years in contravention of section invitation.
23(2).
(2) If legal proceedings have been instituted
(2) Any person may institute proceedings concerning the right to a design, the Patent
pursuant to subsection 1. Proceedings may, and Trademarks Office shall suspend the
however, only be instituted concerning examination of the case until a final decision
(i) the right to a design by the person claiming has been given in the legal proceedings.
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 30.-(1) If any person proves to the Patent and
the rightful holder of the rights in question, Trademark Office that he, and not the
applicant or the holder of the design, is
(iii) use of the rights referred to in section entitled to a design comprised by a design
7(1)(iii)(a) by the person affected by the use. applied for or registered, the Patent and
(3) Proceedings under subsection 2(i) shall be Trademark Office shall transfer the
instituted within one year after the person in application or the registration to him if he so
question has obtained knowledge of the requests. The transferee shall pay an
registration and the other circumstances on application fee.
which the proceedings are based. If the holder
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(2) If a request has been made for the transfer 33.-(1) The Patent and Trademark Office shall
of an application or a registration, the publish the lapse of a design registration. The
application may not be amended, shelved, Office shall also publish amendments of the
refused or accepted or the registration design registration in consequence of a
amended or cancelled, entirely or partially, decision made by the Office or a court
until a final decision has been made decision concerning an entire or partial
concerning the transfer. cancellation or concerning the transfer of the
design right to another party.

31.-(1) If a design has been registered for (2) For the publication of a registration in
another person than the person entitled thereto amended form the prescribed fee shall be
under section 1, the court shall transfer the paid.
design right to the entitled person if he so
claims. If another person is entitled to the Part 6
design right, the Patent and Trademark Office
shall transfer the registration to the entitled Appeals
person.
(2) If the person who is deprived of a design 34.- Appeals from the final decision of the
registration in good faith has exploited the Patent and Trademark Office with respect to a
design in this country, or has made substantial design application may be filed with the
preparations for such exploitation, he shall be Patent Board of Appeal by the applicant. The
entitled, for a reasonable compensation and same shall apply to the holder of the design if
on reasonable terms in other respects, to a design registration is cancelled entirely or
continue the exploitation already commenced partially. If a design registration is maintained
or to implement the planned exploitation in amended or unamended form, the decision
retaining its general character. Such a right may be appealed against by the person having
shall also, under similar conditions, be filed the request for an entire or partial
enjoyed by holders of licences. cancellation of the design registration. If the
latter withdraws his appeal, the appeal may
(3) Rights pursuant to subsection 2 may only nevertheless be examined, provided that there
be transferred to others together with the are special grounds for such action.
business in which they are exploited or in
which the exploitation was intended.
35.-(1) Appeals pursuant to section 34 shall
be filed with the Patent Board of Appeal not
32.-(1) If an objection exists to the later than two months after the Patent and
maintenance of a design registration pursuant Trademark Office has notified the party
to a decision under section 25(1) or a court concerned of the decision. The prescribed fee
decision, the registration shall be cancelled by for appeal shall be paid within the same time
the Patent and Trademark Office. The Office limit. Failure to do so shall cause the appeal
shall also cancel the registration if the holder to be rejected. Filing of appeals with the
of the design surrenders the design right. Patent Board of Appeal shall have suspensive
effect.
(2) If the Patent and Trademark Office based
on a request pursuant to section 25(1) finds no (2) The decisions of the Patent Board of
grounds for an entire or partial cancellation of Appeal may not be brought before another
the registration, the request shall be rejected, administrative authority.
and the registration shall be maintained. (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 37.-(1) Any person who intentionally or
of the Board of Appeal has been given. If a negligently commits design infringement
party wants to bring a decision made by the shall pay
Patent Board of Appeal before the courts,
(i) a reasonable compensation to the injured
proceedings shall be instituted not later than
party for the exploitation and
two months after the date on which the party
concerned was notified of the decision of the (ii) damages to the injured party for the
Board of Appeal. The proceedings shall have further injury which the infringement has
suspensive effect. caused.
(2) In fixing the damages according to
subsection 1(ii) inter alia the loss of profit
Part 7 suffered by the injured party and the illicit
Liability to punishment, liability for profit obtained by the infringer shall be taken
damages, etc. into consideration.
(3) In cases comprised by subsection 1 an
36.-(1) Any person who intentionally or additional compensation may be fixed to the
grossly negligently infringes a design right injured party for non-financial injury.
(design infringement) shall be punished with
a fine. That shall also apply to infringement of
38.-(1) For the purpose of preventing further
design rights established pursuant to the
design infringements the court may, when so
Council Regulation on Community designs.
claimed, inter alia decide that a product
(2) If the infringement has been committed constituting a design infringement shall be
intentionally and under aggravating
(i) withdrawn from the market,
circumstances, the penalty may increase to
imprisonment of up to 18 months, unless a (ii) removed definitively from the market,
heavier penalty is provided for by section (iii) destroyed,
299b of the Penal Code. Aggravating
circumstances shall in particular be (iv) surrendered to the injured party or
considered to exist if a significant and (v) altered in a specified manner.
obviously unlawful profit is intended by the
infringement. (2) Subsection 1 shall apply mutatis mutandis
to materials, tools or the like which have
(3) Companies etc. (legal entities) may be primarily been used for illegal production of
held liable to punishment under the rules of the infringing products.
Part 5 of the Penal Code.
(3) The measures under subsection 1 shall be
(4) In the case of infringements comprised by implemented without compensation to the
subsection 1 proceedings shall be instituted infringer and shall not affect any damages to
by the injured party. In the case of the injured party. The measures shall be
infringements comprised by subsection 2 implemented at the expense of the infringer
proceedings shall be instituted only at the unless special circumstances tell against it.
request of the injured party unless the
institution of proceedings is required in the (4) In giving a court decision on measures
interests of the public. 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
40.- In proceedings concerning design
products, materials, tools or the like referred
infringement the invalidity of the design right
to in subsections 1 and 2 at his disposal
may only be put in issue if a claim for
during the term of protection of the design or
cancellation of the registration is set up
part thereof against a reasonable
against the holder of the design, possibly after
compensation. However, this shall only apply
the latter has been summoned pursuant to the
if
rules laid down in section 45. If the
(i) the infringer has neither acted intentionally registration is cancelled, the provisions of
nor negligently, sections 36 to 39 shall not apply.
(ii) the measures under subsection 1 would
cause the infringer disproportionate harm and
41.-(1) Any person who, in the cases referred
(iii) a reasonable compensation is sufficient. to in section 22, fails to comply with his
obligations or gives false information shall be
39.-(1) If any person without permission punished with a fine, in so far as a severer
exploits a design in respect of which punishment is not provided for by other
registration is applied for after the files of the legislation, and shall compensate the injury
application have been made available to the caused thereby to the extent found reasonable.
public, and the application results in a (2) The provisions of section 36(3) and (4)
registration, the provisions concerning design shall apply mutatis mutandis.
infringement shall apply mutatis mutandis.
That shall, however, not apply to the
provision of section 38. Any person who has 41a.- If the customs and taxation authorities
committed design infringement before the become suspicious of infringements
files have been made available to the public comprised by section 36, information to that
and who has obtained a profit thereby shall effect may be passed on to the holder of the
pay damages pursuant to section 37 to the right.
extent found reasonable, but not exceeding
the profit he is supposed to have obtained by
the design infringement. Part 7A
(2) Claims for damages under subsection 1
shall not be statute-barred earlier then 1 year Special unit on enforcement and
after the registration of the design. counterfeiting and piracy

41b.-(1) The tasks of the Patent and

39a.-(1) In a court decision by which a person Trademark Office concerning the enforcement
is held liable under section 37 or 38 the court of design rights and the combating of
may, if so requested, decide that the court counterfeiting and piracy shall be performed
decision in full or extracts thereof shall be by a special unit, which consumers,
published. businesses and authorities may approach and
obtain information and guidance.
(2) The obligation to publish shall rest with
the infringer. The publication shall be made at (2) In specific cases concerning counter-
the expense of the infringer and in such a feiting and piracy the unit shall give advice to
prominent manner as may reasonably be consumers and small and medium-sized
required. enterprises. On request and against payment
 11

of a fee the unit may give a written advisory

opinion. 44.-(1) Any person who institutes proceedings
(3) The unit shall assist the police and the for the entire or partial cancellation of a
prosecution in their efforts against design registration or for the transfer of the
counterfeiting and piracy. registration shall notify the Patent and
Trademark Office thereof for entry in the
(4) The Minister of Industry, Business and Register of Designs and by registered letter
Financial Affairs may lay down specific rules notify any licensee who is entered in the
concerning the tasks and organisation, etc. of Register with an address of the proceedings.
the unit. 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.
Part 8
(2) If the plaintiff does not prove in the
Provisions as to administration of justice summons that the notifications referred to in
subsection 1 have been given, the court may
fix a time limit for compliance with the
42.- The Maritime and Commercial Court requirements. If the said time limit is not
shall be the Community design court of first observed, the case shall be dismissed.
instance, and the Supreme Court and the High
Courts shall be the Community design courts 45.-(1) In proceedings for infringement of the
of second instance pursuant to the Regulation design right instituted by the holder of the
on Community designs. In determining design, the defendant shall notify the Patent
whether judgements of the Maritime and and Trademark Office and registered
Commercial Court pursuant to this Act may licensees in accordance with the rules laid
be appealed to the Supreme Court or the High down in section 44(1) if the defendant intends
Court section 368 (4-6) of the Administration to claim cancellation of the registration. The
of Justice Act shall apply. provision of section 44(2) shall apply mutatis
mutandis so that the claim for cancellation of
43.-(1) Provisional decisions on injunctions the registration shall be dismissed if the fixed
under the Regulation on Community designs time limit is not observed.
shall be given by the City Court or the (2) In proceedings for design infringement
Maritime and Commercial Court, cf. Part 40 instituted by a licensee, the defendant may
of the Administration of Justice Act. summon the holder of the design to attend
(2) Provisional decisions on injunctions under without regard to his venue and file a claim
the Regulation on Community designs which against him for cancellation of the
are to have effect within the territory of any registration. The provisions of Part 34 of the
Member State shall be given by the Maritime Administration of Justice Act shall apply
and Commercial Court. mutatis mutandis.
(3) Provisional decisions on injunctions
pertaining to a Community design as well as 46.- Office copies of court decisions in the
other designs protected under this Act shall be proceedings referred to in sections 27 to 29,
given by the Maritime and Commercial Court 31, 32 and 36 to 39 shall be sent to the Patent
if the provisional decision pertaining to the and Trademark Office on the initiative of the
Community design is to have effect within the court.
territory of any Member State.
 12

Part 9 49.-(1) The Minister of Industry, Business

and Financial Affairs shall lay down specific
Miscellaneous provisions provisions concerning design applications and
their examination and other processing,
47.- The Patent and Trademark Office may priority, division of design applications and
invite an applicant for a design and a holder registrations, renewal or surrender of as well
of a registered design to appoint an agent as requests for the entire or partial
residing in the European Economic Area cancellation of design registrations, the
(EEA) to represent him with respect to the keeping of the Register of Designs, exchange
application or the registration. The name and of electronic data with the Patent and
address of the agent shall be entered in the Trademark Office and the Patent Board of
Register of Designs. Appeal, the publication and contents of the
Danish Design Gazette (Dansk
Designtidende) and the procedures of the
48.-(1) If the non-observance of a time limit Patent and Trademark Office. It may thus be
vis-à-vis the Patent and Trademark Office prescribed that the records of the Patent and
prescribed by or provided for in this Act Trademark Office relating to applications
causes a loss of rights to an applicant for a filed shall be available to the public. The
design who has taken all due care reasonably Minister of Industry, Business and Financial
required, the Patent and Trademark Office Affairs may lay down specific rules
shall on request re-establish his rights. The concerning the days on which the Patent and
request shall be filed with the Patent and Trademark Office shall be closed.
Trademark Office within two months from
(2) The Minister of Industry, Business and
the removal of the obstacle causing non-
Financial Affairs shall lay down the
observance of the time limit though not later
provisions necessary for the application of the
than one year after the expiry of the time
Regulation on Community designs.
limit. The omitted act shall be completed and
the fee prescribed for re-establishment of (3) For the examination and other processing
rights shall be paid within the same time of cases concerning Community designs a fee
limits. shall be paid.
(2) The provision of subsection 1 shall apply (4) The Minister of Industry, Business and
mutatis mutandis if a holder of a design has Financial Affairs may lay down rules
failed to pay the renewal fee within the time concerning the payment for special
limit prescribed in section 24(1), provided transactions, publications, transcripts, courses,
that the request for re-establishment of rights etc.
is filed and the renewal fee paid not later than
six months after the expiry of the time limit. 50.- A registered design may also be
(3) The provision of subsections 1 and 2 shall protected by the Copyright Act from the date
apply mutatis mutandis to time limits vis-à- on which the design was created or
vis the Patent Board of Appeal. Re- established in a given shape.
establishment of rights shall be effected by
the Patent Board of Appeal.
51.-(1) The transfer of a design, the grant of a
(4) The provisions of subsection 1 shall not licence, the pledging of a design, the levying
apply to the time limits referred to in section of execution on the design or the
16. 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 54.- An international design registration with
section 31(2). validity in Denmark shall have the same legal
(2) The request for the entry, amendment or effect as if the design had been registered in
deletion of information in the Register of this country.
Designs pursuant to subsection 1 shall be
accompanied by the necessary documentation. 55.- An international design application shall
(3) In the case of a registration comprising be filed with the Patent and Trademark Office
more than one design, cf. section 15, the or with the International Bureau. The
transfer of the design right to another person international design application may be filed
may only be entered in the Register provided with the Patent and Trademark Office by
that the transfer comprises all the designs. Danish nationals and by natural persons or
legal entities having their residence in
(4) Proceedings concerning a design may Denmark or being owners of a real and
always be instituted against the person effective industrial or commercial
entered in the Register as holder of the design, establishment in Denmark.
and notifications from the Patent and
Trademark Office may be sent to the holder.
56.- At the filing of an international design
application priority may be claimed from a
52.-(1) The Patent and Trademark Office may country party to the Paris Convention or
on request undertake the performance of member of the World Trade Organisation
special tasks concerning designs and design (WTO).
rights.
(2) The Access to Public Administration Files 57.- If the design does not comply with the
Act shall, except for section 8, not apply to conditions of registration under this Act, the
the tasks referred to in subsection 1. Patent and Trademark Office may, within the
time limit laid down in the Geneva Act, notify
(3) The Minister of Industry, Business and the International Bureau of the entire or
Financial Affairs shall lay down rules partial refusal of the validity of the design in
governing that service and the payment Denmark.
therefor and governing the payment of fees
for reminders in the case of late payment.
58.- The rules laid down in the Geneva Act
shall apply to the renewal of an international
design registration.
Part 10

International design registration 59.-(1) The Minister of Industry, Business

and Financial Affairs shall lay down specific
53.- An international design registration rules for the implementation of the provisions
means a registration under the amendment of of this part of the Act. Special rules may thus
the Hague Agreement Concerning the be laid down concerning the publication of
International Registration of Industrial the internationally registered designs.
Designs adopted at Geneva on 2 July 1999
(the Geneva Act). (2) For the examination and other processing
of cases concerning international design
registration a fee shall be paid.
 14

(4) The fee for the renewal of the designation

of Denmark in an international design
Part 10 A registration shall be fixed pursuant to Article
17(2), cf. Article 7(1), of the Geneva Act.
Fees
59c.-(1) For a request for administrative
59a.-(1) For an application for the registration
examination, including examination of
of a design a fee of 1,200 DKK shall be paid,
designs included in a registration comprising
cf. section 13(5). With respect to an
more than one design, cf. section 15 and
application comprising more than one design,
section 25(4) a fee of 3,000 DKK shall be
cf. section 15, an additional fee of 700 DKK
paid for each design.
shall, furthermore, be paid for each design in
excess of one. For the publication of a design (2) For the publication of a registration in
an additional fee of 400 DKK shall be paid amended form a basic fee of 400 DKK shall
for each reproduction in excess of one. be paid, cf. section 33(2). Furthermore, an
additional fee of 400 DKK shall be paid for
(2) For an examination pursuant to section
each reproduction in excess of one.
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 59d.-(1) For a request for resumption of an
additional fee of 900 DKK shall be paid for application for a design a fee of 400 DKK
each design in excess of one. shall be paid, cf. section 19(3).
(3) The fee for the designation of Denmark in (2) For a request for re-establishment of a
an international design registration shall be design application or registration a fee of
fixed pursuant to Article 7(1) of the Geneva 3,000 DKK shall be paid, cf. section 48.
Act of 2 July 1999 of the Hague Agreement
Concerning the International Registration of (3) For a written advisory opinion pursuant to
Industrial Designs (the Geneva Act). section 41b(2) a fee of 1,500 DKK shall be
paid.

59b.-(1) For the renewal of a design

registration, cf. section 24(1), a fee of 2,200 59e.-(1) For the handling by the Patent and
DKK shall be paid, for each period, cf. Trademark Office of cases concerning
section 23. With respect to a registration applications for Community designs a fee of
which pursuant to section 15 comprises more 200 DKK shall be paid, cf. section 49(3).
than one design an additional fee of 1,100 (2) For the handling by the Patent and
DKK shall, furthermore, be paid for each Trademark Office of cases concerning
design in excess of one. applications for international registration of
(2) The provision of subsection 1 shall apply designs a fee of 200 DKK shall be paid, cf.
mutatis mutandis to the renewal of section 59(2).
registrations under section 25(1) of the
previous Designs Act.
59f.-(1) Fees paid pursuant to sections 59a to
(3) Fees pursuant to subsection 1 or 2 paid 59e shall not be refunded when the payment
after the expiry of the registration period and has been effected in due time.
up to six months thereafter shall be increased
by 20 per cent. (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 (3) This Act shall apply to designs registered
payment shall be refunded. and design applications filed after the entry
into force of this Act. With respect to designs
(3) If the Patent and Trademark Office rejects
registered and design applications filed prior
the examination and other processing paid for,
to the entry into force of this Act, the previous
fees paid in connection with the examination
rules shall continue to apply.
and other processing shall be refunded.
(4) Any person who prior to the entry into
force of this Act pursuant to section 6 of the
59g.-(1) The fees referred to in sections 59a to Designs Act, cf. Consolidate Act No. 251 of
59e are stated at the 2011-level. 17 April 1989, was exploiting a design
(2) The Patent and Trademark Office may commercially in this country, or had made
adjust the amounts stated in sections 59a to substantial preparations for such exploitation,
59e in accordance with the general price and may continue the exploitation of the design.
wage development used for the purposes of
the Government Budget. The Patent and 61. This Act shall not apply to the Faeroe
Trademark Office shall publish the current Islands and Greenland, but may by Royal
fees in a price list. Ordinance be put into force for the Faeroe
Islands and Greenland with such deviations as
the special Faeroese and Greenland
59h. The Patent and Trademark Office may circumstances may require.4)
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 Act No. 670 of 8 June 2017 to amend the
the Office where fees are charged. Administration of Justice Act, the Act on the
(2) The Patent and Trademark Office may Brussels I Regulation etc. and various other
transfer income from fees charged under this acts (Amendment of the rules for lay judges,
Act to Nævnenes Hus to the payment of costs implementation of the Convention on Choice
associated with the Board of Appeal for of Court Agreements etc.)5) contains the
Patents and Trademarks. following provision as to entry into force:

Section 12
Part 11
(1) This Act shall enter into force on 1 July
Provisions as to entry into force and 2017, cf. section 2.
transitional provisions (2) (Excluded)

60. (1) This Act shall enter into force on 1 __________

October 2001. The Minister of Industry,
Business and Financial Affairs shall, Act No. 1533 of 18 December 2018 to amend
however, determine the date for the entry into the Trade Marks Act and various other Acts
force of Part 10.3) and to abolish the Collective Marks Act
(Examination of applications, grounds for
(2) The Designs Act, cf. Consolidate Act No. refusal, reproduction of trademarks, goods in
251 of 17 April 1989, shall be repealed, cf., transit, transfer of fee income etc.)6) contains
however, subsection 3. 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.