Who can apply for and own a design?
Anybody, a person or a company.Scope
What may and may not be protected?
A design needs to be new/novel and must have individual character. In addition, the elements of a product that are not visible during normal use, or a design that is determined solely by the technical function of the product cannot obtain design protection in Denmark. The examiner does not examine these conditions during the examination procedure.
However, the office will examine ex officio whether a design is contrary to public policy or morality prior to acceptance and registration.Costs
What are the costs involved in registration?
The costs involved in registration are as follows:
- filing fee for the first design: 1,200 Danish kroner (approximately €160);
- filing fee for each additional design in a joint application: 700 Danish kroner (approximately €95);
- publication fee for each additional view exceeding the first: 400 Danish kroner (approximately €55);
- supplementary fee (voluntary) for searches – first design: 1,500 Danish kroner (approximately €200);
- supplementary fee (voluntary) for searches – second design in a joint registration: 900 Danish kroner (approximately €120);
- renewal for period of five years (maximum duration, 25 years):
- fee first design: 2,200 Danish kroner (approximately €295); and
- fee for each additional design in a joint registration: 1,100 Danish kroner (approximately €150); and
- request for administrative cancellation: 3,000 Danish kroner (approximately €400).
Is there a grace period for filings?
A design is not considered to have become publicly available or disclosed if publication took place within 12 months before the day that the application was submitted or the priority date, if priority has been claimed:
- by the designer or the person to whom the designer’s right has been transferred, or by others on the basis of information provided or measures taken by the designer or the person to whom the designer’s right has been transferred; or
- as a result of abuse in relation to the designer or the person to whom the designer’s right has been transferred.
Law stated dateCorrect on:
Give the date on which the information above is accurate.
14 October 2020.