Design Rights Internationally

In case international registration of design rights is desired, a separate application for registration must be made in each relevant country. The application must meet the requirements of each country in question.

It is possible to obtain a protection for a registered design that covers the entire territory of the European Union by filing a single application (so-called Community Design). The protection of a Community Design arises and expires simultaneously within the entire area. The application may be filed electronically with the European Union Intellectual Property Office (EUIPO), located in Spain. Information regarding the application procedure, forms and fees can be obtained on the EUIPO website.

Protection of a Community Design can be obtained without registration also. In such case, protection is obtained automatically through publication of the design. However, protection is of limited scope and covers infringement by copying only. Duration of protection of such design rights is three years.

Following ratification of the Hague Agreement Concerning the International Deposit of Industrial Designs by the European Union in 2008, it is also possible to apply for international registration of a design right in the member states of the Hague System. An international application is filed with the World Intellectual Property Organization (WIPO) in Geneva, and results in a number of national registrations of the design right. As regards the European Union, the application will be approved by the European Union Intellectual Property Office (EUIPO) on behalf of all EU Member States.

If priority obtained as a result of an application filed in Finland is sought in an international application, the novelty of the design is assessed by reference to the date of filing of such application in Finland. Priority must be sought within six (6) months of filing the application.