Preconditions for Registration of Designs and Obstacles to Registration

A registered design must be novel and it shall have individual character.

Novelty of design means that the design, or a design which is different only in immaterial respects, has not yet become public. Individual character, on the other hand, means that the overall impression of the design must be sufficiently distinct in comparison to other designs. The overall impression is assessed from the perspective of a so-called informed user, which in practice refers to a person with knowledge and insight of different designs of comparable products without, however, being a designer in the relevant field. As regards complex products, a part thereof shall be regarded as having individual character, if the said part is visible during normal use of the product, and such visible characteristics fulfill the requirements of individual character and novelty.

The requirement of novelty is subject to a so-called 12-month grace period. This means that the design does not lose its novelty, if it becomes public due to acts of someone else than the designer but based on information provided or acts of the designer. The purpose of this provision is to enable, on the one hand, use of the design, for instance, for testing purposes prior to registration and, on the other hand, to preserve the right to register the design also if the designer has published the design without being aware of the registration possibility.

A general requirement for registration of design is that the design must be a result of creative work. A design right cannot be registered for features solely dictated by the product’s technical characteristics. In addition, designs which are contrary to public order or accepted principles of good morality may not be registered. In addition to the general requirements, the Registered Designs Act contains listed examples of obstacles to registration, for instance, if the design incorporates an official coat of arms or mark, or infringes another party’s copyright. An obstacle to registration may, however, be removed subject to proper permission for such use that constitutes an obstacle.