Legislative Texts
Regulation on registration of a design
Table of Contents page CHAPTER I Application......................................................................................................... 1 CHAPTER II Journal ............................................................................................................. 3 CHAPTER III Priority............................................................................................................ 4 CHAPTER IV Division........................................................................................................... 4 CHAPTER V Search.............................................................................................................. 5 CHAPTER VI Registration ..................................................................................................... 5 CHAPTER VII Register of Designs ......................................................................................... 5 CHAPTER VIII Publication .................................................................................................... 7 CHAPTER IX Postponement of Registration............................................................................ 7 CHAPTER X Invalidation....................................................................................................... 8 CHAPTER XI Renewal.......................................................................................................... 10 CHAPTER XII Miscellaneous provisions ................................................................................. 10
CHAPTER I
Application
Article 1
An application for the registration of a design shall be written on an application form for the purpose
and filed with the Patent Office. The application shall be signed the applicant or his agent and shall include a
request for registration.
Applications shall also specify:
1) the name, address of the applicant, as well as his identification number, if the applicant does not have an agent, 2) if the applicant has an agent, his name, address and identification number, 3) the name and address of the designer, 4) a name which describes the design, 5) whether the design concerns the appearance and composition of the product or its decoration, 6) whether protection is sought for the design in color, 7) which of the applicants, in cases where more than one person is applying jointly for a design,
shall be empowered to receive notifications from the registration authorities,
8) information in accordance with Article 9 if priority is claimed on the basis of provisions of Article 7 of the Design Protection Act (hereafter referred to only as “the Act”), 9) information concerning a request for the postponement of registration, if applicable. The application shall include: 1) three copies of each graphic or photographic reproduction showing the design clearly. When
applying for protection for a decoration such illustration must show the decoration on a product,
2) power of attorney, if the applicant has an agent,
3) proof of the right of the applicant to the design if the applicant is not the designer.
The time limit for submitting power of attorney and proof of the right of the applicant to the design is
three weeks from the date the application was received. The prescribed application fee shall accompany the application.
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Article 2 The following may be included in an application:
1) a description of the design, 2) a model of the design, 3) specification of the product for which the design is to be registered, 4) specification of the classifications to which the applicant considers the design to belong.
The applicant may only submit the above–mentioned documentation and information when filing the application.
The registration authorities may, however, request the submission of such documentation later if considered necessary for purposes of clarification.
The description shall contain a short explanation (max. 150 words) of what protection is sought for. It shall mention the main aspects which make the design unique. Such description shall neither discuss the advantages of the design nor make any contention as to its value.
The name of the design shall serve primarily to explain the illustration. The name of the design does not limit the scope of protection. In the case of multiple registration each design must have its own name.
Article 3
The application and description shall be in Icelandic. Other accompanying documents may be in Icelandic. Danish, Norwegian, Swedish or English.
The registration authorities may demand that an authorised translator, or other party recognized by the registration authorities, attest to the translation of the accompanying documents.
Article 4
Three copies of each illustration of a design shall be filed, no larger than A4 (21 cm x 29.7 cm). Each illustration may only show one design from a single point of view. If more than one illustration is submitted of the same design they shall be distinguished from each other and lettered or numbered in the proper order. Words of explanation may appear on the illustrations (e.g. “up”, “down”, “cross–section”). The illustrations and written text must be suitable for offset reproduction in black and white and be reproducible in various sizes. If registration in color is requested, one copy of the illustration shall be in color.
If an applicant submits a model of a design it must be of durable material. The model may not weigh more than 4 kg and shall be encompassable within a cube having 40 cm long edges. Models made of sensitive or dangerous materials may not be submitted.
Should more than one design be involved in the application, illustrations of each individual design must be submitted. Illustrations of the same design shall have the same number. There must be clear indication as to which illustrations belong to which design.
Article 5
The registration authorities shall mark each application with the date of filing and give it an application number.
An application is considered to have been received if it includes:
1) the name and address of the applicant,
2) the name and address of the designer,
3) a request for the registration of the design,
4) illustrations, i.e. drawings or photographs which show the design clearly, or a model of it,
5) application fee.
An application sent by facsimile is considered to have been received if the documents, especially the illustrations, are sufficiently clear and evidence is included that payment has been made. The applicant must, however, file the original documents within 14 days of the receipt of the facsimile.
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An application which is filed without the payment of the required fees is not considered to have been received. The registration authorities shall, however, preserve the application for one week, at the end of which it shall be dismissed if payment has not been received.
The object of an application may not be altered after it has been received.
Article 6
The registration authorities shall classify the design in accordance with the provisions of the Locarno Agreement of 8 October 1968, cf. the Annex to this Regulation.
The applicant or his agent shall be notified of the classification of the design and given a time limit of at least one week to submit his comments on the classification. The registration authorities shall make the final decision as to classification.
CHAPTER II
Journal
Article 7
The registration authorities shall keep a computerized journal of applications received.
The following information for each application shall be entered into this journal:
1) the application number and date of filing,
2) the name and address of the applicant,
3) if the applicant has an agent, his name, address and identification number,
4) the name and address of the designer,
5) the name of the design,
6) whether protection is sought for appearance and composition of a product or a decoration,
7) whether protection is sought for the design in color,
8) which of the applicants, in cases where more than one person is applying jointly for a design,
shall be empowered to receive notifications from the registration authorities,
9) the name of the country where a prior application was filed if priority is claimed on its basis, in
addition to the number and date of filing,
10) information concerning a request by the applicant for the postponement of registration,
11) information on fees paid concerning the application,
12) information as to the processing and progress of the application.
Information shall be available from the journal concerning applications which have already been made accessible to the public. Up until that time, however, the registration authorities may provide any information mentioned in the second paragraph.
Article 8
Should notification be received of the transfer of ownership of a design for which registration has been sought, the name of the new applicant shall only be entered into the journal if proof of the transfer is provided.
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CHAPTER III
Priority
Article 9
In order to benefit from priority, in accordance with Article 7 of the Act, an applicant must request this in his application and specify where the application, upon which the claim of priority is based, was filed, its date and application number.
Article 10
The registration authorities may require that priority be confirmed within a certain period of time, by means of a certificate from the registration authorities who received the application upon which the applicant is basing his priority. The certificate shall specify the date of filing and the name of the applicant. The registration authorities may, in addition, require a copy of the application together with illustrations of the design.
Should the above–mentioned documentation not be received by the time prescribed the right to claim priority shall lapse.
If a claim of priority is withdrawn this shall be notified in writing.
Article 11
An application may only serve as the basis for priority if it is the first involving the design in question.
Should the applicant of the first application, or a transferee, subsequently have filed an application concerning the same design at the same location, the latter application may, however, serve as the basis for a claim of priority if the former application has been withdrawn upon the delivery of the latter, or dismissed or rejected before it was made accessible to the public, and provided that no rights or claim of priority are based upon it. If priority has been established on the basis of such a subsequent application, priority may not be based on the former application.
Article 12
When protection is sought for more than one design in the same application priority may be claimed for each individual design. A claim for priority may be based on applications from more than one State.
CHAPTER IV
Division
Article 13
If an application, in the opinion of the registration authorities, covers more than one design the applicant shall be given the opportunity to divide it into two or more applications. The applicant shall be allowed a time limit of two weeks to this end. This time limit shall be calculated from the date upon which the applicant filed the original application or the date of the letter from the registration authorities concerning the necessity of division.
An applicant may also submit a request for division within two weeks of filing even though the registration authorities have not made any suggestions to this effect.
At the request of the applicant any new application may be considered as having been filed the same day as the original application.
An application, which arises from the division of an original application, must include the date of filing and application number of the original application.
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CHAPTER V
Search
Article 14
If a search by the registration authorities reveals that an application does not fulfill the requirements of Articles 1 and 3 of the Act, it shall be rejected. Before an application is eradicated the applicant shall be given the opportunity to explain his case and/or seek the required authorizations for marks or symbols included in the design. If an applicant’s explanation or documentation does not give grounds for altering the previous conclusion of the registration authorities, the application shall be eradicated from the Register of Designs forthwith.
Should an application fail to comply with the requirements of Articles 14, 15 and 17 of the Act, the applicant shall be notified of formal errors in the application as soon as possible. The notification shall include information to the effect that the application may be dismissed if the errors are not rectified within four weeks’ time.
Article 15
Only designs registered in this country and designs for which registration has been sought and which have been made accessible to the public form the basis of a search in accordance with Article 18 of the Act.
If a search is requested in accordance with the first paragraph of Article 18 of the Act unconnected to an application, the results of such search shall not affect the handling of a subsequent application for that design.
Should the registration authorities refuse to register a design on the basis of a search carried out at the demand of the applicant, the applicant shall be notified of such as soon as possible. The notification shall explain the reasons for the rejection of the registration. An applicant shall be allowed a time limit of two months to express himself concerning the rejection before an application is dismissed.
CHAPTER VI
Registration
Article 16
When an application for design fulfills the requirements specified in the Act and the demands made concerning applications in this Regulation, the design shall be registered and the proprietor sent a confirmation of the registration.
CHAPTER VII
Register of Designs
Article 17
The registration authorities shall keep a register of registered designs. The Register of Designs shall include the following information: 1) | the numbers of application and registration, |
2) | the name and address of the registered proprietor, |
3) | if the proprietor has an agent, his name, address and identification number, |
4) | the name and address of the designer, |
5) | the name of the design, |
6) | whether protection concerns the appearance and composition of a product or its decoration, |
7) | whether protection is sought for the design in color, |
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8) the classification or classifications to which the design is considered to belong,
9) information as to the products which are to be characterized by the design, if available,
10) the date upon which the application was:
a) received, or considered to have been received,
b) registered,
c) made accessible to the public, if this was not done concurrent with the date of registration,
d) published,