LØJE IP is a reliable and efficient partner for registering and protecting designs in Denmark, the EU and the rest of the world.
Design protection includes the appearance of a product, for example handicrafts or the shape of a packaging. Design protection is also called “the small copyright” because there is significant overlap between design and copyright. Contrary to copyright, design protection is limited to the appearance of products.
A design protection gives you the exclusive right to use the design, in order to prevent other’s commercial use of the same or similar designs.
The design protection does not include the function of the product.
A number of conditions must be met before design protection can be achieved. In particular it must be a “new” design of “individual” character. LØJE IP is a specialist in handling and assessing these specific requirements, and has extensive experience in registering designs in Denmark, the EU and globally.
Design protection can be achieved in the EU without registration just by publishing the design. This gives an unregistered design right but has a limited duration of three years.
LØJE IP can help you with:
- Strategic advice on the protection of corporate products
- Registration of designs worldwide
- Investigation and assessment of possible violations at international level
- Litigation on design disputes
- Licensing and commercialization of designs
- Assistance with design monitoring
Facts about design protection in Denmark
Design laws are harmonized to a great extent throughout Europe and in Denmark. The Danish registry is seldom used. The main reason for doing so is, if the applicant wants to take advantage of the fact that the Danish registration system, does not have a repair clause. Thus, unlike the EU system, spare parts for complex products may be registered and registrations comprising such parts may be enforced against use of the design as a spare part.
The Danish design law broadly implements the EU design directive. As a result, the rules in the other EU Member States are very similar to the Danish ones. However, there are some differences. In order to obtain protection under the Design Act, the design must be registered. This is done by submitting an application to the Danish Patent and Trademark Office. Many designs, especially industrial designs, are not sufficiently original to be protected by copyright law. In this case, protection as a registered design is the best option.
However, it rarely makes commercial sense to register a design in Denmark, as an EU design registration costs the same or less and provides protection in all member states. Therefore, it is only relevant to apply for registration in Denmark if you are dealing with spare parts where other rules apply in Denmark than the rest of the EU. Furthermore, protection in Greenland and the Faroe Islands requires that a Danish design registration be obtained.