Design right in brief

Design right protects new design against copying. The registration of a design right at the National Board of Patents and Registration (NBPR) provides, with certain exceptions, an exclusive right to use the design in Finland, i.e. others may not use the design without the consent of the design right owner.

Design right protects the appearance of a product or a part of a product, i.e. the design. Everyday items, such as bookcases, ties, bread rolls, graphic symbols or even the interior of a hamburger restaurant can be protected. Furthermore, integral parts of products can be protected, such as fabric patterns or coffee cup handles. However, the object of protection must always be a concrete article: for instance, plans, ideas or liquids cannot therefore be protected.

The requirements for registration

Design right is granted if the design is new and has individual character. A design is considered new if no identical design has been made available to the public before the date of filing of the application. An exception to this is the ‘grace period’, which means that you can use the design for one year before its registration without losing its novelty. This enables you to test the market before registration. It is however advisable that the design is not made available to the public in any way before a design right application is filed with the NBPR.

Individual character means that the overall impression of the design differs sufficiently from the overall impression of any design already been made available to the public. The individual character is assessed in each group of products from the point of view of an informed user. For instance, the degree of freedom of a screw designer is more limited than that of a chair designer.

A design does not have to be artistic in order to be registered, but simple or commonplace designs cannot be registered. Basic geometrical forms such as spheres or squares cannot therefore be registered in order to obtain exclusive rights to them. The obstacles to registration mentioned in the Registered Designs Act can also prevent registration.

How to apply for registration

Registration is applied for in writing by using a form (in Finnish) provided by the NBPR. Further instructions on how to fill in the application form. The design right application becomes pending only after the application fee of €185 has been paid. Additional fees may also be charged. Before you file an application, it is useful to at least check in our free DesignsNet design database whether there are any previous designs that prevent the registration of your design. When a design right application leads to registration, the registration is valid for five years from the filing date and can be renewed for four further periods of five years.

Further details/Contacts

We are pleased to serve you in any matter concerning the application for and registration of design right. If you have any questions about design right, please do not hesitate to contact our advisory service for clients on +358 (0)29 509 5532 .