Registered Designs Decree
(Unofficial translation)
(Decree No. 252/71 of 2 April 1971, as amended by Decrees No. 943 of 3December 1976, No. 1703 of 22 December 1995, No. 620 of 18 July 2002, No. 357 of 14 April 2011, No. 583 of 18 July 2013)
Registration Application and Official Register
Section 1
Applicationsfor registration of designs shall be delivered to the Finnish Patent and Registration Office (the registering authority).
Section 2
An application for the registration of a design shall consist of awritten communication (application document) and accompanying documents.
The application document shall be signed by the applicant or his or her agent, and shall contain:
(1)the applicant's name, domicile and address and, where the applicant isrepresented by an agent, the agent's name, domicile and address;
(2) the name and address of the creator of the design;
(3)where the design has been created by a person who is not the applicant,confirmation by the applicant that the design right has beentransferred to the applicant;
(4) indication of the products for which registration of the design is applied for;
(5) information as to whether priority in accordance with section 8 of the Registered Designs Act (221/1971) is requested;
(6)information as to whether the applicant requests deferment of designregistration and publication under section 18 of the Registered DesignsAct;
(7) information identifying the documents accompanying the application document.
The following documents shall accompany the application document:
(1) a representation or representations of the design;
(2) where the applicant is represented by an agent, a power of attorney.
Section 3
The application document and accompanying documents shall be in theFinnish or Swedish language in accordance with the legislation in forcerelating to languages. If the applicant is a foreigner, the applicationdocument and accompanying documents shall be in Finnish. If a documentaccompanying the application is in a foreign language, a translationinto Finnish or Swedish shall be filed if the registering authority sorequests.
Section 4
The representations of thedesign shall be filed in triplicate. All representations shall be of asize not exceeding A4 (21 x 29.7 cm; 8.2 X 11.6 in). The representationsshall be suitable for reproduction in black and white in another size.
Wherethe applicant deposits a specimen of the design, it shall be of durablematerial and must not exceed 40 centimetres (15.6 in) in any dimensionor weigh more than 4 kilograms (8 lb 13 oz). An object that is subjectto decomposition or that is dangerous may not be deposited as aspecimen.
Where an application relates to more than one design, aseparate representation or representations shall be submitted for eachdesign. In the case of such an application, the representations and thespecimens, if any, shall be clearly marked with consecutive numbers.
Section 5
The registering authority shall state on an application forregistration the serial number of the application and the date ofreceipt of the application.
Section 6
Theregistering authority shall keep an official register of applicationsfor registration of designs received. The official register shall beaccessible to the public.
The following shall be entered in the official register for each application:
(1) the filing date of the application and the serial number;
(2)the date when a representation or representations or a specimen of thedesign was first deposited, if this date is not the filing date;
(3) the product(s) for which registration of the design is applied for and the class(es) to which the design is assigned;
(4) the applicant's name, domicile and address;
(5) where the applicant is represented by an agent, the agent's name, domicile and address;
(6) the name and address of the creator of the design;
(7)if priority has been requested, the place where the previousapplication referred to was filed, the date and serial number of thatapplication;
(8) whether the applicant has requested deferment ofdesign registration and publication in accordance with section 18 of theRegistered Designs Act;
(9) any specimens deposited, written communications received and fees paid;
(10) decisions made in the case;
(11)any deferment granted because of conflict under section 14 with anearlier application; a corresponding note shall be made on the recordsof the earlier application.
Section 7
Where anotification is made to the registering authority that a design forwhich registration has been applied for has been transferred to anotherperson, such person may be entered in the official register as anapplicant only if the transfer of the right has been confirmed.
Priority
Section 8
Section 8 has been repealed by Decree 18.7.2002/620.
Sections 9–11
Sections 9 to 11 have been repealed by Decree 14.4.2011/357.
Division
Section 12
Where an application relates to more than one design, the applicantmay divide the application by filing more than one; in such a case, thesaid applications shall be deemed to have been made simultaneously withthe original application.
New application fees and additional feesas provided for in section 47 of the Registered Designs Act shall bepaid for such applications, if they have not already been paid.
Processing of Applications for Registration
Section 13
In the examination for fulfillment of the conditions for registrationof a design, the registering authority shall take into considerationeverything of which that authority has knowledge.
The registeringauthority shall conduct an examination as to novelty which includesnational applications for registration that have been filed before thefiling date, as well as designs that have been entered in or removedfrom the register. The examination shall also include internationalapplications for registration that have been filed before the filingdate and valid international design registrations, both designatingFinland.
The eligibility for registration of a design in relationto sections 4, 4 a and 4 b of the Registered Designs Act shall beinvestigated by the registering authority to the extent necessitated bythe substance of the design and without a substantial delay in theprocessing of the application.
Section 14
In thecase of conflict with an earlier application for registration of adesign, the registering authority may defer the processing of the laterapplication until a decision has been made with respect to the earlierapplication or until the earlier application becomes available to thepublic or until the conflict has ceased as the result of a change in theapplication.
Publication of registration of a design
Section 15
Publication of registration of a design shall contain:
(1) the serial number of the application;
(2) the registration number of the national or international registration;
(3)indication of the date on which the application was filed or is deemedto have been filed in accordance with section 10 a of the RegisteredDesigns Act;
(4) the name and domicile of the registration holderand, where the holder is represented by an agent, the agent's name anddomicile;
(5) the name of the creator of the design;
(6) indication of the articles for which the design is registered and of the classes to which the design has been assigned;
(7)information regarding priority requested and as to where theapplication to which reference is made was filed and the date and serialnumber of that application;
(8) a representation or representations of the design;
(9) information as to whether a specimen has been deposited;
(10) information as to whether the representation or representations are in colour.
Opposition proceedings
Section 16
Anyopposition to the registration of a design and any later writtencommunications from the registration holder and opponent shall be filedwith the registering authority in triplicate, together with accompanyingdocuments. The grounds for the opposition shall be stated.
Section 17
Where an opponent is represented by an agent, a power of attorney shall be filed with the registering authority.
Section 18
The registration holder shall be supplied with copies of all written communications and accompanying documents from opponents.
Wherethe holder submits a statement regarding the opposition, theregistering authority shall decide whether a further exchange ofcorrespondence is required.
Section 19
If,before the time prescribed for opposition, the registering authorityreceives a written communication that is of importance for theregistration of the design, the applicant shall be informed thereof. Ifanyone sends such a written communication, the registering authorityshall draw his or her attention to the possibility of enteringopposition after the registration of the design, except where a betterright to the design is in question.
The Register of Designs
Sections 20–21
Sections 20 to 21 have been repealed by Decree 14.4.2011/357.
Section 22
If one or more applicants have, on the same day, applied forregistration of two or more designs the overall impressions of which donot differ from one another, this fact shall be recorded in the Registerof Designs and on the registration certificate for each designconcerned, when the designs are registered; the application number andregistration number of each of the other designs shall also beindicated.
Section 23
Section 23 has been repealed by Decree 14.4.2011/357.
Section 24
Any notification made to the registering authority that a person has taken legal action for cancellation of the registration of a design in whole or in part, for transfer of registration, or for the granting of a compulsory license shall be recorded in the register.
When a copy of a decision has been sent to the registering authority in accordance with Chapter 4, section 23, of the Act on the Judicial Proceedings at the Market Court (100/2013) or section 44 of the Registered Designs Act, this fact shall be recorded in the register. Once the decision has become final, an entry shall be made in the register in such a way that the main content of the decision is apparent.
Section 25–26
Sections 25 to 26 have been repealed by Decree 14.4.2011/357.
Section 27
Where the registration of a design is renewed, this shall be noted in the register.
Publicationof renewal shall contain information as to the design's registrationnumber, the date of commencement of the renewal period, and the name ofthe design right owner.
Section 28
Where a registration has ceased to be in force, the design shall be removed from the register by the registering authority.
Wherea design has been removed from the register or it has been modified orwhere a design right has been transferred to another person or cancelledin part in consequence of a judgment having become final, this shall bepublished by the registering authority.
Fees
Sections 29 to 32 have been repealed by Decree 3.12.1976/943.
Special Rules
Section 33
Designs shall be classified in one or more classes. The classificationof designs shall be drawn up by the registering authority.
Section 34
Notices in matters concerning the protection of designs shall bepublished in a designs gazette issued by the Finnish Patent and Registration Office.
Section 35
A modeldeposited with the registering authority in accordance with section 10of the Registered Designs Act shall be kept by the authority until fiveyears have elapsed after the expiry of the registration. If the designright owner has not, during the five-year period, requested its return,the registering authority may destroy the model.
Section 36
Section 36 has been repealed by Decree 14.4.2011/357.
Section 37
Priority in accordance with the provisions of section 8 may not bebased on an application filed in a foreign country before the entry intoforce of the Registered Designs Act on 1 April 1971.
Entry into force and application of amendments:
3.12.1976/943:
22.12.1995/1703:
This Decree enters into force on 1 January 1996.
This Decree applies to applications filed after its entry into force.
18.7.2002/620:
This Decree enters into force on 1 August 2002.
14.4.2011/357:
This Decree enters into force on 1 May 2011.
18.7.2013/583:
This Decree enters into force on 1 September 2013.