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Denmark - Design Law Revision

Danish Design law has been amended to implement the EU's Directive on Harmonization on the Protection for Designs (see our March 1999 Newsletter). The amended law came into effect on October 1, 2001. Among the major changes are those set out below.

(1) Relaxation of the novelty requirement to conform with the EU's test that there should have been no disclosure of the design such that it could reasonably have become known in the normal course of business to the circles specialized in the sector concerned, operating within the Community before the filing date of the application for protection or where appropriate the priority date of the application from which priority was claimed.

(2) Introduction of a twelve month grace period when determining novelty if the disclosure was by the designer or his assignee.

(3) Extension of the maximum term of protection to twenty-five years, except in the case of spare parts where the term remains fifteen years. In any case spare parts will only be protectable if they remain visible during normal use of the article.

(4) All "products" will now be protectable, apparently including, for example images on a computer screen.

(5) Henceforth challenges will to a registered design will be able to be made in administrative proceedings throughout the duration of protection and not just during an opposition period as previously.
The new law will apply only to designs registered on applications filed after October 1, 2001.


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© Copyright 2002 Ladas & Parry - Posted February 2002
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