Designs—Denmark—Q&A guide

The following IP practice note provides comprehensive and up to date legal information covering:

  • Designs—Denmark—Q&A guide
  • 1. What is the relevant legislation?
  • 2. Are design rights considered to be distinct or treated as patent rights?
  • 3. Which agency is responsible for registration and grant of design rights?
  • 4. Is there any overlap between design rights and other rights?
  • 5. What protection and rights are there for unregistered designs?
  • 6. How much use is generally required to establish unregistered design rights?
  • 7. What exclusions apply to unregistered design rights?
  • 8. Who can apply for and own a design?
  • 9. What may and may not be protected?
  • More...

Designs—Denmark—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to designs in Denmark published as part of the Lexology Getting the Deal Through series by Law Business Research (published: October 2020).

Authors: Plougmann Vingtoft—Ellen Breddam

1. What is the relevant legislation?

The consolidation Design Act 89 of 29 January 2019 is the relevant legislation. 

2. Are design rights considered to be distinct or treated as patent rights?

Design rights in Denmark are considered to be distinct.

3. Which agency is responsible for registration and grant of design rights?

The Danish Patent and Trademark Office is the agency responsible for registration and the grant of design rights.

4. Is there any overlap between design rights and other rights?

Yes, copyright, trademarks and the Danish Marketing Act have some overlap with design rights.

5. What protection and rights are there for unregistered designs?

Unregistered designs are protected in accordance with the EU Design Regulation, not the Danish Design Law.

6. How much use is generally required to establish unregistered design rights?

It is sufficient that the design has been published or shown in public once.

No requirement exists as to the extent of use. However, the unregistered EU design must fulfil the same requirements as a registered Danish design in order to be enforced, namely, that it is new and has individual character, meaning that it differs from any other previous design and that it is not

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