Industrial Designs Law in Faroe Islands (Denmark)
In the Faroe Islands, industrial design protection is governed by Danish legislation, specifically the Designs Act (Consolidation Act No. 128 of May 27, 1970), which implements the European Union's Directive 98/71/EC on the legal protection of designs. However, it's important to note that the Act does not automatically apply to the Faroe Islands. It may be extended to the Faroe Islands through a Royal Ordinance, considering the special conditions of the region .(WIPO Lex)
📝 Registration Process
Eligibility Criteria: To qualify for protection, an industrial design must:
Be novel, meaning no identical design has been made available to the public.(Wikipedia)
Have individual character, meaning the informed user would find it different from other designs available to the public.(Wikipedia)
Not be dictated solely by technical function.
Application Submission: Applications for industrial design registration must be submitted to the Danish Patent and Trademark Office (DKPTO), which handles IP matters for Denmark and its territories, including the Faroe Islands. Applicants can file:
National Applications: For designs not claiming priority from previous filings.
Convention Applications: For designs claiming priority based on earlier filings in other countries.
The application should include:
A representation of the design.
An indication of the product in which the design is intended to be incorporated.
Applicant's details.
Payment of the prescribed application fee.
Multiple designs can be included in a single application. The International Classification of Industrial Designs (Locarno Classification) is used for classification purposes .(dkpto.org)
⏳ Duration and Renewal
Initial Protection: 5 years from the filing date.
Renewal: The protection can be renewed for additional periods, totaling up to 25 years.
Annuity payments are required starting from the third year of protection. Late payment is possible within a 6-month grace period after the due date .(dkpto.org)
🌍 International Protection
The Faroe Islands are covered by the Geneva Act of the Hague Agreement concerning the International Registration of Industrial Designs. Therefore, designers can seek protection in multiple countries through a single application filed with the World Intellectual Property Organization (WIPO) .(AWA Point)
⚖️ Enforcement and Legal Remedies
Registered design owners in the Faroe Islands have the right to take legal action against infringement. Remedies include:
Injunctions: Court orders to stop infringing activities.
Damages: Compensation for losses suffered due to infringement.
Account of Profits: Recovery of profits made by the infringer from the unauthorized use of the design.
Designs may also be subject to cancellation proceedings if they do not meet legal requirements or if there are grounds for invalidity .
✅ Summary
Governing Legislation: Danish Designs Act (Consolidation Act No. 128 of May 27, 1970).(WIPO Lex)
Registration Authority: Danish Patent and Trademark Office (DKPTO).(dkpto.org)
Application Process:
Submit application with required documents.
Undergo formal examination.
Receive registration and publication.
Duration:
Initial protection: 5 years.
Renewal: Up to 25 years.
Annuity payments required from the third year.
International Protection: Available through the Geneva Act of the Hague Agreement.
Enforcement: Legal actions available for infringement.
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