Industrial Designs Law in Finland
Certainly! Here’s a detailed overview of the Industrial Designs Law in Finland:
Industrial Designs Law in Finland
Legal Framework
Industrial designs in Finland are primarily governed by the Finnish Act on the Protection of Designs (Design Act 221/1971).
Finland is a member of the European Union (EU) and adheres to EU-wide industrial design regulations.
The Finnish Patent and Registration Office (PRH) is the national authority responsible for design registrations.
Finland is also a party to important international agreements regarding industrial designs.
What is an Industrial Design?
An industrial design protects the appearance of a product or part of a product, including:
Shape
Pattern
Color
Texture
Material or its ornamentation
It covers aesthetic or ornamental aspects, not functional or technical features.
The design must be new and have individual character.
Protection under Finnish Law
Definition:
The design means the appearance of the whole or a part of a product resulting from features such as lines, contours, colors, shape, texture, or materials.
Registration Authority:
The Finnish Patent and Registration Office (PRH) administers industrial design registrations.
Eligibility:
The design must be new (not made available to the public anywhere in the world before the filing date).
Must have individual character, meaning it creates a different overall impression on the informed user compared to prior designs.
Exclusions:
Designs dictated solely by technical function.
Designs contrary to public order or morality.
Registration Process
Applicants file an application with PRH including representations (drawings, photographs, or samples) of the design.
PRH conducts a formal examination to verify the application’s compliance.
Registered designs are published in the Design Gazette.
A certificate of registration is issued upon acceptance.
Duration of Protection
Initial protection is for 5 years from the filing date.
Protection can be renewed in 5-year periods, up to a maximum of 25 years.
Rights Conferred
The registered owner gains the exclusive right to use the design.
The owner can prevent others from manufacturing, selling, or importing articles bearing or embodying the protected design without consent.
Rights can be transferred or licensed.
International Treaties and EU System
Finland is a party to key international treaties:
Hague Agreement for the International Registration of Industrial Designs (via WIPO)
Paris Convention for the Protection of Industrial Property
TRIPS Agreement under the WTO
As an EU member, Finland also recognizes:
Registered Community Design (RCD) protection across all EU member states.
Unregistered Community Design protection (valid for 3 years).
Enforcement
Design rights are enforceable in Finnish courts.
Remedies include injunctions, damages, and confiscation of infringing products.
Summary Table
| Feature | Details |
|---|---|
| Governing Law | Design Act 221/1971; EU Design Regulation |
| Registration Authority | Finnish Patent and Registration Office (PRH) |
| Protection Duration | Up to 25 years (initial 5 + renewals) |
| Examination Type | Formal (newness and individual character required) |
| International Treaties | Hague Agreement, Paris Convention, TRIPS |
| EU System | Registered and Unregistered Community Design protection |
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