Industrial Designs Law in Greenland (Denmark)

Here’s an overview of Industrial Designs Law in Greenland (Denmark):

🇬🇱 Industrial Designs Law in Greenland (Denmark)

1. Legal Framework

Greenland is an autonomous territory within the Kingdom of Denmark.

Intellectual property law, including industrial designs, is governed by Danish law.

The relevant law is the Danish Act on Designs (Designloven), which implements EU directives and international treaties.

Industrial designs in Greenland are protected under the Danish industrial design system.

The Danish Patent and Trademark Office (DKPTO) administers industrial design registrations.

Greenland benefits from the European Union Intellectual Property system only to a limited extent, as it is not part of the EU customs territory.

Greenland follows Denmark’s international commitments, including:

Paris Convention

Hague Agreement (for international design registration)

TRIPS Agreement

2. Definition of Industrial Design

An industrial design protects the appearance of a product, including features such as lines, contours, colors, shape, texture, materials, or ornamentation.

It must be new and have individual character.

3. Registration Process

Industrial designs are registered with the Danish Patent and Trademark Office (DKPTO).

Applicants must submit:

Visual representations (drawings or photos) of the design.

Details of the product to which the design applies.

The DKPTO conducts a formal examination (not substantive novelty examination).

Designs are published for opposition purposes.

4. Duration and Renewal

Protection lasts for an initial period of 5 years.

It can be renewed for four additional 5-year periods, up to a total of 25 years.

5. Rights Conferred

The owner of a registered design has exclusive rights to:

Use the design.

Prevent unauthorized manufacture, sale, or import of products bearing the design.

License or assign the rights.

6. Grounds for Refusal

Designs lacking novelty or individual character.

Designs dictated solely by technical function.

Designs contrary to public order or morality.

7. International Treaties

Denmark (and thus Greenland) is a party to:

Paris Convention

Hague Agreement

TRIPS Agreement

Greenland may also be covered under the EU Community Design protections as applied in Denmark, though Greenland is not part of the EU customs territory.

Additional Notes:

Industrial design rights registered in Denmark automatically extend to Greenland.

For international protection, applicants may file through the Hague System designating Denmark.

Enforcement of design rights in Greenland is governed by Danish law.

 

 

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