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Design strategy in Europe and Denmark

There are several ways to apply for design registration in Europe. A brief overview will hopefully make the choice easier for the applicant.

1. Danish design registration

One or more designs can be searched in one application. No novelty examination. Provides only protection in Denmark. Within 6 months of filing, other countries may be applied with effect from the date of filing in Denmark.

2. EU design registration

The application may include one or more designs and the registration includes 27 European countries. No novelty examination. The advantage of a EU design registration is that it's a low-cost way to protect your design, but the disadvantage is if the design is terminated - for example by judgment - in one country, your design registration in all other countries will also expire according to the principle: "All eggs in a basket".

Another advantage is that the application is only handled by an authority, the EU authorities (EUIPO), who decides whether the design can be registered in all EU countries.

3. International Design Registration - WIPO System

An international Design Registration includes 64 countries, most European countries, US, Japan and several African countries. There are special rules for the United States. In particular, you may only apply for one design in each application, as well as formulation of design requirements and shading images. In USA a novelty search is performed, and a registration last for 15 years.

In Japan, you may apply for one design per application, the design may not include shading and the design must include views from all 6 pages according to the principle: "All eyes on the dice must be depicted". In Japan a registration last 20 years.

The advantage of an International Design Registration is a single application is filed for all designated (selected) countries and thus a significant economic advantage during filing. After the application has been submitted, each application is examined individually by the authorities of the different countries.

4. National registrations in countries not covered by EU or WIPO system

In countries not covered by the EU or WIPO system, national applications must be applied in the current countries. Here too, applications are handled by the authorities of the different countries.

Ask us for advice on the most appropriate strategy, depending on in which European countries you wish to have your design protected.

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