Industrial Designs Law in Iceland
In Iceland, industrial design protection is governed by the Design Protection Act No. 46/2001, as amended by Act No. 32/2019, and is administered by the Icelandic Intellectual Property Office (ISIPO).
🖌️ Definition of Industrial Design
An industrial design in Iceland refers to the two- or three-dimensional appearance of a product or its decoration, encompassing elements such as lines, contours, colors, shape, texture, and materials. Protection is granted solely to the visual aspects of a product, excluding its technical or functional features.
✅ Requirements for Protection
To qualify for protection, a design must meet the following criteria:
Novelty: The design must be new and not have been publicly disclosed anywhere in the world before the filing date or priority date.
Individual Character: The design should create a different overall impression on the informed user compared to existing designs.
Non-Exclusion: The design must not fall into categories excluded from protection, such as designs contrary to public order or morality, or those dictated solely by technical functions.
📝 Registration Process
Application Submission: Submit a written application to ISIPO, accompanied by graphic or photographic reproductions of the design.
Examination: ISIPO conducts a formalities check. A substantive examination is optional and subject to an additional fee.
Publication: Upon successful registration, the design is published in the IP Gazette.
Note: Opposition against a design application is not provided for in Iceland.
⏳ Duration and Renewal
Initial Protection: 5 years from the filing date.
Renewal: Up to four additional periods of 5 years each, totaling a maximum of 25 years.
Renewal Process: Applications can be submitted no earlier than three months before the end of the protection period and must be received no later than six months after the end of the protection period to avoid a lapse in protection.
🌍 International Protection
Iceland is a member of the Hague Agreement, allowing for international design registration through the Hague System. This system enables applicants to seek protection in multiple countries by filing a single application.
⚖️ Enforcement and Infringement
Design rights grant the proprietor exclusive rights to use the design and to prevent unauthorized use. Infringement proceedings can be initiated through the courts, and the ISIPO may annul a registration upon request.
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