Industrial Designs Law in Sweden
In Sweden, industrial design protection is governed by the Design Protection Act (1970:485), which aligns with European Union regulations to ensure harmonized protection across member states. The Swedish Patent and Registration Office (PRV) administers the registration process.(WIPO, PRV)
📝 What Is an Industrial Design?
An industrial design refers to the ornamental or aesthetic aspect of a product, encompassing features such as:
Lines
Contours
Colors
Shape
Surface structure
Materials(PRV, PRV)
These elements must be new and have distinctive character compared to existing designs. Protection does not extend to purely functional or technical aspects of a product.(PRV)
🛡️ Protection Criteria
Novelty: The design must differ from all previously known designs.(PRV)
Distinctiveness: The design must create a different overall impression on the informed user compared to existing designs.
Grace Period: If the design has been made public before the application, you have 12 months to file for protection without losing novelty. (PRV)
📝 Registration Process
To register an industrial design in Sweden:
Prepare Application: Submit a completed application form along with clear images or drawings of the design.
File Application: Apply through the PRV's e-service or by submitting the form titled "Swedish design application". (PRV)
Examination: PRV does not examine the novelty or distinctiveness of the design; it is the applicant's responsibility to ensure these criteria are met.
Publication: The application is published, making the design publicly known.
⏳ Duration and Renewal
Initial Term: Protection lasts for 5 years from the filing date.
Renewal: The protection can be renewed for additional 5-year periods, up to a maximum total of 25 years.
Spare Parts: Designs for spare parts (parts used for the repair of a product to restore its original appearance) are protected for a maximum of 15 years. (PRV)
🌍 International Protection
Sweden is a member of the Hague Agreement, allowing for international design registrations. Designs registered in Sweden can be extended to other member countries through the Hague System. (World Trademark Review)
⚖️ Enforcement and Legal Recourse
Infringement of design rights in Sweden can lead to:
Civil Actions: The rights holder may initiate legal proceedings to seek remedies such as injunctions and damages.
Criminal Sanctions: Serious infringements can result in fines or imprisonment for up to two years. (WIPO)
📌 Summary Table
Aspect
Details
Governing Legislation
Design Protection Act (1970:485)
Protection Criteria
Novelty and distinctiveness
Registration Process
Submit application with images to PRV; applicant ensures novelty and distinctiveness
Duration of Protection
Initial 5 years, renewable up to 25 years
International Protection
Available through the Hague Agreement
Enforcement
Civil actions and criminal sanctions
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