ORGANISATION MONDIALE 
DU COMMERCE 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce IP/N/1/ISL/D/2 
15 octobre 1996 
(96-4262) 
Original: anglais 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE DE 
L'ARTICLE 63:2 DE L'ACCORD 
Islande 
Le présent document contient le texte1 des lois et réglementations ci-après, notifiées par l'Islande 
au titre de l'article 63:2 del' Accord (voir le document IP/N/l/lSL/1): 
Règlement sur l'enregistrement d'un dessin ou modèle (n • 178/1994) 2 
Règlement (n • 285/1996) portant modification du Règlement sur 
l'enregistrement d'un dessin ou modèle (n • 178/1994) 11 
1 Anglais seulement. IP/N/lIISL/D/2 
Page 2 
Official Journal B, No. 17811994 
Regulation 
on registration of a design 
CHAPTER I 
Application 
Article 1 
An application for the registration of a design shall be written on an application 
fonn for the purpose and tiled with the Patent Office .. The application shall be signed 
by the applicant or his agent and shall include a request for registration. 
Applications shall also specify: 
1) the name, address of the applicant, as well as his identification number, if the 
applicant does not have an agent, 
2) if the applicant has an agent, his name, address and identification number, 
3) the name and address of the designer, 
4) a name which describes the design, 
5)' whether the design concerns the appearance and composition of the product or its 
decoration, 
6) whether protection is sought for the design in colour, 
7) which of the applicants, in cases where more than one person is applying jointly 
for a design, shall be empowered to receive notifications from the registration 
authorities, 
8) information in accordance with Article 9 if priority is claimed on the basis of 
provisions of Article 7 of the Design Protection Act (hereafter referred to only as 
"the Act"), 
9) information concerning a request for the postponement of registration, if 
applicable. 
The application shall include: 
1) three copies of each graphic or photographic reproduction showing the design 
clearly. When applying for protection for a decoration such illustration must 
show the decoration on a product, 
2) power of attorney, if the applicant has an agent, 
3) proof of the right of the applicant to the design if the applicant is not the designer. 
The time limit for submitting power of attorney and proof of the right of the 
applicant to the design is three weeks from the date the application was received. 
The prescribed application fee shall accompany the application. 
Article 2 
The following may be included in an application: 
1) a description of the design, 
2) a model of the design, 
3) specification of the product for which the design is to be registered, 
4) specification of the classifications to which the applicant considers the design to 
belong. 
The applicant may only submit the above-mentioned documentation and 
information when filing the application. 
The registration authorities may, however, request the submission of such 
documentation later if considered necessary for purposes of clarification. 
The description shall contain a short explanation (max. 150 words) of what 
protection is sought for. It shall mention the main aspects which make the design 
unique. Such description shall neither discuss the advantages of the design nor make 
any contention as to its value. 
The name of the design shall serve primarily to explain the illustration. The name 
of the design does not limit the scope of protection. In the case of multiple registration 
each design must have its own name. Article 3 IP/N/l/lSL/D/2 
Page 3 
The application and description shall be in Icelandic. Other accompanying 
documents may be in Icelandic, Danish, Norwegian, Swedish or English. 
The registration authorities may demand that an authorised translator, or other 
party recognised by the registration authorities, attest to the translation of the 
accompanying documents. 
Article 4 
Three copies of each illustration of a design shall be flied, no larger than A4 (21 
cm x 29.1 cm). Each illustration may only show one design from a single point of 
view. If more than one illustration is submitted of the same design they shall be 
distinguished from each other and lettered or numbered in the proper order. Words of 
explanation may appear on the illustrations (e.g. "up", "down", "cross-section"). The 
illustrations and wlitten text must·be suitable for offset reproduction in black and white 
and be reproducible in various sizes. If registration in colour is requested, one copy of 
the illustration shall be in colour. 
If an applicant submits a model of a design it must be of durable material. The 
model may not weigh more than 4 kg and shall be encompassable within a cube having 
40 cm long edges. Models made of sensitive or dangerous materials may not be 
submitted. 
Should more than one design be involved in the application, illustrations of each 
individual design must be submitted. illustrations of the same design shall have the 
same number. There must be clear indication as to which illustrations belong to which 
design. 
Article 5 
The registration authorities shall mark each application with the date of filing and 
give it an application number. 
An application is considered to have been received if it includes: 
1) the name and address of the applicant, 
2) the name and ,addiiess of the designer, 
3) a request for the registration of the design, 
4) illustrations, i.e. drawings or photographs which show the design clearly, or a 
model of it, 
5) application fee. 
An application sent by facsimile is considered to have been received if the 
documents, especially the illustrations, are sufficiently clear and evidence is included 
that payment has been made. TIle applicant must, however, file the original documents 
within 14 days of the receipt of the facsimile. 
An application which is filed without the payment of the required fees is not 
considered to have been received. The registration authorities shall, however, preserve 
the application for one week, at the end of which it shall be dismissed if payment has 
not been received. 
The object of an application may not be altered after it has been received. 
Article 6 
The registration authorities shall classify the design in accordance with the 
provisions of the Locarno Agreement of 8 October 1968, cf. the Annex to this 
Regulation. 
The applicant or his agent shall be notitied of the classification of the design and 
given a time limit of at least one week to submit his comments on the classification. 
The registration authorities shall make the final decision as to classification. IP/NIllISL/D/2 
Page 4 
CHAPTERII 
Journal 
Article 7 
The registration authorities shall keep a computerised journal of applications 
received. 
The following information for each application shall be entered into this journal: 
1) the application number and date of fuing, 
2) the name and address of the applicant, 
3) if the applicant has an agent, his name, address and identification number, 
4) the name and address of the designer, 
5) the name of the design, 
6) whether protection is sought for appearance and composition of a product or a 
decoration, 
7) whether protection is sought for the design in colour, 
8) which of the applicants, in cases where more than one person is applying jointly 
for-a design, shall be empowered to receive notifications from the registration 
authorities, 
9) the name of the country where a prior application was filed if priority is claimed 
on its basis, in addition to the number and date of filing, ,-
10) information concerning a request by the applicant for the postponement of 
re gistration, 
11) information on fees paid concerning the application, 
12) information as to the processing and progress of the application. 
Information shall be available from the journal concerning applications which 
have already been made accessible to the public. Up until that time, however, the 
registration authorities may provide any information mentioned in the second 
paragraph. 
Article 8 
Should notification be received of the transfer of ownership of a design for 
which registration has been sought. the name of the new applicant shall only be entered 
into the journal if proof of the transfer is provided. 
CHAPI'ERill 
Priority 
Article 9 
In order to benefit from priority. in accordance with A11icle 7 of the Act. an 
applicant must request this in his application and specify where the application. upon 
which the claim of priority is based. was tiled. its date and application number. 
Article 10 
The registration authorities may require that priOli.ty be contirmed within a certain 
period of time, by means of a certificate from the registration authorities who received 
the application upon which the applicant is basing his priority. The certificate shall 
specify the date of filing and the name of the applicant. The registration authorities 
may, in addition, require a copy of the application together with illustrations of the 
design. 
Should the above-mentioned documentation not be received by the time. 
prescribed the right to claim priority shall lapse. 
If a claim of priority is withdrawn this shall be notified in writing. 
Article 11 
An application may only serve as the basis for priority if it is the tirst involving 
the design in question. 
Should the applicant of the first application, or a transferee, subsequently have 
tiled an application concerning the same design at the same location. the latter 
application may, however, serve as the basis for a claim of priority if the former 
application has been withdrawn upon the delivery of the latter, or dismissed or rejected IP/N/1/ISL/D/2 
Page 5 
before it was made accessible to the public, and provided that no rights or claim of 
priority are based upon it. If priority has been established on the basis of such a 
subsequent application, priority may not be based on the former application. 
Article 12 
When protection is sought for more than one design in the same application 
priority may be claimed for each individual design. A claim for priority may be based 
on applications from more than one State. 
CHAPTER IV 
Division 
Article 13 
If an application, in the opinion of the registration authorities, covers more than 
one design the applicant shall be given the opportunity to divide it into two or more 
applications. The applicant shall be allowed a time limit of two weeks to this end. This 
time limit shall be calculated from the date upon which the applicant filed the original 
application or the date of the letter from the registration- authorities concerning the 
necessity of division. 
An applicant may also submit a request for division within two weeks of filing 
even though the registration authorities have not made any suggestions to this effect 
At the request of the applicant any new application may be considered as having 
been tiled the same day as the Oliginal application. 
An application, which arises from the division of an Oliginal application, must 
include the date of tiling and application number of the original application. 
CHAPTER V 
Search 
Article 14 
If a search by the registration authOlities reveals that an application does not fulfil 
the requirements of Articles 1 and 3 of the Act, it shall be rejected. Before an 
application is eradicated the applicant shall be given the opportunity to explain his case 
and/or seek the required authOlisations for marks or symbols included in the design. If 
an applicant's explanation or documentation does not give grounds for altering the 
previous conclusion of the registration authorities, the application shall be eradicated 
from the Register of Designs forthwith. 
Should an application fail to comply with the requirements of Articles 14, 15 and 
17 of the Act, the applicant shall be notitied of formal errors in the application as soon 
as possible. The notification shall include information to the effect that the application 
may be dismissed if the errors are not rectified within four weeks' time. 
Article 15 
Only designs registered in this country and designs for which registration has 
been sought and which have been made accessible to the public form the basis of a 
search in accordance with Article 18 of the Act. 
If a search is requested in accordance with the first paragraph of Article 18 of the 
Act, unconnected to an application, the results of such search shall not affect the 
handling of a subsequent application for that design. 
Should the registration authotities refuse to register a design on the basis of a 
search carried out at the demand of the applicant, the applicant shall be notified of such 
as soon as possible. The notification shall explain the reasons for the rejection of the 
registration. An applicant shall be allowed a time limit of two months to express himself 
concerning the rejection before an application is dismissed. IP/N/lIISL/D/2 
Page 6 
CHAPTER VI 
Registration 
Article 16 
When an application for'design fulfils the requirements specified in the Act and 
the demands made concerning applications in this Regulation, the design shall be 
registered and the proprietor sent a confirmation of the registration. 
CHAPTER VII 
Register of Designs 
Article 17 
The registration authorities shall keep a register of registered designs. 
The Register of Designs shall include the following information: 
1) the numbers of application and registration, 
2) the name and address of the registered proprietor, 
3) if the proprietor has an agent, his name, address and identification number, 
4) the name and address of the designer, 
5) the name of the design, 
6) whether protection concerns the appearance and composition of a product or its 
decoration, 
7) whether protection is sought for the design in colour, 
8) the classification or classifications to which the design is considered to belong, 
9) information as to the products which are to be characterised by the design, if 
available, 
10) the date upon which the application was: 
a) received, or considered to have been received, 
b) registered, 
c) made accessible to the public, if this was not done concurrent with the date of 
registration, 
d) published, 
11) which of the applicants, in cases where more than one person is applying jointly 
for a design, shall be empowered to receive notifications from the registration 
authorities, 
12) if priority is claimed, infOlmation as to where an application upon which a claim 
of priority is based was tiled, its date of filing and number, 
13) illustrations of the design. 
If the registration covers more than one design, cf. Article 17 of the Act, they 
shall have only one joint registration number. 
Article 18 
Should the registration authOlities receive on the same date more than one 
application which involves the same or similar designs and is not from the same 
applicant, this shall be mentioned in the Register of Designs and in the registration 
document. The application or registration number of the design which is the same as or 
similar to the design concerned shall be indicated. 
The same shall apply if an applicant has on the same date submitted more than 
one application for registration of similar designs. 
Alticle 19 
Court actions on the basis of A11icles 11 and 25 shall be indicated in the Register 
of Designs. 
If the registration authorities declare a registered design invalid on the basis of 
Article 26 of the Act, the design shall be eradicated from the Register of Designs. A 
design shall not be eradicated, however, until the time limit allowed for referring the 
case to the Committee of Appeal has expired. 
The party initiating proceedings on the basis of Articles 11 or 25 of the Act shall 
provide the registration authOlities with a copy of the verdict so that the Register of 
Designs may be'altered in accordance with the decision of the court. The Register of IP/N/1/ISL/D/2 
Page 7 
Designs shall not, however, be altered in accordance with a verdict from a district court 
until the appeal period has expired. 
The result of court action in accordance with Articles 11 or 25 of the Act shall be 
published in the publication o{the registration authorities. 
Article 20 
A party acquiring the right to a registered design, cf. Article 34 of the Act, shall 
notify the registration authorities of such in writing. The notification shall include the 
name, address and identification number of the proprietor~ the date as of which he 
acquired the right and when the change of ownership took place. 
Upon request, it shall be recorded in the Register of Designs whether the right of 
a licensee to grant licenses is limited. 
Notification of a change of agent, as well as change of name or address of a 
proprietor, shall be entered in the Register of Designs. 
Notifications in accordance with the first to third paragraphs shall be in writing 
and shall be accompanied by the necessary documentation and the prescribed fee. 
Notifications shall be published in the publication of the registration authorities. 
Article 21 
Registration authorities may require that signatures on a transfer, licence or 
declaration that a design has been eradicated be attested to by a notary public, lawyer or 
two witnesses. Registration authorities may also require attestation to the signatures on 
other documents if considered necessary. 
CHAPTER vrn 
Publication 
Article 22 
Once a design has been registered it shall be published as soon as possible in a 
special publication of the registration authorities. Such publication shall include, in 
addition to clear illustrations, the following information: 
1) the numbers of application and registration, 
2) the date of filing, 
3) the name and address of the applicant, 
4) if the applicant has an agent, his name, address and identification number, 
5) the name and address of the designer, 
6) the name of the design, 
7) whether the registered design concerns the appearance and composition of a 
product or its decoration, 
8) the classification or classitications to which the design is considered to belong, 
9) whether protection is sought for the design in colour, 
10) information on priority, together with information as to where an application for 
which priority is claimed was filed and the filing date and number of that 
application, 
11) illustrations showing the design, 
12) when the application was made accessible to the public, if this was not done 
concurrent with the date of registration. 
CHAPTER IX 
Postponement of Registration 
Alticle 23 
A request for the postponement of registration, cf. the third paragraph of Article 
21 of the Act, shall be made in the application. Such applications shall at first receive 
the same processing as other applications, until the point of registration is reached. 
When an application in accordance with the first paragraph complies with the 
requirements of the Act and this Regulation, the applicant shall be notified of such as 
soon as possible. IP/N/lIISL/D/2 
Page 8 
Article 24-
Should a request for postponement of registration in accordance with the third 
paragraph of Article 21 of the Act be submitted all documents which conc~m an 
application shall be kept secret"until the design is registered. However, a notification of 
the filing of an application, together with the following information, shall be published 
in the publication of the registration authorities: 
1) the name and address of the applicant and his identification number, if the 
applicant does not have an agent, 
2) the date of filing, 
3) for how long the registration is to be postponed, 
4) the classification or classifications to which the design is considered to belong. 
When the period for which registration was to be postponed has expired, the 
registration shall be published in the publication of the registration authorities. 
CHAPTER X 
Invalidation 
Article 25 
The publication of the registration authOlities shall include inforrnation on means 
to have a registered design invalidated. 
Article 26 
Should the registration authorities receive written objection to an application, 
before the design applied for is registered, the applicant shall be notified of such. The 
party submitting the objection shall be informed of the possibility of claiming 
invalidation of registered design protection. Such objection shall not result in further 
action on the part of the registration authOlities. 
Article 27 
Registration authorities do not issue rulings on the right to ownership of a 
design. Registration authorities shall dismiss opposition which concerns the right to a 
specific design and inform the opponent of remedies provided for by Article 11 of the 
Act. 
Article 28 
A claim for the invalidation of registered design protection shall be submitted to 
the registration authorities in writing in two copies. 
The claim shall include the following inforrnation: 
1) the name and address of the claimant, 
2) the registration number and name of the design for which invalidation is claimed, 
together with the name of its proprietor, 
3) if the claimant has an agent, his name, address and identification number. 
A claim of invalidity shall be reasoned and shall be accompanied by the 
documentation necessary for veritlcation. 
A claim of invalidity shall be accompanied by the prescribed fee. 
If a court has already reached a verdict in a case concerning the same subject and 
the same parties, the claim of invalidity shall be dismissed. 
Article 29 
Should a claim of invalidity fail to fultil the requirements of Article 26 of the Act, 
or the first, second and fourth paragraphs of Article 28 of this Regulation, it shall be 
rejected. 
If the basis of the claim of invalidity is declared, but the claim not reasoned 
further or if documentary proof is lacking, the opponent shall be allowed a time limit of 
four weeks to submit further arguments andlor documentary proof. 
Article 30 
A proprietor of a design shall be infOlmed as soon as possible of a claim for its 
invalidation and be allowed a time limit of two months to express himself. IP/NIl/lSL/D/2 
Page 9 
A proprietor of a registered design shall be sent copies of all correspondence and 
documentation submitted by the claimant for invalidation of a design and vice versa. 
If written communication is sent to a proprietor of a registered design concerning 
the handling of substantial aspects of the case the claimant for invalidation of a design 
shall also be sent a copy concurrently. 
After a proprietor of a registered design has responded to the claim of invalidity, 
the registration authorities shall decide on whether further correspondence between the 
parties is necessary. 
Article 31 
If the registration authorities consider it necessary for the handling of the 
invalidation case for the parties to have the opportunity of expressing themselves orally, 
the presence of both parties shall be requested. 
Article 32 
Notification that a claim of invalidity of a design has been submitted shall be 
published in the publication of the registration authorities. 
The following information shall be included in the notification: 
1) the name of the proplietor, 
2) the date of filing and application number, 
3) the date and number of registration, 
4) the name of the design, 
5) the classification to which the design is considered to belong, 
6) the name of the person advancing the claim of invalidity. 
Notice of claims for invalidation pending a court decision shall also be published. 
AIticle 33 
The parties to the invalidation case shall procure their own evidence. The 
decisions of the registration authorities in invalidation cases shall be based only upon 
the facts, evidence and arguments which the parties are able to present. 
If the position of the parties and their arguments are not evident from the 
documents in the case, the parties shall have the opportunity to express themselves on 
the substance of the case twice before the registration authOlities make their decision, 
provided this is not obviously unnecessary. 
The registration authorities may set a time limit for the parties to acquaint 
themselves with the circumstances of the case and express themselves thereupon. 
When the parties have had an opportunity of expressing themselves in 
accordance with the above the registration authorities shall notify them that the case will 
be submitted for decision and that no further evidence will be accepted. 
AIticle 34 
A copy of the final decision of the registration authorities concerning a claim of 
invalidity shall be sent to both the proprietor of a design and the person claiming 
invalidation. Registration authorities shall always provide reasons for their final 
decision. 
If the time limit for referral in accordance with Article 30 of the Act has expired 
without the decision of the registration authorities concerning the invalidation having 
been referred to the Committee of Appeal, the decision shall be published in the 
publication of the registration authorities. 
CHAPTER XI 
Renewal 
Article 35 
An application for renewal of a registered design must be submitted in writing to 
the registration authorities on an application form for this purpose. The provisions of 
Article 1 shall apply to renewal as appropriate. 
An application for renewal shall be accompanied by the prescribed fee. IP/N/lIISL/D/2 
Page 10 
If an application for renewal is flawed the applicant shall be accorded- a brief time 
limit to correct the application. If an application is not corrected within the time limit 
allowed it shall be rejected, the applicant notified of this and the registered design 
eradicated from the Register 'of Designs, provided the period of its registration has 
expired. . 
Renewal of registration shall be entered in the Register of Designs and 
notification of such published in the publication of the registration authorities. This 
shall include the registration number of the design and the date when registration shall 
be considered to expire. 
CHAPTER XII 
Miscellaneous provisions 
Article 36 
A request that a design be eradicated from the Register of Designs must be signed 
by the proprietor of the design. 
If a license is registered in the Register of Designs, the design may only be 
eradicated if the proprietor proves that the licensee has been informed of this intention. 
Notification that a design was eradicated from the Register of Designs, or that the 
right to a design has been transferred to another name in accordance with a final court 
decision, shall be published. 
Article 37 
This Regulation is set in accordance with the Design Protection Act, No. 
48/1993, and shall enter into force 21 May 1994. 
Ministry of Industry, 25 March 1994. 
On behalf of the Minister, 
Porkell Helgason 
Asta ValdimarsdOttir 31 May 1996 
REGULATION 
amending the Regulation on registration 
of a design, No. 17811994 
Article 1 
Article 9 shall read as follows: IP/N/lIISL/D/2 
Page 11 
No.285· 
Priority in accordance with Article 7 of the Act may be based on an application 
for protection which has been filed in a State which is a party to the Agreement on the 
World Trade Organisation (WTO). Priority may also be based on an application for 
protection which has been filed in a State which is not a party to the Agreement on the 
World Trade Organisation if Icelandic applications for design enjoy similar rights in 
that State and its legislation complies in general with the Paris Convention. 
Article 2 
Article lO shall read as follows: 
To enjoy priority in accordance with Article 7 of the Act the applicant must 
advance this claim in his application and specify where an application, for which 
priority is claimed, was tiled, its date of filing and application number. 
Registration authorities may require that priority be confirmed within a certain 
period of time, by means of a certificate from the registration authorities who received the 
application upon which the applicant is basing his priority. The certificate shall specify the 
date of filing and the name of the applicant. The registration authorities may in addition 
require a copy of the application together with illustrations of the design. 
Should the above-mentioned documentation not be received by the time prescribed 
the right to claim priority shall lapse. 
If a claim of priority is withdrawn this shall be notified in writing. 
Article 3 
This Regulation is set by authorisation of Articles 40 and 7 of the Design Pro­
tection Act, No. 48/1993, cf. Act No. 36/1996, and shall enter into force 1 June 1996. 
Minisny of Industry, 31 May 1996. 
Halldor Asgrimsson 
Steinunn Bjarman