WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of IntellectuaI Property Rights IP/N/IIDNK/D/l 
26 August 1996 
(96-3358) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Denmark 
The present document reproduces 1 The Danish Designs Act No. 218 of27 May 1970, as notified 
by Denmark under Article 63.2 of the Agreement (see document IP/N/lIDNKlI). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent an commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFIEES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
Danemark 
Le present document contient le texte de la Loi n° 218 du 27 mai 1970 sur les dessins et 
modeles1, notifiee par le Danemark au titre de I 'article 63:2 de l' Accord (voir le 
document IP 1Nl I/DNKI 1). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS 
A LA PROPIEDAD INTELECTUAL NOTIFICADOS EN 
VIRTUD DEL pARRAFO 2 DEL ARTicULO 63 
DEL ACUERDO 
Dinamarca 
En el presente documento se reproduce 1 la Ley de Dibujos y Modelos, N° 218, de 27 de mayo 
de 1970, notificada por Dinamarca en virtud del parrafo 2 del articulo 63 del Acuerdo (vease el 
documento IP 1Nl 1 IDNKll). 
'English only/anglais seulementlingles solamente. IP IN/lIDNKlD/l 
Page 2 
THE DANISH 
DESIGNS ACT 1970 
Act No. 218 of 27th May 1970 
effective from 1 st October 1970 Section 1 
Section 2 
Section 3 THE DANISH DESIGHS ACT 1970 
Cha'Dter I 
GENEF..AL PROVISIONS IP/~/l/I>~I>/l 
Page 3 
In ~ursuance of the present Act a design is defined as 
a model for a commodity's appearance or for an ornament. 
Subsec~ion 2. ~he originator of a desi€n or ~is assignee 
::::lay cy registra"tion in accordance Hi th the p:-esen-c .l_ct ob­
tain an exclusive right to exercise the design co~ercial­
l:t, .-.--' 3~c-:ic~ 5 (the right in a design). 
~ design shall be registered only if it differs essential­
ly from 1:lhat was known prior to the filing date ef the 
application. 
Subsection 2. Everything made available t8 the public by 
depiction, by ex.'fJ.i bi tion, offer for sale, er in any o;:;her 
i'lay, shall be c cnsidered known. :Furthermo:-e, a desi£TI 
':/hich is not available to the public shall :e c::Jnsidered 
~:nO\ro if i t a~pears in an applica -:ion fer :;a -cen (;, :rade 
::lark er design registra'tion v:hich is or -as laid d::Jl,'m by 
law -shall be considered filed in this countr:t prior to 
the filing date referred to in subsection 1, and if the 
design in question later becomes available to the public 
in connec'tion with the examination of the said patent, 
trade mark or design application. 
jJevertheless, a design may be registered, notwithstanding 
the fact that it was made available to the public "ii thin 
the 6 ~onths immediately prior to the filing of the applic­
ation if such availability vIas due 
1) to an evident abuse in relation to the applicant 
or to his predecessor in title, or 
2) to the fact that the applicant or his predecessor 
in title displayed the design at an official er officially recognized international eyJli bi tion. IP/NI 1 IDNKlD/l 
Page 4 
Section __ 
Section 0 design shall not be registered 
I; :.:: "'che c:.esi.m or i -cs ex-oloi tat ion would be against 
~:r~~~~7 :r-publio orde~, 
2) ~: :~e lesign in an unau~hcrized manner con~ains 
~,a) any signs or in:iica-cions as referred' to in 
Section 132 of the Civil Code, or any aa"'C­:er ';;hich ':J.C.y be confusable -eherewi th, 
','0) any :'ndica "Cions 'IThich. are likely to appear 
as tr-e name or the trading style of another 
party to be construed as -ehe name or por­
~rait of another party, provided however 
~~~-c the foregoing dces not apply to per­
sons who have died long ago, :r to any i~­
lica-:ions which con-eain the ~istinctive 
~ace of or· ~he nictorial renresentation Gf 
:he real ;~oper~y of another party, 
(c) indica-eicns which are likely to be inter­
nreted as -ehe iistinctive title of the Dr~­
~ected literary er ar-:is-eic work of ano~her 
part~·, or indications ':/hicn infringe the 
excl~sive ri~ht of another party in such 
work er "ehe righ-e in a photographic pict~re, 
(d) indications which do not essentially differ 
from de.signs registered in this country bj' 
anc'ther party. 
ihe exclusi- .. -e right in a design ir:plies, \Oli th the excep-e­
iens =entioned below, that no one except the proprietor 
Jf the exclusi-v-e right'r:.ay, -... 'ithou"C c.~e author.:t:r, e:.;:ploit 
:he cesign co~ercially by Ganufac~ure, i~port. ~=fer for 
52.1e, -:ransfs.:::- er lease of goods '''ihicb do no't differ essent­
ially from "e!1e design, or goods which incorporate any ~::I+'­
ter which does not differ essentially therefrom. 
Subsection 2. ~he exclusive right in a design is restrict­
ed to goods covered by the design registration or to goods 
of a similar kind. 
A person, '''ha ·exploi ted the deSign cOI:l.!!lercially in this 
country at -ehe time when the application for registra~ion 
of the design was· filed, ::.ay, regardless of the :-ights 
registered, continue the exploitation so long as its gene­
ral character was retained, provided that the exploita­
tion did not constitute evident abuse in relation to the 
applicant or his predecessor in title. On similar con­
ditions, such right of explOitation shall be accorded ...>ect:icr. 7 
.3ec-c:.::: IP/~/l/l)~l)/l 
Page 5 
also to a person, who has initiated substantial prepa­
rations to exploit the design commercially in this coun­
try. 
3ubsec-cior. 2. The right in pursuance of subsec-cion 1 
can only be transferred together with t~e business from 
-,'Jhieh i -c~rigina -ced or in whic!". t::e e:-"'"Ploi ta tien \.;as 
~n"'Cer.ded t:~ be carried out:. 
:!:e l~Iinis~e:, c:: COI!!!!lerce r:ay r:ec~ee --::hat, not~li ths--canding 
~ ~e;i3"'CereQ cesign, spare par"'Cs~ and accessories i)r air­
-;raft ::lay :::e i::l'por-ced to and us~:' in -:his eoun-cr~T iJr re­
:;air c: aircraft belonging -co a foreign ccun-cry which 
gran-cs si~ilar rights to Danish aircrait • 
~;:i file':' s:'::lul taneously ','1:' th -:::e prc':i -::us applica -:1·:::.. 
:'itions ~~~er which a rifht w_ priority cay be clai=ed. 
Chauter II 
.:'.PJ?LICATIons FOR DESIGNS ).j'.m THEIR EXA.HINATION 
Section 9 
Section 10 ~he Regis-cration Authority is the Eatent and ~rade :;:'1arks 
Office. 
Application for registration of a design shall be filed 
in writing with the Registration Authority. 
Subsect~on 2. The application shall contain a statement 
of the goods to be covered by the registration. The ori­
ginator of the design shall be stated in the application. 
If the registration is applied for by somebody other than 
the originator of the deSign, the applicant shall prove 
his right thereto. 
Subsection 3. The application shall be accompanied by a 
representation showing the design. If the applicant also IP 1Nl liD NKlD I 1 
Page 6 
Sec-:ion I I 
Section 1: 
Secticn 1; 
Section 14 files a model, this shall be regarded as illustrating the 
iesign, provided however that the model is filed before 
the applica~ion becomes available to the public in pur­
suance of the provisions of Section 18. Eurther, the 
~pplication shall be accompanied by a declaration signed 
by ~he applicant personally, to the effect that to his 
~:no\Vledge the design was not known prior to the filing 
~ate or ~he date whioh shall be regarded as the filing 
ja~e, in such a manner as is referred to in Section 2, 
cf. also Section 3, and which would preven~ the registra­
~ion of the design. 
2ubsec~ion L. ~he applicant shall pay the prescribed 
~pplic~~ion fee and "additional fees, cf. Sec~io~ 48. 
.':"n application rr:ay c8:::lprise !::lore -.;han one d.esign on con­
ii tion tha-.; the goods in respec-c of .... ·'hich the designs 
are applied for, are related as to manufacture ani use. 
3u~h an application for a join~ regis"Cra-cion mus"C no~ 
..:::over Dore than 20 d.esigns and !:lUS~ no"C include ornaments. 
If ~he applicant is not resident in tt.is country, he 
3hall have an agent domiciled in this country who can re­
present him in all matters concerning the application. 
~n applica~icn for registration of a design shall not be 
conSidered filed un-cil the applicant has filed a repre-
3entation or a model showing the desi~. 
Subsection 2. An application cannot be amended to concern 
a design or goods different from those stated in the 
application. 
In the examination of an application for registration of 
a deSign, the Registration huthority shall, within the 
scope fixed "by the Hinister ef COI!l!!lerce, examine whether 
the conditions fer registra~i:n of ~~e ~~sign are ful­
filled. If the applicant 1'.as not co:::plie..:. v,"i th the re­
Quirements prescribed, or if the Registration Authority 
has other objections to the registra~ion, the applicant 
shall be notified thereof and be given a specified term Section 15 
Section le 
Section 17 IP 1Nl lIDNKlD/l 
Page 7 
within which to reply or to make the necessary amendments. 
Subsection 2. If the applicant fails to reply or to make 
the amendments to the application within the specified 
term, the application shall be shelved. The notification 
referred to in subsection 1, second paragraph, shall con­
tain information to this effect. 
Subsection 3. ~owever, the application shall be rein­
stated on the applicant's reques"t if, vIi thin two months 
~fter the expiration of the specified term, he replies to 
or amends the application and, within the given term, 
pays a prescribed reinstatement fee. Reinstatement can 
':mly be granted once. 
If, after receipt of the applicant's reply, the Registra­
tion Authority still finds any objection to the accept­
~r.ce of the application, and if the applicant has had an 
:)pportunity to comment on the objection, the application 
shall be rejected unless the Registration Authority finds 
reasons for a renewed request as under Section 14, sub­
section 1. 
If anybody claims before the Registration Authority that 
he, and not the applicant, is entitled to the design 
applied for, the Registration Authority may, if in doubt, 
request him to institute legal proceedings within a spe­
cified term. If the request is not followed, the claim 
may be disregarded. Information to this effect shall 
be given in the request. 
Subsection 2. If legal proceedings have been instituted 
concerning the ~itle to a design applied fer, the examin­
ation of the application may be suspended, pending the 
final decision in the lawsuit. 
If anybody proved to the Registration ~uthority that he, 
and not "the applicant, is entitled ~8 the design covered 
by the applica"tion, "the Registration Authority shall trans­
fer the application to him if he so demands. 
The transferee shall pay a new application fee. IP 1Nl liD NKlD I 1 
Page 8 
Section 18 
Section 19 
Section 20 Subsection 2. If a demand for the transfer of a design 
application has been made, the application must not be 
shelved, rejected, or accepted until the demand has been 
finally decided upon. 
If the application conforms to the formal requirements 
and no objection to the registration has been found, the 
application shall be published in order to give the public 
an opportunity to file oppositions. On the applicant's 
request the publication may, however, be postponed for a 
period of up to six months counted from the filing date 
er the date f:r-oI!l which priority is claimed, cf. Section 8. 
Such a request for postponement shall be made in the 
application form. 
Subsection 2. Oppositions against the :r-egistration shall 
be ~de in writing to the Registration Authority within 
two months from the date of publication. 
On and after the date when the application is laid open 
to public inspection, the files of the application shall 
be available to everybody. 
Subsection 2. Six months from the date of filing of the 
application or, if priority under Section 8 has been 
claimed, from the priority date, the files shall be avail­
able to everybody, even if the applica~ion has not been 
laid open to public inspection. 50wever, if a decision 
has been made to shelve or to reject the application, the 
files shall not be made available unless the applicant 
requests the reinstatement of the application or appeals 
against the rejection. 
Subsection 3. On the applicant's request the files shall 
be made available ealier than according to subsections 
1 and 2. 
Subsection 4. When the files are made available under 
subsec~ion 2 or 3, this fact shall be adver~ised. 
After the expiration of the term specified in Section 18, 
subsection 2, the examination of the application shall be 
continued. For this examination Sections 14 to 17 shall 
apply. Section 21 
Section 22 IP/NI lIDNKlDI 1 
Page 9 
Subsection 2. If an opposition has been lodged, the 
applicant shall be notified thereof and be given an 
opportunity to reply to the opposition. 
An appeal against the decision of 'the Registration Au­
thority regarding a design application may be lodged 
by the applicant or, if the application has been accepted 
in spite of a properly raised opposition, by the opponent. 
If the latter withdraws his appeal, it may nevertheless 
be tried when there are special reasons for doing so. 
Subsection 2. A decision refusing a request for rein­
s~ate~ent under Section 14, subsection 3, or accepting 
a claim for transfer under Section 17, may be appealed 
against by the applicant. A decision refusing a claim 
for transfer of the applica~ion may be appealed against 
ay the claimant. 
~ppeals against decisions oade accora~ng to Section 21 
shall be filed with the !1inister of Commerce not later 
than two'months after the Registration Authority has in­
~ormed the party concerned of the decision. The fee 
presented for the appeal shall be paid within the same 
term. Failing this, the appeal shall be dismissed. 
Subsection 2. Appeals are decided upon by a Board of 
Appeal consisting of a chairman, \'lho has a permanent seat 
on the Board, and two members appOinted with consider­
ation to the nature of the case. The permanent chairman 
shall fulfil the general qualifications of holding an 
appointment as a High Court judge and be apPOinted for 
a period of not more than five years at a time. 
Subsection 3. The decision of the Board of Appeal cannot 
be brought before a higher administrative authority. 
Subsection 4. Legal actions for the trial of decisions 
Qf the Registration Authority, which can be appealed 
against to the Board of Appeal, cannot be brought before 
the Court until the decision of the Board of Appeal is 
available, cf. however Sections 31 and 32. 
Legal actions for the trial of decisions, in which the 
Board of Appeal rejects a design application, shall be IP IN 11IDNKlDIl 
Page 10 
Section 23 
Section Z+ 
Section 25 
Section 26 brought within two months after the party concerned 
has been informed of the decision. 
','fhen final decision on registration is made, the design 
shall be entered into the Register and the registration 
shall be published. 
Subsection 2. If an application, available to the public 
according to Section 18, is finally shelved or rejected, 
notice thereof shall be published. 
Chanter III 
T.EIDl OF VALIDITY OF .DESIGN REGISTRATIONS 
~he design registration is in force until 5 years have 
passed from ~he day on which the application for regi­
stration was filed and may, on request, be renewed for 
two further periods of five years each. 3ach period 
runs from the expiration of the proceeding period. 
Application for the renewal of the registration shall be 
filed in writing with the Registration Authority not 
earlier than one year before, and not later than 6 months 
after, the expiration of the curren~ registration period. 
Within the same interval, the applicant shall pay the 
prescribed renewal fee and additional fees, cf. Section 
48. If the fees have not been paid before the expiration 
of the term, the application shall be dismissed. 
Subsection 2. The renewal of the registration shall be 
published. 
Chanter IV 
LICENCES, ASSIG!rnENTS, ETC. 
If the proprietor of the design has granted another party 
a right to use the design commercially (licence), the 
licensee may not aSSign his right to others unless this IP/~/I/I>~I>/1 
Page 11 
has been agreed. If the right forms part of an enter­
prise, such assignment cay, however, take place together 
with the enterprise unless otherwise agreed. In such 
case ~he assignee is, however, still responsible for the 
obligations contained in the licence agreement. 
Section 27 " If the right in a design has been transferred to another 
party, or if a :icence has been granted or has been tran~ 
ferred to another party, entry thereof shall, on reques~ 
and against paynen t of a :prescri"bed fee, be made in the 
Regis~er of Designs. I= it is proved that a registered 
licence has ter~inated, the entry shall be deleted from 
the Register upon request. 
.;ction 28 Subsection 2. Likewise the provisions of subsection I 
shall apply with regard to compulsory licences and right~ 
as dealt with under Section 32, subsection 2. 
Subsection 3. Where a registration comprises several 
designs, the transfer of the rights to another party 
can only be entered in the Register if it comprises all 
the designs. 
Subsec~ion 4. ~egal ac~ions concerning a design can al­
ways be brought against the party registered as pro­
prietor, and notices from the Registration Authori.ty 
need be sent only to said party_ 
l-_ person, who, at the time when a design application \'.'as 
made available to the public, exploited the design cornme2 
cially in this country, way, if the application results 
in a registration, obtain a compulsory licence for the 
exploitation of the design if very special reasons in 
favour thereof exist, and if he had no knowledge of the 
application and had not reasonably been able to acquire 
such knowledge. Under the same conditions, anyone who 
has initiated substantial :preparations for commercial 
exploitation of the design in this country, is entitled 
to a compulsory licence. Such a compulsory licence may 
cover the period prior to the registration of the design IP IN/lIDNKfD/l 
Page 12 
Section 29 
SecticT! S·C 
Section 31 A compulsory licence may only be granted to a party con­
sidered able to exploit the design in a reasonable and 
~cceptable manner and in accordance with the terms of the 
licence. 
Subsection 2. A compulsory licence does not prevent the 
proprietor ~imself from exploiting the design or from 
granting licences to others. A coopulsory licence can 
cnly be transferred together vri th the business in which 
it is exploited or in which the exploitation was intended. 
:':;,e Haritime and Commercial Court in Copenhagen shall 
::ecic.e! as the court of first instance, whether or not a 
~oBpulsory licence shall be granted and shall also decide 
:~le extent to which the design may be exploited and fix 
the remuneration and the other terms of the compulsory 
licence. Should the circumstances change considerably, 
the Court may, on request by either party, revoke the 
compulsory licence or fix new terms for the same. 
Cha'Dter V 
TERMIN.!.TION OF THE REGISTRATION, E'!C. 
If a design has been registered contrary to the provi­
sions of Sections 1 to 4 inclusive, and if the objection 
is still valid, the registration may be declared invalid 
by Court decision. A registration can, however, not be 
declared invalid for the reason that the proprietor was 
only in par~ entitled to the design. 
Subsection 2. Actions based on the allegation that the 
design right has been granted to a party other than the 
party which is entitled thereto according to Section 1, 
can only be brought by the party which claims to be en­
titled to the design. The action shall be brought within 
one year after the entitled party has acquired knowledge 
of the registration and of the other facts on which the Section 32 
Section 33 IP/~/1/I>~I>/1 
Page 13 
ac~ion is based. If the proprietor of the registration 
'Iias i!'l good faith at the time when the registration was 
grant;ed or when the right to the same was assigned to him, 
ac"tion cannot be brought later than 3 years after the 
:ate of registration. ' 
2absec"tion 3. }Ioreover, proceedings for cancellation of 
~ registration may be instituted by anyone who has a legal 
:!'l~erest therein. Actions based on the rules laid down 
:!'l Section 4, subsections 1 and 2, litra (a), may also 
~e i!'lstituted by the Patent and Trade Marks Office. 
:: a design has been granted toa party other than the 
one entitled thereto according to the provisions of Section 
l. the Court shall, when this is claimed by the rightful 
party, transfer the design to said party. If such action 
is instituted, the provisions of Section 32, subsection 2, 
shall apply. 
Subsection 2. If the party which is deprived of the de­
sign registration has, in good faith, exploited the design 
commercially or has initiated substantial preparations for 
~his purpose, said party shall, against a reasonable 
remuneration and on reasonable conditions, be entitled 
~o continue the exploitation already commenced, or to start 
the intended explOitation while retaining its general cha­
racter. On the same conditions, a holder of a.xegistered 
~icence shall have the same rights. 
Subsection 3. Rights under subsection 2 can only be trans­
ferred to others together with the business in which they 
are explOited or in which explOitation was intended to be 
carried out. 
If the proprietor of the design renounces his right in 
'.'t1'i ting to the Registration Authority, cancellation of the 
registration shall take place. 
Subsection 2. If legal proceedings concerning the trans­
fer of the registration have been instituted, cancellation 
cannot take place until there is a final decision in the 
proceedings. IP IN I lIDNKlDIl 
Page 14 
Section 34 Chanter VI 
COMPULSORY INFORMATION 
An applicant invoking his design application against a 
~hird party before the files of the application have be­
come available to the public~ is on request under' an 
obligation to let the par~y concerned inspect the files 
01 t~e application. 
Subsection 2. ~'"nyone, '.-iho indicates by direct communi· 
cation to third party, by advertisement, by the marking 
of goods or their packaging, or in any other ,,,ay that a 
d.esign has been applied for or registered, \--li thout at the 
same time stating the number of the design application 
or of the registration, is under obligation to give such 
information without undue d.elay to anyone requesting it. 
If it is not explicitly indicated that a design has been 
applied for or registered, but the circumstances are such 
that an impression to that effect is created, information 
as to \--lhether or not a design has been applied for or 
granted shall without delay be given on request. 
Chanter VII 
PUNISHMENT AND DAMAGES IN CASES OF IHFRINGE!1ENT, ETC. 
Section 35 
Section 36 If anyone infringes the exclusive right in a design (de­
sign infringement), and the infringement is committed 
deliberately, he shall be punished by a fine. 
S~bsection 2. If the offence has been committed by a 
limited liability company, a co-operative society or the 
like, the business as such may be liable to a fine. 
Subsection 3. Indictment shall be instituted by the 
aggrieved party. 
Anyone, who deliberately or inadvertently commits design 
infringement, is liable to pay a reasonable remuneration 
for the exploitation of the design and damages for other 
injury caused by the infringement. ~ction 37 
Section 38 IP/~/I/I>~I>/1 
Page 15 
Subsection 2. If anyone commits design infringement 
withou~ ~his being deliberate or inadvertent, and if he 
has obtained a profit thereby, he is liable to pay re­
nunera~ion and damages according to the provisions of 
subsec~ion 1, if and to the exten~ this is found reason­
able, b~t not exceeding the profit he has presumably 
:!1ade by -cne design infringement. 
In case of infringement, the Court may, to the extent 
it is found reasonable, and if claimed by the injured 
par~y, :~ order to preven~ continued design infringement 
:iecic.e -chat goods, ';/hich have been il:egally !:lanufactured 
or inpor"Ced into this coun~ry, or articles, the use of 
vhich would cause infringement, shall be altered in a 
specified Eanner er be des~royed or, i~ case of illegal­
ly !:lanufactured or i!:lported goods, be surrendered to the 
in jure:: party against remuneration. ?'o':lever, -::his does 
not c.pply to the party, which, in good faith, has acquired 
the goods in question or ac~uired rign"Cs -::0 the same and 
which has not itself committed design i~fringement. 
Subsec-::ion 2. In case of very special reasons, the Court 
may, irrespective of the provisions of subsection 1 and 
,::hen claimed, grant permission to dispose freely of the 
goods illegally manufactured or impor-::ed during the term 
of the design or part thereof against reasonable remu­
nera~ion and on otherwise reasonable conditions. 
If anyone makes unauthorized commercial use of a design 
applied for after the files of the application have been 
made available to the publiC, and if the application 
results in a design registration, the provisions about 
design infringement shall be similarly applicable. How­
ever, this does not apply to the provisions of Section 35. 
Damages for injury arising from infringement which has 
taken place before the files were made available to the 
public, are only liable to be paid by ~he infringer to 
the extent stipulated in Section 36, subsection 2. 
Subsection 2. Limitation of claims fer damages under sub­
section 1 shall commence at the earliest one year after 
the registration of the design. IP/N/1/DNKlDIl 
Page 16 
3,;cl:ion 39 
,section 40 
Section 41 
Section 42 ~n lawsuits for design infringement, it can only be claim­
ed that the design is invalid, if a claim that the design 
be declared invalid is laid against the proprietor, or 
after he has been summoned pursuant to the provisions 
contained in Section 43. If the design registration is 
declared invalid, the provisions of Sections35 to 38 shall 
not apply. 
~nyone who, in the instances mentioned in Section 34, 
fails to comply with his obligation or gives false in­
formation shall be liable to a fine if a more severe 
punishment is not provided for by other legislation, and 
shall be liable to make geod the damage l:hereby caused 
to the extent which is found reasonable. 
Subsection 2. The provisions of Section 35, subsections 
2 and 3, shall be similarly applicable. 
Chanter VIII 
:PROVISIONS OF AD!lINISTRATION OF J""uSTICE 
In actions which concern the right in a design, the can­
cellation of a registration or the transfer of the right 
to the same to another party, applicants and proprietor" 
of designs who are not residents in this country shall 
be considered as having their venue in Copenhagen. 
Anyone who brings an action fer cancellation of a design 
registration, for transfer of the registration, or for a 
compulsory licence, shall at the same time in writing 
notify this to the Registration Authority for entry in 
the Register of Designs and by registered mail give no­
tification of the action to any registered licensee ,·,hose 
address is indicated in the Register of Designs. A li­
censee who wants to bring an action for infringement of 
l:he design, shall in a similar '·lay give notification 
thereof to the proprietor of the design. Section 43 
Section 44 
Section 45 IP/~/1/I>~I>/1 
Page 17 
Subsection 2. If, on the day on which the case comes up 
for trial, the plaintiff does not prove that notification 
as prescribed in subsection 1 has taken place, the Court 
~ay fix a term for fulfilling the conditions. If the 
said term is disregarded, the action shall be dismissed. 
In actions for design infringement, brought by the pro­
prietor of the design, the defendant shall give notific­
ation according to the provisions of Section 42, sub­
section 1, to the Registration Authority and to registered 
licensees if he intends to claim that the design be can­
celled. The provisions of Section 42, subsection 2, shall 
be similarly applicable so that the claim that the design 
registration be cancelled shall be dismissed if the term 
fixed is disregarded. 
Subsection 2. In actions for design infringement brought 
by a licensee, the defendant can summon the proprietor of 
the design, irrespective of the latter's venue, in order 
to claim against him that the registration be cancelled. 
The provisions of Chapter 34 of the Administration of 
Justice Act shall be similarly applicable. 
Copies of judgments in cases mentioned under Sections 
16, 31 and 32, and 35 to 38 shall be sent to the Patent 
and Trade Marks Office on the initiative of the Court. 
Cha't)ter IX 
MISCELLANEOUS PROVISIONS 
A proprietor of a deSign, who is not resident in this 
country, shall have an agent who is resident here and 
entered in the DeSign Register, and \·:ho can receive com­
munications and other notifications ccncerning the design 
on his behalf. 
Subsection 2. If the proprietor of the design does not 
have such an agent, communications etc. may be served in 
the way prescribed in Section 160, subsection 2, of the I1?/~/I/I>~I>/l 
1?age 18 
Section 46 
Sect:icn 47 
Section 48 ;.d.ministra ti on of Justice Act. 
On the condition of reciprocity the I-linister of Commerce 
~ay ~ecide that the provisions of Sections 12 and 45 shall 
TIO~ apply to proprietors of designs who are domiciled in 
ether countries, or to proprietors ivho have an agent, re­
siding in those countries and entered in the Design Re­
gister in this country according to the provisions of 
Sections 12 and 45. 
·:!1e :t:inis1:er of Commerce shall deteroine specified rules 
and. ::::'egulations of the way in which the .':.ct shall be 
~arried i~to effect, including the filing and examination 
of design applications, of the arrange~ent and keeping 
of the ~esign Regis~er, of the contents of the Journal, 
~nd. ~he issue thereof, and of the procedure before the 
Paten~ and Trade Marks Office and the Board of Appeal. 
It may be determined that the record of application filed 
with the Registration Authority shall be available to the 
public. The Minister of Commerce may issue specified 
rules regarding the days on which the Patent and Trade 
Marks Office is closed. 
"'en applicant vrho applies for the registration of designs 
or the renewal of design registrations, shall, :esides 
the application and renewal fees, pay the following 
additional fees: 
1 ) 
2) 
3) 
4) a class fee for each class beyond the first, 
a' joint registration fee for each design beyond the first, cf. Section 11, 
a storing fee for a model, 
a nUblication fee for each representation beyond the first. 
Subsection 2. Renewal fees, to be paid after the expir­
ation of the registration period, shall be payable toge­
ther with a supplementary fee. 
Subsection 3. The Ninister of COIIl!!lerce shall determine 
the amount of the fees under this Act and the fees for 
services, extracts of the Register, etc. Section 49 
Section 50 Cha'Oter X JP INllIDNKlDIl 
Page 19 
PROVISIONS FOR OPDL~TION AND TRANSITION 
~his Act comes into force on October 1, 1970. 
Subsection 2. The Designs Act No. 107 of April 1, 1905, 
as published in Law Notification No. 193 of September 1, 
1936, and as amended in pursuance of Section 2 of Act 
No. 247 of June 9, 1967, is repealed, cf. however sub­
section 3. 
Subsection 3. Applications pending at the time when this 
Act comes into force, shall be decided upon pursuant to 
the provisions of the legislation hitherto in force, and 
this shall also apply ~o registrations resulting from 
such applications, however the term given under Section 
10, subsection 2, of the former Designs Act shall be 
extended to 6 months. 
The Act does not apply to the Faroe Islands, but the Act 
may by Royal Ordinance be put into force fo~ these islands 
with such amendments as circumstances in the Faroe Islands 
may require.