Consolidate Act No. 89 of 29 January 2019 
In case of any discrepancy between the original Danish text and the English translation 
of this Act, the Danish text shall preva il. 
The Consolidate Designs Act1) 
Publication of the Designs Act, cf. Consolidate Act No. 219 of 26 February 2017 including the amendments which follow from section 3 of Act No. 670 of 8 June 2017 and section 2 of Act No. 1533 of 18 December 
2) 2018. 
Part 1 
General provisions 
1.- The creator of a design (the designer), or his successor in title, may in accordance with this Act by registration obtain an exclusive right to the design (design right), cf. section 9. 
2.- For the purposes of this Act 
(i) “design” means the appearance of a 
product or part of a product resulting from the 
features of the product itself or its ornamen ta-
tion, in particular with respect to lines, contours, colours, shape, texture or materials, 
(ii) “product” means any industrial or 
handicraft item, including inter alia parts 
intended to be assembled into a complex 
1) product, packaging, get-up, graphic symbols 
and typographic typefaces, but excluding computer programs, 
(iii) “complex product” means a product 
which is composed of multiple components 
which can be replaced permitting disassembly and re-assembly of the product. 
3.-(1) A design right may only be obtained if 
the design is new and has individual 
character. 
(2) A design shall be considered to be new if 
no identical design has been made available to 
the public before the date of filing of the application or, if priority is claimed, the date of priority, cf. section 16. Designs shall be deemed to be identical if their features differ only in immaterial details. 
(3) A design shall be considered to have 
individual character if the overall impression 
the design produces on the informed user differs from the overall impression produced on such a user by any design which has been 
available to the public before the date of filing 
of the application or, if priority is claimed, the date of priority, cf. section 16. In assessing 
This Act contains provisions implementing Directive 98/71/EC of the European Parliament and of the Council of 13 
October 1998 on the legal protection of designs (EC Official Journal 1998 No. L 289, p. 28). Moreover, this Act 
contains provisions implementing parts of Directive 2004/48/EC of the European Parliament and of the Council of 29 
April 2004 on the enforcement of intellectual property rights (EU Official Journal 2004 No. L 195, p. 15). 
The Ministry of Industry, Business and Financial Affairs                             
The Patent and Trademark Office, File No. 19/00137 2 
the individual character of a design the degree 
of freedom of the designer in developing the design shall be taken into consideration. 
4.-(1) A design of a component part of a 
complex product shall only be considered to be new and to have individual character if 
(i) the component part, once it has been 
incorporated into the complex product, 
remains visible during normal use of the product, and 
(ii) the visible features of the component part 
comply with the requirements as to novelty 
and individual character. 
(2) Normal use means use of the complex 
product by the end user, excluding 
maintenance, servicing or repair work. 
5.-(1) A design shall be deemed to have been 
made available to the public if it has been published following registration or otherwise, or if it has been exhibited, used in trade or otherwise disclosed. 
(2) The design shall, however, not be deemed 
to have been made available to the public if 
(i) the events referred to in subsection 1 could 
not reasonably have become known in the 
normal course of business to the circles specialised within the sector concerned, operating within the European Union, before the date of filing of the application or, if priority is claimed, the date of priority, cf. section 16, or 
(ii) the design has been disclosed to a third 
party under explicit or implicit conditions of 
confidentiality. 
6.- A design shall not be deemed to have been 
made available to the public if it has been published during the 12-month period preceding the date of filing of the application or, if priority is claimed, the date of priority, cf. section 16, (i) by the designer, his successor in title or a 
third party as a result of information provided or action taken by the designer or his successor in title or 
(ii) as a consequence of an abuse in relation to 
the designer or his successor in title. 
7.-(1) A design right shall not be obtained if 
the design 
(i) is contrary to public policy or to accepted 
principles of morality, (ii) is in conflict with a prior design which has 
only been made available to the public after 
the date of filing of the application or, if priority is claimed, the date of priority, cf. section 16, provided that the date of filing of the application for the prior design precedes the date of filing of the application for the subsequent design, 
(iii) unauthorised (a) makes use of any of the items listed in 
Article 6ter of the Paris Convention for the 
Protection of Industrial Property or of badges, emblems and escutcheons other than those which are covered by Article 6ter of the said 
Convention and which are of particular public 
interest, 
(b) makes use of another person’s trade mark, 
style or other business identifier, (c) makes use of a work protected by 
copyright law or (d)contains an earlier design. 
(2) An earlier design means a design 
protected by (i) an application or a registration in this 
country 
(ii) an application for or a registration as a 
Community design, 
(iii) a non-registered Community design, or (iv) an international application or registration 
effective in this country. 3 
8.-(1) A design right may not be obtained 
with respect to the features of the appearance of a product which 
(i) are solely dictated by the technical 
function of the product or (ii) must be reproduced in their exact form 
and dimensions in order to permit the product 
to which the design relates to be mechanically connected to or placed in, on, around or against another product so that either product may perform its function. 
(2) Notwithstanding the provision of 
subsection 1(ii), a design right may be 
obtained to a design which is new and has 
individual character in accordance with section 3, provided that the design allows the multiple assembly or connection of products within a modular system consisting of mutually interchangeable parts. 
9.-(1) Subject to the exceptions following 
from sections 10 to 12, the design right shall imply that nobody may exploit the design without the consent of the holder of the right. Such exploitation shall include, in particular, the making, offering, putting on the market, 
importing, exporting or use of a product to 
which the design relates, or stocking such a product for those purposes. 
(2) The design right under subsection 1 shall 
include any design which does not produce on 
the informed user a different overall impression. In assessing the scope of the design right, the degree of freedom of the designer in developing his design shall be taken into consideration. 
10.- The design right shall not be exercised in 
respect of 
(i)acts done for private purposes, 
(ii) acts done for experimental purposes and (iii) acts of reproduction for the purpose of 
making citations or of teaching, provided that 
such acts are compatible with fair trade practice and do not unduly prejudice normal exploitation of the design and provided that reference is made to the source. 
11.- In addition, the design right shall not be 
exercised in respect of 
(i) the equipment on ships and aircraft 
registered in another country when these 
temporarily enter the territory of this country 
and 
(ii) the importation to this country of spare 
parts and accessories for the purpose of 
repairing and the execution of repairs on such 
ships and aircraft. 
12.- The design right shall not extend to acts 
relating to a product protected by a design, when the product has been put on the market within the European Economic Area (EEA) by the holder of the right or with his consent. 
Part 2 
Applications for the registration of designs 
13.-(1) Applications for the registration of designs shall be filed with the Patent and Trademark Office. 
(2) The application shall state the name or 
firm of the applicant and contain a 
reproduction of the design. 
(3) The application may moreover be 
accompanied by a specimen. If so, the 
specimen shall constitute the basis for the registration of the design. 
(4) If the applicant is not the creator of the 
design, the applicant or the creator may 
request that the creator of the design be stated in the Register of Designs. If the design is the result of collaboration between more than one designer, a citation of the group of designers in question may replace a citation of the individual designers. 4 
(5) The prescribed fees shall accompany the 
application. 
14.-(1) An application shall only have legal 
effect from the date on which the applicant has filed a reproduction or a specimen of the design. 
(2) An application may not be amended so as 
to relate to a design other than the design 
disclosed in the application. 
15.- An application may comprise more than 
one design, provided that the products to 
which the de- signs are intended to be applied may be referred to the same class, cf. the Agreement Establishing an International Classification for Industrial Designs signed at Locarno on 8 October 1968 (the Locarno Agreement). 
16.-(1) If a design is contained in an 
application for the registration of the design or for the protection of a utility model in another country party to the Paris Convention of 20 March 1883 for the Protection of 
Industrial Property or member of the World 
Trade Organisation (WTO), and the 
registration of the design is applied for in this country within six months from the date of filing in that other country, the application shall at the request of the applicant for the purposes of sections 3 and 7(1)(ii) and (iii) be considered filed at the same time as the 
application in that other country. 
(2) The same right of priority under 
subsection 1 shall apply even if the previous 
application for protection does not originate from a country party to the Convention or 
member of the WTO, provided that an 
equivalent priority from a Danish design application is granted in the country where the previous application was filed, and the legislation in that country is essentially in conformity with the Paris Convention. (3) The same right of priority under 
subsection 1 shall also apply if the design is included in an application for the protection of a design or a utility model in this country. 
(4) If an application for the registration of a 
design is filed in this country not later than six 
months after the design has been displayed for the first time at an official, or officially recognised, international exhibition, the application shall at the request of the applicant for the purposes of sections 3 and 7(1)(ii) and (iii) enjoy priority from that date. The exhibitions referred to are such 
exhibitions as are defined in the Convention 
on International Exhibitions, signed at Paris on 22 November 1928 and latest revised on 30 November 1972. 
17.-(1) The Patent and Trademark Office shall 
ensure that the application relates to a design, cf. section 2(i), and that the provision of section 7(1)(i) does not prevent registration. Furthermore, the Office shall ensure that the application comprises only one design, cf., however, section 15. 
(2) The applicant may request the Patent and 
Trademark Office to examine other matters of 
importance for the design right known to the Office. For the request the applicant shall pay the prescribed fee. 
(3) The Minister of Industry, Business and 
Financial Affairs shall lay down the specific 
rules concerning the examination and its extent. 
18.- If the application complies with the 
requirements, and no objection has been found to the registration, the design shall be registered. The registration shall be published 
by the Patent and Trademark Office. 
Publication may be deferred for up to six months from the date of filing or, if priority is claimed, the date of priority, cf. section 16, provided that the applicant so requests in the application. 5 
19.-(1) If the applicant has not complied with 
the requirements laid down for the application, or if the Patent and Trademark Office has other objections to the registration, the applicant shall be notified accordingly and be invited to file his observations or to take steps to correct the application within a 
specified time limit. 
(2) If the applicant fails to file his 
observations or to take steps to correct the application within the expiry of the time limit, the application shall be shelved. The notification referred to in subsection 1 shall 
contain information to that effect. 
(3) The examination of an application may be 
resumed if the applicant within two months 
after the expiry of the prescribed time limit requests resumption and files his observations or corrects the application and within the same time limit pays the prescribed resumption fee. Resumption may be granted only once. 
(4) If the Patent and Trademark Office has 
any objections to accept the application, and 
the applicant has had an opportunity to file his observations on the objections, the application 
shall be refused unless the Patent and 
Trademark Office has reason to invite the applicant once more pursuant to subsection 1. 
20.-(1) If the Patent and Trademark Office 
pursuant to section 19 has any objections to registration, the design may be registered in amended form, provided that the design in the amended form complies with the requirements for protection and retains it s 
identity. 
(2) If the applicant disapproves of the 
decision of the Patent and Trademark Office 
pursuant to subsection 1 as to registration in 
the amended form, the application shall be refused. Part 3 
Publication and obligation to give 
information 
21.-(1) As from the date on which the design is registered, the files of the application shall be available to the public. 
(2) When six months have elapsed from the 
date of filing or, if priority is claimed, from 
the date of priority, cf. section 16, the files 
shall be available to the public even if 
publication under section 18 has not been effected. If a decision has been made to shelve or to refuse the application, the files shall, however, not be available unless the applicant requests resumption or appeals against the refusal. 
(3) At the request of the applicant the files of 
the application shall be made available earlier 
than prescribed in subsections 1 and 2. 
(4) When the files of the application are made 
available under subsection 2 or 3, an 
advertisement shall be made to that effect. 
22.-(1) An applicant who invokes his 
application for a design registration against another person before the files of the application have been made available to the public shall on request let the said person obtain inspection of the files. 
(2) Any person who, either by direct 
communication with another person or in 
advertisements or by inscription on products or their packaging or in any other way, indicates that a design is registered or its 
registration is applied for without indicating 
at the same time the number of the registration or the application, shall without undue delay give such information to any person requesting it. If it is not explicitly indicated that a design is registered or its registration applied for, but circumstances are 6 
such as to create that impression, information 
as to whether the design is registered or its registration is applied for shall be given on request without undue delay. 
Part 4 
Term of the design registration 
23.-(1) A design registration shall be effective for the period or periods of five years for which the application has been filed counted 
from the date of filing of the application. The 
registration may, on request, be renewed for further periods up to a total term of 25 years. Each period shall run from the expiry of the preceding period. 
(2) Notwithstanding subsection 1, the 
registration shall be effective for a maximum of 15 years for a design of a component which is used for the repair of a complex product so as to give the product its original appearance. 
24.-(1) The request for renewal of a design 
registration shall be effected by payment of 
the prescribed renewal fee to the Patent and 
Trademark Office not earlier than three months before and not later than six months after the expiry of the registration period. If the renewal fee is paid only after the expiry of the registration period, an additional fee shall be paid. 
(2) The Patent and Trademark Office shall 
collect the prescribed renewal fee from the 
holder of the design or his agent. The Office shall not be held responsible for any loss of rights as a conse quence of failure to collect. 
(3) If the prescribed renewal fee has not been 
paid within six months after the expiry of the registration period, the registration shall be cancelled. 
(4) The renewal of the registration shall be 
published. Part 5 
Termination of the registration by a court 
decision or administrative examination, 
etc. 
25.-(1) When a design registration has been 
effected, any person may file a request with the Patent and Trademark Office for an entire or partial cancellation of the registration. The request may exclusively be filed on the ground that 
(i) the registration has not been effected in 
accordance with sections 1 to 8, 
(ii) the application has been amended in 
contravention of section 14(2), (iii) the requirements of section 15 are not 
complied with or (iv) the registration has been maintained for 
more than 15 years in contravention of section 
23(2). 
(2) A request pursuant to subsection 1 may 
only be filed concerning 
(i) the right to a design by the person claiming 
to be rightful holder of the design, 
(ii) the rights referred to in section 7(1)(ii) 
and (iii)(b) to (d) by the person claiming to be 
the rightful holder of the rights in question, 
(iii) use of the rights referred to in section 
7(1)(iii)(a) by the person affected by the use. (3) If a case before the courts concerning a 
design remains to be finally decided upon, a 
request pursuant to subsection 1 may not be filed concerning the design in question. If proceedings concerning a design are instituted 
before the courts prior to a final decision 
having been made on the request pursuant to subsection 1 relating to the same design, the Patent and Trademark Office or the Patent Board of Appeal shall suspend the examination of the request until the case has 7 
been finally decided upon, unless the request 
has been filed by the holder of the design. 
(4) For a request pursuant to subsection 1 the 
prescribed fee shall be paid. 
26.-(1) A request pursuant to section 25(1) 
shall be accompanied by documentation. If the material to be used for such documentation is insufficient, the Patent and Trademark Office may require additional material in order to consider the request. 
(2) If the request has been filed by another 
person than the holder of the design 
registration, the holder shall be informed of 
the material filed and be invited to file his observations thereon. 
27.-(1) A design registration may be revoked 
entirely or partially by a court decision, if 
(i) the registration has not been effected in 
accordance with sections 1 to 8, (ii) the application has been amended in 
contravention of section 14(2), (iii) the requirements of section 15 are not 
complied with or (iv) the registration has been maintained for 
more than 15 years in contravention of section 
23(2). 
(2) Any person may institute proceedings 
pursuant to subsection 1. Proceedings may, 
however, only be instituted concerning 
(i) the right to a design by the person claiming 
to be the rightful holder of the design, (ii) the rights referred to in section 7(1)(ii) 
and (iii)(b) to (d) by the person claiming to be 
the rightful holder of the rights in question, 
(iii) use of the rights referred to in section 
7(1)(iii)(a) by the person affected by the use. 
(3) Proceedings under subsection 2(i) shall be 
instituted within one year after the person in 
question has obtained knowledge of the registration and the other circumstances on which the proceedings are based. If the holder of the design was in good faith when the design was registered or when the design right was transferred to him, the proceedings may not be instituted later than three years after the registration of the design. 
(4) A design registration may be revoked after 
the right to the design has lapsed or the design 
right has been surrendered. 
28.-(1) A design registration may be 
maintained in amended form, provided that the design in the amended form complies with the requirements for protection and retains its 
identity. 
(2) If the holder of the design disapproves of a 
decision to maintain the registration in 
amended form or fails to pay the prescribed fee for publication of the amendment, the registration shall be cancelled. 
29.-(1) If any person claims to be entitled to a 
design applied for or registered, the Patent and Trademark Office may, if it finds the question doubtful, invite the said person to bring it before the courts within a time limit to be specified. If the invitation is not complied 
with, the claim may be disregarded. 
Information to that effect shall be given in the invitation. 
(2) If legal proceedings have been instituted 
concerning the right to a design, the Patent 
and Trademarks Office shall suspend the examination of the case until a final decision has been given in the legal proce edings. 
30.-(1) If any person proves to the Patent and Trademark Office that he, and not the 
applicant or the holder of the design, is 
entitled to a design comprised by a design applied for or registered, the Patent and Trademark Office shall transfer the application or the registration to him if he so requests. The transferee shall pay an 
application fee. 8 
(2) If a request has been made for the transfer 
of an application or a registration, the 
application may not be amended, shelved, refused or accepted or the registration amended or cancelled, entirely or partially, until a final decision has been made concerning the transfer. 
31.-(1) If a design has been registered for 
another person than the person entitled thereto under section 1, the court shall transfer the design right to the entitled person if he so claims. If another person is entitled to the 
design right, the Patent and Trademark Office 
shall transfer the registration to the entitled person. 
(2) If the person who is deprived of a design 
registration in good faith has exploited the 
design in this country, or has made substantial preparations for such exploitation, he shall be entitled, for a reasonable compensation and on reasonable terms in other respects, to continue the exploitation already commenced or to implement the planned exploitation retaining its general character. Such a right shall also, under similar conditions, be 
enjoyed by holders of licences. 
(3) Rights pursuant to subsection 2 may only 
be transferred to others together with the 
business in which they are exploited or in which the exploitation was intended. 
32.-(1) If an objection exists to the 
maintenance of a design registration pursuant to a decision under section 25(1) or a court decision, the registration shall be cancelled by the Patent and Trademark Office. The Office shall also cancel the registration if the holder 
of the design surrenders the design right. 
(2) If the Patent and Trademark Office based 
on a request pursuant to section 25(1) finds no 
grounds for an entire or partial cancellation of the registration, the request shall be rejected, and the registration shall be maintained. 33.-(1) The Patent and Trademark Office shall publish the lapse of a design registration. The Office shall also publish amendments of the design registration in consequence of a decision made by the Office or a court decision concerning an entire or partial cancellation or concerning the transfer of the design right to another party. 
(2) For the publication of a registration in 
amended form the prescribed fee shall be 
paid. 
Part 6 
Appeals 
34.- Appeals from the final decision of the Patent and Trademark Office with respect to a design application may be filed with the Patent Board of Appeal by the applicant. The same shall apply to the holder of the design if a design registration is cancelled entirely or partially. If a design registration is maintained in amended or unamended form, the decision may be appealed against by the person having filed the request for an entire or partial 
cancellation of the design registration. If the 
latter withdraws his appeal, the appeal may nevertheless be examined, provided that there are special grounds for such action. 
35.-(1) Appeals pursuant to section 34 shall 
be filed with the Patent Board of Appeal not later than two months after the Patent and Trademark Office has notified the party concerned of the decision. The prescribed fee for appeal shall be paid within the same time limit. Failure to do so shall cause the appeal to be rejected. Filing of appeals with the Patent Board of Appeal shall have suspensive 
effect. 
(2) The decisions of the Patent Board of 
Appeal may not be brought before another 
administrative authority. 
(3) Decisions made by the Patent and 
Trademark Office which may be brought 9 
before the Patent Board of Appeal, may not 
be brought before the courts until the decision of the Board of Appeal has been given. If a party wants to bring a decision made by the Patent Board of Appeal before the courts, proceedings shall be instituted not later than two months after the date on which the party concerned was notified of the decision of the Board of Appeal. The proceedings shall have suspensive effect. 
Part 7 
Liability to punishment, liability for 
damages, etc. 
36.-(1) Any person who intentionally or grossly negligently infringes a design right (design infringement) shall be punished with a fine. That shall also apply to infringement of design rights established pursuant to the Council Regulation on Community designs. 
(2) If the infringement has been committed 
intentionally and under aggravating 
circumstances, the penalty may increase to imprisonment of up to 18 months, unless a 
heavier penalty is provided for by section 
299b of the Penal Code. Aggravating 
circumstances shall in particular be considered to exist if a significant and obviously unlawful profit is intended by the infringement. 
(3) Companies etc. (legal entities) may be 
held liable to punishment under the rules of 
Part 5 of the Penal Code. 
(4) In the case of infringements comprised by 
subsection 1 proceedings shall be instituted 
by the injured party. In the case of infringements comprised by subsection 2 
proceedings shall be instituted only at the 
request of the injured party unless the institution of proceedings is required in the interests of the public. 37.-(1) Any person who intentionally or negligently commits design infringement shall pay 
(i) a reasonable compensation to the injured 
party for the exploitation and 
(ii) damages to the injured party for the 
further injury which the infringement has 
caused. 
(2) In fixing the damages according to 
subsection 1(ii) inter alia the loss of profit 
suffered by the injured party and the illicit 
profit obtained by the infringer shall be taken 
into consideration. 
(3) In cases comprised by subsection 1 an 
additional compensation may be fixed to the 
injured party for non-financial injury. 
38.-(1) For the purpose of preventing further 
design infringements the court may, when so claimed, inter alia decide that a product 
constituting a design infringement shall be 
(i)withdrawn from the market, 
(ii) removed definitively from the market, 
(iii) destroyed, 
(iv)surrendered to the injured party or 
(v)altered in a specified manner. 
(2) Subsection 1 shall apply mutatis mutandis 
to materials, tools or the like which have 
primarily been used for illegal production of the infringing products. 
(3) The measures under subsection 1 shall be 
implemented without compensation to the 
infringer and shall not affect any damages to the injured party. The measures shall be implemented at the expense of the infringer 
unless special circumstances tell against it. 
(4) In giving a court decision on measures 
under subsection 1 the court shall take into 
consideration the proportion between the extent of the infringement, the prescribed measures and the interests of any third party. 10 
(5) The court may, when so claimed, grant 
permission to the infringer to have the 
products, materials, tools or the like referred to in subsections 1 and 2 at his disposal during the term of protection of the design or part thereof against a reasonable compensation. However, this shall only apply if 
(i) the infringer has neither acted intentionally 
nor negligently, (ii) the measures under subsection 1 would 
cause the infringer disproportionate harm and (iii) a reasonable compensation is sufficient. 
39.-(1) If any person without permission 
exploits a design in respect of which registration is applied for after the files of the application have been made available to the public, and the application results in a registration, the provisions concerning design infringement shall apply mutatis mutandis . 
That shall, however, not apply to the provision of section 38. Any person who has committed design infringement before the files have been made available to the public and who has obtained a profit thereby shall 
pay damages pursuant to section 37 to the 
extent found reasonable, but not exceeding the profit he is supposed to have obtained by the design infringement. 
(2) Claims for damages under subsection 1 
shall not be statute-barred earlier then 1 year 
after the registration of the design. 
39a.-(1) In a court decision by which a person 
is held liable under section 37 or 38 the court may, if so requested, decide that the court decision in full or extracts thereof shall be 
published. 
(2) The obligation to publish shall rest with 
the infringer. The publication shall be made at 
the expense of the infringer and in such a prominent manner as may reasonably be required. 40.- In proceedings concerning design infringement the invalidity of the design right may only be put in issue if a claim for cancellation of the registration is set up against the holder of the design, possibly after the latter has been summoned pursuant to the rules laid down in section 45. If the registration is cancelled, the provisions of sections 36 to 39 shall not apply. 
41.-(1) Any person who, in the cases referred 
to in section 22, fails to comply with his 
obligations or gives false information shall be 
punished with a fine, in so far as a severer punishment is not provided for by other legislation, and shall compensate the injury caused thereby to the extent found reasonable. 
(2) The provisions of section 36(3) and (4) 
shall apply mutatis mutandis . 
41a.- If the customs and taxation authorities 
become suspicious of infringements comprised by section 36, information to that effect may be passed on to the holder of the 
right. 
Part 7A 
Special unit on enforcement and 
counterfeiting and piracy 
41b.- (1) The tasks of the Patent and 
Trademark Office concerning the enforcement 
of design rights and the combating of counterfeiting and piracy shall be performed by a special unit, which consumers, 
businesses and authorities may approach and 
obtain information and guidance. 
(2) In specific cases concerning counter -
feiting and piracy the unit shall give advice to consumers and small and medium-sized enterprises. On request and against payment 11 
of a fee the unit may give a written advisory 
opinion. 
(3) The unit shall assist the police and the 
prosecution in their efforts against 
counterfeiting and piracy. 
(4) The Minister of Industry, Business and 
Financial Affairs may lay down specific rules 
concerning the tasks and organisation, etc. of the unit. 
Part 8 
Provisions as to administration of justice 
42.- The Maritime and Commercial Court shall be the Community design court of first instance, and the Supreme Court and the High Courts shall be the Community design courts of second instance pursuant to the Regulation on Community designs. In determining whether judgements of the Maritime and Commercial Court pursuant to this Act may be appealed to the Supreme Court or the High Court section 368 (4-6) of the Administration 
of Justice Act shall apply. 
43.-(1) Provisional decisions on injunctions 
under the Regulation on Community designs shall be given by the City Court or the Maritime and Commercial Court, cf. Part 40 of the Administration of Justice Act. 
(2) Provisional decisions on injunctions under 
the Regulation on Community designs which 
are to have effect within the territory of any Member State shall be given by the Maritime and Commercial Court. 
(3) Provisional decisions on injunctions 
pertaining to a Community design as well as 
other designs protected under this Act shall be given by the Maritime and Commercial Court if the provisional decision pertaining to the Community design is to have effect within the territory of any Member State. 44.-(1) Any person who institutes proceedings for the entire or partial cancellation of a design registration or for the transfer of the registration shall notify the Patent and Trademark Office thereof for entry in the Register of Designs and by registered letter notify any licensee who is entered in the Register with an address of the proceedings. Any licensee who wishes to institute proceedings for infringement of the design right shall in a similar way notify the holder of the design thereof. 
(2) If the plaintiff does not prove in the 
summons that the notifications referred to in 
subsection 1 have been given, the court may fix a time limit for compliance with the requirements. If the said time limit is not observed, the case shall be dismissed. 
45.-(1) In proceedings for infringement of the 
design right instituted by the holder of the design, the defendant shall notify the Patent and Trademark Office and registered licensees in accordance with the rules laid down in section 44(1) if the defendant intends 
to claim cancellation of the registration. The 
provision of section 44(2) shall apply mutatis 
mutandis so that the claim for cancellation of 
the registration shall be dismissed if the fixed time limit is not observed. 
(2) In proceedings for design infringement 
instituted by a licensee, the defendant may 
summon the holder of the design to attend without regard to his venue and file a claim against him for cancellation of the registration. The provisions of Part 34 of the Administration of Justice Act shall apply mutatis mutandis . 
46.- Office copies of court decisions in the proceedings referred to in sections 27 to 29, 31, 32 and 36 to 39 shall be sent to the Patent and Trademark Office on the initiative of the court. 12 
Part 9 
Miscellaneous provisions 
47.- The Patent and Trademark Office may 
invite an applicant for a design and a holder of a registered design to appoint an agent residing in the European Economic Area (EEA) to represent him with respect to the application or the registration. The name and address of the agent shall be entered in the Register of Designs. 
48.-(1) If the non-observance of a time limit 
vis-à-vis the Patent and Trademark Office prescribed by or provided for in this Act causes a loss of rights to an applicant for a design who has taken all due care reasonably required, the Patent and Trademark Office shall on request re-establish his rights. The request shall be filed with the Patent and Trademark Office within two months from the removal of the obstacle causing non -
observance of the time limit though not later than one year after the expiry of the tim e 
limit. The omitted act shall be completed and 
the fee prescribed for re-establishment of 
rights shall be paid within the same time limits. 
(2) The provision of subsection 1 shall apply 
mutatis mutandis if a holder of a design has 
failed to pay the renewal fee within the time 
limit prescribed in section 24(1), provided that the request for re-establishment of rights is filed and the renewal fee paid not later than six months after the expiry of the time limit. 
(3) The provision of subsections 1 and 2 shal l 
apply mutatis mutandis to time limits vis-à-
vis the Patent Board of Appeal. Re -
establishment of rights shall be effected by 
the Patent Board of Appeal. 
(4) The provisions of subsection 1 shall not 
apply to the time limits referred to in section 
16. 49.-(1) The Minister of Industry, Business and Financial Affairs shall lay down specific provisions concerning design applications and their examination and other processing, priority, division of design applications and registrations, renewal or surrender of as well as requests for the entire or partial cancellation of design registrations, the keeping of the Register of Designs, exchange of electronic data with the Patent and Trademark Office and the Patent Board of Appeal, the publication and contents of th e 
Danish Design Gazette (Dansk Designtidende) and the procedures of the 
Patent and Trademark Office. It may thus be 
prescribed that the records of the Patent and 
Trademark Office relating to applications filed shall be available to the public. The Minister of Industry, Business and Financial Affairs may lay down specific rules concerning the days on which the Patent and Trademark Office shall be closed. 
(2) The Minister of Industry, Business and 
Financial Affairs shall lay down the 
provisions necessary for the application of the Regulation on Community designs. 
(3) For the examination and other processing 
of cases concerning Community designs a fee 
shall be paid. 
(4) The Minister of Industry, Business and 
Financial Affairs may lay down rules 
concerning the payment for special transactions, publications, transcripts, courses, etc. 
50.- A registered design may also be 
protected by the Copyright Act from the date on which the design was created or established in a given shape. 
51.-(1) The transfer of a design, the grant of a 
licence, the pledging of a design, the levying 
of execution on the design or the commencement of insolvency proceedings against the holder of the design shall on request be entered in the Register of Designs. 13 
The same shall apply to the entry of the name 
of the creator of a design and of rights under section 31(2). 
(2) The request for the entry, amendment or 
deletion of information in the Register of 
Designs pursuant to subsection 1 shall be accompanied by the necessary documentation. 
(3) In the case of a registration comprising 
more than one design, cf. section 15, the 
transfer of the design right to another person may only be entered in the Register provided that the transfer comprises all the designs. 
(4) Proceedings concerning a design may 
always be instituted against the person 
entered in the Register as holder of the design, and notifications from the Patent and Trademark Office may be sent to the holder. 
52.-(1) The Patent and Trademark Office may 
on request undertake the performance of special tasks concerning designs and design rights. 
(2) The Access to Public Administration Files 
Act shall, except for section 8, not apply to 
the tasks referred to in subsection 1. 
(3) The Minister of Industry, Business and 
Financial Affairs shall lay down rules 
governing that service and the payment therefor and governing the payment of fees for reminders in the case of late payment. 
Part 10 
International design registration 
53.- An international design registration 
means a registration under the amendment of 
the Hague Agreement Concerning the International Registration of Industrial Designs adopted at Geneva on 2 July 1999 (the Geneva Act). 54.- An international design registration with validity in Denmark shall have the same legal effect as if the design had been registered in this country. 
55.- An international design application shall 
be filed with the Patent and Trademark Office or with the International Bureau. The international design application may be filed with the Patent and Trademark Office by Danish nationals and by natural persons or legal entities having their residence in 
Denmark or being owners of a real and 
effective industrial or commercial establishment in Denmark. 
56.- At the filing of an international design 
application priority may be claimed from a country party to the Paris Convention or member of the World Trade Organisation (WTO). 
57.- If the design does not comply with the 
conditions of registration under this Act, the Patent and Trademark Office may, within the 
time limit laid down in the Geneva Act, notify 
the International Bureau of the entire or partial refusal of the validity of the design in Denmark. 
58.- The rules laid down in the Geneva Act 
shall apply to the renewal of an international design registration. 
59.-(1) The Minister of Industry, Business 
and Financial Affairs shall lay down specific rules for the implementation of the provisions 
of this part of the Act. Special rules may thus 
be laid down concerning the publication of the internationally registered designs. 
(2) For the examination and other processing 
of cases concerning international design 
registration a fee shall be paid. 14 
Part 10 A 
Fees 
59a.-(1) For an application for the registration 
of a design a fee of 1,200 DKK shall be paid, cf. section 13(5). With respect to an application comprising more than one design, cf. section 15, an additional fee of 700 DKK shall, furthermore, be paid for each design in excess of one. For the publication of a design an additional fee of 400 DKK shall be paid 
for each reproduction in excess of one. 
(2) For an examination pursuant to section 
17(2) a fee of 1,500 DKK shall be paid. With 
respect to an application which pursuant to section 15 comprises more than one design an additional fee of 900 DKK shall be paid for each design in excess of one. 
(3) The fee for the designation of Denmark in 
an international design registration shall be 
fixed pursuant to Article 7(1) of the Geneva Act of 2 July 1999 of the Hague Agreement Concerning the International Registration of 
Industrial Designs (the Geneva Act). 
59b.-(1) For the renewal of a design 
registration, cf. section 24(1), a fee of 2,200 
DKK shall be paid, for each period, cf. section 23. With respect to a registration which pursuant to section 15 comprises more than one design an additional fee of 1,100 DKK shall, furthermore, be paid for each design in excess of one. 
(2) The provision of subsection 1 shall apply 
mutatis mutandis to the renewal of 
registrations under section 25(1) of the 
previous Designs Act. 
(3) Fees pursuant to subsection 1 or 2 paid 
after the expiry of the registration period and 
up to six months thereafter shall be increased by 20 per cent. (4) The fee for the renewal of the designation 
of Denmark in an international design registration shall be fixed pursuant to Article 17(2), cf. Article 7(1), of the Geneva Act. 
59c.-(1) For a request for administrative 
examination, including examination of designs included in a registration comprising more than one design, cf. section 15 and section 25(4) a fee of 3,000 DKK shall be paid for each design. 
(2) For the publication of a registration in 
amended form a basic fee of 400 DKK shall 
be paid, cf. section 33(2). Furthermore, an 
additional fee of 400 DKK shall be paid for each reproduction in excess of one. 
59d.-(1) For a request for resumption of an 
application for a design a fee of 400 DKK 
shall be paid, cf. section 19(3). 
(2) For a request for re-establishment of a 
design application or registration a fee of 
3,000 DKK shall be paid, cf. section 48. 
(3) For a written advisory opinion pursuant to 
section 41b(2) a fee of 1,500 DKK shall be 
paid. 
59e.-(1) For the handling by the Patent and 
Trademark Office of cases concerning applications for Community designs a fee of 200 DKK shall be paid, cf. section 49(3). 
(2) For the handling by the Patent and 
Trademark Office of cases concerning 
applications for international registration of designs a fee of 200 DKK shall be paid, cf. section 59(2). 
59f.-(1) Fees paid pursuant to sections 59a to 
59e shall not be refunded when the payment 
has been effected in due time. 
(2) Fees not paid in due time or paid in 
insufficient amounts at the expiry of the time __________ 
__________ 15 
limit resulting in non-acceptance of the 
payment shall be refunded. 
(3) If the Patent and Trademark Office rejects 
the examination and other processing paid for, 
fees paid in connection with the examination and other processing shall be refunded. 
59g.-(1) The fees referred to in sections 59a to 
59e are stated at the 2011-level. 
(2) The Patent and Trademark Office may 
adjust the amounts stated in sections 59a to 
59e in accordance with the general price and 
wage development used for the purposes of 
the Government Budget. The Patent and Trademark Office shall publish the current fees in a price list. 
59h. The Patent and Trademark Office may 
transfer income from fees charged under this 
Act to the payment of costs involved in the administration by the Patent and Trademark Office of other fields under the jurisdiction of the Office where fees are charged. 
(2) The Patent and Trademark Office may 
transfer income from fees charged under this 
Act to Nævnenes Hus to the payment of costs 
associated with the Board of Appeal for 
Patents and Trademarks. 
Part 11 
Provisions as to entry into force and 
transitional provisions 
60. (1) This Act shall enter into force on 1 
October 2001. The Minister of Industry, Business and Financial Affairs shall, 
however, determine the date for the entry into 
3) force of Part 10.
(2) The Designs Act, cf. Consolidate Act No. 
251 of 17 April 1989, shall be repealed, cf., 
however, subsection 3. (3) This Act shall apply to designs registered 
and design applications filed after the entry into force of this Act. With respect to designs registered and design applications filed prior to the entry into force of this Act, the previous rules shall continue to apply. 
(4) Any person who prior to the entry into 
force of this Act pursuant to section 6 of the 
Designs Act, cf. Consolidate Act No. 251 of 17 April 1989, was exploiting a design commercially in this country, or had made substantial preparations for such exploitation, may continue the exploitation of the design. 
61. This Act shall not apply to the Faeroe 
Islands and Greenland, but may by Royal 
Ordinance be put into force for the Faeroe Islands and Greenland with such deviations as the special Faeroese and Greenland circumstances may require.
4) 
Act No. 670 of 8 June 2017 to amend the Administration of Justice Act, the Act on the Brussels I Regulation etc. and various other 
acts (Amendment of the rules for lay judges, 
implementation of the Convention on Choic e 
of Court Agreements etc.)
5) contains the 
following provision as to entry into force: 
Section 12 
(1) This Act shall enter into force on 1 July 
2017, cf. section 2. 
(2)(Excluded) 
Act No. 1533 of 18 December 2018 to amend 
the Trade Marks Act and various other Acts 
and to abolish the Collective Marks Act (Examination of applications, grounds for refusal, reproduction of trademarks, goods in transit, transfer of fee income etc.)
6) contains 
the following provision as to entry into force: 16 
Section 8 (2) (Subsection 2-7 excluded) 
(1) This Act shall enter into force on 1 
January 2019. 
The Patent and Trademark Office, 29 January 2019 
SUNE STAMPE SØRENSEN 
/Anne Rejnhold Jørgensen 17 
2) This Consolidate Act contains information about provisions as to entry into force and transitional provisions adopted 
during the sessional year 2018/2019 of the Danish Parliament (the Folketing). Provisions as to entry into force and 
transitional provisions for previously adopted amendments of the Designs Act are laid down in Consolidate Act No. 
219 of 26 February 2017. The amendments indicated below in consequence of section 3 of Act No. 670 of 8 June 
2017 and section 2 of Act No. 1533 of 18 December 2018 shall not apply to the Faeroe Islands and Greenland, but may by Royal Ordinance be put into force in whole or in part for the Faeroe Islands and Greenland with such deviations as the circumstances of the Faeroe Islands and Greenland may require. 
3) Part 10 entered into force on 9 December 2008 by Order No. 1079 of 17 November 2008. 
4) This Act was put into force for Greenland on 1 July 2010 by Royal Ordinance No 656 of 11 June 2010. Part 10 of this 
Act was put into force for Greenland on 11 January 2011 by Order No. 1327 of 3 December 2010. This Act was put into force for the Faeroe Islands on 2 May 2015 by Royal Ordinance No. 485 of 21 April 2015. Part 10 of this Act was put into force for Faeroe Islands on 13 April 2016 by Order No. 144 of 25 February 2016. 
5) The amendment of this Act relates to section 42. 
6) The amendments of this Act relate to section 43 and 59 h.