1 
This is an unofficial translation of the Design Protection act, SFS 1970:485. Should 
there be any differences between this translation and the authentic Swedish text, 
the authentic Swedish text will prevail.  
 
DESIGN PROTECTION AC T 
(Swedish Statute Book, SFS, 1970:485, as last amended by SFS  2020:542 ). 
 
General p rovisions  
 Article 1 . For the purposes of this Act:  
 
1. “design ” means the appearance of the whole , or a part of,  a product , resulting from 
the details of the product itself or of the details of the ornamentation of the product relating  especially to the lines, contours, colours, shapes, textures or 
materials;  
2. “product ” means any industrial or handicraft item , including parts intended to be 
assembled into a composite  product, packaging, get -up, graphic symbols and 
typographic type -faces, but excluding computer programs;  
3. “comp osite product ” means a product which, through being composed of multiple 
replaceable components, can be disassembled an d then again reassembled.  
 Provisions c oncerning  Community  designs in accordance with Council Regulation (EC) 
No 6/2002 of 12 December 2001 on Community designs are in this Act contained in 
Articles 50– 52. Act (200 4:1154).  
 Article 1 a. The person who has created a design (the designer) or his successor in title, 
may obtain, through registration, an exclusive right to the design according to this Act 
(design right).  Act (2002:570). 
 
Article 2. A design right can be obtained only if the design is new and has a  distinctive  
character.  
 
A design shall be considered new if no identical design has been made available to the 
public before the date of the filing of the application for registration or, if priority is 
claimed under  Articles 8 –8 d, before the date of priority. Designs shall be deemed to be 
identical despite existing differences if their features differ only in non- essential details.  
 
A design shall be considered to have a distinctive character if the ove rall impression  of 
the design on an informed user differs from the overall impression of  any other design 
which has been made available to the public before the date indicated in the second 
Paragraph. In assessing whether the design has a distinctive  character, the space for 
variation availa ble to the designer in developing the design shall be taken into 
consideration.  Act (2002:570).  
 Article 2 a. A design relating to a part of a composite  product shall be deemed to be new 
and having a distinctive character only if  
 
1. the component part , or an element of  it, once it has been incorporated into the 
comp osite product, remains visible during a normal use of that product, and  
2. the design to the extent that it remains visible fulfils in itself the requirements in 
Article 2 as to novelty and distinctive character.   2 
The term “normal use” shall mean the use by the end user, excluding maintenance, 
service and repair work.  Act (2002:570)  
 Article 3. A design shall be deemed to have been made  available to the public if it has 
been made public  in the context of a registration procedure or otherwise. The same shall 
apply if the design has been exhibited, used commercially  or otherwise become known.  
 Notwithstanding the first Paragraph, a design shall not be deemed to have been made 
available to the public  
 
1. if the professional circles in the sector concerned in the European Economic Area 
could not, in the normal course of business, reasonably have obtained knowledge 
of the acts mentioned in the first P aragraph before the date of the filing of the 
application for registration or, if priority is claimed under Articles 8 -  8 d, before 
the priority date, or  
2. if the design has become known for the sole reason that it has be en shown to 
someone under the explicit or implicit condition that the design shall be kept 
confidential.  Act (2002:570). 
 
Article 3 a. A design shall not be deemed to have been made available to the public if it 
has become known within a period of twelve m onths preceding the date indicated in 
Article 2, second P aragraph, provided that the design has been made public or has 
otherwise been made known  
 
1. by the designer,  
2. by a third person in consequence of information provided, or action taken, by the 
designer, or  
3. as a result of an abuse in relation to the designer.  
 
References in this Article to the designer apply also to his successor in title.  Act 
(2002:570).  
 
Article 4. A n obstacle to a design right exists  
 
1. if the design is contrary to  morality  or public order , 
2. if in the design has been included, without authorization, a State coat of arms, a State flag or another State emblem, a State control or guarantee warrant, another 
designation which alludes to  the Swedish State and thereby gives the design an 
official character, a Swedish municipal coat of arms or such an international 
designation which is protected under the Act (1970:498) on the Protection of Coats 
of Arms and Certain Other Official Designations, or anything that may be easily 
confused with a coat  of arms, a flag, an emblem or a desi gnation  referred to above,  
3. if the design conflict s with another design which was certainly not available to the 
public prior to the date indicated in Article 2, second P aragraph, but  was included 
in an application for r egistration in Sweden or at the European Intellectual 
Property Office and  for which a prior filing or priority date applies provided that 
this design has later been made available to the public,  
4. if the design contains, without authorization,  
a) another par ty´s trade name or trade symbol, protected in Sweden, or 
something that may  be perceived as a sign which  has been, in the course of 
commercial activities, established on the market in Sweden for another party ,  3 
b) another person’ s portrait which obviously does not refer to someone  who is 
long deceased,  
c) something that may be perceived as someone else´s family name enjoying 
specific protection or someone else´s generally known artistic name or a similar 
name, if the use of the design would c onstitute a disadvantage for the bearer the 
name and the name obviously does not refer to someone who is long deceased,  
d) something that violates someone else´s copyright in a literary or artistic work 
or someone else´s right in a photographic picture which is  protected in Sweden . 
Act (201 8:1656).  
 Article 4 a. A design right must not include such details of the appearance of a product  
 
1. which are solely dictated by the technical function of that product, or  
2. which must be reproduced in the ir exact form and dimensions so as to permit the 
product to which the design relates to be mechanically connected to , or placed in, 
around or against another product so that both product s may perform their  
function.  
 Notwithstanding what is said in the fir st Paragraph, item 2, a design right may extend to a 
design serving the purpose of allowing mutually interchangeable products to be repeatedly assemble d or be connected to each other  within a system composed of 
modules.  Act (2002:570) .  
 
Article 5. W ith the exceptions prescribed in Articles 7–7 b, the design right implies that 
no other party may exploit the design without the authorization by the holder of the design right (the design holder). The prohibition against exploitation includes  especially 
the manufacture, offering for sale, marketing, importation into and exportation from 
Sweden, or the use of any product of which the design forms part or to which it is 
applied, or to keep in stock such a product for the purposes now mentioned.  
 A design rig ht include s any other design that does not produce, on an  informed user,  an 
overall impression different from that of the registered design (scope of protection). In assessing the scope of protection of the design right , the s pace for variation available t o 
the designer in developing the  design shall be taken into consideration.  Act (2002:570).  
 
Article 6. Repealed by Act (2002:570).  
 Article 7. From the design right are excluded acts of exploitation 
 
1. that are carried out for private use and without profit -making purposes,  
2. that are carried out for experimental purposes, or  
3. that imply reproduction for the purposes of quotation or teaching, provided that such acts are compatible with fair trade practice and do not unduly prej udice the 
normal exploitation of the design and, furthermore, are carried out on condition that mention is made of the source.  Act (2002:570).  
 Article 7 a. From the design right is furthermore excluded the equipment on ships and 
aircraft s belonging to another State when these temporarily enter Sweden.  The same 
applies to importation into Sweden of spare parts and accessories for repairing of such crafts  and work for the repair of  such crafts. Act (2002:570).  
   4 
Article 7 b . The design right  does not extend to  the use of a product if it has been put 
on the market within the European Economic Area by the design holder or with his 
consent.  Act (2002:570).  
 Article 8. If a design has been included in the application for a design registration or for 
protection as a utility model in a foreign State party to the Paris Convention of March 20, 
1883, for the Protection of Industrial Property (the Paris Convention) and if an 
application for registration of the design is filed in Sweden within six months  from the 
application in the foreign State, the application in Sweden shall, for the purposes of application of Article 2, be considered as having been made at the same time as the 
application in the foreign State (the priority date). The same shall apply if the design has 
been included in such an application that has been made in a State or terr itory party to 
the Agreement Establishing the World Trade Organization (the WTO Agreement).  
 
The same priority may be enjoyed also pursuant to an application for re gistration which 
relates to any other State or any other territory if a corresponding priority pursuant to , a 
Swedish application would be granted where the earlier application has been made and if 
the legislation in force there in all essential features c orresponds to the Paris Convention.  
 
An applicant who wishes to enjoy priority shall file  a claim to this effect in the 
application for registration. The applicant shall , on that occasion,  indicate where and 
when the application referred to was made . The a pplicant shall also, as soon as this can 
be done, indicate the number of the earlier application.  Act (2002:570) . 
 
Article 8 a. The Registration Authority may invite the applicant to prove, within a 
specified time, the priority claimed by filing the following documents.  
 
1. A certificate about the name of the applicant and about  the filing date, issued by 
the Authority having received the application.  
2. A copy, certified by the same Authority, of the application document and the 
picture attached thereto showing the design.  
 The time indicated in the invitation must not expire earlier than three months from the 
filing of the application i n this country.  Act (2002:5 70) 
 Article 8 b . Priority may be granted only pursuant to the first application where the 
design has been included.  
 
If the party fil ing the first application, or its  successor in title, has filed later, at  the same 
Authority, an application relating to the same design, the later application may be invoked as a basis for priority. This applies, however, only if the earlier application has, 
when the later application is  filed,  
 
1. been withdrawn, removed from the files or rejected without having been made 
available to the public, and  
2. not given rise to any remaining right which is based on it or has constituted the basis for any right to priority.  
 Where someone has obtained a priority pursuant to a later application according to the 
second P aragraph, the earlier application may no longer be invoked as a basis for priority.  
Act (2002:570).   5 
Article 8 c. In respect of an application for a joint registr ation under Article 11, priority 
may be obtained for one or several of the designs.  
 
A priority may, in respect of such an application, be claimed from several earlier 
applications. This applies even if the earlier applications have been filed in different  
countries.  Act (2002:570).  
 Article 8 d.  If the provisions in Articles 8 –8 c are not observed, the right to priority does 
not apply.  Act (2002:570).  
 
Application for registration and its e xamination  
 Article 9. Registration Authority is the Patent and Registration Office.  
 Article 10. A party that wishes to app ly for the registration of a design shall do so in 
writing to the Registration Authority.  
 
The application shall contain indications about who created the design and about the 
product or products where  the design is intended to be applied or incorporated, and 
pictorial material showing the design. If registration is sought by a party other than the designer, the applicant shall prove its  right to the design.  party  
 If the applicant, before the publication of a design under  Article 18, files also a model, 
the model shall be deemed to show the design.  
 
In addition, the application shall meet  the requirements in  provisions issued pursuant to 
Article 49. The applicant s hall also pay  application fees and supplem entary fees  
prescribed in Article 48. Act (2002:570).  
 Article 11 . An application may include several designs if the products where the designs 
are intended to be used or incorporated belong to the same class. For the purpose of determin ing the class  to be applied, the classification under the Locarno Agreement of 
October 8, 1968,  establishing  an International Classification for Industrial Designs 
applies as Swedish law.  Act (2002:570).  
 Article 12. The Registration Authority may invite an applicant not domiciled in Sweden 
to appoint a representative for him empowered to receive communications in the case 
and having his domicile in this country, and to notify the Authority about the 
representative. If  the applicant does not comply with the invitation, communications may 
be served through the transmission of the document by mail to the applicant at his latest known address. A communication shall be deemed to have been served when this has 
been carried o ut. Act (2002:570).  
 Article 13. An application for registration shall be deemed not to have been filed until  
the applicant has filed pictorial material or a model showing the design.  
 
At the request by the applicant, the design contained in an application may be altered if  
the design after the alteration preserves its identity and meets the requirements for protection under this Act.  Act (2002:570) . 
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Article 14. The Registration Authority shall examine whether the application fulfils the 
requirements referred to in Articles 10, 11 and 13. The Registration Authority shall also 
examine whether the application relates to a d esign according to Article 1, item 1, and 
whether there is an obstacle to a design right according to Article 4, items 1 or 2.  
 
If the application does not fulfil  the requirements under the first P aragraph, the 
Registration Authority shall invite the applicant to complete or amend his application within a certain specified time. The invitation shall contain information to the applicant 
that the application may be removed from the files if he does not respond in due time. 
 
If the applicant does not , in due time , submit a statement relating to the invitation 
pursuant to the second P aragraph, the Registration Authority shall remove the 
application from the files.   
 The Registration Authority shall reins tate an application which has been removed from 
the files if the applicant, within two months from the expiry of the time indicated in the invitation, completes or amends his application and pays the prescribed reinstatement 
fee. An application may be rein stated only once. Act (2002:570).  
 Article 15. If an obstacle to the approval of the application exists even after a statement 
has been submitted and the applicant has been given an opportunity to file a statement 
concerning the obstacle, the application shall be rejected, unless there is a reason for 
issuing a new invitation to the applicant.  
 Article 16. If a party  claims, at  the Registration Authori ty, that it  has a better title to the 
design than the applicant  and the matter  doubt ful, the Authority may invite it to institute 
proceedings before a C ourt within a specified  time, failing which its claim may be 
disregarded during the continued examination of the application.  
 
If a dispute concerning a better title to the design is under consideration by a Court, the 
application for registration may be declared in suspense pending a final decision in the case. 
 Article 17.  If a party  proves, at  the Registration Authority, that it  has a better title to the 
design than the applicant, the Authority shall transfer the application to it , if it so 
requests. The p arty to wh ich the application is transferred shall pay a new application fee.  
 If a transfer is requested, the application may not be altered, removed from the files, 
rejected or accepted until the claim has been finally considered.  
 Article 1 8. If the application documents are complete and the Registration Authority has 
not, following an exami nation under  to Article 14, first P aragraph, found any obstacle 
against the registration, the design shall be recorded in the Register and a notice to that 
effect be published.  
 
Anyone who wishes to file an opposition against the registration shall do so i n writing to 
the Registration Authority within two months from the date of the publication of the notice.  
 The Registration Authority shall inform the design holder about the opposition and give 
him an opportunity to file observations,  if the opposition is  not obviously unfounded.   7 
If the  opposition is withdrawn, the opposition procedure may nevertheless be completed 
where special reasons exist.  Act (2002:570)  
 
Article 18 a. An opposition may be filed only by  
 
1. a party  that considers itself  to have a right to  the design, if the opposition is based 
on an obstacle against the design right under Article 1 a;  
2. a party that applies for , or is the holder of , the right, if the opposition is based on 
an obstacle against the design right under Article  4, items 3 or 4;  
3. a party that  is affected by the right, if the opposition is based on an obstacle against 
the design right under Article 4, item 2.  
 
In other respects , there is no limitation of  the possibilit y to file an opposition.  Act 
(2002:570)  
 
Articl e 19. If , in a case concerning the registration of a design, a document showing the 
design shall be kept secret according to what is specifically prescribed in this respect, the document may not, without the consent of the applicant, be made available until the 
period requested by him has expired or a period of six months has expired from the date 
of the filing of the application or, if  priority under Article 8, first P aragraph, has been 
claimed, from the date from which priority has been claimed. If the Registrati on 
Authority has decided to remove the application from the file, or to reject the application, before the period for secrecy has expired, the document may be made 
available only if  the applicant requests the application to be reinstated or files an appeal . 
 Article 20. Following an opposition, the Registration Authority shall revoke, wholly or in 
part, a registration if  an obstacle against registration existed under Articles 1 –4 a and the 
obstacle still exists , or if  the registration has been made  in contr avention of Article 13, 
second P aragraph.  
 
The Registration Authority shall reject the opposition where no obstacle exists against 
the design right.  
 A registration may be revoked in part only if the design holder so requests or consent s to 
a request to that effect and the design in its amended form maintains its identity and fulfils the requirements for protection under this Act.  
 When the decision by the Registration Authority concerning an opposition has taken 
legal force, a no tice to that effect shall be published. If the decision implies that the 
registration is revoked  wholly or in part, this fact shall be recorded in the Register.  Act 
(2002:570) . 
 Article 21 . The applicant may  appeal a final decision by the Registration Authority in a 
matter relating to an application for registration of a design. Any final decision relating to an opposition against a registration may be appealed by the design holder and the 
opponent . 
 The applicant may appeal  a decision whereby a request for reinstatement under Article 
14, fourth P aragraph, has been rejected or a request for transfer under Article 17 has 
been approved. A party that has filed a request for  transfer may appeal a decision 
rejecting the request.  Act (20 16:194) .  8 
Article 22.  A final decision by the Registration Authority may  be appealed to the Patent 
and Market Court  within two months from the date of the decision. Act (201 6:194).  
 
Article 23.  Repealed by Act (2002:570).  
 Duration  of a d esign r egistration  
 Article 24. The registration of a design is valid for one or more periods of five years, 
computed from the date of filing of the application for registration. A registration valid 
for a period shorter than twenty -five years may be renewed, upon request, for additional  
periods of five years up to a total period of twenty -five years. Each such period shall be 
computed from the e xpiry  of the preceding period.  
 As regards a design relat ing to a part intended for the repair of a com posite  product so 
that it gets back its or iginal look, the registration never lasts for more than,  at most , three 
five-year periods.  Act (2002:570).  
 Article 25. A n application for renewal of a registration shall be filed at the Registration 
Authority not earlier than one year  before, and not later than six months  after, the expiry 
of the current registration period. Within the same period, the renewal fees and the 
additional fees prescribed in Article 48 shall be paid, failing which the application shall be 
rejected.  
 A notice  of renewal of a registration shall be published.  
 Licenses, assignments etc.  
 Article 26. If the design holder has granted someone else a  right to exploit the design 
(license), the licensee may transfer his right further only if there is an agreement to t hat 
effect.  
 If the license forms part of a business activity, it may, however, be transferred together 
with the activity, unless there is an agreement to the contrary. In such a case, the 
transferor remains liable for the fulfilment of the license agreeme nt. Act (2002:570).  
 Article 27. If a design right has been transferred to another party  or a license has been 
granted or transferred, an entry to this effect shall, upon request and against the payment of the prescribed fee, be made in the Design Register . If it is proved that a license 
recorded in the Register has expired, the entry shall be removed.  
 
The first P aragraph shall also apply in relation to a right referred to in Article 32, second 
Paragraph.  
 
If a joint registration has been made , a transfer of the design right may  be recorded only 
with reference to all the designs.  
 
In cases and matters relating to a design right, the p arty last recorded in the Design 
Register in this capacity  shall be deemed to be the design holder . Act (2002:570). 
 
Article 28.  Repealed by Act (2002:570).  
  9 
Article 29.  Repealed by Act (2002:570).  
 
Article 30.  Repealed by Act (2002: 570).  
 Termination of a registration , etc.  
 Article 31 ., Following a  claim , the C ourt shall revoke, wholly or in part, a registration of 
a design where an obstacle against a design right existed under Articles 1 –4 a and the 
obstacle still remains, or if  the registration was  made  in contravention of Article 13, 
second P aragraph.  
 
A registration may, however, be revoked in part only if  the design holder so claims or 
consents to a claim in this respect and the design in its amended form maintains its identity and fulfils the requirements for protection under this Act.  
 The registration must not be revoked on the ground that the p arty obtaining  the 
registration was entitled only to a part of the design right.  
 
When the judg ment has obtained legal force, it shall be transmitted to the Registration 
Authority for recording in the Design Register.  Act (20 12:447).  
 
Article 31 a. A n action for the revocation  of a registration may be filed only by  
 
1. a party conside ring itself  entitled to the design, if the action  is based on the 
existence of an  obstacle against the design right under Article 1 a;  
2. a party that applies for, or is the holder of, the right, if the action  is based on the 
existence of an obstacle against the design right under Article 4, items 3 or 4;  
3. a party affected by the right, if the action is based on the existence of an obstacle 
against the registration under Article 4, item 2.  
 
In all other cases an action may be brought by any  party suffering  a prejudice  because of 
the registration.  
 
An action based on any of the provisions in Article 4, items 1 or 2, may be brought also 
by a Public Authority designated by the Government.  
 
An action referred to in the first P aragraph, item 1 . shall be brought within one year from 
the point in time when the plaintiff obtained knowledge about the registration and the other circumstances on which the action is based. If  the design holder was in good faith 
when the design was registered or when the design right was transferred to him, an action may not be brought later than three years from the registration.  Act (2002:570).  
 Article 31 b . The C ourt may declare invalid a  design right also after it has been 
terminated or has been surrendered.  
 
In res pect of such an action, the provisions of Article 31 a apply . Act (20 16:194). 
 Article 32. If a design has been registered for a p arty other than the one entitled to it 
under Article 1 a, the Court shall, following a n action by the party entitled to it, transfer 
the registration to it . Any action in this respect shall be brought within the time  
prescribed in Article 31 a, fourth P aragraph.   10 
If a p arty that has been deprived of a registration of a design, commenced, in good faith, 
the exploi tation of the design in business activities in this country, or under took 
significant measures in this respect, it  may, against the payment of an equitable 
remuneration and on other reasonable conditions, continue the exploitation started or 
commence the i ntended exploitation while maintaining its essential features. The same 
right shall, under the corresponding conditions, be granted to any licensee recorded in 
the Register.  
 A right prescribed in the second P aragraph may be transferred to another p arty only 
together with the business activity in which it is  exploited or where the exploitation was 
intended to take place.  Act (2002:570).  
 Article 33. If the design holder renounces, in writing to the Registration Authority, his 
right to  the design, the Author ity shall remove the design from the Register.  
 If the design right is distrained, se questered or impounded,  or if a dispute concerning the 
transfer of a registration is pending, the design may not, upon request by the holder of 
the design, be removed from the Register as long as the execution, sequestr ation or 
impound still exists, or the dispute has not been f inally decided. Act (1981:817). 
 
Obligation to furnish i nformation  
 Article 34. If a party ha ving a pplied for the registration of a design invokes the 
application against someone else  before a ny document showing the design has been 
made publicly available, is  it obliged to give its  consent to the making available of the 
document to that other party.  
 
A party which directly in relation to another party , in an advertisement or through a 
notice on a product or its packaging or in any other manner indicates tha t the registration 
of a design has been applied for , or approved, without at the same time informing about 
the number of the application or the registration, is  obliged to furnish information in this 
respect  upon request and without delay . If it is not exp licitly indicated that a registration 
has been applied for, or approved, but  what occur s gives the impression that such is the 
case, information shall, upon request and without delay, be furnished concerning whether 
a registration has been applied for or a pproved. Act (2002:570).  
 Liability and d amages, etc.  
 
Article 35. Anyone who,  commits  an act which infringes a design right (design 
infringement) , if the act  is committed intentionally or by  gross negligence,  is punishable 
for d esign right violation with a fine  or imprisonment for up to two years.  
 
If the violation was committed intentionally and is considered serious , the person is 
punishable  for serious  design right violation  with  imprisonment for a minimum of six 
months up to a maximum of six years. When assessing whether the violation is serious , 
particular consideration has to be given to whether the act concerned  
 
1. has been preceded by particular  planning,  
2. was part of criminal activities conducted in an organ ised form,  
3. was conducted on a large scale, or  
4. was otherwise of a particularly dangerous nature.   11 
Anyone who has violated an injunction issued with a penalty of a fine under Article 35  b, 
must not be held liable for infringement s covered by the injunction.  
 
Responsibility is assigned under Chapter 23 o f the Criminal Code for attempting to  
commit  or preparation of  design right violation or serious  design right violation.  
 
A prosecutor may initiate a prosecution for violations referred to in this Article only if the 
prosecution is motivated for being  in the public interest. Act ( 2020:542).  
 
Article 35 a.  Property in re spect of which a criminal violation exists under Article 35 
shall be declared f orfeit , if this is not considered obviously unreasonable. Instead of the 
property itself, its  value may be declared forfeit . Also profits from such a criminal 
violation shall be declared forfeit , if this not obviously unreasonable. The same applies to 
what someone has received as compensation for costs related to such a  criminal 
violation, or the value of what has been received, where  the act of receiving  constitutes a 
criminal violation pursuant t o Article 35.  
 Property used as a  tool in connection with a criminal violation under Article 35  may be 
declared forfeit , if this is needed in order to prevent criminal violations or if  there are 
otherwise special reasons. The same applies to property inten ded to be used as a  tool in a 
criminal violation under Article 35, where the violation has been c ompleted , or has 
constituted a punishable attempt or a punishable preparation. Instead of the property 
itself, its value may be declared forfeit.  Act (2005:291).  
 Article 3 5 b. Upon a claim  by the design holder or by a party that, pursuant to a license, has 
the right to exploit the design, the C ourt may issue an injunction with a penalty of a fine, 
prohibiting a party that commits, or contributes to, a design infringement to continue that 
act. 
 
If the plaintiff shows a probable cause that an infringement, or a contribution thereto, takes 
place, and if it can reasonably be expected that the defendant, through the continuation of 
the infringement, or the c ontribution thereto, diminishes the value of the exclusive right in 
the design, the Court may issue an injunction, with a penalty of a fine, for the time until the 
case has been finally adjudicated or otherwise has been decided. No injunction may be 
issued  before the defendant has been given an opportunity to respond unless a delay would 
entail a risk for damage.  
 The provisions in the first and second Paragraphs apply also in respect of acts constituting 
attempts, and preparatory acts, relating to infringe ments.  
 
An injunction mentioned in the second P aragraph may be issued only if the plaintiff 
deposits a security at the Court for the damage that may be caused to the defendant. If the 
plaintiff is not capable of depositing such a security, the Court may li berate him or her from 
it. In respect of the type of security, the provisions of Chapter 2, Article 25, of the 
Enforcem ent Code apply. The security shall be examined by the Court unless the defendant 
has accepted it.  
 
When the case is adjudicated, the Court shall consider  whether an injunction issued under 
the second Paragraph shall continue to apply.  
  12 
As regards appeals against decisions under the second or fourth Paragraph and as regards 
the proceedings in higher Courts, the provisions on appeal against decisions in Chapter 15 
of the Code of Judicial Procedure  apply.  
An action for the imposition of a fine may be brought by the party requesting the 
injunction.  Act (2 016:194). 
 
Article 35 c. If the applicant shows a probable cause that someone has committed a 
design infringement, the Court may  order , with a penalty of a fine, one or more of the 
parties referred to in the second P aragraph to provide information to the applicant about  
the origin of, and distribution networks for , the goods or services in respect of which the 
infringement has been committed (order to provide infor mation).  Such an order may be issued 
upon a claim by the design holder or by a party that, pursuant to a license, has the right 
to exploit the design. Such an order may be issued only if it can be assumed that the 
information would facilitate the inquiry i nto an infringement relating to the goods or 
services.  
 
The obligation to provide information applies to any party that  
 
1. has committed, or contributed to, the infringement,  
2. has on a commercial scale exploit ed the goods that the infringement concerns,  
3. has on a commercial scale exploit ed the service that the infringement concerns,  
4. has on a commercial scale made available an electronic communication service or another service used for the infringement, or  
5. has been i dentified by a party referred to in items 2 –4 as being involved in the 
production or distribution of the goods or the making available of the service that 
the infringement concerns.  
 The information on the origin of, or distribution network  for, goods  or services may 
include , in particular  
 
1. the names and addresses of producers, distributors, suppliers and others who have previously held the goods or made available the services,  
2. the names and addresses of intended wholesalers and retailers , 
3. informatio n about  how much has been produced, delivered, received or ordered 
and the price fixed  for the goods or services.  
 
The provisions in the first to third P aragraphs also apply to acts constituting attempts, 
and to preparatory acts, relating to infringements.  Act (2009:112) .  
 
Article 35 d. An order to provide information may be issued only if the reasons speaking 
in favour of the measure  outbalance  the inconvenience or other harm caused by the 
measure to the party against which it is directed or to any other opposite interest.  
 
The obligation to provide information pursuant to Article 35 c does not include 
information the revelation of which would disclose that the provider of the information 
or any person closely related to him or her  as referred to in Chapter 36, Article 3, of the 
Code of Judicial Procedure has committed a criminal offence.  
 
The Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 
April 2016 on the protection of natural persons with regard to t he processing of persona l 
data and on the free movement of such data and repealing Directive 95/46/EC (General  13 
Data Protection Regulation) contains provisions limiting the use than can be made of 
personal data received. Act ( 2018:274).  
 Article 35 e. If a claim for an order to provide information is directed against the  party 
that is the applicant´s opposite party in an infringement case, the provisions applicable to  
the co urt proceedings for that case apply. A d ecision on an order to provide information 
may be appealed separately.  
 
If the claim  for an order to provide information is directed against a party other than the 
one referred to in the first  Paragraph, the provisions in the Act (1996:242) on Court 
Matters shall apply. The Court may decide that each party shall bear its own litigation 
costs.  
 
An action for the imposition of a fine may be brought by the party appl ying for the 
order.  Act (20 16:194) . 
 
Article 35 f. Anyone who has, pursuant to the provisions in Article 35 c, second 
Paragraph, items 2 to 5, been ordered to provide information pursuant to the first 
Paragraph of the same Article, is entitled t o a reasonable compensation for costs and 
inconvenience caused. The compensation shal l be paid by the party appl ying for the 
order  to provide information.  
 
Anyone  who makes available an electronic information service and who has, pursuant to 
an order to provide information, delivered information referred to in Chapter 6, Article 20, of the Act (2003:389) on Electronic Communication, shall send a written notice 
about this fact to the p arty to which the information relates  not earlier than one month 
and not later than three months from the delivery of the information. Costs for the notice shall be compensated in accordance with the firs t Paragraph.  Act (2009:112). 
 Article 35 g. In addition to what is provided in Chapter 8, Articles 8 and 9 of the Act 
(2018:218) with A ddition al Provisions to the EU General Data Protection Regulation, 
personal data on violations of the law constituting criminal offences pursuant to Article 35 may be  processed if this is necessary in order for a legal claim to be established, 
asserted or defended . Act (20 18:274).  
 
Article 35 h. Upon a claim  by the plaintiff, the C ourt may, in infringement cases , order 
the party that has committed, or contributed to, the infringement to defray  appropriate 
measures to dissemi nate information about the judg ment in the case.  
 The provisions in the first P aragraph also apply to acts constituting attempts, and 
preparatory acts, related to infringements.  Act (2009:112) . 
 
Article 36. Anyone who wilfully or by  negligence commits a design infringement shall 
pay a reasonable compensation for the exploitation of the design and compensation for the further damage caused by  the infringement . When the amount of the compensation 
for further damage is established, special consideration shall be given to  
 
1. lost profits,  
2. profit made by the party  committ ing the infringement,  
3. damage caused to the reputation of the design,  
4. moral damage, and   14 
5. the interest of the holder of the design in that infringements are not committed.  
Anyone who without intent or negligence commits a design infringement shall pay a 
compensation for the exploitation of the design to the extent reasonable.  
 The right to compensation for a design infringement will be statute -barred if no action is 
brought within five years from the point in time when the damage occurred . Act 
(2018:1656 ). 
 Article 37.  Upon a claim  by a party suffer ing a design infringement, the Court may, to the 
extent reasonable , decide that a product  manufactured in, or imported into, Sweden, in 
violation of the design right of another party shall be recalled from the market , be altered or 
be taken into custody for the remainder of the term of protection, or destroyed or that some other measure shall be taken in respect of it. The same applies to implements that 
have been, or have been intended to be, used for  the infringement.  
 
Property referred to in the first P aragraph may be seized, where it can reasonably be 
assumed that a criminal violation pursu ant to Article 35 has been committed. The 
provisions on seizure in criminal cases in general shall apply to such seizures.  
 Notwithstanding the provisions in the first P aragraph, the C ourt may, where there are 
extraordinary reasons, upon a claim , decide that the owner of the property referred to in the 
first Paragraph may h ave disposal of the property for the remainder of the term of 
protection, or part of it, against a reasonable compensation and on other reasonable conditions. Such a decision may be issue d only if the owner  has acted in good faith.  
 
The provisions of the first to third P aragraphs also apply to acts constituting attempts, and 
to preparatory acts, relating to infringements.  
 
A decision on a measure pursuant to this Article must not imply th at the party suffering  a 
design infringement should pay a compensation to the party against which the measure is 
directed.  
 Any measure pursuant to the first P aragraph shall be defrayed by the defendant unless there 
are specific reasons against it.  
 
A decision referred to in this Article shall not be issued , if forfeiture or some other measure 
for the prevention of wrongful acts shall be decided pursuant to Article 35  or the Criminal 
Code.  Act (2009:112) . 
 Article 37 a.  If it can reasonably be presume d that someone has committed, or contributed 
to, an infringement, the Court may, for the purpose of preserving evidence relating to the 
infringement, order that an investigation be undertaken i n respect of that party  to search for 
objects or documents that  may be assumed to be of importance for the inquiry into the 
infringement (infringement investigation).  
 An order for an infringement investigation may be issued only if the reasons speaking in 
favour of the measure out balance  the inconvenience or other harm that the measure would 
cause to the party against which it is directed or to any other opposite interest.  
 The provisions in the first and second Paragraphs apply also to acts constituting attempts, 
and to preparatory acts,  relating to an infringement.  Act (2009:112).   15 
Article 37 b .  A matter  relating to an infringement investigation may be taken up for 
consideration only upon a claim  by the holder of the design or by a party that, pursuant to a 
license, has a right to exploi t the design. Where legal proceedings have not yet been initiated, 
the claim  shall be submitted in writing.  
 
The opposite party shall be given an opportunity to respond before an order for an 
investigation is issued. If a delay would entail a risk that obj ects or documents of importance 
for the inquiry into the infringement would be removed, destroyed or distorted, the Court 
may, however, immediately issue an order to be valid until otherwise decided.  
 In other respects, any issue relating to an infringemen t investigation which arises before 
legal proceedings have been initiated shall be processed in the same way as if the issue had arisen during a legal proceeding.  Act (20 16:194 ). 
 Article 37 c. An order for an infringement investigation may be issued  only if the applicant 
posts a security at the Court for the damage which may be caused to the opposite party. If  
the applicant is not able to post such a security, the Court may liberate the applican t from it. 
In respect of  the type of security, the provisions of Chapter 2, Article 25, of the 
Enforcement Code shall apply. The security shall be examined by the Court unless the 
opposite party has a ccepted it.  
 
In respect of appeals against the decision by the Court relating to an infringement 
investigation and in respect of the proceedings in higher C ourts, the provisions concerning 
appeal against decisions prescribed in Chapter 15 of the Code of Judicial Procedure apply.  
Act (1998:1457).  
 
Article 37 d.  An order for an infringement investigation shall include information about  
1. the purpose of the investigation,  
2. the objects and documents that may be searched for, and  
3. which premises may be searched.  
 If necessary, the C ourt shall also prescribe  other conditions for the execution of the order.  
Act (1998:1457).  
 
Article 37 e. An order for an infringement investigation is immediately enforceable. If an 
application for its execution has not been filed within one month from the order, the order becomes invalid.  
 Where the applicant does not, within one month from the conclusion of the execution, file 
an action or initiate in some other manner a proceeding relating to the issue, any measure undertaken at the execution of the infringement investigation shall be invalidated to the 
extent possible. The same applies if an order for an infringement investigation is invalidated 
after the execution has been concluded.  Act (1998:1457) . 
 Article 37 f. An order for  an infringement investigation is executed by the Local 
Enforcement Authority in accordance with the conditions prescribed by the Court and in 
applying Chapters 1 –3, Chapter 17, Articles 1– 5, and Chapter 18, of the Enforcement Code. 
The applicant´s opposit e party shall be informed about the execution only if the order for 
an infringement investigation has been issued after hearing the opposite party. The 
Authority has the right to take photographs and to make video and sound recordings of  16 
such objects for w hich it is authorised to search. The Authority also has the right to make 
copies of, and extracts from, such documents for which it is authorised to search.  
 
An infringement investigation must not concern written documents referred to in Chapter 
27, Articl e 2, of the Code of Judicial Procedure.  Act (2006:685).  
 Article 37 g. The opposite party is entitled to  summon an attorney when an order for an 
infringement investigation is to be executed. The execution must not begin before the attorney has arrived. This does, however, not apply if  
1. the investigation is thereby unnecessarily delayed, or  
2. there is otherwise a risk that the purpose of the measure will not be achieved.  
 At the execution the Enforcement Authority is entitled to engage, if necessary, the services 
of an expert.  
 
The Authority may permit the applicant or a representative of the applicant to attend the 
investigation in order to provide information. If such a permission is granted, the Authority 
shall see to it that the applicant or  the representative is not  informed about the findings at 
the investigation more than can be justified by the execution.  Act (2006:685).  
 
Article 37 h. Photographs and video and sound recordings of objects as well as copies of, 
and extracts from, documents from the i nfringement investigation  shall be listed and be  
held available for the applicant and the opposite party.  Act (1998:1457).  
 Article 38. If anyone exploits, in violation of Article 5, a design included in an 
application for registration after a document showing the design has been made publicly 
available, the provisions on design infringement shall apply accordingly to the extent that the a pplication results in a registration. No criminal penalty m ust be adjudicated, no 
forfeiture be imposed,  and compensation for  damage   
related to an exploitation before a notice of the registration was published under  Article 
18 may be decided under  Article  36, second Paragraph.  
 
The provisions in Article 36, third P aragraph, do not apply if the action for 
compensation was brought no later than one year after the registration of the  design.  Act 
(2005:291).  
 Article 39. If the registration of a design has been revoked or the design right has been 
declared null and void through a decision or a judg ment having legal force, the C ourt 
must not adjudicate any sanctions or decide other measures under Articles 35 - 38. 
 
If an action is brought for a design infringement and the p arty against wh ich the action is 
brought claims that the registration be revoked, the Court shall, upon a claim  by that 
party , order the proceedings to be stayed pending a final decision on the question of 
revocation of the registration.  If no action in this respect has been brought, the C ourt 
shall, in connection with the staying order , invite him  to bring such an action within a 
specified  time . Act (2002:570). 
 
Article 40.  A fine shall be imposed on any p arty that wilfully or by  negligence that is not 
insignificant  
 
1. does not meet its  obligations under Article 34,   17 
2. in cases prescribed in that Article provides incorrect information, if a penal 
sanction is not provided for in the Criminal Code . 
 Anyone who wilfully or by  negligence d oes not meet his obligation or commits an act 
referred to in the first P aragraph, shall pay a compensation for any damage caused. If the 
negligence is insignificant , the compensation may be adjusted.  
 A public criminal prosecution for a violation referred to in the first P aragraph may be 
initiated  only if there is a complaint from the injured party and such prosecution is , for 
specific reasons, called for in the public interest.  
 Provisions on p roceedings  
 Article 41. A design holder or a party that has, pursuant to a license, the right to exploit 
the design, may bring an action for a declaratory judgment to resolve the question 
whether he enjoys, pursuant to the registration, protection against  another party , if an 
uncertainty exists in this respect and th at uncertainty causes prejudice to him . 
 
Under the same conditions, a party that is engaged in, or intends to engage in, a n activity 
may bring an action for a declaratory judgment against the design holder to re solve the 
issue whether an obstacle to the activity would exist due to a certain design registration.  
 If it is claimed, in a case referred to in the first P aragraph , that the design registration be 
revoked , the provisions of Article 39, second Paragraph, apply accordingly  
 
Article 42. A  party that wishes to bring an action for the revocation of a design 
registration or for the transfer of a registration, shall notify this fact to the Registration Authority and inform anyone who, according to the Design Register, holds a license for 
the exploitation of that design. A licensee who wishes to bring an action for design 
infringement or for a declaratory judgment referred to in Article 41, first P aragraph, shall 
inform the design holder about this fact.  
 
The obligation to notify under the first P aragraph s hall be considered to have been 
fulfilled  when a notice has been sent in registered, pre -paid letter to the address recorded 
in the Design Register.  
 If it is not shown, at the time when the action is brought, that a notification or a notice 
has been furni shed according to the first P aragraph, the plaintiff shall be given sufficient 
time for this purpose. If he forfeits  his time, his action shall not be admissible.  Act (2002: 
570). 
 
Article 43. The Patent and Market Court is the competent Court in 
 
1. cases an d matters pursuant to this Act if they are not to be processed under the 
Act (1974:371) on the Proceedings in  Labour D isputes and  
2. cases referred to in Article 81 in  Council Regulation (EC) No 6/2002 on the 
Community Design.  
 The provisions in  the Code of Judicial Procedure on limitation of the competence of a 
Court in disputes which shall be taken up otherwise than before a Court shall not apply  18 
to a claim for an orde r to provide information or an order for an infringement 
investigation. Act (2016:194).  
 
Article 44. Copies of judgments or final decisions in cases referred to in Articles 16, 3 1–
32, 35–38 or 41, shall be transmitted to the Registration Authority.  Act (2002:570). 
 
Article 45.  A design holder who does not have his domicile in Sweden shall have a 
representative with residen ce here who is empowered to receive for him, serving of 
summons , notifications  and other document s relating to court cases and other matters 
concerning the de sign right, with the exception, however, of  serving of summons in 
criminal cases and invitations to  a party to appear personally in the C ourt. The 
representative shall be notified to the Design Register and recorded there.  
 
If a design holder has not notif ied a representative in accord ance with  the first P aragra ph, 
a serving may instead be carried out  by the transmission of the document in a pre -paid 
letter to the address last recorded in the Design Register. If  a complete address is not 
recorded in the Reg ister, the s erving may, instead, be  carried out by  making the 
document available at the Registration Authority and by entering a notice about this fact 
and about the essential contents of the document in a publication decided by the Government. A s erving shall be deemed to have been performed when the actions now 
mentioned have been carried out. Act (1977:702).  
 
Article 46.  The Government may, on condition of reciprocity, prescribe that the 
provisions in  Article 12 or Article 45 shall not apply in r elation to an applicant or a 
design holder who is domiciled in a certain foreign State or who has a representative 
domiciled there wh o has been notified to the Registration Authority in this country and 
who is empowered as prescribed in those Articles. Act (1977:731).  
 
Article 47.  Repealed by Act (2016:194).  
 Article 48.  In matters concerning the registration of a design or  concerning the renewal 
of the registration of a design the applicant shall pay an application fee or a renewal fee and, where applicable, the following additional fees, namely a class fee for each class of 
goods in addition to the first one, a joint registration fee for each design in addition to 
the first one, a storage fee for the storage of a model and a publication fee for the 
publication of a notice about a  picture  in addition to the first one. A renewal fee paid 
after the expiry of a current registration period shall be paid in  an increased amount.  
 
Article 49. The Government determines the fees under this Act .  
 Further pro visions on the application of this Act are  issued by the Government or, as 
decided by the Government, by the Registration Authority. Act ( 1977:731).   
 
Community designs  
 Article 50. A  party  filing an application for registration of a Community design to the 
Registration Authority for forwarding under  Article 35.2  of Council Regulation (EC) No 
6/2002 on Community designs, shall pay a fee in  an amount determined by the 
Government. The same applies wh en a party  request s a certificate under  Article 78.5 of 
the Council Regulation. Act (2004:1154).   19 
Article 51.  In respect of an infringement of a Community design the provisions  of 
Article 35 on liability for  design infringement apply. In addition, Articles 35 a –37 h apply  
unless otherwise follows from Council Regulation (EC) No 6/2002 on Community 
designs. In such cases the provisions on design infringement apply to infringements of 
Community designs. Act (2004:1154).  
 Article 52.  Repealed by Act (2016:194).  
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