WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO 
IP/N/1/FIN/D/5 
16 February 2012 
 (12-0882) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
  
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
FINLAND 
  The present document reproduces the text
1 of the Registered Designs Act, as notified by 
Finland on 10 February 2011 under Article 63.2 of the Agreement (see document IP/N/1/FIN/3). 
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
  
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
FINLANDE 
  Le présent document contient le texte
1 de la Loi sur les dessins et modèles enregistrés, 
notifiée par la Finlande le 10 février 2011 au titre de l'article 63:2 de l'Accord (voir le 
document IP/N/1/FIN/3).  
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
  
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
FINLANDIA 
  En el presente documento se reproduce el texto
1 de la Ley de Dibujos y Modelos Registrados, 
notificada por Finlandia el 10 de febrero de 2011 en  virtud del párrafo 2 de l artículo 63 del Acuerdo 
(véase el documento IP/N/1/FIN/3). 
                                                      
1 In English only./En anglais seulement./En inglés solamente.   
   IP/N/1/FIN/D/5 
 Page 3 
 
 
   
    
 
    
 
  
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS 
AND REGULATIONS 
(in English) 
   
Unofficial translations 
 
 
  
INDUSTRIAL DESIGNS 
   
   IP/N/1/FIN/D/5 
 Page 5 
 
 
  REGISTERED DESIGNS ACT 
 (Unofficial translation) 
 
(Act No. 221 of March 12, 1971, as last amende d by Acts Nos. 802 of May 10, 1991, 578 of 
June 26, 1992, 1035 of November 13, 1992, 1411 of December 18, 1992, 718 of April 21, 1995, 596 
of July 12, 2002, 1215 of December 20, 2002 and 685 of July 21, 2006)  
Chapter I. General Provisions 
 
Section 1 Anyone who has created a design or his or her su ccessor in title may through registration obtain the 
exclusive right to the design (the right to  a design) in accordance with this Act. 
 
Section 1 a 
In this Act: 
1) 'design' means the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture or materials of the product itself or its ornamentation;  2) 'product' means any industrial or handicraft ite m, including parts intended to be assembled into a 
complex product, and packaging, get-up, graphic symbols and typographic typefaces; 
 3) 'complex product' means a product which is composed of multiple components which can be 
replaced permitting disassembly and re-assembly of the product.  
Computer programs are not considered to be pro ducts within the meaning of subsection 1(2) above. 
 
Section 2 
A design shall be protected by a design right if it is new and has individual character.  
 A design shall be considered new if no identical d esign has been made available to the public before 
the date of filing of the application for registration or, if priority is claimed, the date of priority. 
Designs shall be deemed to be identical if their features differ only in immaterial details. 
 A design shall be considered to have individual character if the overall impression it produces on the 
informed user differs from the overall impression pr oduced on such a user by any design which has 
been made available before the date of filing of the application for registration or, if priority is 
claimed, the date of priority. In assessing individual character, the de gree of freedom of the designer 
in developing the design shall be taken into consideration. 
 The design of a product which constitutes a component part of a complex product shall only be considered to be new and to have individual character: 
 
1) if the component part remains visible during normal use of the product; and  2) if the visible features of the component part fulfil in themselves the requirements as to novelty and 
individual character. 
 
'Normal use' within the meaning of subsection 4(1)  above shall not include maintenance, servicing or 
repair work.  IP/N/1/FIN/D/5 
Page 6  
 
  Section 3 
A design shall be deemed to have b een made available to the public: 
1) if it has been published in the registration procedure or otherwise; or  2) if it has been exhibited or used in trade or it has otherwise become known. 
 
A design has not, however, become available to the pub lic if the events referred to in subsection 1 
could not reasonably have become known in the norma l course of business to the circles specialized 
in the sector concerned, operating within the Euro pean Union, before the date of filing of the 
application for registration or, if priori ty is claimed, the date of priority. 
 
The design shall not, however, be deemed to have b ecome available to the public for the sole reason 
that it has been disclosed to a third person under conditions of confidentiality.  
Section 3 a 
A design shall not be deemed to have become avai lable to the public in the manner referred to in 
Section 2 if the design for which protection is clai med has during the 12-month period before the date 
of filing the registration application or, if priority is  claimed, the date of priority, been made available 
to the public: 1) by the designer or a third person as a result of information provided or acti on taken by the designer; 
or 
 
2) as a consequence of an abuse in relation to the designer.  The provisions of subsection 1 relating to the creator of a design shall also apply to his successor in 
title. 
 
Section 4 
A design shall not be registered: 
1) if it is contrary to pu blic policy or to accepted principles of morality; or 
 2) if it is identical with a prior design which has b een made available to the public after the date of 
filing of the application or, if priority is claimed,  the date of priority and which is protected from a 
date prior to the said date by a design registered for Finland or by an application for such right. 
 
Section 4 a 
A design shall not be registered, if it without the proper permission includes: 1) the coat of arms, flag or other emblem or th e designation or abbreviation of the designation of a 
state, municipality or an international intergovern mental organization, or a figure, designation or 
abbreviation of a designation that may be conf used with such emblem, sign, designation or 
abbreviation of a designation;  2) an official mark or stamp of inspection or gua rantee for the same or similar articles as those for 
which the design is intended; 
 3) anything that may be understood to be another pe rson's trade name or a trade symbol or trademark 
established for another in Finland or the surname,  pseudonym or similar name or the portrait of 
another, unless the name or portrait manif estly refers to a person long since deceased;  
 
4) anything that may be interpreted as the title of another person's protected literary or artistic work, 
provided such title is distinctive, or anything which infringes another's copyright to such a work or his 
right to a photographic illustration;   IP/N/1/FIN/D/5 
 Page 7 
 
 
  5) anything that does not substantially differ from a design or utility model registered in Finland in the 
name of another person;  
Section 4 b 
A design right shall not subsist in features of appearance of a product 1) which are solely dictated by its technical function; or 
 2) which must be reproduced in their exact form and dimensions in order to permit the product in 
which the design is incorporated to be mechani cally connected to or placed in, around or against 
another product so that either product may perform its function. 
 
Notwithstanding subsection 1(2), a design right sha ll subsist in a design serving the purpose of 
allowing multiple assembly or connection of mutu ally interchangeable products within a modular 
system.   Section 5 
The scope of the protection conferred by a design shall include any design which does not produce on 
the informed user a different overall impression. In assessing the scope of protection, the degree of freedom of the designer in developing his design shall be taken into consideration. 
 
Section 5 a 
Subject to the exceptions stated below, the right to a design shall imply that no person other than the 
owner of the design right is entitled to use the de sign without his consent. The uses shall cover, 
among other things, the making, offering, putting  on the market, using, importing, exporting or 
stocking for these purposes of a product which ma tches the design or in which the design is 
incorporated. 
 
Section 5 b 
The rights conferred by a design right do not cover: 
1) private use of the design for non-commercial purposes;  2) use of the design for experimental purposes; nor 
 
3) acts of reproduction for the purposes of making citations or of teaching, provided that such acts are compatible with fair trade practice and do not undul y prejudice the normal exploitation of the design, 
and that mention is made of the source.   
Neither do the rights conferred by a design right cove r the equipment on ships and aircraft registered 
in another country when these temporarily enter into the country, the importation into the country of spare parts and accessories for the purpose of repairin g such craft, nor the execution of repairs on such 
craft.   
Section 5 c 
A design right does not give its holder the right to deny the use of a product protected by the design 
right if the product has been put on the market w ithin the European Economic Area by the owner of 
the design right or with his consent.  
Section 6 
Any person who, at the time the application for regi stration is made, has in the course of trade been 
using a design in this country, may notwithstanding another's right to the design continue such use 
while retaining its general character, provided that  such use did not entail a manifest abuse with 
respect to the applicant for registration or to his predecessor in title. Under similar conditions, any IP/N/1/FIN/D/5 
Page 8  
 
  person who has taken substantial steps to use the d esign in the course of trade in this country shall 
have the same right of use.  The right defined in subsection (1) can only be transf erred to other parties together with the business 
in which it has arisen or in which the design was to be used. 
 
Section 7 
Deleted (596/02) 
 
Section 8 
Any application filed in Finland shall be deemed, fo r the purposes of Section 2 and 6, to have been 
filed at the same time as the application in anothe r country, if the design has been the subject of an 
application for registration of a design or for prot ection as a utility model which has been filed in a 
country party to the Paris Convention for the Pr otection of Industrial Property (Finnish Treaty 
Series 43/1975) or the Treaty Establishing the World Trade Organization (Finnish Treaty 
Series 5/1995). 
 Registration in Finland shall be applied for within a period of six months from the date of filing of the 
application for registration in the Contra cting State referred to in subsection 1. 
 The provisions of subsections 1 and 2 shall also apply to an application which has been filed 
elsewhere and in respect of which the registering au thority finds special reasons to equate it with an 
application filed in a Contracting State.  In order to enjoy priority in accord ance with the provisions of subsection 1, the applicant shall request 
it in an application filed in this country, stating where and when the application referred to was made; 
he must also state, as soon as possible, the number of the application referred to. 
 
Chapter II. The Application for Re gistration and Processing Thereof 
 Section 9 
The registering authority shall be the Na tional Board of Patents and Registration. 
 
Section 10 
Applications for registration of designs shall be  made in writing to the registering authority. 
 The application shall mention the creator of the desi gn. Where the applicant is not the creator, he shall 
produce evidence of his right to the design. In addition the application shall specify the product or 
products to which the application relates.  A representation of the design shall be attached to  the application document. Where the applicant, 
before the application is published in accordance wi th the provisions of Section 18, also deposits a 
specimen, the specimen shall be deemed to disclose the design. 
 
Section 10 a 
An application for registration of a design shall not  be deemed to have been made until the applicant 
has deposited a representation of the design or a speci men thereof with the registering authority and 
paid the filing fee.  
 
Further provisions on payment of additional fees relating to the application shall be given by 
government decree.   IP/N/1/FIN/D/5 
 Page 9 
 
 
  Section 11 
An application may include more than one design where the products stated in the registration 
application according to the classification establis hed by the Locarno Agreement Establishing an 
International Classification for Industrial Designs (Finnish Treaty Series 22/1972) fall in the same 
class.  
 
Section 12 
An applicant who is not domiciled in Finland shall have an agent resident in this country who is 
empowered to represent him in all ma tters concerning the application. 
 Section 13 
An application must not be amended in a manner th at does not retain the essential features of the 
overall impression of the design.  
Section 14 
When examining an application for registration of a design, the registering authority shall, to the 
extent decreed by the Government, establish whethe r the conditions for registration of the design have 
been satisfied. Where the applicant has not obser ved the prescribed requirements regarding the 
application, or where the authority finds that there are other objections to acceptance of the application, the applicant shall be invited by an Office action to answer the objections or to make a 
correction within a prescribed period. 
 
Where the applicant fails within the prescribed peri od to submit a statement or to take steps to remedy 
a defect to which attention has been drawn, the appli cation shall be dismissed. A warning to this effect 
shall be included in the Office action.  
However, the application shall be reinstated if , within two months from the expiration of the 
prescribed period, the applicant so requests and mak es a reply to the Office action or takes steps to 
remedy the defect and within the same period pays  the prescribed reinstatement fee. Reinstatement 
may not be granted more than once.  
Section 15 
If there is still any objection to acceptance after the applicant's answer to the Office action and 
provided that the applicant has had an opportunity to  answer the objection, the application shall be 
rejected unless there are grounds for deliveri ng a further Office action to the applicant. 
 
Section 16 
Where anyone claims before the registering author ity to have a better right to the design than the 
applicant, and where the matter is found to be unclear , the authority may instruct him to institute legal 
proceedings within a certain period, failing which hi s claim will be disregarded when the application 
is further examined.   Where a dispute concerning a better right to a design is pending before a court of law, the application 
for registration may be suspende d until the case is finally settled. 
 
Section 17 
Where anyone proves to the registering authority th at he has a better right to the design than the 
applicant, the authority shall transfer the application to him if he so requests. The transferee shall pay 
a new application fee. 
 Where transfer is requested, the application must  not be amended, dismissed, rejected or accepted 
until the request for transfer has been finally decided  IP/N/1/FIN/D/5 
Page 10  
 
  Section 18 
Where the application documents are in the prescr ibed form and no objection has been found to 
registration, the registering authority shall publish the application in order to give the public an 
opportunity to enter any opposition.  
On the applicant's request, publication may however  be deferred for a period of up to six months 
counted from the filing date or the date from which priority is claimed under Section 8. Requests for 
deferment shall be made on the application form.  Subsection 3 is deleted. 
 
Section 18 a 
Opposition shall be made in writing to the registeri ng authority within two months from the date of 
publication of the application.  
If registration has been applied for by a person not  entitled to it under subsec tion 1, opposition may be 
lodged by anyone who considers hims elf to be entitled to the design. 
 If a design without proper permission includes a symbol or mark referred to in Section 4 a (1) and (2), 
opposition may be lodged by the person who se right is infringed by the registration. 
 
If a design is in conflict with Section 4(1)(2) or S ection 4 a (3-5), the opposition may be lodged by the 
applicant for or the holder of the conflicting right.  In cases other than those stated in subsections 2 to 4, the opposition may be lodged by anyone. 
 Section 19 
Unless the application documents are to be kept secr et following the applican t's request for deferment 
under Section 18, they shall be available to the public.  Where deferment of publication has been requested, the application documents shall be available to 
the public on the expiration of the prescribed period, not later however than six months counted from 
the filing date or the date from which priority is  claimed under Section 8. If, during the prescribed 
period, the authority decides to dismiss or reject th e application, the documents shall not be available 
to the public unless the applicant requests reinstatem ent of the application for examination or lodges 
an appeal.  Section 20 
After the expiration of the period for lodging an op position prescribed in Section 18 a (1), a further 
examination of the application shall be carried out . Sections 14 to 17 shall be applicable to such 
examination.  In the case of opposition the applicant shall be informed thereof. Where the opposition is not 
manifestly unjustified, the applicant shall also be given an opportunity to answer the opposition. 
 
Section 21 
An applicant for registration of a design may app eal against a final decision of the registering 
authority which has gone against him. A pers on who has duly lodged an opposition may appeal 
against a decision accepting the application. Wher e the opponent withdraws his appeal, the case may 
nevertheless be considered if there are special reasons for doing so.    IP/N/1/FIN/D/5 
 Page 11 
 
 
  An applicant may appeal against the rejection of  a request for reinstatement, provided for in 
Section 14(3), and against the acceptance of a request  for transfer, provided for in Section 17. The 
person making a request for transfer may appeal against the rejection of his request.  
Section 22 
Appeals from the decisions by the registering authority under this Act shall be lodged with the Board 
of Appeals of the National Board of Patents and Re gistration. Special regulations shall apply to the 
appeal procedure and hearing of cases by the Board of Appeals.  
Section 23 
Where an application for registration of a design is accepted by a decision having force of law, the 
design shall be entered in the Register of D esigns and the registration shall be published. 
 A decision to dismiss or to reject an application that has been published in the manner provided for in Section 18 shall be published after the decision has force of law. 
 
Chapter III. Period of Validity of Registration of a Design and Amendment of a Registered 
Design  Section 24 
Registration of a design shall be valid for five y ears, dating from the day on which the application for 
registration was made. Registration may, on request, be renewed for four further periods of five years, 
each such period running from the expiration of the preceding period. 
 The maximum term of protection shall nevertheless be 15 years, if the design is a component part of a 
complex product and is used to restore the original appearance of the complex product. 
 
Section 25 
A registration may be renewed at the earliest one year  before and at the latest within six months from 
the expiration of any current period of registration.  Applications shall be made in writing to the register ing authority, if the applicant wishes to have an 
amendment made to the register entries. Otherwise a registration shall be deemed to have been 
renewed once the renewal fee has been paid.   Renewal of a registration shall be published.  Section 25 a 
A registered design may be amended at the written request of the holder, if the design has been 
registered contrary to provisions of Section 1, 1a, 2, 3, 3a, 4, 4a or 4b. In the amended form the design 
shall, however, comply with the requirements prescrib ed in this Act for registration, and the essential 
features of the overall impression of the design must not be changed. A fee for amendment of a design is payable in respect of the application. 
 
Any amendment to a registration shall be published.  
Chapter IV. Assignments, Licenses, Compulsory Licenses 
 
Section 26 The right to a design may be transferred. 
 IP/N/1/FIN/D/5 
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  Where the registered owner of a design has given another person the right to use the design in the 
course of trade (license), the licensee may not assign hi s right in the absence of an agreement to that 
effect.  A license included with a business may however be assigned, when the business is assigned, in the 
absence of an agreement to the contrary. In such  a case the assignor shall remain responsible for 
ensuring the fulfillment of the license agreement.  
Section 27 
In the case of the transfer of the right to a design or  a license, a note to that effect shall - on request 
and in return for a prescribed fee - be entered in the Register of Designs. The same shall apply to a 
mortgage on the right to a design. If it is proved that a license or mortgage that has been entered in the 
Register has ceased to be valid, the entry shall be removed.  Subsection (1) shall correspondingly apply to a compul sory license and to the right referred to in 
Section 32(2). 
 In the case of multiple registration, a transfer of th e right to a design may be entered only with respect 
to all of the designs.  In legal proceedings or other cases regarding the right to a design, the person whose name has last 
been entered in the Register of Designs as register ed owner of the design shall be deemed to be the 
registered owner thereof.  Any person requesting entry in the Register of an assignment of the right to a design or a license or a 
mortgage relating to such right shall, provided that  he was acting in good faith at the time of such 
request, be unaffected by an earlier assignment of the right to a design or right relating thereto which 
had not previously been the object of a request for entry.  
Section 28 
Any person who had, in the course of trade, been using a design, the subject of an application for 
registration, in this country when a document disclosing the design became available to the public, 
may - where the application leads to registration - obtain a compulsory license to use the design, 
provided that extraordinary reasons  exist and that such person had no knowledge of the application 
and could not reasonably have obt ained knowledge of it. In the same circumstances, any person who 
has taken substantial steps to use the design in the co urse of trade in this country shall have a right to 
such compulsory license. A compulsory license may also relate to a period before the design was 
registered. 
 
Section 29 
A compulsory license may not be granted to any pe rson who appears unable to use the design in an 
acceptable way and in accordance w ith the terms of the license. 
 
A compulsory license shall not prevent the register ed owner of the design from using the design 
himself or from granting a license. A compulsory license may be transferred only together with the 
business in which it is used or in which it is intended to be used. 
 
Section 30 
A compulsory license shall be issued by the Court, which shall also decide the extent to which the 
design may be used and determine the compensa tion and other terms of the license. When a 
substantial change in circumstances so demands, the Court may, if so requested by the person 
concerned revoke the license or stipulate new terms.   IP/N/1/FIN/D/5 
 Page 13 
 
 
  Chapter V. Termination of Right to a Design 
 Section 31 
Where a design has been registered contrary to Section 1,  1 a, 2, 3, 3 a, 4, 4 a or 4 b and an obstacle to 
registration still remains, the Court shall, if an actio n is brought to that end,  cancel the registration in 
whole or in part. However, registration may not be cancelled on the ground that the person in whose 
name the registration was made is only a part-owner of the design right.  Where registration has been granted to a person who is not the rightful owner of the design as defined 
in Section 1, an action to cancel the registration may be brought by the person who claims to be 
entitled to the design. 
 Where registration has been granted contrary to pr ovisions of Section 4 a (1) or (2), an action to 
cancel the registration may be brought by the person whose right is infringed by the registration.  
 
Where registration has been granted contrary to provisi ons of Section 4(2) or Section 4 a (3 to 5), an 
action to cancel the registration may be brought by the applicant for or the holder of the conflicting 
right.  An action for cancellation of registration may also be brought the Public Prosecutor if the action is 
based on a provision of Section 4(1)  or Section 4 a (1) or (2). 
 
In cases other than those stated in subsections 2 to 5, an action may be brought by anyone who 
sustains damage as a result of the registration.  
Section 31 a 
An action must be brought within one year after the plaintiff has had knowledge of the registration 
and of the other circumstances on which the action is based.  Where the registered owner of the design right acted  in good faith when the design was registered or 
when the right to the design was transferred to him,  the action may not be instituted later than three 
years after the registration. 
 
Section 31 b 
The registration of a design may be cancelled in part only if the design after the cancellation still 
complies with the requirements for registration prescr ibed in this Act and the essential features of the 
overall impression of the design do not change. 
 
In any matter concerning partial cancellation of a design, the Court must obtain a statement from the 
registering authority.  
Section 31 c 
The registration of a design may be declared invalid  even after it has lapsed or has been surrendered. 
 
Section 32 
Where a design has been registered in the name of a person who is not the rightful owner as defined in 
Section 1, the Court shall, when an action is brought  by the rightful owner, transfer the registration to 
him. The action shall be instituted within  the periods stated in Section 31 a. 
 
Where a person who has been refused registrati on of a design has begun in good faith to use the 
design in the course of trade in this country or has taken substantial steps for that purpose, he may, on 
payment of reasonable compensation and on the fulfillm ent of other reasonable terms, continue such IP/N/1/FIN/D/5 
Page 14  
 
  use or start the intended use, keeping its general character. In similar circumstances, the holder of a 
license entered in the Register shall have the same right.  The right defined in subsection (2) may be transf erred only together with the business in which the 
design is or was intended to be used. 
 
Section 33 
Where the registered owner of a design declares in  a written statement that he renounces his right to a 
design, the registering authority shall remove the design from the Register.  
Where the right to a design is the subject of att achment or a mortgage relating thereto has been 
recorded in the Register or where a dispute concerning transfer of registration is pending before a court, the design may not be removed from the Register  at the request of the registered owner so long 
as the attachment or mortgage continues or  the dispute has not been finally settled. 
 Chapter V a. Community Design  Section 33 a 
'Community design' means an unregistered design in accordance with the Council Regulation (EC) 
No 6/2002 on Community designs and a design registered by the Office for Harmonization in the Internal Market (Trademarks and Designs) functioning in the internal market of the European 
Community. 
 
Section 33 b 
An application for the registration of a Community  design may be filed with the National Board of 
Patents and Registration, which forwards it to th e Office for Harmonization in the Internal Market 
(Trademarks and Designs), as provided in th e Council Regulation on Community designs. 
 A forwarding fee is payable to the National Board of  Patents and Registration on filing an application 
for a Community design.  
Chapter VI. Obligation to Provide Information 
 
Section 34 
Where a person who has applied for registration of a design invokes his application when making a 
claim against another person, before the applicati on documents have become available to the public, 
he shall on request allow such other pe rson to be given access to the documents. 
 
Any person who by direct representati on to another person, in an advertisement or by an inscription or 
label on an article or its packaging or otherwise, states that registration of a design has been applied 
for or granted, without at the same time giving in formation about the number of the application or of 
the registration, shall, if so requested, give such  information without delay. Where it is not expressly 
stated that registration has been applied for or gr anted, but the circumstances are such as to bring 
about the belief that this is the case, the person co ncerned shall, if requested, without delay inform 
whether registration has been applied for or granted.  
Chapter VII. Responsibility and Ob ligation to Provide Compensation 
 
Section 35 Anyone who infringes the right to a design may be restrained by the Court from continuing or 
repeating such act.    IP/N/1/FIN/D/5 
 Page 15 
 
 
  Where the infringement of a design was intentional he shall, unless the act is punishable as a crime 
against an industrial property right under Section 2 of  Chapter 49 of the Criminal Code, be liable to a 
fine for violation of the right to a design.  Prosecution for the violation of the right to a design may be instituted by the Public Prosecutor only if 
the aggrieved person brings a lega l action based on the violation. 
 
Section 35 a 
When hearing an action referred to in section 35(1) the court may at the design right holder's request 
prohibit the keeper of a transmitter, server or other similar device or other provider of a service acting 
as a transmitter, under penalty of a fine, from conti nuing the use alleged to infringe the registered 
design (injunction order) unless it can be considered di sproportionate in view of the rights of the 
alleged infringer, or in view of the rights of the intermediary and the holder of the design rights.  
 Before the bringing of an action referred to in Sec tion 35(1) the court referred to in that section may 
issue an injunction at the request of the design right  holder, if the preconditions stated in subsection 1 
for that exist and if it is obvious that the realisa tion of the rights of the design right holder otherwise 
would be seriously endangered. The court must provi de both for the party for whom the injunction is 
sought and for the party who is claimed to infringe the right to the design an opportunity to be heard. Communications to the parties against whom the in junctions have been sough t may be delivered by 
mail or by facsimile or e-mail. Otherwise the provisi ons of the Code of Judicial Procedure apply to 
the processing of the case. 
 The court may, on request, issue the injunction re ferred to in subsection 2 as an interlocutory 
injunction without hearing the alleged infringer, if the urgency of the case of necessity requires that. 
The injunction remains in force until ordered otherw ise. After the injunction is issued, the alleged 
infringer must without delay be pr ovided an opportunity to be heard. When the alleged infringer has 
been heard, the court must decide without delay whet her to keep the order in force or withdraw it.  
 An injunction issued under this section must not endang er the right of a third party to send and receive 
messages. Subject to the provisions of Chapter 7, se ction 7, of the Code of Judicial Procedure, the 
injunction comes into force when the plaintiff giv es the bailiff the security referred to in Chapter 7, 
section 16, of the Execution Act (37/1895). An inj unction issued under subsection 2 or 3 of this 
section lapses if the action referred to in section 35( 1) is not brought within a month from the issuance 
of the order.  The party who has demanded the injunction must comp ensate the party against whom the injunction is 
issued as well as the alleged infringer for the dama ge caused by the implementation of the injunction 
and for any other cost resulting from the case if the ac tion referred to in subsecti on 35(1) is rejected or 
ruled inadmissible, or if the processing of the case is  removed from the cause list because the plaintiff 
has abandoned his/her action or failed to arrive to the court. The same applies if the injunction is 
withdrawn under subsection 3 or lapses under s ubsection 4. When an action is brought for 
compensation for damage and costs, the provisions of  Chapter 7, section 12, of the Code of Judicial 
Procedure apply. 
 
Section 36 
Anyone who intentionally or through negligence in fringes the right to a design shall pay reasonable 
compensation for the use of the design, as well as co mpensation for the further damage caused by the 
infringement. If the negligence was minimal, the amount of compensation may be reduced. 
 Anyone who infringes the right to a design without in tention or negligence shall pay compensation for 
the use of the design, in so far as such  compensation may be found reasonable. IP/N/1/FIN/D/5 
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  Proceedings for compensation on the grounds of in fringement of the right to a design shall be 
instituted within five years from the time when the damage was caused, failing which the right to 
compensation will be forfeited.  
Section 36 a 
In a dispute that concerns an infringement of a d esign right the court may, at the plaintiff's demand, 
order that the defendant must compensate the plain tiff for the cost occurred to him/her for publishing, 
by suitable measures, information concerning the fi nal decision in which the defendant is found to 
have infringed the design right. Such an orde r may not be given if the dissemination of the 
information is limited elsewhere in the law. In cons idering the issuance and cont ents of the order, the 
court must pay attention to the general significance of the publication of the issue, the kind and scope 
of the infringement, the costs involved in the publishing process and other corresponding facts.   The court lays down a maximum amount for the r easonable publishing cost to be paid by the 
defendant. The plaintiff is not entitled to the compensation if information about the decision has not 
been published within a period laid down by the court counted from the date when the final decision 
was issued.  
Section 37 
If so requested by a person whose right to a desi gn has been infringed, the Court may order, on the 
basis of what is reasonable for preventing continued infringement, an article that has been made in or 
imported into this country in conf lict with another person's right to a design, or an article whose use 
would constitute infringement of the right to a design, to be altered in a certai n way or to be deposited 
in safe custody for the remainder of the period of protection, or to be destroyed or, where the article has been illegally manufactured or imported, to be surrendered, against remuneration, to the person 
whose right has been infringed. Th is provision shall not apply to a person who has acquired the goods 
or a special right to them in good faith and who has not himself infringed the right to the design. 
 The goods defined in subsection (1) may be confiscat ed if it appears that an offense under Section 2 
of Chapter 49 of the Criminal Code or Section 35  of this Act has been co mmitted. The provisions of 
the Coercive Criminal Investigation Means Act (450/1987) shall be applicable in such cases. 
 
Notwithstanding the provisions of subsection (1), the Court may, where special reasons exist and if so 
requested, make an order giving the owner of the goods referred to in subsection (1) the right of 
disposal over the goods during the remainder of the period of protection or during part thereof in 
return for reasonable compensation and under other reasonable terms.  Section 38 
If anyone contrary to the provisions of Section 5 a u ses a design that is the subject of an application 
for registration after the application documents have become available to the public, the provisions of 
this Act with respect to infringement of the right to a design shall apply correspondingly in so far as 
the application leads to registration. However, no penalty may be inflicted. 
 
Compensation for damage caused by use made before the application has been published in 
accordance with Section 18 shall in this case be  determined in accordance with Section 36(2). 
 The provisions of Section 36(3) shall not apply wh ere the proceedings for compensation are instituted 
within one year after the registration of the design.  
 
Section 39 
Where registration of a design has been cancelled as the result of a judgment having force of law, the 
penalties, compensation or protective measures provided for in Section 2 of Chapter 49 of the Criminal Code or Sections 35 to 38 of this Act shall not be ordered.  IP/N/1/FIN/D/5 
 Page 17 
 
 
  Where the defendant in an action for infringement of the right to a design claims that the registration 
of the design is invalid, the Court shall, if the de fendant so requests, adjourn the case pending a final 
examination of the question of cancellation of the registration. If no action to that effect has been instituted, the Court shall at the time of adjour nment prescribe a fixed period for the institution of 
such action. 
 
Section 40 
A fine shall be imposed upon anyone who deliberatel y or through negligence, where such negligence 
is not minimal, fails to fulfill his obligations under Section 34.  
A fine shall be imposed on anyone who, in any case referred to in Section 34, gives wrong 
information, if punishment for the act is not provided for in the Criminal Code.  Any person who is guilty of an offense referred to in this Section shall provide compensation for the 
damage caused. Where the negligence is minima l, the amount of compensation may be reduced. 
 
Proceedings based on the offense defined in this Se ction may be instituted by the Public Prosecutor 
only if the aggrieved person brings a legal action based on the offense. 
 
Chapter VIII. Rules Concerning Legal Proceedings 
 
Section 41 The registered owner of a design, or any person w ho may use the design by virtue of a license or a 
compulsory license, may bring an action to determ ine whether he is protected by the registration 
against another person, where there is, to his de triment, any uncertainty as to the relationship. 
 
Under the same conditions, any person who carries on or intends to carry on a business activity may 
bring an action against the registered owner of a design to determine whether any obstacle to the 
activity is presented by the particular registration.  Where it is claimed, in a case referred to in subsecti on (1), that the registration of a design is invalid, 
Section 39(2) shall apply correspondingly. 
 
Section 42 
Any person wishing to bring an action for cancellation of the registration of a design, for transfer of 
registration, or for the granting of a compulso ry license shall notify the registering authority 
accordingly and inform everyone who according to th e Register of Designs holds a license to use the 
design or a mortgage thereon. A licensee wishing to bring an action for infringement of the right to a 
design or for a determination referred to in Secti on 41(1) shall inform the registered owner of the 
design accordingly.  The obligation to give notification in accordance with subsection (1) shall be deemed to have been 
fulfilled when notification by means of a registered  postal communication has been sent to the address 
recorded in the Register. 
 If it is not shown, when the action is brought, that th e notification has been made or information given 
in accordance with subsection (1), the plaintiff shall be given time by the court for this to be done. If 
he fails to make use of this time, his action may not be taken up for examination. 
 
Section 43 
The District Court of Helsinki shall have jurisdic tion in actions concerning a better right to a design, 
for cancellation of a registration, for transfer of an  application or registration, for design infringement, 
for a compulsory license or the right referred to in Section 32(2), in criminal  proceedings and claims IP/N/1/FIN/D/5 
Page 18  
 
  for compensation under Section 40, and in actions  for a determination in accordance with the 
provisions of Section 41.  The District Court of Helsinki shall function as th e court having jurisdiction in matters concerning 
Community designs as provided for in the Council Regulation on Community designs.  
 
Section 44 
A copy of the final decision in a case referred to in S ection 2 of Chapter 49 of the Criminal Code or in 
Section 16, 30, 31, 32, 35, 36, 37, 38 or 41 shall be sent to the registering authority.  Chapter IX. Special Provisions  Section 45 
The registered owner of a design w ho is not domiciled in Finland sh all have an agent resident in 
Finland who shall be empowered to receive on the registered owner's behalf service of a writ, 
summons and other documents in cases and matters  concerning the right to a design, except a 
summons for a criminal offense and a subpoena. Such agent shall be notified to the person responsible 
for the Register of Designs and shall be noted therein. Subsection 2 is deleted. 
 
Section 46 
The Government may, provided that reciprocity exists, decree that the rules set out in Section 12 or 45 
shall not be applicable with respect to an applicant or registered owner of a de sign who is resident in a 
foreign country or who has in that country an agen t entered in the Finnish Register having the powers 
referred to in those Sections.  
Section 46 a 
If the registering authority has failed to notify the applicant, the opponent or the owner of a design 
right of its decision at the address he has given to the registering authority, the decision may be 
notified by publishing it in the Design Gazette  published by the National Board of Patents and 
Registration.   
Section 47 
In connection with an application for registration of a design or the renewal or amendment of the 
registration of a design or the filing of an applica tion for the registration of a Community design, the 
applicant shall pay an application fee, a renewal fe e, a fee for amendment of a design or a forwarding 
fee for a Community design application and, where applicable, the following additional fees: a class 
fee for each class of ar ticles beyond the first, a multiple regi stration fee for each design beyond the 
first, a storage fee for the storage of a spec imen, and a publication fee for publication of each 
representation beyond the first and a separate fee fo r other entries in the Register of Designs. An 
increased renewal fee shall be payable if the fee is paid after the expiration of a current period of registration.  The Government shall determine th e fees payable under this Act. 
 
Section 48 
Further regulations for the implementation of this Act shall be notified in a decree by the Government. 
 
Section 49 
This Act shall enter into force on April 1, 1971. 
-- Provision on the entry into force of the Act amending (596/12.7.2002) the Registered Designs Act. This Act shall enter into force on August 1, 2002.   IP/N/1/FIN/D/5 
 Page 19 
 
 
  This Act shall also apply to designs registered be fore its entry into force and to designs to be 
registered on the basis of an application filed before  the entry into force of this Act. The provisions 
that were applicable on the entry into force of th is Act shall however apply to the cancellation of a 
design registered on the basis of a registration applica tion filed before the entry into force of this Act. 
 
A registration application filed before the entry into  force of this Act shall be processed and decided 
on in accordance with the provisions applicable  on the entry into force of this Act. 
 If anyone on the entry into force of this Act used a design in this country in a manner that according to 
the provisions applicable on the entry into force of th is Act did not require the consent of the owner of 
the design right, he may continue the use of the desi gn, even if the consent is required under this Act. 
The same right shall be enjoyed by anyone who has taken substantial steps to use the design. 
-- Provision on the entry into force of the Act ame nding (1215/20.12.2002) the Registered Designs Act 
This Act shall enter into force on January 1, 2003 
-- 
Provision on the entry into force of the Act amending (685/21.07.2006) the Registered Designs Act Section 35 a of this Act also applies to disputes that  have been pending before the entry into force of 
this Act.  The provisions applicable at the entr y into force of this Act apply to disputes that have been pending 
before the entry into force of this Act, instead of the provisions of section 36 a. 
This Act comes into force on 1 September 2006.   
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