WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/FIN/D/3 
9 February 2007 
 (07-0555) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
 
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
FINLAND
 
  The present document reproduces the consolidated text
1 of the Design Protection 
Act 12.3.1971/221, as amended up to 2002/1215 incl., notified by Finland under Article 63.2 of the 
Agreement (see document IP/N/1/FIN/2). 
 
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 actualisé
1 de la Loi 12.3.1971/221 sur la protection des 
dessins et modèles, modifiée jusqu'en 2002 (2002/1 215) inclusivement, notifiée par la Finlande au 
titre de l'article 63:2 de l'Accord (voir le document IP/N/1/FIN/2).  
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 texto1 de la Ley 12.3.1971/ 221 de Protección de 
Dibujos y Modelos y sus modificaciones hasta 2002 (2002/1215) inclusive, notificado por Finlandia en virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento 
IP/N/1/FIN/2). 
                                                     
 
1 In English only. The text is available for co nsultation by interested Delegations at the WTO 
Secretariat in Finnish and Swedish./En anglais seulement.  Les délégations intéressées peuvent consulter le texte 
en finnois et suédois au Secrétariat de l'OMC./En inglés solamente.  Las delegaciones interesadas podrán 
consultar en la Secretaría de la OMC el texto en finlandés y sueco. IP/N/1/FIN/D/3 
Page 2  
 
   
Design Protection Act 12.3.1971/221 (Unofficial translation) 
 
(Amendments up to 2002/1215 included) 
 
 
Chapter I 
General Provisions 
 
Section 1 
 
Anyone who has created a design or his or her successor 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 whol e 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 item, including parts intended to be assembled 
into a complex product, and packaging, get-up, graphic symbols and t ypographic 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 consid ered to be products 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 ne w if no identical design has been  made available to the public 
before the date of filing of the application for re gistration or, if priority is claimed, the date of 
priority. Designs shall be deemed to be identical if th eir features differ only in  immaterial details. 
 A design shall be considered to have individual char acter if the overall impression it produces 
on the informed user differs from the overa ll impression produced 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 cl aimed, the date of priority. In assessing individual character, the 
degree of freedom of the designe r in developing the design shall be taken into consideration. 
 The design of a product which constitutes a com ponent part of a complex product shall only 
be considered to be new and to  have individual character:  IP/N/1/FIN/D/3 
 Page 3 
 
 
   
1) if the component part remains visibl e during normal use of the product; and 
 2) if the visible features of the component pa rt fulfil in themselves the requirements as to 
novelty and individual character.  “Normal use’ within the meani ng of subsection 4(1) above shall not include maintenance, 
servicing or repair work.  
Section 3 
 
A design shall be deemed to have been made available to the public: 
 1) if it has been publishe d in the registration proc edure or otherwise; or 
 2) if it has been e xhibited or used in trade or it has otherwise become known. 
 A design has not, however, become available to the public if the events referred to in 
subsection 1 could not reasonably have become  known in the normal course of business to 
the circles specialized in the sector concerne d, operating within the European Union, before 
the date of filing of th e application for registration or, if priority is claimed, the date of 
priority.  The design shall not, however, be deemed to ha ve become available to the public for the sole 
reason that it has been disclosed to a th ird person under conditions of confidentiality. 
 
Section 3 a 
 
A design shall not be deemed to have become available to the public in the manner referred 
to in Section 2 if the design for which protection is claimed has during the 12-month period 
before the date of filing the registration appli cation 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 provide d or action taken by the 
designer; or  2) as a consequence of an abus e in relation to the designer. 
 The provisions of subsection 1 re lating 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 public policy or  to accepted principles of morality; or 
 IP/N/1/FIN/D/3 
Page 4  
 
  2) if it is identical with a prior design which has been 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 pe rmission includes: 
 1) the coat of arms, flag or other emblem or  the designation or abbreviation of the designation 
of a state, municipal ity or an internationa l intergovernmental orga nization, or a figure, 
designation or abbreviation of a designation that may be confused with such emblem, sign, 
designation or abbrevia tion of a designation; 
 2) an official mark or stamp of inspection or  guarantee for the same or similar articles as 
those for which the design is intended;  3) anything that may be understood  to be another person’s trad e 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 manifestly  refers to a person long since 
deceased;  4) anything that may be interprete d 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; 
 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 appe arance 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 in corporated to be mechanically  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 shall subsist in a design serving the purpose 
of allowing multiple assembly or connection of  mutually interchangeable products within a 
modular system.  
Section 5 
 
The scope of the protection conferred by a de sign shall include any design which does not 
produce on the informed user a different ove rall impression. In assessing the scope of  IP/N/1/FIN/D/3 
 Page 5 
 
 
  protection, the degree of freedom of the designer in developing hi s design shall be taken into 
consideration.  
Section 5 a 
 
Subject to the exceptions stated below, the righ t to a design shall impl y that no person other 
than the owner of the design right is entitled to  use the design 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 matches the design or 
in which the design is incorporated.  
Section 5 b 
 
The rights conferred by a de sign 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 fa ir trade practice and do not  unduly prejudice the normal 
exploitation of the design, and that  mention is made of the source. 
 Neither do the rights conferred by a design right cover 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 repairing 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 us e of a product protected by the 
design right if the product has been put on the market within 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 ch aracter, provided that such  use did not entail a 
manifest abuse with respect to the applicant fo r registration or to his predecessor in title. 
Under similar conditions, any person who has take n substantial steps to use the design in the 
course of trade in this country sh all have the same right of use. 
 The right defined in subsection (1 ) can only be transferred to ot her parties together with the 
business in which it has arisen or in  which the design was to be used.  
 Section 7 has been repealed (12.7.2002/596).  IP/N/1/FIN/D/3 
Page 6  
 
  Section 8 
 
Any application filed in Finland shall be deemed, for the purposes of Section 2 and 6, to have 
been filed at the same time as the application in another country, if the design has been the subject of an application for re gistration of a design or for prot ection as a utility model which 
has been filed in a country party to the Pa ris 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 with in a period of six months from the date of 
filing of the application for regi stration in the Contracting Stat e 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 whic h the registering authority finds special reasons to equate it 
with an application filed in a Contracting State.  
 In order to enjoy priority in accordance 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 numb er of the application 
referred to. 
 
 
Chapter II 
The Application for Registra tion 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 th e registering authority. 
 The application shall mention the creator of the design. Where the applicant is not  the creator, 
he shall produce evidence of hi s right to the design. In additi on the application shall specify 
the product or products to whic h the application relates. 
 A representation of the design shall be attach ed to the application document. Where the 
applicant, before the application is published in accordance with the provisions of Section 18, also deposits a specimen, the specimen sh all 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 th e design or a specimen thereof with the 
registering authority and paid the filing fee.   IP/N/1/FIN/D/3 
 Page 7 
 
 
  Further provisions on payment of additional fees  relating to the application shall be given by 
government decree.  
Section 11 
 
An application may include more than one design where the products stated in the 
registration application according to the cla ssification established by the Locarno Agreement 
Establishing an International Classification for Industrial Desi gns (Finnish Treaty Series 
22/1972) fall in the same class.  
Section 12 
 
An applicant who is not domicile d in Finland shall have an agen t resident in this country who 
is empowered to represent him in a ll matters concerning the application. 
 
Section 13 
 
An application must not be amended in a manner that 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, establis h whether the conditions for registration of the 
design have been satisfied. Wher e the applicant has not observed the prescribed requirements 
regarding the applicatio n, 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 correcti on within a prescribed period. 
 Where the applicant fails within the prescribed pe riod to submit a statement or to take steps to 
remedy a defect to which attention has been drawn, the application 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 a nd makes 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 afte r 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 unl ess there are grounds for deliver ing a further Office action to 
the applicant.  IP/N/1/FIN/D/3 
Page 8  
 
  Section 16 
 
Where anyone claims before the registering auth ority to have a better right to the design than 
the applicant, and where the ma tter is found to be unclear, the authority may instruct him to 
institute legal proceedings within a certain pe riod, failing which his 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 suspended until the case is finally settled.   
Section 17 
 
Where anyone proves to the regist ering authority that he has a be tter right to the design than 
the applicant, the authority shall transfer th e application to him if he so requests. The 
transferee shall pay a new application fee. 
 Where transfer is requested, th e application must not be am ended, dismissed, rejected or 
accepted until the request for transfer has been finally decided  
Section 18 
 
Where the application documents are in the pr escribed form and no obj ection 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 ho wever 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 has been repealed (12.7.2002/596). 
 
Section 18 a 
 
Opposition shall be made in writing to the regi stering authority within two months from the 
date of publication of the application.  If registration has been applied for by a pe rson not entitled to it  under subsection 1, 
opposition may be lodged by anyone who consider s himself to be entitled to the design. 
 If a design without proper perm ission includes a symbol or mark  referred to in Section 4 a (1) 
and (2), opposition may be lodged by the person  whose right is infringed by the registration. 
 If a design is in conflict with Section 4(1 )(2) or Section 4 a (3-5), the opposition may be 
lodged by the applicant for or the holder of the co nflicting right. 
 In cases other than those stated in subs ections 2 to 4, the opposition may be lodged by 
anyone.   IP/N/1/FIN/D/3 
 Page 9 
 
 
  Section 19 
 
Unless the application documents are to be kept secret following the applicant's request for deferment under Section 18, they sh all be available to the public.  
 Where deferment of publication has been requ ested, 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 the application, 
the documents shall not be available to the publ ic unless the applicant requests reinstatement 
of the application for examination or lodges an appeal.  
Section 20 
 
After the expiration of the period for lodging an  opposition 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 al so 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 person who has duly lodged an opposition may 
appeal against a decision accepting the appli cation. Where the opponent withdraws his 
appeal, the case may nevertheless be consider ed if there are special reasons for doing so. 
 An applicant may appeal against the rejection of a request for reinstatement, provided for in 
Section 14(3), and against the a cceptance of a request for transf er, provided for in Section 17.  
The person making a request for transfer may a ppeal against the reject ion of his request. 
 
Section 22 
 
Appeals from the decisions by the registering au thority under this Act shall be lodged with 
the Board of Appeals of the National Board of  Patents and Registrati on. Special regulations 
shall apply to the appeal procedure and h earing of cases by the Board of Appeals. 
 
Section 23 
 
Where an application for registration of a de sign is accepted by a decision having force of 
law, the design shall be entered in the Regist er of Designs and the registration shall be 
published.  A decision to dismiss or to reject an app lication that has been published in the manner 
provided for in Section 18 shall be publis hed after the decision has force of law. 
 IP/N/1/FIN/D/3 
Page 10  
 
   
Chapter III 
Period of Validity of Registration of a De sign and Amendment of a Registered Design 
 
Section 24 
 
Registration of a design shall be valid for fi ve years, dating from the day on which the 
application for registration wa s made. Registration may, on request, be renewed for four 
further periods of five years, each such pe riod running from the expiration of the preceding 
period.  The maximum term of protection shall neverthele ss be 15 years, if the design is a component 
part of a complex product and is used to restore the origin al 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 a ny current period of registration. 
 Applications shall be made in writing to the re gistering 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 wri tten request of the holde r, if the design has 
been registered contrary to provisions of S ection 1, 1a, 2, 3, 3a, 4, 4a or 4b. In the amended 
form the design shall, however, comply with the requirements prescribed 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.  Where the registered owner of a design has give n another person the right to use the design in 
the course of trade (license),  the licensee may not assign his right in the absence of an 
agreement to that effect.   IP/N/1/FIN/D/3 
 Page 11 
 
 
  A license included with a busines s may however be assigned, wh en the business is assigned, 
in the absence of an agreemen t to the contrary. In such a case the assignor shall remain 
responsible for ensuring the fulfilm ent of the license agreement. 
 
Section 27 
 
In the case of the transfer of the right to a de sign 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 desi gn. If it is proved that a license or mortgage 
that has been entered in the Register has ceas ed to be valid, the entry shall be removed. 
 Subsection (1) shall correspondingly apply to a co mpulsory license and to the right referred 
to in Section 32(2).  In the case of multiple registration, a transfer  of the 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 regist ered owner of the de sign 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 ea rlier assignment of th e right to a design or 
right relating thereto which had not previously been the obje ct 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 documen t disclosing the design became available to 
the public, may - where the application leads to registration - obtain a co mpulsory license to 
use the design, provided that extraordinary r easons exist and that such person had no 
knowledge of the application and could not reasonably have obtai ned knowledge of it. In the 
same circumstances, any person who has taken substantial steps to use the design in the 
course 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 an y person who appears unable to use the design 
in an acceptable way and in accordance with the terms of the license. 
 A compulsory license shall not prevent the re gistered 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 us ed or in which it is intended to be used. 
 IP/N/1/FIN/D/3 
Page 12  
 
  Section 30 
 
A compulsory license shall be issued by the C ourt, which shall also decide the extent to 
which the design may be used and determine the compensation 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 li cense or stipulate new terms. 
 
 
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 remain s, the Court shall, if  an action is brought to that end, cancel 
the registration in whole or in  part. However, registration ma y 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 w ho is not the rightful owner of the design as 
defined in Section 1, an action to cancel th e registration may be brought by the person who 
claims to be entitled to the design.  Where registration has been grante d contrary to provisions of Sec tion 4 a (1) or (2), an action 
to cancel the registra tion may be brought by the person w hose right is infringed by the 
registration.  Where registration has been grante d contrary to provisions of Sec tion 4(2) or Section 4 a (3 to 
5), an action to cancel the regi stration may be brought by the app licant for or the holder of the 
conflicting right.  An action for cancellation of re gistration may also be brought the Public Prosecutor if the 
action is based on a provision of Secti on 4(1) or Section 4 a (1) or (2). 
 In cases other than those stated in subsect ions 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 ha s had knowledge of the 
registration and of the other circum stances on which the action is based. 
 Where the registered owner of the design ri ght 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. 
  IP/N/1/FIN/D/3 
 Page 13 
 
 
  Section 31 b 
 
The registration of a design may be cancelled in part only if th e design after the cancellation 
still complies with the requirements for registra tion prescribed in this Act and the essential 
features of the overall impressi on 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 i nvalid 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 sh all, when an action is  brought by the rightful owner, transfer 
the registration to him. The acti on shall be instituted within the periods stated in Section 31 a. 
 Where a person who has been refused registratio n of a design has begun in good faith to use 
the design in the course of trade in this country  or has taken substantia l steps for that purpose, 
he may, on payment of reasonable compensation and on the fulfillment of other reasonable terms, continue such use or st art the intended use, keeping its general character. In similar 
circumstances, the holder of a license entere d in the Register shall have the same right. 
 The right defined in subsection (2) may be transferred only t ogether 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 register ing authority shall remove the design from the Register. 
 Where the right to a design is the subject of attachment or a mortgage relating thereto has 
been recorded in the Register or where a disp ute concerning transfer of  registration is pending 
before a court, the design may not be remove d from the Register at  the request of the 
registered owner so long as the attachment or mortgage continues or th e dispute has not been 
finally settled. 
 
 
Chapter V a 
Community Design 
 
Section 33 a 
 
‘Community design’ means an unregistere d design in accordance with the Council 
Regulation (EC) No 6/2002 on Community designs  and a design registered by the Office for IP/N/1/FIN/D/3 
Page 14  
 
  Harmonization in the Internal Market (Tradema rks and Designs) functioning in the internal 
market of the European Community.  
Section 33 b 
 
An application for the registration of a Commu nity design may be filed with the National 
Board of Patents and Registration, which forwar ds it to the Office fo r Harmonization in the 
Internal Market (Trademark s and Designs), as provided in the Council Regulation on 
Community designs.  A forwarding fee is payable to the National Bo ard 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 registrati on of a design invokes his application when 
making a claim against another person, before  the application documents have become 
available to the public, he shal l on request allow such other pe rson to be given access to the 
documents.  Any person who by direct representation to anot her person, in an advertisement or by an 
inscription or label on an articl e or its packaging or otherwise,  states that registration of a 
design has been applied for or granted, without at the same ti me giving information about the 
number of the application or of the registration,  shall, if so requested, give such information 
without delay. Where it is not ex pressly stated that registra tion has been applied for or 
granted, but the circumstances are such as to br ing about the belief that  this is the case, the 
person concerned shall, if re quested, without delay inform whether registration has been 
applied for or granted. 
 
 
Chapter VII 
Responsibility and Obligation 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.  
 Where the infringement of a design was intentiona l he shall, unless the act is punishable as a 
crime against an industrial property right under S ection 2 of Chapter 49 of the Criminal Code, 
be liable to a fine for violat ion 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 br ings a legal action based on the violation.  IP/N/1/FIN/D/3 
 Page 15 
 
 
   
Section 36 
 
Anyone who intentionally or through negligen ce infringes the right to  a design shall pay 
reasonable compensation for the use of the desi gn, as well as compensation 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 w ithout intention or negligence shall pay 
compensation for the use of the design, in so  far as such compensation may be found 
reasonable.  Proceedings for compensation on the grounds of infr ingement 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 37 
 
If so requested by a person whose right to a de sign 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 conflict with another person's right to a design, 
or an article whose use would c onstitute infringement of the righ t to a design, to be altered in 
a certain 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 re muneration, to the person whose right has been infringed. This 
provision shall not apply to a pe rson who has acquired the goods or  a special right to them in 
good faith and who has not himself in fringed the right to the design. 
 The goods defined in subsection (1) may be conf iscated if it appears that an offense under 
Section 2 of Chapter 49 of the Criminal Code or Section 35 of this Act has been committed. 
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 th e goods during the remainder of th e period of protection or during 
part thereof in return for reasonable co mpensation and under other reasonable terms. 
 
Section 38 
 
If anyone contrary to the provisi ons of Section 5 a uses a desi gn that is the subject of an 
application for registration afte r the application documents ha ve 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 applicat ion leads to registration. However, no penalty 
may be inflicted.  Compensation for damage caused by use made be fore the application has been published in 
accordance with Section 18 shall in  this case be determined in accordance with Section 36(2). IP/N/1/FIN/D/3 
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The provisions of Section 36(3) shall not appl y where the proceedings for compensation are 
instituted within one year afte r the registration of the design.  
 Section 39  Where registration of a design ha s been cancelled as the result of  a judgment having force of 
law, the penalties, compensation or protec tive measures provided for in Section 2 of 
Chapter 49 of the Criminal Code or Sections 35 to 38 of this Act sh all not be ordered. 
 Where the defendant in an action for infringeme nt of the right to a design claims that the 
registration of the design is i nvalid, the Court shall, if the de fendant so requests, adjourn the 
case pending a final examination of the quest ion of cancellation of the registration. If no 
action to that effect has been instituted, the C ourt shall at the time of adjournment prescribe a 
fixed period for the institution of such action.  
Section 40 
 
A fine shall be imposed upon anyone who delib erately 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 an y 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  minimal, the amount of compensation may 
be reduced.  Proceedings based on the offense defined in this Section may be instituted by the Public Prosecutor only if the aggrieved person br ings a legal action based on the offense. 
 
 
Chapter VIII 
Rules Concerning Legal Proceedings 
 
Section 41 
 
The registered owner of a design, or any person who may use the design by virtue of a license 
or a compulsory license, may bring an action to determine whether he  is protected by the 
registration against another person, where there is, to his detriment, any uncertainty as to the 
relationship. 
 Under the same conditions, any person who ca rries on or intends to carry on a business 
activity may bring an action against the regist ered owner of a design to determine whether 
any obstacle to the activity is pres ented by the particular registration. 
 Where it is claimed, in a case referred to in su bsection (1), that the re gistration of a design is 
invalid, Section 39(2) shall apply correspondingly.   IP/N/1/FIN/D/3 
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Section 42 
 
Any person wishing to bring an action for can cellation of the registration of a design, for 
transfer of registration, or for the granting of a compulsory license shall notify the registering 
authority accordingly and inform everyone who according to the Register of Designs holds a license to use the design or a mortgage ther eon. A licensee wishing to bring an action for 
infringement of the right to a design or for a determination referred to in Section 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 the no tification 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 juri sdiction in actions concer ning a better right to a 
design, for cancellation of a registration, for tran sfer 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 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 the court having jurisdiction in matters 
concerning Community designs as provided for in the Co uncil Regulation on Community 
designs.  
Section 44 
 
A copy of the final decision in a case referred to in Section 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 who is not domic iled in Finland shall 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 a nd matters concerning the right to a design, 
except a summons for a criminal offense and a s ubpoena. Such agent shall be notified to the 
person responsible for the Register of  Designs and shall be noted therein. IP/N/1/FIN/D/3 
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Subsection 2 has been repealed (12.7.2002/596). 
 
Section 46 
 
The Government may, provided that reciprocity exists, decree that the rules set out in Section 
12 or 45 shall not be ap plicable with respect to an applican t or registered ow ner of a design 
who is resident in a foreign country or who has in that country an agent entered in the Finnish 
Register having the powers refe rred to in those Sections. 
 
Section 46 a 
 
If the registering authority has failed to notif y the applicant, the opponent or the owner of a 
design right of its decision at the address he  has given to the regi stering 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 applicati on for registration of a design or the renewal or amendment of 
the registration of a design or the filing of an application for the regi stration of a Community 
design, the applicant shall pay an  application fee, a renewal f ee, a fee for amendment of a 
design or a forwarding fee for a Community de sign application and, where applicable, the 
following additional fees: a cla ss fee for each class of article s beyond the first, a multiple 
registration fee for each design beyond the first, a storage fee for the storage of a specimen, 
and a publication fee for publicat ion of each representation beyond the first and a separate fee 
for other entries in the Register  of Designs. An increased renewa l 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 th is Act shall be notified in a decree by the 
Government.  
Section 49 
 
This Act shall enter into force on April 1, 1971. 
 
(transitional provisions not included) 
__________