Community Design
A registered Community Design is valid in all Member States of the EU (EEA countries are not included)
Norwegian residents and companies based in Norway must be represented before the Office (OHIM - Office for Harmonization in the Internal Market) by an agent or professional representative authorized to act for clients in the EU. This agent must also be authorized by OHIM to represent design applicants.
If you are considering applying for a Community Design, it is advisable to read the information given on OHIM’s web site and to contact an agent authorized to assist you in the application process.
The Registered Community Design came into force 1st April 2003.
Unregistered design right
An unregistered design right extends protection for a period of three years from the date on which the design was first made available to the public (at an exhibition, by marketing, sales etc) within the European Community. Please note that an unregistered design right only gives protection against copying.
The system of protection for unregistered design came into force 6th April 2002.
More information at OHIM.
Geneva Act (information concerning future system for international design protection)
NB: Norway is not yet a member, but will accede to the Act in 2005. Norwegian residents may apply for international registration under the new Act once Norway has become a Contracting Party.
The Geneva Act is a system for applying for international design registration. This system makes it possible for you to protect your design in several states by filing one single application to the International Bureau at WIPO (World Intellectual Property Organization), in one language (English or French) and by paying a single set of fees in one currency (Swiss francs).
The Geneva Act confers several advantages when applying for international design protection
Any persons resident, or companies based in one of the states party to the Geneva Act may apply for registration in other member states. It is simpler and cheaper to file a single international application via the Geneva Act, than to apply separately in each country. The number of states party to the Act is increasing steadily. List of member states (PDF-file).
How to apply for design registration via the Geneva Act
When Norway becomes party to the Geneva Act, Norwegian applicants will be able to take advantage of this system and file directly to WIPO (the International Bureau) or to the Norwegian Patent Office.
Those countries in which you wish to apply for design protection, must be designated amongst the Contracting States. This choice must be made in the application. The application must be filed in English or French and must be typewritten.
Applications filed at the Norwegian Patent Office are forwarded to WIPO (World Intellectual Property Organization), which then distributes the application to those countries designated. Applications are handled in each country according to national legislation. The authorities in each designated country decide whether a design can be registered in that particular country.
The time taken to handle an application may vary from country to country, but is unlikely to exceed 6 months. The reason for this is that the Geneva Act directs the national authorities in those countries designated to accept or refuse a registration within a 6-month period. If the design is not refused within the prescribed period, the design is automatically given protection in that particular country from the expiry date.
The Official Application form DM/1(E) may be downloaded from WIPO's web site. Explanatory Notes may also be found here - DM1.inf(E).
How much does it cost to apply for international design protection via the Geneva Act?
The Norwegian Patent Office requires a clearance fee of NOK 550.For further charges - see Schedule of Fees. All charges are given in Swiss francs.List of member countries which charge an individual fee.WIPO's Fee Calculator
WIPO's pages concerning the Geneva Act.