WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP/NIl/DNKID/2 
11 January 2001 
(01-0138) 
Original: Englishl 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
DENMARK 
The present document reproduces the textl of the Order Concerning Application and 
Registration of Designs N° 1192, as notified by Denmark under Article 63.2 of the Agreement (see 
document IPINllIDNK/lIRev.I). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
DANEMARK 
Le present document contient le textel de l'Ordonnance nO 1192 concernant les demandes 
d'enregistrement et l'enregistrement des dessins et modeles, notifiee par le Danemark au titre de 
l'article 63:2 de l'Accord (voir le document IPINllIDNK/lIRev.I). 
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 pARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
DINAMARCA 
En el presente documento se reproduce el textol de la Orden relativa a la solicitud y registro 
de dibujos y modelos N° 1192, notificada por Dinamarca en virtud del parrafo 2 del articulo 63 del 
Acuerdo (vease el documento IPINII/DNK/lIRev.1). 
1 In English only. The text in the original language is available for consultation by interested 
Delegations at the WTO Secretariat.!En anglais seulement. Les delegations interessees peuvent consulter le 
texte dans sa langue d'origine, au Secretariat de l'OMC./En ingles solamente. Las delegaciones interesadas 
podnin consultar en la Secretaria de la OMC el texto en su idioma original. IP/N/l/DNKiD/2 
Page 2 
The Danish Patent Office 
Order No. 1192 of23rd December 1992 
Order on application and registration of designs 
Pursuant to section 7, section 8, section 
14(1), section 46 and section 47 of the Danish 
Designs Act, cf. Consolidated Act No. 251 of 
17th April 1989, and by authorisation under 
Order No. 416 of27th May 1992 of the Ministry 
of Industry the following shall hereby be laid 
down!): 
Part 1 
Filing and recording of design applications 
1. Design applications shall be filed with the 
Patent Office. 
2. (1) A design application shall be made in 
writing. Application forms shall be provided 
free of charge by the Patent Office. 
(2) The application shall be signed by the ap­
plicant or his agent and shall indicate: 
(i) the applicant's name or firm name, mail­
ing address and, if the applicant is not 
represented by an agent, telephone and 
fax number, if any, and, ifthe applicant is 
represented by an agent, the latter's name 
or firm name, mailing address and tele­
phone and fax number, ifany, 
(ii) the design inventor's name and mailing 
address, 
(iii) the product or products for which regis­
tration of the design is applied, 
(iv) the class or classes in which the design is 
placed by the applicant, cf. section 27 of 
this Order, 
(v) whether the design is a model for the ap­
pearance ofa product or an ornament, 
Erhvervsmin., j.nr. (vi) where a design registration is applied for 
by several applicants jointly, and these 
are not represented by an agent, which of 
the applicants shall be authorised to re­
ceive communications from the Registra­
tion Authority on behalf of all the appli­
cants, 
(vii) if priority is claimed under section 8 of 
the Registered Designs Act, the inform a­
tionlaid down in section 7, 
(viii) if the applicant requests postponement of 
the publication, cf. section 18 of the Reg­
istered Designs Act, information hereof, 
and 
(ix) the documents accompanying the appli­
cation. 
(3) The documents accompanying the appli­
cation shall include: 
(i) representations showing the design, cf. 
section 4 ofthis Order, 
(ii) if the applicant is represented by an 
agent, a power of attorney for the agent 
unless a power of attorney is given in the 
application, 
(iii) if the design is originated by someone 
other than the applicant, documentary 
evidence ofthe applicant's title, and 
(iv) declaration of novelty, cf. section 10(3) of 
the Registered Designs Act. 
(4) The Registration Authority may grant 
exemption from the requirement to provide a 
written power of attorney. 
(5) The prescribed application fee shall ac­
company the application. 
(6) An application may be processed ur­
gently, if the applicant submits a request in writing to that effect and pays the prescribed 
fee. 
3. (1) The application and documents accom­
panying the application shall be in Danish, 
Norwegian or Swedish. The Registration Auth­
ority may require that the statement ofthe pro­
ducts is in Danish. 
(2) If a document is drawn up in any other 
language than those prescribed in su bsection 1, 
1 st sentence, a translation shall be filed. The 
Patent Office may require that the translation 
be certified by a translator or in another man­
ner approved by the Patent Office. The Regis­
tration Authority may abstain from the require­
ment of translation. 
4. (1) Representations which show the design 
and which may be photos or drawings shall be 
filed in triplicate in a size not above A4 size (21 
cm x 29.7 cm.). Ifthe size is smaller than A4 two 
copies shall be reproduced on paper of A4 size. 
The representations shall be suitable for repro­
duction in black/white printing including in a 
different size. 
(2) If the applicant files a model ofthe design 
the model shall be made up of a durable ma­
terial. The size model may not exceed a length 
of 40 cm in any direction or exceed a weight of 
4 kg. Mod~ of a perishable or hazardous ma­
tezial may not be filed. 
(3) If an application includes several designs, 
cf. section 11 of the Registered Designs Act, 
separate representations of each design shall be 
filed. Representations and models, if any, shall 
be clearly marked with consecutive numbers. 
5. The Patent Office shall mark the application 
with an application number and the date on 
which it was filed. 
6. (I) The Patent Office shall keep a record of 
applications filed. 
(2) In the record, for each application shall 
be entered: 
(i) the date of filing and number of the appli­
cation, 
(ii) the date, when a representation or model 
was initially filed, if this did not occur 
concurrently with the application, 
(iii) the product or the products for which 
registration of the design is applied, 
(iv) the class or classes in which the design is IP/NI1 IDNK/D/2 
Page 3 
placed by the applicant, cf. section 27 of 
this Order, 
(v) whether the design is a model for the ap-
pearance of a product or an ornament, 
(vi) the applicant's name or firm name and 
mailing address, 
(vii) if the applicant is represented by an 
agent, the latter's name or firm name and 
mailing address, 
(viii) the design originator's name and mailing 
address, 
(ix) if priority is claimed under section 8 of 
the Registered Designs Act, where the 
previous application whose priority is 
claimed was filed and the date of filing 
and number ofthat application, 
(x) where the application is made on the 
basis of division or excision, the number 
of the parent application, 
(xi) where new applications result from 
diversion from the application, informa­
tion to that effect and indication of the 
numbers of those applications, 
(xii) if the applicant has requested a post­
ponement of the publication, informa­
tion thereof, 
(xiii) communications, representations, mod­
els if any, received and fees paid in re­
spect of the application, and 
(xiv) notifications and communications sent in 
respect of the application. 
(3) The record shall in respect of the individ­
ual application be available to the public when 
the application is made available to the public. 
However, the Patent Office may decide that 
some of the data referred to in subsection 2 
thereof shall be available to the public before 
the said date. 
Part 2 
Priority, etc. 
7. (1) Where a design is included in an applica­
tion for registration of a design or for utility 
model protection in another State being a party 
to the Paris Convention for the Protection of 
Industrial Property of 20th March 1883 and 
where the design registration is applied for in 
this State within 6 months from the date offil­
ing in this other State the application shall for 
the purposes of sections 2 and 6 of the Regis­
tered Designs Act be considered filed at the 
same time as the application in this other State. 
The same right of priority applies even though IPINI11DNK/D/2 
Page 4 
the prior application for protection does not 
originate from a State being a party to the Con­
vention when an equivalent priority from a 
Danish design application is granted in the 
State where the prior application was filed and 
the legislation in the State under consideration 
in substance is in accordance with the Conven­
tion. 
(2) If an application is divided under section 
11 of this Order, the priority claim for the par­
ent application shall apply, without any separ­
ate claim for priority, to new applications re­
sulting herefrom. 
(3) Withdrawal of priority shall be effected by 
separate letter. 
8. (1) The Registration Authority may require 
documentation of the priority claimed by filing 
ofa certificate from the Authority which has re­
ceived the original application. The certificate 
shall give the date offiling of the original appli­
cation and the applicant's name or firm name. 
In addition, the Registration Authority may re­
quire that a certified copy of the application 
and accompanying drawings showing the de­
sign shall be filed. 
(2) If the applicant fails to file the said do­
cumentation in due time, the applicant's right 
of priority shall lapse. 
9. (1) For an application to be capable of serv­
ing as a basis for priority under section 7 of this 
Order, it shall be the first application in which 
the design is given. 
(2) Where the person who filed the first ap­
plication or his successor in title has filed a sub­
sequent application relating to the same design 
with the same authority, the subsequent appli­
cation may, however, be claimed as a basis for 
priority provided that, at the time of the filing 
of the subsequent application, the first applica­
tion has been withdrawn, shelved or refused 
without the design having been made available 
to the public and without leaving any rights 
outstanding or having served as a basis for 
claiming a right of priority. Where priority has 
been obtained on the basis of such subsequent 
application, the prior application may no 
longer serve as a basis for claiming a right of 
priority. 
10. (1) In the event of an application for a joint 
registration, cf. section 11 of the Registered De-signs Act, priority may be claimed for one or 
several of the designs. 
(2) In the event of such application priority 
may be claimed on the basis of several applica­
tions even if these have been filed in different 
countries. If priority is claimed on the basis of 
several applications, the time limits commenc­
ing on the date of priority shall have effect from 
the earliest priority date. 
11. Where an application includes several de­
signs, the applicant may divide the application 
into several applications which as claimed by 
the applicant shall be considered filed simulta­
neously with the original application. 
Part 3 
Examination and other Processing of 
Applications 
12. (1) On examining whether the design is reg­
istrable the Registration Authority shall con­
sider everything that comes to its attention. 
(2) The examination by the Registration 
Authority includes valid Danish design regis­
trations and Danish pending applications. In 
addition, the examination includes Danish de­
sign registrations which have been cancelled 
within the last 5 years from the date of filing of 
the application. 
13. In the event of collision with a prior design 
application the processing of a newer applica­
tion may be suspended until the prior applica­
tion has been decided on or has become avail­
able to the public. 
Advertisemen t of the application, etc. 
14. (1) The publication of the application's 
availability to the public shall contain informa-
tion on: 
(i) the number of the application, 
(ii) the date on which the application was 
filed or shall be considered filed, 
(iii) the applicant's name or firm name and 
mailing address, 
(iv)the product or products for which reg­
istration of the design is applied, 
(v) the class or classes in which the design is 
placed, cf. section 27 ofthis Order) and 
(vi) whether the design is a model for the ap­
pearance of a product or for an orna­
ment. (2) Publication of applications under section 
18 (1) of the Registered Designs Act shall con­
tain specification of: 
(i) the number ofthe application, 
(ii) information on the date on which the ap­
plication was filed or shall be considered 
filed, 
(iii) the product or products for which regis­
tration of the design is applied, 
(iv)the class or classes to which the de­
sign is assigned, cf. section 27 of this 
Order, 
(v) whether the design is a model for the ap­
pearance of a product or for an orna­
ment, 
(vi) the applicant's name or firm name and 
mailing address, 
(vii) if the applicant is represented by an 
agent, the latter's name or firm name or 
mailing address, 
(viii) the design originator's name and mailing 
address, 
(ix) if priority is claimed under section 8 of 
the Registered Designs Act, information 
on where the application claimed as a 
basis for priority has been filed and the 
date of filing and number of this applica­
tion, 
(x) representations showing the design, 
(xi) inforJl1ation on whether a model has 
been-tlled, and 
(xii) information on whether the design is 
claimed registered in colours. 
15. (1) Dansk M0nstertidende« (the Danish 
Designs Gazette), cf. section 26 of this Order, 
shall contain information on the right of lodg­
ing opposition against the registration of a de­
slgn. 
(2) Oppositions and subsequent contribu­
tions from opponents and applicants shall be 
filed with the Registration Authority in dupli­
cate. . 
(3) The opposition shall state the grounds. 
16. If, during the examination ofa design appli­
cation, letters significant to the assessment of 
the application are filed outside the period 
prescribed for filing oppositions, the applicant 
shall be notified hereof. The person having 
filed such a letter shall be informed of the right 
of lodging an opposition whenever the design 
application may be published, unless the letter 
concerns better right in the design. IPINI1/DNK/D/2 
Page 5 
Part 4 
Register of Designs, etc. 
17. The Patent Office shall keep a register of the 
designs registered in this country. 
18. (1) Where there is a final decision to grant a 
registration of a design it shall be entered in the 
Register and a Certificate of Registration shall 
be submitted to the registration proprietor. 
(2) In the Register of Designs the following 
information shall be given: 
(i) the number of the application and the 
registration number ofthe design, 
(ii) the product or products for which the de­
sign is registered, 
(iii) the class or classes in which the design is 
placed, cf. section 27 of this Order, 
(iv) whether the design is registered as a 
model for the appearance of a product or 
an ornament, 
(v) the design proprietor's name or firm 
name and mailing address, 
(vi) where the design proprietor is rep­
resented by an agent, his name or firm 
name and mailing address, 
(vii) the design originator's name and mailing 
address, 
(viii) information on the date when: 
a) the application was filed or shall be 
considered filed, 
b) the documents of the application be­
came available to the public, 
c) the application was published, and 
d) the design was registered, 
(ix) if priority has been claimed under section 
8 of the Registered Designs Act, where 
the application claimed as a basis for 
priority has been filed and the filing date 
and number of this application, 
(x) a representation or representations 
showing the design, and 
(xi) information on whether a model has 
been filed. 
(3) Incase of joint registration all designs are 
assigned a joint registration number. 
19. (1) If, on the same date, several applicants 
have filed applications for registration of de­
signs not essentially differing from each other, 
this will be entered in the Register of Designs 
and on the Certificate of Registration upon reg­
istration. On entering the application number 
or registration number of the design or the de-IPINIlIDNK/D/2 
Page 6 
signs resembling the design included by the 
registration shall be entered. 
(2) Where an applicant on the same date has 
filed several applications for registration of de­
signs serving as model for the same product or 
similar products, this shall be entered in the 
Register of Designs and on the Certificate of 
Registration upon registration. The application 
number or registration number of the design or 
the, other designs shall be indicated upon entry. 
20. Publication of registration, cf. section 23(1) 
of the Registered Designs Act, shall contain in­
formation on the date of registration, the regis­
tration number and reference to the prior pub­
lication. 
21. When the Registration Authority receives 
information of a final decision on the actions 
referred to in section 42(1) of the Registered 
Designs Act, this shall be entered in the Regis­
ter. 
22. (1) An entry under section 27 of the Regis­
tered Designs Act concerning the transfer of 
the right to a registered design, grant oflicence, 
mortgage or effectuation of claims includes the 
name or firm name and mailing address of the 
holder of the said right and the time of the es­
tablishment of this right. As far as licenses are 
concerned, an entry shall be made, if so re­
quested, as to whether the right of the proprie­
tor of the registered design to grant additional 
licences is restricted. If the question of entering 
the transfer of a registered design or the grant 
of a licence cannot be decided upon immedi­
ately, it shall be stated in the Register that an 
entry has been requested. 
(2) Notifications with respect to changes re­
garding the agent or the name, firm name or 
mailing address of the proprietor of the utility 
model shall be entered in the Register. 
(3) A request for an entry as referred to in 
subsections 1 and 2 hereof shall be made in 
writing accompanied by proper documentation 
for such changes. 
23. (1) Where design registration has been 
renewed this shall be entered in the Design 
Register. 
(2) Publication of the renewal shall include 
information on number of the registration and 
the date of expiry of the registration period. (3) Where request for renewal of the registra­
tion has not been filed on expiry of the registra­
tion period, the Registration Authority shall 
send information to the registration holder or 
his agent hereof. The Registration Authority 
has no responsibility for failing information. 
24. (1) If the registration has ceased the design 
shall be deleted from the Register. 
(2) Where a design is deleted from the Regis­
ter or when the right in a registered design is 
transferred to another person through final and 
conclusive sentence, this shall be advertised. 
Part 5 
Other Provisions 
25. Sections 12 and 45 of the Registered De­
signs Act shall not be applicable against N or­
wegian and Swedish applicants or design pro­
prietors. 
26. Advertisements shall be inserted in Dansk 
M0nstertidende (the Danish Designs Gazette) 
issued by the Patent Office. 
27. Designs shall be registered in accordance 
with the current classification according to the 
Locarno Agreement of 8th October 1968, cf. the 
list of classes which has been adopted as ap­
pendix to this Order. 
28. Notwithstanding a design registration, spa­
rep arts and accessories for aircraft may be im­
ported into and used in this country for the re­
pair of aircraft belonging to another State being 
a party to the Convention of 7th December 
1944 on International Civil Aviation and en­
ther being a party to the Paris Convention for 
the Protection of Industrial Property of 20th 
March 1883 or having a design legislati 0 n 
which recognises creations made by nationals 
of another State which is a party to the first­
mentioned Convention and protects such cre­
ations by a legislation which is in principle in 
conformity with the Paris Convention. 
Part 6 
En try in to force 
29. This Order shall enter into force on 1st Ja­
nuary 1993. At the same time Order No. 465 of 
15th September 1976 by the Ministry of Trade on application and registration of designs shall 
be repealed. JP/N/lIDNKID12 
Page 7 
The Danish Patent Office, 23rd December 1992 
PER LUND THOFT 
/ Sonja Bjerregaard Christiansen 
1) The words »fees« and »fees« include the same concept as the words »duty« and »duties« in the Registered 
Designs Act. IP/N/lIDNKJD/2 
Page 8 
Class 1 -Foodstuffs. List of design classes, cf. section 27 of this Order 
Class 2 -Garments and sewing materials and trimmings for clothes. Appendix 1 
Class 3 -Articles for travelling, cases, sunshades and goods for personal use (not included in 
other classes). 
Class 4 -Brushware. 
Class 5 -Textiles in metres, foils or sheets of artificial or natural materials. 
Class 6 -Furniture and other housing equipment articles 
Class 7 -Household articles (not included in other classes). 
Class 8 -Tools and hardware. 
Class 9 -Boxes and containers for transportation or handling of goods. 
Class 10 -Watches and other measuring instruments, instruments for control and signalling. 
Class 11 -Decoration articles. 
Class 12 -Means oftransportation and hoists. 
Class 13 -Equipment for production, distri bution and transformation of electricity. 
Class 14 -Equipment for reception and reproduction of data, telecommunication equipment. 
Class 15 -Machines (not included in other classes). 
Class 16 -Photographic, cinematographic and optic articles. 
Class 17 -Musical instruments. 
Class 18 -Printing and office machines. 
Class 19 -Stationery goods and office articles, material for the use of artists and for teaching. 
Class 20 -Equipment for sales and advertisement, signs. 
Class 21 -Articles for games, plays and sports, tents. 
Class 22 -Weapons, pyrotechnic goods, equipment for hunting, fishing and extermination of 
vermin. 
Class 23 -Equipment for distribution of liquids and gasses, equipment for sanitation, heating, 
ventilation and air condition, solid fuel. 
Class 24 -Medical and laboratory equipment. 
Class 25 -Buildings and building units. 
Class 26 -Lighting apparatus. 
Class 27 -Tobacco and articles for smokers. 
Class 28 -Pharmaceutical and cosmetic articles and products, toiletware and instruments. 
Class 29 -Arrangements and equipment for the prevention of and protection from fire, for pro­
tection against and rescue in case of accidents. 
Class 30 -Articles and equipment for care and handling of animals. 
Class 31 -Machines and instruments for preparation offood and drinks (not included in other 
classes). 
Class 99 -Miscellaneous. 