 
  WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/SWE/D/2/Add.1 
6 February 2004 
 (04-0453) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
MAIN DEDICATED INT ELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
SWEDEN 
 
Addendum  
 
 The present document reproduces the text1 of Regulation (2002:572), Amending the Design Protection 
Regulation (1970:486), issued on 30 May 2002, notified by Sweden under Article 63.2 of the Agreement by means of a communication dated 29 January 2003.  
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMEN TATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NO TIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
SUÈDE 
 
Addendum  
 
 Le présent document contient le texte1 du Règlement (2002:572) portant modification du Règlement 
relatif à la protection des dessins et modèles (1970:486), promulgué le 30 mai 2002, qui a été notifié par la Suède au titre de l'article 63:2 de l'Accord par une communication datée du 29 janvier 2003.  
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relaciona dos con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NO TIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
SUECIA 
 
Addendum  
 
 En el presente documento se reproduce el texto1 del Reglamento (2002:572) por el que se modifica el 
Reglamento de Protección de los Dibujos y Modelos (1 970:486), publicado el 30 de mayo de 2002, que Suecia 
ha notificado en virtud del párrafo 2 del artículo 63 del Acuerdo median te una comunicación de fecha 29 de 
enero de 2003.  
                                                      
 1 In English only./En anglais seulement./En inglés solamente. IP/N/1/SWE/D/2/Add.1 
Page 2  
 
  
The Government Offices                                                                           
Ministry for Justice Henry Olsson   
 
 
Regulation (No 2002:572) 
Amending the Design Protection Regulation (1970:486); 
issued on May 30, 2002  
 
 The Government prescribes, as regards th e Design Protection Regulation (1970:486), 
 
that Sections 5, 8 to 11, 14 to 19, 22, 23, and 35 shall cease to apply 
that the headings immediately before Sec tions 8 and 15 shall be deleted  
that Sections 2 to 4, 6, 13, 20, 21, 24, 27, 29, 32, 34 and 36 to 38 shall read as follows and 
that seven new Sections shall be inserted into the Re gulation, numbered 28 a to 28 g, and that new 
headings shall be inserted immediately before  Sections 28 a and 28 b, reading as follows. 
 Section 2 
 
An application for the registration of a design sh all consist of a document in writing (application 
document) with annexes.  
The application document shall be signed by the applicant or his representative and contain 
 1. the name, domicile and address of the app licant and, where the applicant has a 
representative, the name, domicile and address of the representative 2. the name and the address of the creator of the design 
3. an indication of the product or the products in which the design is intended to be 
incorporated or be applied to, and about th e class under the Locarno Agreement of October 8, 
1968, Establishing an International Classification for Industrial Designs to which the product, 
according to the applicant, shall be assigned 4. if the registration is applied for jointly by several persons, an indication whether one of 
them is authorized to receive, for all of them, communications from the Registration Authority 
5. an indication of whether priority is claimed under to Article 8 of the Design Protection 
Act (1970:485) as well as an indication about where and when the earlier application was filed 6. an indication of whether the applicant re quests that the document showing the design 
shall be kept secret 7. an indication about how many periods of five years the application relates to, in case the 
applicant, under Article 24 of the Design Prot ection Act, applies for registration for several 
periods of five years 
8. an indication about the annexes that accompany the application. 
 As annexes to the application shall be attached  
a) pictorial material showing the design 
b) where the applicant has a representative, a power of attorney for the representative 
c) if the design has been created by a person other than the applicant, a document proving the 
applicant’s entitlement to the design. 
  IP/N/1/SWE/D/2/Add.1 
 Page 3 
 
 
 Application fees and additional fees as indicated in  Section 29 shall be paid together with the 
application.  
Section 3 
 Any application document and annexes shall be in the Swedish, Danish or Norwegian language. The 
Registration Authority may, however, in particular  cases decide that the indication of products shall 
be in Swedish.   If a document is filed in a language other than what is prescribed in the first Paragraph, first sentence, 
a translation shall be filed if the Registration Authority so requests. 
 
Section 4 
 
Pictorial material showing the design shall be filed in the number of copies decided by the 
Registration Authority and in a format not exceedin g A 4 (21 times 29,7 centimetres). If the format is 
a smaller one than A 4, one copy sh all be fixed on a white paper in fo rmat A 4. The pictorial material 
shall be suitable for reproduction in black and white in another format.  If the applicant files a model of the design, it shall be made of durable material and must not exceed 40 centimetres in any direction or weigh more than 4 kilograms. Objects that are liable to become 
putrid or are dangerous must not be filed as models. 
 If an application relates to several designs, distinct pictorial material shall be filed for each design. In 
the case of such an application, pictures and, wher e applicable, models shall be clearly marked with 
subsequent numbers. 
 
Section 6 
 
The Registration Authority keeps a diary of applica tions received for the registration of designs. The 
diary is open to the public.  
In the diary is recorded, in respect of each application, 
 
1. the filing date and the number in the diary 
2. the date on which pictorial material or a mode l showing the design was first filed, where 
this date is not the same as the filing date 
3. the product in which the design is intended to be incorporated or be applied to,  and the 
class to which the design shall, acco rding to the applicant, belong 
4. the name, domicile and address of the applicant 
5. if the applicant has a representative, the name, domicile and address of  the 
representative 6.  the name and address of the designer 
7.  if priority is claimed, an indication of wher e the earlier application was filed, the date of 
that application, and the number of the application 8.  an indication of the expiry date for the requested protection term  
9.  whether the applicant has requested that a document showing the design shall be kept 
secret 
10.  models that have been filed, communications that have been received and fees that have 
been paid in the case 11.  decisions taken in the case 
12.  postponements that have been decided unde r Section 28 f in an opposition procedure. 
 IP/N/1/SWE/D/2/Add.1 
Page 4  
 
 Section 13 
 
In the course of the examination under Article  14 of the Design Protection Act (1970:485) the 
Registration Authority shall take into consideration everything that has come to the knowledge of the 
Authority. 
 
The examination under Article 14 of the Design Pr otection Act concerning whether there is an 
obstacle to registration shall be conducted to the exte nt called for by the contents of the design and to 
the extent than can be carried out without a substan tial delay in the examination of the application.  
 Section 20 
 
The Register referred to in Article 18 of the D esign Protection Act (1970:485) – the Design Register – 
is kept by the Registration Authority.  
The Design Register and the diary referred to in Section 6 are kept by means of automatic data 
processing.  The Registers shall be kept at the Registration Authority.  
Section 21 
 
When a design is entered into the Design Register, it shall be given a registration number. In the case 
of a joint registration, all the designs shall be given a joint registration number. The holder of the 
design shall be presented a certificate of the registration.  
The Register shall contain 
 
1. the diary number of the application and the registration number of the design 
2. the name, domicile and address of the design holder and, where the holder has a 
representative, the name, domicile and address of the representative 3. the name and address of the designer 
4. an indication of the products in which the design is intended to be incorporated or 
applied to and about the class to which it has been assigned 5. an indication of the date 
 a) when the application for registration was filed or, according to Article 13, first 
Paragraph, of the Design Protection Act ( 1970:485) shall be considered to have 
been filed 
  b) when a document showing the design has been made publicly available 
 c) when the design was registered and was published 6. an indication of the expiry date for the registration 
7. an indication of priority claimed with an i ndication of where the application from which 
priority is claimed was filed, the date for that  application and the number of the application 
8. pictorial material showing the design 
9. an indication of whether a model has been filed. 
 
Section 24 
 If someone has given notice to the Registration Author ity that he intends to file an action for the 
revocation of a design registration or for a transfer of a registration, this fact shall be recorded in the 
Register.   IP/N/1/SWE/D/2/Add.1 
 Page 5 
 
 
 When a copy of a judgement or a final decision has been transmitted to the Registration Authority 
according to Article 44 of the Design Protection Act (1970:485) this fact shall be recorded in the 
Register. When the judgement or the decision has taken legal force, such an entry shall be recorded in 
the Register that the essential contents of the case can be obtained from the Register.  Section 27 
 
The publication of a notice about the renewal shall contain an indication about the registration number 
for the design, the first and the last date of the renewal period and about the name and address of the 
holder of the design. 
 
Publication of Notice of Registration  
 Section 28 a 
 A notice of registration under Article 18, first Pa ragraph, of the Design Registration Act (1970:485) 
shall contain  
1. the diary number and the registration number of the application 
2. the name and the address of the design holder and, if the holder has a representative, the 
name, domicile and address of the representative 
3. the name and address of the designer 
4. an indication of the product in which the design is intended to be incorporated or applied 
to, and about the class to whic h the design has been assigned 
5. an indication of the date when the applicati on was filed or, according to Article 13, first 
Paragraph, of the Design Protection Act (1970:485) , shall be considered to have been filed 
6. an indication of the priority requested a nd of where the earlier application to which 
reference has been made, was filed, the date  for that application and the number of the 
application 7. pictorial material showing the design 
8. an indication of whether a model has been filed 
9. an indication of whether the pictorial model was in colour 
10. an indication of the last date of the validity of the registration. 
 
Opposition Proceedings 
 
Section 28 b 
 
Any opposition against a registration, as well as later submissions from the applicant or the opponent, 
shall, together with any annexes, be filed in  three copies with the Registration Authority. 
 When an opposition is filed, it shall indicate the facts on which it is based. 
 Section 28 c 
 
If the opponent is represented by a representative, also a power of attorney shall be filed. 
 
Section 28 d 
 
The design holder shall receive copies of  all documents filed by an opponent. 
 If the design holder files observations relating to  the opposition, the Registration Authority shall 
decide whether further exchange of communications is necessary in the case. IP/N/1/SWE/D/2/Add.1 
Page 6  
 
 Section 28 e 
 
If a communication of relevance for the examination by the Registration Authority is filed in the course of the examination of the application for regist ration, the applicant shall be informed about this 
fact. If anyone has filed such a communication be fore the registration has been published, the 
Registration Authority shall, where the matter does not concern the entitlement to the design, inform 
him about the possibility to file an opposition.  
Section 28 f 
 If an opposition filed is based on Article 4, item 3. of the Design Protection Act (1970:485) the 
Registration Authority may postpone the examinati on of the opposition case until the design with the 
earlier application or priority da te is made publicly available. 
 
Section 28 g 
 
The decision by the Registration Authority in an  opposition procedure sha ll be published. If the 
decision implies that the registration is partly revoke d, the design in the new form shall be clear from 
the publication.  
Section 29 
 
The following fees shall be paid in respect of applications for registration of designs. 
 Application fee according to Article 48 of the  
Design Protection Act (1970:485) for the first 
period of five years         1 500 SEK                           
 Application fee  for every period of five years  
beyond the first one, where the registration relates to registration for several periods of  f i v e  y e a r s            2  2 0 0  S E K  
 
Additional fee  according to Article 48 of 
the Design Protection Act: 
a) class fee for each class to which the de- 
  sign is assigned, beyond the first one              500 SEK 
b) joint registration fee for each design 
  beyond the first one                    1 000 SEK 
c) storage fee for each model          500 SEK 
d) publication fee for each picture beyond 
  the first one                       200 SEK Reinstatement fee  according to Article 14,  
fourth Paragraph of the Design Protection Act                         500 SEK                            
 An additional fee shall, except as regards the publicati on fee, be paid also for each period of five years 
beyond the first one.    IP/N/1/SWE/D/2/Add.1 
 Page 7 
 
 
 Section 32 
 
Designs shall be assigned to classes according to the Locarno Agreement of October 8, 1968, 
establishing an International Classification for Industr ial Designs. The classification shall be available 
at the Registration Authority. 
 
Section 34 
 
Any model that has been filed with the Regist ration Authority according to Article 10, third 
Paragraph, of the Design Protection Act (1970:485) sh all be kept at the Registration Authority until 
five years have elapsed from the expiry of the regi stration. If the design holder has not, at the time of 
the expiry of the five year period, requested the model to be returned, the Registration Authority may 
destroy it.  
Section 36 
 
Any action based on any of the provisions in Article  4, items 1 or 2 of the Design Protection Act 
(1970:485) shall be brought by the public prosecutor.  
Section 37 
 When a judgement or a final decision in cases referred  to in Articles 16, 31 to 32, 35 to 38 or 41 of the 
Design Protection Act (1960:485) has taken legal force, the Court shall, as soon as possible inform the 
Registration Authority.  
Section 38 
 
The Registration Authority may issue further provision s concerning applications for registration, and 
the examination procedures relating to them, c oncerning cases relating to registered designs, 
concerning the Design Register and concerning the publication of notices in cases relating to the registration of designs.  
-------------------------------------------------- 
 1. This Regulation enters into force on July 1, 2002. 
2. The new provisions shall, subject to what is pres cribed below, apply also to designs which are 
registered at the time of the entry into fo rce or which are registered on the basis of 
applications which have been f iled before that point in time. 
3. The provisions previously in force shall apply to  applications for regist ration which have been 
filed before October 28, 2001.        
 
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