 
  WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/SWE/D/1/Add.1 
6 February 2004 
 (04-0441) 
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 
 
SWEDEN 
 
Addendum
 
  The present document reproduces the text
1 of Act (2002:570), Amending the Design 
Protection Act (1970:485), 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 RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
SUÈDE 
 
Addendum  
  Le présent document contient le texte
1 de la loi (2002:570) portant modification de la Loi 
(1970:485) sur la protection des dessins et modèles, publiée le 30 mai 2002, notifiée par la Suède au titre de l'article 63:2 de l'Accord, pa r une communication du 29 janvier 2003. 
 
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 
 
SUECIA 
 
Addendum
 
  En el presente documento se reproduce el texto
1 de la Ley (2002:570) por la que se modifica 
la Ley de Protección de los Dibujos y Modelos ( 1970:485), publicada el 30 de mayo de 2002, que 
Suecia ha notificado en virtud del párrafo 2 del artículo 63 del Acuerdo mediante una comunicación 
de fecha 29 de enero de 2003. 
                                                      
 1 In English only./En anglais seulement./En inglés solamente. IP/N/1/SWE/D/1/Add.1 
Page 2  
 
  
The Government Offices         
Ministry for Justice Henry Olsson 
 
 
Act (No 2002:570) 
Amending the Design Protection Act (1970:485); 
issued on May 30, 2002. 
 
 
In accordance with the decision by the Parliament , it is hereby prescribed, as regards the Design 
Protection Act (1970:485), 
 
that Articles 6, 23, and 28 to 30 shall cease to apply 
that, in Articles 34 and 37, the word “go ods” shall be replaced by “product” 
that Articles 1 to 5, 7, 8, 10 to 14, 18, 20, 21, 24, 26, 27, 31, 32, 38, 39 and 42 to 44 shall read as 
follows, and that in the Act shall be inserted thirteen new Articles, numbered 1 a, 2 a, 3 a, 4 a, 7 a and b, 8 a to d, 
18 a and 31 a and b, reading as follows.  Article 1 
 
For the purposes of this Act:  1. design  means the appearance of the whole or a part of a product resulting from the features of 
the details of the product or of the details of the or namentation of the product, in particular as regards 
the lines, contours, colours, shapes, textures or materials; 2. product  means any industrial or handicraft  item,  including parts intended to be assembled 
into a complex product, packaging, get-up, graphic symbols and typographic type-faces, but 
excluding computer programs; 3. complex product  means a product which, through being composed of multiple replaceable 
components, can be disassembled and then reassembled. 
 
Article 1 a 
 
The person who has created a design (the designe r) or his successor in title, may obtain, through 
registration, an exclusive right to exploit the design according to this Act (design right). 
 
Article 2 
 
A design right can be obtained only if the design 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 the filing of the application for registrati on or, if priority is claimed according to Articles 8 
to 8 d,  before the date of priority. Designs shall be deemed to be identical despite existing differences 
if their features differ only in immaterial details.  
A design shall be considered to have an indivi dual character if the overall impression it produces on 
the informed user differs from the overall impressi on produced by any other design which has been 
made available to the public before the date i ndicated in the second Paragraph. In assessing whether 
the design has an individual character, the degree of freedom of the designer in developing the design shall be taken into consideration.  IP/N/1/SWE/D/1/Add.1 
 Page 3 
 
 
  
Article 2 a 
 
A design relating to a part of a complex product sha ll be considered to be new and having a individual 
character only if 
 
1. the component part or part thereof, once it has been incorporated into the complex product, 
remains visible during the normal use of that product, and 2. the design to the extent that it remains visible in  itself fulfils the requirements in Article 2 as 
to novelty and individual character. 
 
The term “normal use” shall mean the use by the end user, excluding maintenance, service and repair 
work.  
Article 3 
 
A design shall be deemed to have been made avai lable to the public if it has been published in the 
context of a registration procedure or otherwise.  The same shall apply if the design has been 
exhibited, used in trade or otherwise become known.  Notwithstanding the first Paragraph, a design shall not be deemed to have been made available to the 
public 
 1. if the circles specialised in the sector con cerned operating within the European Economic 
Area could not, in the normal course of business, reasonably have become knowledgeable of the acts 
mentioned in the first Paragraph befo re the date of the filing of the application for registration or, if 
priority is claimed under Articles 8 to 8 d, before the priority date, or 
2. if the design has become known for the sole reas on that it has been disclosed to a third person 
under explicit or implicit conditions that the design shall be kept confidential. 
 
Article 3 a  
 A design shall not be deemed to have been made av ailable to the public if it has become known within 
a period of twelve months preceding the date indicat ed in Article 2, second Paragraph, provided that 
the design has been made available to the public or has otherwise been made known  1. by the designer, 
2. by a third person as a result of information provided, or action taken, by the designer, or 
3. as a consequence of an abuse in relation to the designer. 
 References in this Article to the desi gner apply also to his successor in title. 
 
Article 4 
 
A design right shall not subsist  1. if the design is contrary to morality or public order, 
2. if in the design has been included, without author ization, a State coat of arms, a State flag or 
another State emblem, a State c ontrol or guarantee warrant, anothe r designation which alludes on the 
Swedish State and thereby gives the design an official  character, a Swedish municipal coat of arms or 
such an international designation which is prot ected under the Act (1970:498) on the Protection of 
Coats of Arms and Certain Other Official Designations , or anything that may be easily confused with 
a coat of arms, a flag, an emblem or a designation as referred to above, IP/N/1/SWE/D/1/Add.1 
Page 4  
 
 3. if the design is in conflict with another design th at was not available to the public prior to the 
date indicated in Article 2, second Paragraph, but th at was included in an application for registration 
in Sweden or at the Office for Harmonization of the Internal Market (Tra demarks and Designs) for 
which a prior filing or priority date applies provided that this design has then been made available to 
the public, 
4. if the design contains, without authorization 
 
(a) another person's trade name or trade symbol , protected in Sweden, or anything that 
can be perceived as a sign that has been, in  the course of business or trade activities, 
established on the market in Sweden for another person, 
(b) another person's portrait or anything that can be perceived as another person's family 
name, artistic name or similar name, unless the portrait or the name obviously relates 
to a person who is long deceased, 
(c) anything that may be perceived as the title of  another person's literary or artistic work 
protected in Sweden, where the title is distin ctive, or anything that violates another 
person's copyright in such a work or in a photographic picture which is protected in 
Sweden. 
Article 4 a 
 
A design right must not subsist in such features of the appearance of a product  
1. which are solely dictated by the technical function of that product, or 
2. which must necessarily be reproduced in their ex act form and dimensions in order to permit 
the product in which the design is incorporated or to  which it is applied to be mechanically connected 
to or placed in, around or against another product so  that either product may perform its function. 
 
Notwithstanding what is said in the first Paragra ph, item 2., a design right may subsist in a design 
serving the purpose of allowing multiple assembly or connection of mutually interchangeable 
products within a system consisting of modules.  
Article 5 
 The design right shall, with the li mitations contained in Articles 7 to  7 b, imply that no other person 
may exploit the design without the authorization by the holder of the design right (the design holder). The prohibition against exploitation comprises, in  particular, the manufacture, offering for sale, 
marketing, importation into and exportation from Sw eden, or the use of any product of which the 
design forms part or to which it is applied, or to keep in stock such a product for the purposes now 
mentioned. 
 A design right shall include any other design that does not produce, on the informed user, a different overall impression than that of the registered desi gn (scope of protection). In assessing the scope of 
protection, the degree of freedom of the designer in developing his design shall be taken into consideration. 
 
Article 7 
 
From the design right are excluded acts of exploitation   
1. that are carried out privately and for non-commercial purposes, 
2. that are carried out for experimental purposes, or  IP/N/1/SWE/D/1/Add.1 
 Page 5 
 
 
 3. that imply reproduction for the purposes of quota tion or teaching, provided that such acts are 
compatible with fair trade practice and do not undul y prejudice the normal exploitation of the design 
and, furthermore, are carried out on conditi on that mention is made of the source. 
 
Article 7 a 
 
From the design right is furthermore excluded th e equipment on ships and aircraft belonging to 
another State when these temporarily enter the territo ry of Sweden.  The same applies to importation 
into Sweden of spare parts and accessories for the pu rpose of repairing of such craft, as well as the 
execution of repair on such craft. 
 
Article 7 b 
 
The design right does not comprise the use of a prod uct if it has been put on the market within the 
European Economic Area by the design holder or with his consent. 
 
Article 8 
 
If a design has been included in the application fo r a design registration or for protection as a utility 
model in a foreign State party to the Paris Conve ntion of March 20, 1883, for the Protection of 
Industrial Property (the Paris Conven tion) and if an application for regi stration of the design is filed in 
Sweden within six months from the application in th e foreign State, the application in Sweden shall, 
for the purposes of Article 2, be considered as having b een made at the same time as the application in 
the foreign State (the priority date). The same shal l apply if the design has been included in such an 
application that has been made in a State or territo ry which is party to the Agreement Establishing the 
World Trade Organization (the WTO Agreement). 
 
The same priority may be enjoyed also on the basis of an application for registration which concerns 
any other State or any other territory if a corresponding priority on the basis of a Swedish application is granted where the earlier application has been ma de and if the legislation in force there in all 
essential features corresponds to the Paris Convention.  
An applicant who wishes to enjoy priority shall make a claim to th is effect in the application for 
registration. The applicant shall in that context indicate where and when the application was made on 
which the claim is based.  The app licant shall also, as soon as this can be done, indicate the number of 
the earlier application.  Article 8 a 
 
The Registration Authority may invite the applican t to prove, within a certain time, the priority 
claimed by filing the following documents.  1. A certificate about the name of the applicant a nd of the filing date, issued by the Authority 
having received the application. 
2. A copy, certified by the same Authority, of the application document and the picture attached 
thereto showing the design.  The time indicated in the invitati on must not expire earlier than three months from the filing of the 
application in this country. 
 IP/N/1/SWE/D/1/Add.1 
Page 6  
 
 Article 8 b 
 
Priority may be granted only on the basis of the fi rst application where the design has been included. 
 If the person who filed the first a pplication, or his successor in title, has filed later, with the same 
Authority, an application relating to the same d esign, the later application may be invoked as a basis 
for priority. This applies, however, only if the earlie r application has, when the later application is 
filed,  1. been withdrawn, removed from the files or reject ed without having been made available to the 
public, and 
2. not given rise to any remaining right based on it or  forming the basis for any right to priority. 
 Where someone has obtained a priority on the basi s of a later application according to the second 
Paragraph, the earlier application may no longer be invoked as a basis for priority. 
 
Article 8 c 
 
In the case of an application for a joint registration under Article 11, priority may be obtained for one 
or several of the designs.  
A priority may, in the case of such an application, be claimed from several earlier applications. This 
applies even if the earlier applications have been filed in different countries.  
Article 8 d. 
 If the provisions in Articles 8 to 8 c are not observed, the right to priority does not apply. 
 
Article 10 
 
Anyone wishing to apply for the registration of a design shall apply in writing to the Registration 
Authority. 
 
The application shall contain indications about who created the design and about the product or 
products to which the design is intended to be app lied or in which it is intended to be incorporated, 
and pictorial material showing the design. If registra tion is sought by a person other than the designer, 
the applicant shall prove his right to the design. 
 
If the applicant, before the publication of a design according to Article 18, files also a  model, the 
model shall be deemed to show the design.   The application shall furthermore in other respect s fulfil the requirements under such provisions as 
may be issued pursuant to Article 49. The appl icant shall also pay the application fees and 
supplementary fees as prescribed in Article 48. 
 
Article 11 
 
An application may include several designs if the products for which the designs are intended to be 
used or form part of belong to the same class. For the purpose of determination the class, the 
classification under the Locarno Agreement of Oc tober 8, 1968 Establishing an International 
Classification for Industrial Designs is part of Swedish law.   IP/N/1/SWE/D/1/Add.1 
 Page 7 
 
 
 Article 12 
 
The Registration Authority may invite an applican t who is not domiciled in Sweden to appoint a 
representative empowered to receive communications in the case and having his domicile in this 
country, and to notify the Authority about the repres entative. If the applicant does not comply with the 
invitation, communications may be served through the transmission of the document by mail to the 
applicant at his latest known address. A communicati on shall be deemed to have been served when 
this has been done.  
Article 13 
 
An application for registration shall be deemed to have been filed only when the applicant has filed 
pictorial material or a model showing the design.  At the request by the applicant, the design contai ned in an application may be altered where the 
design after the alteration preserves its identity and meets the requirements for protection under this 
Act.  
Article 14 
 
The Registration Authority shall examine whethe r the application fulfils the requirements under 
Articles 10, 11 and 13. The Registration Authority sh all furthermore examine whether the application 
concerns a design under Article 1, item 1,  and whet her there is an obstacle to a design right according 
to Article 4, items 1 or 2.  If the application does not fulfil the requirements unde r the first Paragraph, the Registration Authority 
shall invite the applicant to complete or amend hi s application within a certain time. The invitation 
shall contain information to the applicant that th e application may be removed from the files if he 
does not respond within the time indicated.  Where the applicant does not submit in due time a statement relating to the invitation under the 
second Paragraph, the Registration Authority sh all remove the application from the files. 
 
The Registration Authority shall reinstate an appli cation which has been removed from the files if the 
applicant, within two months from the expiry of th e time indicated in the invitation, completes or 
amends his application and pays the prescribed rein statement fee. An application may be reinstated 
only once.  
 
Article 18 
 
If the application documents are complete and the Registration Authority has not, on the basis of an 
examination according to Article 14, first Paragra ph, found any obstacle against the registration, the 
design shall be entered into the Register and a notice to that effect be published. 
 
Anyone who wishes to file an opposition against the registration shall do so in writing to the 
Registration Authority within two months from the date of the publication of the notice.  The Registration Authority shall inform the de sign holder about the opposition and give him an 
opportunity to file observations, if th e opposition is not ob viously unfounded. 
 If an opposition is withdrawn, the opposition procedure may nevertheless be completed where  special 
reasons exist.  IP/N/1/SWE/D/1/Add.1 
Page 8  
 
 Article 18 a 
 
An opposition may be filed only by  1. any person who considers himself to have a right  in the design, if the opposition is based on 
an obstacle against the design right under Article 1 a; 
2. any person who applies for or is the holder of the right, if the opposition is based on an 
obstacle against the design right under Article 4, items 3. or 4; 3. anyone who is affected by the right, where the opposition is based on an obstacle against the 
design right under Article 4, item 2. 
 
In other respects there is no limitation as re gards the possibilities to file an opposition. 
 
Article 20 
 Following an opposition, the Registration Authority sh all revoke, wholly or in part, a registration 
where an obstacle against registration existed under Articles 1 to 4 a and the obstacle still exists or 
where the registration has been effected in contravention of Article  13, second Paragraph. 
 The Registration Authority shall reject the oppositi on where no obstacle exists against the design 
right. 
 
A registration may be revoked in part only if the desi gn holder so requests or consents to a request to 
that effect and the design in its amended form main tains its identity and fulfils the requirements for 
protection under this Act.  
If the decision by the Registration Authority has taken le gal force, a notification to that effect shall be 
published. If the decision implies that the registration is invalidated wholly or in part, this fact shall be 
recorded in the Register.  
Article 21 
 The applicant may, where the d ecision goes against him, appeal against a final decision by the 
Registration Authority in a case concerning an a pplication for registration of a design. Any final 
decision relating to an opposition against a registra tion may be appealed by the design holder and the 
opponent where it has gone against the person w ho wishes to appeal. Where the opponent withdraws 
his appeal, the case may still be brought to a d ecision where there are special reasons for that. 
 
The applicant may appeal against a decision wher eby a request for reinstatement under Article 14, 
fourth Paragraph, has been rejected or a request for transfer under Article 17 has been approved. The 
person who has filed a request for transfer may a ppeal against any decision rejecting the request. 
 
Article 24 
 
The registration of a design is valid for one or more periods of five years, computed from the date of 
filing of the application for registration. A regist ration valid for a period shorter than twenty-five 
years may be renewed, upon request, for additional peri ods of five years up to a total term of 25 years. 
Each such period shall be computed from the end of the preceding period. 
 
As regards a design which relates to a part intended for the repair of a complex product so that it gets 
back its original look, the registration never lasts for more than at most three five-year periods.   IP/N/1/SWE/D/1/Add.1 
 Page 9 
 
 
 Article 26 
 
If the design holder has granted someone else the ri ght to exploit the design  (license), the licensee 
may transfer his right further only if th ere is an agreement to that effect. 
 
If the license forms part of a business activity, it ma y, however, be transferred together with the 
activity, unless there is an agreement to the contrary . In such a case, the tran sferor remains liable for 
the fulfilment of the license agreement.  
Article 27 
 
If a design right has been transferred to another pers on or a license has been granted or transferred, an 
entry to this effect shall, upon request and against the payment of the prescribed fee, be made in the 
Design Register. Where it is proved that a license reco rded in the Register has expired, the entry shall 
be removed. 
 
The provisions of the first Paragraph shall apply also  in relation to a right as provided in Article 32, 
second Paragraph.  If a joint registration has been effected, a transfer of  the design right shall be recorded only in relation 
to all the designs. 
 
As the design holder shall, for the purposes of lawsu its or other legal cases relating to the right, be 
deemed the person who was last recorded in  the Design Register in this capacity. 
 
Article 31 
 
A Court shall, upon the filing of an action in this respect, revoke, wholly or in part, a registration 
where an obstacle against the granting of a design right has existed under Articles 1 to 4 and the obstacle still remains, or where the registration h as been effected in contravention of Article 13, 
second Paragraph.  
A registration may, however, be revoked in part only where the design holder so requests and the 
design in its amended form maintains its identity an d fulfils the requirements for protection under this 
Act.  The registration must not be revoked on the ground that the person who has obtained the registration 
was entitled only to a part of the design right. 
 When the judgement has obtained le gal force, it shall be transmitted to the Registration Authority for 
recording in the Design Register.  
Article 31 a 
 An action for invalidation of a registration may be filed only by 
 1. any  person who considers himself entitled to the design, if the action is based on an obstacle 
against the design right under Article 1 a, 
2. any person who applies for, or is the holder of, the right, if the action is based on an obstacle 
against the design right under Article 4, items 3 or 4, 3. anyone who is affected by the right, if the ac tion is based on the existence of an obstacle 
against the registration under Article 4, item 2.  IP/N/1/SWE/D/1/Add.1 
Page 10  
 
 In all other cases an action may be brought by anyone  who suffers an injury from the registration. 
 An action based on any of the provisions in Article 4, items 1 or 2, may be brought also by a Public Authority appointed by the Government.  
An action referred to in the first Paragraph, item 1. shall be brought within one year from the time 
when the plaintiff had gained knowledge about the registration and the other circumstances on which 
the action is based. Where the design holder was in good faith when the design was registered or 
when the design right was transferred to him, an ac tion may not be brought later than three years from 
the registration. 
 
Article 31 b 
 
A Court may declare a design right to be invalid also after it has been te rminated or has been 
surrendered. 
 
As regards such an action, the provisions of Article 31 a shall apply.  
Article 32 
 
If a design has been registered for a person other th an the one who is entitled to it under Article 1 a, 
the Court shall, following an action in this respect by the person entitled to it, transfer the registration 
to him. Any action in this respect shall be brought within the period prescribed in Article 31 a, fourth 
Paragraph.  If a person, who has been deprived of a registrati on, commenced, in good faith, the exploitation of the 
design in the course of business activities in this co untry, or has taken significant measures in this 
respect, he may, against the payment of an equita ble remuneration and on othe r conditions considered 
reasonable, continue the exploitation or commen ce the intended exploitation while maintaining its 
essential features. The same right shall, under the corresponding conditions, be granted to any licensee 
recorded in the Register.  
A right as prescribed in the second Paragraph may be  transferred to another person only in connection 
with the business activity in which it was exploited or where the exploitation was intended to take 
place.  
Article 38 
 
If anyone exploits, in violation of Article 5, a desi gn included in an application for registration after a 
document showing the design has been made publicly available, the provisions on design infringement shall apply accordingly to the extent th at the application results in a registration. A 
criminal penalty may, however, not be imposed and compensation for injury on the basis of an exploitation which took place before a notice of  the registration was published according to 
Article 18, may be decided according to Article 36, second Paragraph. 
 The provisions in Article 36, third Paragraph, do not  apply if the action for compensation was brought 
no later than one year after the registration of the design.  Article 39 
 
If the registration of a design has been revoked or the design right has been declared null and void 
through a decision or a judgement having legal force, the Court may not adjudicate any sanctions or decide on other measures according to Articles 35 to 38.  IP/N/1/SWE/D/1/Add.1 
 Page 11 
 
 
  
If an action is brought for a design infringement an d the person against whom the action is brought 
claims that the registration be revoked, the Court sh all, upon his request, order the proceedings to be 
suspended until the question of the revocation of the registration has been finally decided. If the action 
in this respect has not been brought, the Court sh all, in connection with the order for suspension, 
prescribe a certain time for him within which such an action shall be brought. 
 
Article 42 
 
Anyone who wishes to bring an action for the revocation of a design registration or for the transfer of 
a registration, shall notify this fact to the Regist ration Authority and inform anyone who, according to 
the Design Register, holds a license for the exploitati on of that design. A licensee who wishes to bring 
an action for design infringement or for the resolution of a question as referred to in Article 41, first 
Paragraph, shall inform the design holder about this fact.  
The obligation to notify under the first Paragraph sha ll be considered to have been met when a notice 
has been sent in registered, pre-paid mail to  the address recorded in the Design Register. 
 If it is not shown, at the time when the action is brought, that a notification or a notice has been 
furnished according to the first Paragr aph, the plaintiff shall be given sufficient time for this purpose. 
Where he fails to comply in this respect in  time, his action shall not be admissible.  
 
Article 43 
 
Where there is not, under the Code of Judicial Pro cedure, any Court competent to consider an action 
concerning the entitlement to design, the revocation of  a design registration, the transfer of such a 
registration, the invalidation of a design registration under Article 31 b, a right as prescribed in 
Article 32, second Paragraph, a compensation under Ar ticle 40, second Paragraph or the resolution of 
a question under Article 41, the action shall be  brought at the District Court in Stockholm 
(Stockholms tingsrätt).  
Article 44 
 
Copies of judgements or final decisions in cases referre d to in Articles 16, 31 to 32, 35 to 38 or 41, 
shall be transmitted to the Registration Authority.  
----------------------------------------------------- 
 
 
1. This Act enters into fo rce on July 1, 2002. 
2. The new provisions shall apply also to designs wh ich are registered at the point in time of the 
entry into force or which are being registered on the basis of applications filed before that 
point in time, unless otherwise follows from what is prescribed below. 
3. Applications for registration which were filed before October 28, 2001, shall, as regards the 
registration procedures and the requirements fo r registration, be processed and decided upon 
according to the provisions previously in force. 
4. The provisions of Articles 2 a and 4 a shall not apply to designs which have been registered 
on the basis of applications filed before the entry into force. 
5. The question of the revocation of a registration of a design which has been registered under 
the previous provisions shall be considered  on the basis of the previous provisions. 
6. A design registration for which the term of prot ection of 15 years has expired before the entry 
into force but after October 27, 2001, may, upon request, be renewed for further terms of five IP/N/1/SWE/D/1/Add.1 
Page 12  
 
 years up to, in total, 25 years computed from the date of filing of the application for 
registration, if a request for renewa l is filed before December 31, 2002. 
7. If someone before the entry into force has co mmenced the exploitation of a design in a way 
which did not require the consent of the d esign holder under the previous provisions but 
which requires such consent under this law, he or she may, notwithstanding the new 
provisions, continue the planned activity. The sam e right has, under the same conditions, also 
anyone who has undertaken significant activities in order to exploit the design. 
 
____________ 