Comprehensive Guide to Industrial Design Registration in Iceland
Industrial Design Protection in Iceland: Overview and Key Requirements
Iceland’s legal framework for industrial design protection is administered by the Icelandic Intellectual Property Office (ISIPO). The system emphasizes formal examination and provides clear procedures for filing, publication, and renewal. Below is an overview of the essential documents, procedures, and requirements for registering industrial designs in Iceland.
Authority:
- Icelandic Intellectual Property Office (ISIPO) , www.hugverk.is
Terms of Protection:
- The initial term of protection for an Icelandic industrial design is five years from the filing date. The registration may be renewed four times, up to a maximum of 25 years.
Filing Deadline:
- Paris Convention applications must be filed within 6 months from the earliest priority date.
Required Documents:
- Representations / Pictures
- Brief description
- Certified copy of priority document (DAS available)
- Ownership Statement / Employment Statement / Priority Assignment
Process & Procedure:
ISIPO conducts only a formality examination for industrial design applications. The application fee must be paid within 7 days from the filing date. The definition of an Icelandic industrial design refers to the visible appearance of a product or its parts, such as shape, configuration, pattern, or ornamentation. The design concerns products that are manufactured or handcrafted. Even if a product has a technical function, only its appearance is protected under industrial design law. The design may be two-dimensional or three-dimensional, and it must be novel and different from designs known on the filing date. The degree of difference is assessed on a case-by-case basis, depending on the designer’s freedom to create something new. For example, if the design is a tire tread pattern, the degree of design freedom is considered quite limited.
- An Icelandic industrial design may relate to a single product, a part of a product, or a series of products. Most importantly, the design images must be clear and show the design from different angles, without any additional features.
- ISIPO conducts search and examination only upon request, and corresponding search and examination fees must be paid.
- An Icelandic industrial design may be renewed for up to 25 years in total.
- After registration, all industrial designs are published in the Gazette. ISIPO does not set a specific opposition period, but any person may file a request for revocation at any time against a granted design. ISIPO will examine such requests and decide whether to reject or accept the revocation.
- Any decision made by ISIPO will be published in the Gazette and may be appealed to the Industrial Property Board of Appeal.
- Requirements for design images:
- Images must be in JPEG format.
- Each image should show the product from one single angle.
- Images should display only the product for which protection is sought, without any additional content, and preferably against a neutral background.
- If multiple images are submitted with the application, it is recommended that they be properly labeled.
- For applications containing multiple designs, each image should be numbered separately to clearly indicate which images belong to which design.
- A single industrial design application may include more than one additional design, provided that these products have the same or similar purpose and belong to the same class according to the Locarno Agreement. Examples of multiple registrations include:
- Furniture: tables, chairs, etc.
- Jewelry: rings, necklaces, bracelets, etc.
Grace Period for Novelty:
- A 12-month grace period applies for disclosures made before the filing or priority date of the application.
Grant and Renewal Maintenance Fee:
- The application fee includes the official fee for the first 5 years of protection. Subsequent renewal fees are due every 5 years, with the first renewal required within 5 years from the filing date.
Granting Time:
- The average time to grant for an Icelandic industrial design is 3 - 5 months.
Conclusion
Iceland’s industrial design registration system offers applicants a straightforward and transparent procedure centered on formal examination. With flexible renewal options and accessible post-grant remedies, it provides robust protection for both individual designers and companies seeking to secure their product aesthetics in the Icelandic market.
