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Design Protection Regulation (1970:486)

Original Language Title: Mönsterskyddsförordning (1970:486)

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Application for registration and official register



§ 1 application for the registration of designs shall be submitted to the patent and

Registration Office (Registrar).



section 2 of the application for registration of the design shall consist of a

letter (application) with attachments.



The application document shall be signed by the applicant or

his representative and must contain



1. applicant's name, domicile and address and, if the applicant

represented by an agent, including agent's name, domicile and address;



2. name and address of the designer,



3. indication whether the product or products which the pattern is

intended to be used on, or included in, and if the class as

Locarno Agreement of October 8, 1968, establishing

an international classification of mönster1 to which

the product shall be assigned according to the applicant,



4. when registration is sought by several common,

whether any of them are appointed to all receive

messages from the Registrar,



5. indication of whether the priority according to § 8 designs Protection Act

(1970:485) is requested and a statement of where and when the previous

application has been made,



6. whether the applicant requests that a document showing

the pattern must be kept secret,



7. how many five year terms sought, if

the applicant under section 24 designs Protection Act applies for registration

for several periods of five years,



8. an indication of any documents to be attached to the application form.



As attachments to the application document shall be annexed



a) representation or representations of the design,



b) if the applicant is represented by an agent, power of Attorney,



c) if the pattern created by a person other than the applicant, document

proving the applicant's right to the pattern.



With the application specified in section 29 of the application and

additional charges be filed. Regulation (2002:572).



section 3 of the application document and attachments shall be written in

Swedish, Danish or Norwegian. The Registrar may, however,

for the particular case determine that the task should be written on

Swedish.



Is filed document written in a language other than that applicable under the

the first point, the translation is filed, if

the Registrar requests. Regulation (2002:572).



section 4 representation or representations of the design shall be filed in the number of

copy the Registration Committee determines and in format

not exceeding A4 (21 x 29.7 cm). The format is less than

(A) 4, a copy shall be mounted on white paper in format

(A) 4. The picture material shall be suitable for reproduction in black-

White in different size.



If the applicant provides a model of the pattern, it shall be of

durable material and must not exceed 40 cm at any

led or weigh more than 4 kilograms. An object that can

förskämmas or dangerous must not be used in that model.



Includes an application several patterns, especially image material

be submitted for each design. Upon such application, the images and, in

where appropriate, the models must be clearly marked with continuous

number. Regulation (2002:572).



section 5 was repealed by Regulation (2002:572).



section 6 of the Registration Committee to register over incoming

applications for the registration of designs. The registry is available

for the general public.



In the registry shall be recorded for each application



1. the filing date and reference number,



2. date image material or model showing the pattern first

was filed, if the date does not coincide with the date of filing,



3. product design is intended to be used on or included in the

and the class to which the pattern should be assigned according to the applicant,



4. the applicant's name, domicile and address;



5. If the applicant is represented by an agent, the agent's name, domicile and

address,



6. the designer's name and address,



7. If priority is claimed, where the referenced previous application has

been made, the date of this application and the application number,



8. the last day of validity of the requested

the protection period,



9. If the applicant has requested that the document showing the pattern shall

be kept secret,



10. model submitted, letters submitted and

fees paid on this subject;



11. decisions taken in the matter,



12. suspension as referred to in section 28 (f) given in a

the opposition case. Regulation (2002:572).



paragraph 7 of the Report that the designs applied for registered switched to other,

He is recorded as applicant in the records of proof only of the transition.



section 8 Has been repealed by Regulation (2002:572).



9 repealed by Regulation (2002:572).



section 10 is repealed by Regulation (2002:572).



repealed by section 11 of the Regulation (2002:572).



Sharing



12 § Includes an application, the applicant may divide the application several patterns in

several applications, which shall be deemed to be made at the same time with the

initial application for authorization.



Processing of registration application



section 13 Upon review under section 14 of the design Protection Act (1970:485)

the Registration Committee takes into account everything that the Agency has

knowledge of.



Examination under section 14 of the designs Act of about barriers to

registration exists in the scope of

the contents and to the extent that it can be done without

the processing of the application considerably delayed.

Regulation (2002:572).



14 repealed by Ordinance (2002:572).



15 repealed by Ordinance (2002:572).



16 repealed by Regulation (2002:572).



section 17 was repealed by Regulation (2002:572).



section 18 is repealed by Regulation (2002:572).



§ 19 is repealed by Regulation (2002:572).



The register, etc.



section 20 of the register referred to in section 18 designs Protection Act

(1970:485), the register, kept by the Registrar.



The register and the register referred to in paragraph 6 are implemented with the help

of automated processing.



The registers shall be available at

the Registration Committee. Regulation (2002:572).



20 a of the register and the register referred to in section 6 shall

give the public the information contained in the records.



In the case of personal data, the records shall be conducted for the

provide information for



1. business, credit, insurance or

other public or private activity where the registered

the information forms the basis for trials or decision,



2. acquisition, lease or disposal of property

registration or of activities related to such

property,



3. the updating, completion or verification of information

contained in the customer or Member Directory or similar

Register,



4. fulfilment of the obligation arising from a for Sweden

binding international commitments, or



5. activities for which the State or a municipality is responsible according to

the law and



(a)) relating to activities related to property

to be registered,



(b)) to be performed requires access to

registered information, or



c) relating to the performance of the obligation.

Regulation (2001:776).



20 b of the Registration Committee is responsible

According to the personal data Act (1998:204) for the register and

the official register referred to in section 6. Regulation (2001:776).



section 20 (c) the Registration Committee shall ensure that there

arise any undue interference with the rights of data subjects

personal integrity or any risks from

the point of view of safety. For these purposes, the authority may in individual

cases set up conditions for the processing of personal data.

Regulation (2001:776).



20 d section the Registrar may for the purposes referred to in

20 a of the permit direct access to mönsterrregistret and it

official register referred to in section 6. Regulation (2001:776).



20 e § provisions of the personal data Act (1998:204) about

rectification and Indemnity apply to the processing of

personal data under this regulation. Regulation (2001:776).



20 f § To decisions correcting or refusal of

information pursuant to section 26 of the personal data Act (1998:204),

be appealed to the Administrative Court follows from section 22

administrative law (1986:223). Regulation (2001:776).



section 21 When designs are included in the designs register, is allotted a

registry number. At the case is assigned to all patterns

a common registration number. The registered owner of the design shall be submitted to

proof of registration.



The register shall contain



1. the registration number and the registration number,



2. pattern holder's name, domicile and address and, if

the registered owner of the



represented by an agent, the agent's name, domicile and address;



3. the designer's name and address,



4. indication of the product in which the pattern is intended to be used

on, or included in, and if the class to which it is assigned,



5. the date



(a) where the application for registration was filed) or under section 13, first

subparagraph designs Protection Act (1970:485) shall be deemed to be made,



(b)) when the document showing the pattern became widely available,



c) then the design was registered and published,



6. indication of the registration's expiration date,



7. indication of the claim of priority indicating where the

the priority date of the application, the Foundation made this application

as well as the number,



8. graphic representations of the design,



9. indication of whether the model submitted.

Regulation (2002:572).



section 22 is repealed by Regulation (2002:572).



section 23 Has been repealed by Regulation (2002:572).



section 24 has anyone notified to the Registrar, that he

to bring an action for cancellation of the registration or the

transfer of registration, be recorded in the register.



When the transcript of the final decision or sent to

registration authority according to § 44 designs Protection Act

(1970:485), it is recorded in the register. When the judgment or decision


become final, made such a note to the principal

the outcome of the case can be seen by the register.

Regulation (2002:572).



section 25 of the Act under section 27 of the Note patterns (1970:485) shall specify

the indication of the name, domicile and address and date of release or

grant. On request, regarding whether the license is recorded

pattern holder's right to grant further licences have been limited.



Can ask for recordal not immediately settled, yet in the registry

It should be noted that note has been requested.



A design right has been imposed, subject to lien or utilised

by payment assurance, recorded the following notification in the register.



Amendment concerning the agent recorded in the registry. Regulation

(1981:1016).



According to section 26 of the 33 executives Reporting pattern of designs Protection Act

(1970:485) that he renounces the design right and license registered in

the registry, the licensee is informed and reasonable notice shall be given

him to respect their interests in the matter, before the pattern cancelled

from the register.



section 27 of the public notice for renewal shall contain the

the registration number, initial and renewal period

an expiry date as well as pattern holder's name and address.

Regulation (2002:572).



section 28 of the registration Has expired, the authority shall cancel

the design from the register.



Has been removed from the register or designs registration been transferred

on the other, by a final judgment, the Registrar

issue a proclamation to that effect.



Order on registration



28 a of the Decree on the registration under section 18, first paragraph

Design Protection Act (1970:485) shall include



1. the registration number and the registration number,



2. pattern holder's name, domicile and address and, if

the holder is represented by an agent, the agent's name, domicile and

address,



3. the designer's name and address,



4. indication of product design is intended to be used on

or form part of, and if the class to which the pattern entered,



5. an indication of the date on which the application was filed or in accordance with section 13

the first subparagraph shall be deemed to be made, design protection act



6. indication of the claim of priority and on where the referenced earlier

application was made, the date of this application and the

number,



7. graphic representations of the design,



8. indication of whether the model is filed,



9. indication of whether the artwork is done in color,



10. indication of the expiry date of the registration.

Regulation (2002:572).



Opposition procedure



28 b of the notice of opposition against registration and subsequent letters from

pattern management and objector (s) shall be given, together with annexes

submitted to the registration authority in triplicate.



If objection is made, the grounds for the objection stated.

Regulation (2002:572).



28 (c) § If the opponent is represented by agent, power of Attorney for

Attorney be filed. Regulation (2002:572).



28 d section the registered owner shall be sent copies of all

letters from the opponent.



If the registered owner comes in with observations on the objection,

the Registration Committee will decide if further correspondence

required in the matter. Regulation (2002:572).



section 28 (e) If, during the examination of application for registration

Enter a letter of importance for the examination to

the Registrar, the applicant shall be informed of it.

Has anyone sent such a letter before the registration has

published to the Registrar, unless they are

If better right to the design, make him/her aware

the ability to make the complaint. Regulation (2002:572).



section 28 (f) If a manufactured complaint based on section 4 of 3

Design Protection Act (1970:485), registration authority

shoot up the treatment of the opposition case until

the pattern of the earlier filing or priority date

becomes generally available. Regulation (2002:572).



28 g § the latter decision in an opposition case

shall be published. The decision means that the registration is terminated

in part, the pattern in the modified form must appear on

Proclamation. Regulation (2002:572).



Fees



section 29 Charges in cases involving application for registration of the

patterns must be paid with the following amounts.



1. Application fee pursuant to § 48 designs Protection Act

(1970:485) for the first five-year period from 1 900 kr



2. the application fee for each five-year period, in addition to

the first, in case of an application for registration for several

five-year periods, 2 500 kr



3. the surcharge pursuant to § 48 designs Protection Act



a) class fee for each class to which the pattern

are assigned in addition to the first 500 kr



b) samregistreringsavgift for each design in excess of

the first 1 400 SEK



c) storage fee for each model 800 kr



d) release fee for every image in addition to the first 200 kr



4. Reinstatement fee referred to in section 14, fourth paragraph

Design Protection Act 500 kr



The additional fee shall, except as regards the release fee,

is also paid for each five-year period in addition to the first.

Regulation (2009:1576).



section 30 of the Fees in cases relating to registered designs,

the following amounts will be paid.



1. Renewal fee pursuant to § 48 designs Protection Act

(1970:485) per period of five years, 2 500 kr



2. Additional fee according to the same paragraph when applying

for renewal



a) class fee for each class to which the pattern

are assigned in addition to the first 500 kr



b) samregistreringsavgift for each design in excess of

the first 1 400 SEK



c) storage fee for each model 800 kr



d) If a renewal fee is paid after the end of

current registration period 500 kr



3. the application for recordal of the new holder or

licens 900 kr

Regulation (2009:1576).



30 (a) of the cases in connection with the Council Regulation (EC) no

6/2002 of 12 december 2001 on Community designs shall

fees paid to the Swedish Patent and registration office with

the following amounts.



1. the application for a community design pursuant to article

35(2) of Regulation 500 kr



2. the certificate referred to in article 78(5) of regulation 1 200 kr

Regulation (2009:1576).



section 31 fee, which is non-paid on time or paid with

insufficient amount of money so that the payment cannot be accepted,

will be refunded.



Other provisions



32 § Patterns are graded according to the Locarno Agreement

of 8 October 1968 establishing international

classification of patterns. Class division shall be held

available from the Registrar.

Regulation (2002:572).



33 § Announcements in pattern defence cases is introduced in one of

the Registrar published publication.



34 § model which has been submitted to the Registrar

According to section 10, third paragraph designs Protection Act (1970:485)

stored at the authority until five years after the

that the registration has expired. Has the registered owner at

the five-year period, not asked to bring back the model,

the Registrar may destroy it.

Regulation (2002:572).



repealed regulation 35 (2002:572).



section 36 actions based on any of the provisions of paragraph 1

or 2 pattern Protection Act (1970:485) kept by the Prosecutor.

Regulation (2002:572).



37 § When the final decision or in the case referred to in 16, 31-32,

35-38 or 41 § designs Protection Act (1970:485) final

force, the Court shall, as soon as possible, inform:

the Registration Committee. Regulation (2002:572).



section 38 the Registrar may notify the details

If the registration application and the handling of the case,

concerning the registered design, if the design register, and if

proclamations in pattern protection cases. Regulation (2002:572).



Transitional provisions



1970:486



This Decree shall enter into force on 1 October 1970.



By the proclamation were repealed



the proclamation (1899:94 p. 1) concerning the nature of the documents in the

matters relating to the registration of designs and models shall be submitted,



the proclamation (1899:94 s. 4) if the Chairman of the register designs etc.



They repealed the announcements, however, still in cases where

the registration application was made prior to 1 October 1970.



1981:1016



This Regulation shall enter into force on 1 January 1982. What is said about

attachment in section 25 of its new wording also applies to restraint on alienation which has

granted prior to the entry into force.



2002:572



1. This Regulation shall enter into force on 1 July 2002.



2. The new provisions shall also apply to patterns that are

registered at the time of entry into force or which

recorded on the basis of applications made before then,

subject to the provisions below.



3. Older provisions shall apply to

registration applications have been submitted before 28 October

2001.