Industrial design in Iceland: Guide to register

Iceland, despite being a small country, has certain advantages for developing an industrial design. Iceland has a long history of arts and crafts, with an emphasis on creativity and quality. This provides a solid foundation for the development of unique and innovative industrial designs. Iceland is investing in the creative economy, including the design sector. This creates an opportunity for designers to develop and commercialize their industrial design products. In order to be able to develop industrial design applications, the Icelandic government provides a number of support policies for small and medium-sized businesses, including those operating in the field of design. This can help designers access capital and other resources to develop their products. Therefore, Viet An Law would like to guide customers through the preliminary procedures for registering industrial designs in Iceland through the article below.

Legal Basis

• Law on Protection of Designs, No. 46 of 19 May 2001 (2008 consolidation version)

Definition of Industrial Design in Iceland

In Iceland, according to the Law on the Protection of Designs, No. 46 of 19 May 2001 (consolidated in 2008), a “style” is defined as:

“The appearance of the product in whole or in part due to the characteristics, namely the lines, borders, colors, shapes, textures and/or materials of the product itself and/or the decoration of the product.”

Conditions for registering an industrial design in Iceland

• Novelty: The design must be new, which means it has not been publicly available anywhere in the world before the filing date or priority date (if preference is required). Public disclosure includes any disclosure through publication, use, or exhibition.
• Individuality: The design should be personal, which means that it creates an overall impression to the knowledgeable user that is different from any other design that has been publicly announced. This review is based on the knowledge and perception of the user who is familiar with the relevant product field.
• Not Excluded by Law: Designs that are not excluded from registration by law. This includes designs that are contrary to public or ethical policy, or only include specifications.

Types of industrial designs that can be registered in Iceland

Application for Industrial design registration in Iceland

• Application Form: The application form includes the following information:
  • Name, address, nationality and contact information of the applicant (and representative, if applicable);
  • Title of industrial design;
  • Specifies the products to which the style will be applied (Product Type).
  • International Classification Code for Industrial Designs (Locarno Classification).
• Representative image of the style:
  • Drawings, photographs, or other graphic images of the design.
  • These images need to clearly represent all angles of the style (front, back, side, top, bottom, perspective, etc.).
  • A maximum of 7 images can be submitted.
• Priority documentation (if applicable): If a priority claim is from a previous application filed in another country, the applicant will need to submit a certified copy of the previous application.
• Power of attorney (if applicable): If the applicant files through a representative (e.g., attorney or intellectual property representative), the applicant will need to provide a power of attorney that allows them to act on behalf of the applicant.
• Other documents, if any:
  • Copyright claim (if the applicant is not the creator of the design).
  • The transfer document (if the rights to the design have been transferred).

Industrial Design Registration Fees in Iceland

Industrial design registration in Iceland under the Hague Agreement

What is the Hague Agreement on the Industrial design registration?

The Hague Agreement on the Industrial design registration (referred to as the Hague Agreement) is an international treaty administered by the World Intellectual Property Organization (WIPO). This agreement provides an international registration system for industrial designs that makes it easy for individual designers and businesses to protect their designs on a global scale.

Benefits of registering industrial design protection through the Hague Agreement

• Simple: Instead of having to file an individual application in each country, the applicant only needs to file a single application in one language (English, French or Spanish) and pay in one currency (Swiss franc) to apply for protection in multiple member states.
• Savings: Significantly reduces costs compared to filing individual applications in each country.
• Centralized Management: Easily manage the applicant’s portfolio of registered industrial designs through a single system.
• Flexibility: The applicant can choose the countries in which you want to protect your industrial design.

Dossier of registration for protection of industrial designs under the Hague Agreement

A dossier for registration of an industrial design under the Hague Agreement includes the following documents:

• International Registration Declaration:
  • The applicant completes the application according to WIPO’s prescribed form in one of three languages: English, French or Spanish.
  • In the application, it is necessary to clearly specify the application for protection under the 1999 Document or the 1960 Document of the Hague Agreement.
  • List the countries in which the applicant wishes to protect his industrial design.
• Images or drawings of the industrial design: the image needs to clearly and fully show the perspectives of the industrial design that the applicant wants to register. The applicant also needs to pay attention to ensuring the quality of good and clear images or drawings.
• Documentation of payment of fees: The applicant notes that the international registration fee should be paid in accordance with WIPO regulations.

If you wish to file an application for industrial design registration, please contact Viet An Law for the most effective support.

Update: 9/2024