On March 7, the Committee’s Report 2001/02:121 on the implementation of the Designs Directive (98/71/EC) was handed over by the Swedish Government to Parliament. The Committee has proposed amendments to the Swedish Design Act. Apart from the amendments resulting from the Directive, it also proposes to simplify the Swedish Patent and Registration Office’s examination procedure. The amended act is expected to come into force on 1 July.
The Committee proposes the following amendments. The definition of "design" will be amended so that non-physical phenomena, for example graphic symbols (which includes the layout of a computer monitor) and typefaces can be protected. Definitions of "product" and "complex product" will be introduced, as well as a regulation governing when a part of a complex product can be considered to be new and have individual character.
Articles 6.2 and 6.3 of the Directive, which concern disclosure, will be implemented so that a one-year novelty grace period will be introduced. The scope of protection will be expressed in general terms instead of the present enumeration of the areas of protection. A person or entity applying for registration will no longer have to certify that the design is new. The Patent and Registration Office will only carry out a limited investigation of the applied design with the aim of examining whether the design corresponds to the definitions, whether it is contrary to public policy or morality and whether it contains any official symbol. It will no longer examine prior conflicting registrations. The possibility of revocation will be introduced for two months after registration. The term of protection will be extended from five years, with possible extensions for two more five-year periods, to one or more periods of five years up to a total term of 25 years. Another new aspect will be that a court may declare a design partially invalid.
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