In Finland's Design Act, a "design" is defined as "the external appearance of a product, either the product itself or its decorative features (derived from lines, contours, colours, shapes, weaving patterns, material features)". The term "product" here includes not only industrial or handicraft products, but also components of composite products, packaging, exteriors, graphic representations, printed typefaces, etc. However, thepartial design system has not been adopted, and it is not possible to register only part of a product as an independent design.
To be registered, a design must meet the requirements of novelty and originality (creativity). Novelty means that no identical design has been published to the publicbefore the filing date or priority date. Novelty is denied in Finland if the same design is publicly known anywhere in the world. Uniqueness refers tothe design giving a different overall impression compared to the design known to the public before the application for registration. When determining this originality, the degree of creative freedom in the product field to which the design belongs is also taken into consideration.
Furthermore, the Finnish Design Act also stipulates grounds for non-registration (requirements for which registration is not allowed). The main reasons for non-registration are as follows:
Things that do not meet the legal definition of "design" (for example, shapes determined purely by technical function)
Things that violate public order and morals
Items that may be confused with other people's official emblems, emblems, etc.
The design of the shape determined purely by the technical function of the product (shapes with only functional beauty are not protected)
Design consisting only of exact shapes and dimensions of mechanical joints (so-called "compatible parts") with other products (only shapes essential for connection)
Also, it is not possible to register a design that is substantially the same as a design that is already in the public domain, or a design that is the same as someone else's design that was previously registered in Finland. These will be rejected from the perspective of novelty and originality.
To obtain a design right in Finland, file an application for design registration with the Finnish Patent and Registration Office (PRH). Applications must be made in Finnish or Swedish. Online electronic filing is possible, and the fees are cheaper than filing by paper or email (see the reduction/exemption system below).
Documents and information required for application are as follows:
Name and address of applicant and creator (designer)
Drawings or photographs representing the design (visually showing the entire design)
Name of the product that is the subject of the design (specifying which product the applicant will use the design for)
If priority is claimed, country of first application, filing date, and application number
Proof of payment of prescribed application fee
If the applicant is not the creator himself/herself, Document certifying that the design has been inherited (deed of assignment, etc.)
In Finland, it is permitted to file multiple designs in one application (Multiple design application). When filing multiple designs at once, as a general rule, all designs must belong to the same or similar product classification (Locarno classification) (even if they are in different classifications, they can be included by adding a fee). A strategy to combine similar designs into one application is possible to reduce the number of applications, but this will incur additional fees for each design.
Agent/power of attorney: If the applicant does not have a residence in Finland (or within the EU/EEA), a Finnish agent (person qualified to act as an agent) must be appointed. If you are applying through an agent, you will need to submit aPower of Attorney as described below. A power of attorney can be submitted at the time of filing or in response to a notice from the Patent Office, and it only needs to be submitted within two months of receiving the notice.
Examination procedure: All design applications in Finland are subject to formal and substantive examination. Unlike Japan, there is no system for publishing design applications (a system where the contents are made public after a certain period of time after the application is filed), and there is no system for requesting an examination. Immediately after filing an application, an examiner starts examining the application, comprehensively checking formal requirements, presence or absence of reasons for non-registration, novelty/uniqueness, etc. Since the examination is automatic, there is no need for a separate request for examination, and the average processing time from application to registration is approximately 5 months.
Opposition: If the design is determined to be eligible for registration through examination, the contents will be published in the Design Gazette (application publication) before it is officially registered. A third party can file an opposition for two months from the date of public announcement, and it is possible for a third party to file an opposition against the announced design on grounds such as ``falling under the grounds for non-registration'' or ``lack novelty or originality.'' If no opposition is filed within the opposition period, or if the opposition is dismissed, the design registration will become final.
Final registration/registration fee: After passing the examination, the Finnish Patent and Registration Office will issue a notice (grant) of registration. At that time, you will need to pay the prescribedregistration fee. In principle, the registration fee must be paid within two months of the notification. In Finland, due to the 2019 fee revision, the previously required design publication fee (publication fee) has been abolished and is now integrated into the application fee. As of 2020, the basic application fee for online applications is set at 250 euros (300 euros for paper and email applications). Once registration is completed, aregistration certificate will be issued and design rights will be granted.
Finnish design rights protect the exterior design of a product that meets the above definition. Specifically, the appearance of industrial products and handicrafts, as well as decorative shapes, patterns, and colors applied to those products, as well as designs that create a sense of beauty through the visual sense, are protected. Protection may include the design of packaging and containers, graphic symbols and patterns on products, and typography (typeface design). Additionally, software screen designs (GUI) can also be protected as graphical representations.
Partial design: As mentioned above, Finland does not have a "partial design" system like Japan. Therefore, even if only a part of a product has a creative design, it is not possible to cut out only that part and register the design. If there is a part you want to protect, you need to file an application for that part itself as a "product" (for example, use the part itself as the product name, such as "automobile bumper"). Since the effect of a design right extends only to the registered "appearance of the product," it is necessary to identify the design of the product as a whole.
Scope of rights: Obtaining a Finnish registered design right gives you the right to stop the unauthorized commercial manufacture, sale, import, or export of products with the same or similar design. A "similar design" here refers to a design that is similar in overall impression to the registered design, and whether or not it is an infringement is determined by comparing the visual impression given by the counterfeit product. However, design rights do not extend to the technical functions of the product itself. Even if a design includes a shape that is essential for technical functionality, this is an area that should be protected by patents and utility models, not by design rights. Furthermore, parts such as connecting parts whose shape and dimensions are determined for technical reasons tend to be excluded from the monopoly of design rights.
In Finland, based on the EU Directive, there is a special provision that limits the protection period of design rights for repair parts (spare parts for the purpose of restoring the original appearance) of composite products such as automobiles (see below). In this regard, even if the design of a part of a composite product is purely cosmetic and has competitive importance, it is subject to protection, but parts that merely match the size and shape of the original product are effectively excluded from the scope of protection. Therefore, designs related to replacement parts for other companies' products cannot be monopolized for a long time by design rights.
Finnish design law provides an exception to the loss of novelty (grace period) in which publication prior to filing is considered to have lost novelty in certain cases. Specifically, in the case of a public announcement by the creator of the design (or his/her successor), or a public announcement made without permission by a third party against the will of the creator, the design will be deemed to have remained novel if the design application is filed in Finland within 12 months of the publication. For example, even if a designer publishes his or her design at a product launch or exhibition, or if a third party publishes the design without permission due to plagiarism or leakage, the designer is entitled to relief within one year from the date of publication.
In order to apply this grace period, you are required to declare the fact and date and time of publication at the time of application, and submit the prescribed certification documents (*Finnish law has detailed procedural regulations). A similar exception period (one year) for loss of novelty was introduced in the 2020 amendment to Japan's Design Law, but in Finland it is common in that it is a uniform 12-month grace period in both cases of self-publication and unauthorized third-party publication.
Please note that this exception does not apply if the application is filed after the grace period has passed or if it is simply prior use or publication by a third party. Even if it is published by someone else first, it loses its novelty after one year. In addition,even during the grace period, if someone else has independently created and applied for the same design, priority will be given to the first application, so it is recommended that you apply as soon as possible after your own publication.
The Finnish design system does not have an official fee reduction/exemption system (examination request fee, pension reduction measures, etc.) aimed at small and medium-sized enterprises such as those in Japan. Fees for design registration are fixed based on laws and regulations, and are applied uniformly to all applicants. However, as a procedural and operational consideration, there are cost reduction measures such as the following.
Online filing discount: Because electronic filing reduces the administrative burden, the basic fees for online design filing are set to be lower than for paper filing. As of the 2020 revision, the online application fee is 250 euros and the paper application fee is 300 euros, and this difference is effectively a discount. In addition, in the field of trademarks, it is mandatory to move to online procedures, and electronic filing is also recommended for designs.
Cost savings by filing multiple designs at once: It is possible to include multiple designs in one application, in which case an additional fee will be charged for each design, but the total cost will be lower than filing separately. For example, the basic fee covers one design, and additional design fees are added for the second and subsequent designs. If you want to obtain rights for multiple designs at the same time, you can use this system to improve efficiency in terms of both cost and effort.
Review of peripheral costs: As mentioned above, the Finnish Patent Office has recently abolishedpublication fees for design registration. This eliminates the separate fee that was previously required at the time of registration, reducing the burden on applicants. In addition, the registration fee has been integrated into the application fee, making it a one-stop service, simplifying the procedure.
In addition, the Finnish Patent Office (PRH) publishes a fee list on its official website, where you can check the amount of various fees for design registration, renewal, etc. Additionally, fees are subject to review from time to time, so it is important to check the latest fees at the time of application. A grace period and additional fees (described below) are also set for pension (renewal fee) payments, but these are provisions regarding additional costs in the event of a delay, rather than reductions or exemptions.
As mentioned above, the Finnish design system itself does not have any special exemption or exemption measures, but it is operated with consideration to the financial burden on applicants through digitization and the simplification of the fee structure.
If the applicant does not have a domicile or business office in Finland, appointment of a local representative is mandatory. In particular, applicants from outside the European Economic Area (EEA) must proceed through a representative in Finland or within the EEA. The agent will be a Finnish patent agent or lawyer, and if filing from Japan, the agent will be delegated to a local affiliated agent.
When appointing a representative, a Power of Attorney is required. The Finnish Patent Office's operations allow to be accompanied by a signed power of attorney at the time of filing or to be submitted after filing in response to an Office Action. Even if you omit the power of attorney at the time of application, there will be no procedural problem as long as you submit it within 2 months after receiving the notification from PRH. The power of attorney must clearly indicate that the applicant (right holder) is entrusting the procedure to the agent and must be signed. However, in Finland, it is generally not required that a power of attorney be authenticated (notary or consular), and only a signature is required to be valid.
Compared to the practice in Japan, it should be noted that in Finland you are required to submit the original power of attorney (in Japan, it may be possible to omit the power of attorney when filing electronically, but in Finland it is generally required to submit the power of attorney). Submissions may be accepted in scanned copies such as PDF files, but we will consider submitting original documents if requested by the Japan Patent Office. Although the format of the power of attorney is not specifically stipulated by law, information about the applicant/agent and matters of delegation (such as entrusting all design application procedures, etc.) are included. It is generally written in English or Finnish.
In summary, When filing a design application and maintaining rights in Finland, it is necessary to go through a local agent, and the legal requirement is to submit a power of attorney. This is a requirement for smooth procedures, and please note that if you do not submit an appropriate power of attorney within the deadline, the procedure may not proceed.
Finnish design applications require the submission of drawings or photographs that visually clearly represent the design. Since the novelty/uniqueness examination will be conducted based only on the submitted drawings, etc., it is important to have Illustrations that fully understand the characteristics of the design. The main points of drawing requirements are as follows:
Type of visual material: It can be a line drawing or a photograph. Color photographs and CG images are also acceptable as long as they are in a format that accurately shows the shape and pattern of the product. However, make sure the image is clear and has good contrast. If necessary, try to make the design stand out, such as by using a single color for the background.
Multiple perspective drawings: For designs of three-dimensional objects, it is recommended that drawings from multiple angles be submitted. In general, it is a good idea to prepare at least 6 + perspective views, such as front, back, side, top, bottom, and diagonal perspective views. Although Finnish law itself does not specify the number of drawings to be submitted, it is recommended that you attach enough drawings so that the examiner can understand the entire design.
One set of drawings for the same design: If multiple drawings are submitted for one design in one application, they mustall represent the same design. For example, it is not permissible for multiple drawings included in one application to each show different variations of the product design (in that case, it will be treated as a multiple design application). Each drawing complements each other, and if it is a three-dimensional object, it will provide information from all directions.
Drawing content restrictions: It is prohibited to add explanatory indications such as dimension lines, letters, numbers, etc. to the drawings. This is an operation in which only the design is shown and the necessary information is explained in the text section such as the application form. Also, make sure that no unnecessary objects or patterns are reflected in the background. Although the product name, etc. should be written on the application, it is not necessary to write the product name or purpose on the drawing itself.
Representation of parts: In Finland, which does not have a partial design system, it is generally not possible to make a partial claim in which a part of a drawing is drawn with uncontinuous lines (dashed lines) and that part is not included in the scope of the right. All parts drawn with solid lines are considered to be protected by design rights. However, when showing an environment unrelated to the product (for example, a diagram in which the product is combined with another product to show an example of how it is worn), it is practical to draw it with broken lines or shading to make it clear. In this case, the design of the product itself must be clearly drawn with solid lines.
Submission of actual material: In Finland, it is possible in exceptional cases to submit actual samples for designs of two-dimensional articles (e.g. fabric patterns). In this case, a separate "sample storage fee" will be charged. However, currently, high-quality image submissions are the mainstream, and physical submissions are a special case.
If the above drawing requirements are not met, the Patent Office may request amendments. For example, if the diagram is unclear or parts of the design are difficult to distinguish. In that case, please follow the instructions to replace or add drawings (A prescribed correction fee is also required for corrections). Submitting the appropriate drawings at the outset is a shortcut to smooth registration.
The duration (term of protection) of a registered design right in Finland is the first five years from the filing date. The design right owner can renew this five-year period up to four times if he/she wishes. Each renewal occurs every five years, and rights can be maintained for a maximum of25 years. After 25 years, design rights expire and the design becomes public domain.
Renewal procedures will be performed within one year before the expiration of the current term until the renewal deadline. In Finland, there is a set renewal fee payment period, and you can apply for renewal from the year before the expiry of the current five-year period. If you pay the renewal fee by the deadline, you will be granted an extension for the next five years. Even if the renewal deadline has passed, you can complete the renewal procedure by paying a late fee (surcharge) within 6 months after expiration. If the design right is not renewed within this six-month grace period, the design right will expire.
Special provisions for repair parts: Under the provisions of the EU Design Directive, in Finland the protection period of design rights is limited to a maximum of 15 years for parts of composite products (so-called spare parts) that are used for the purpose of restoring the original appearance of the product. This is a rule typically applied to automobile body parts, etc., and the purpose is to limit monopoly based on design rights for a certain period (15 years), after which it is possible for competitors to supply repair parts. Normal designs can be renewed for up to 25 years, but this type of part design cannot be extended beyond 15 years.
Pension (maintenance fee): Renewal fee (pension) to maintain design rights is paid every five years. Renewal fees are paid in full at the time of renewal application, and payments for the next five years are paid in advance. In Finland, fees do not increase in stages for each renewal, and are a uniform system, but this may change due to future legal revisions. Rights holders must manage renewal deadlines and ensure that they do not miss renewal notifications from the Japan Patent Office (information may arrive via an agent).
As mentioned above, design rights in Finland are protected for 5 years x maximum of 5 periods = 25 years. It is calculated that a design can be monopolized for a quarter of a century if it is not neglected in updating, but in fields where technological innovation and trends change quickly, the real value may fade before 25 years. It is a business judgment of the rights holder to maintain rights for a reasonable period of time.
If a design right is infringed in Finland, the right holder can seek redress through civil proceedings. The jurisdiction for lawsuits for infringement of design rights is the Market Court, which specializes in intellectual property cases. The Market Court is a special court that handles disputes related to intellectual property rights, competition laws, and market regulations as a first instance, and suits for injunctions and damages for infringement of design rights are, in principle, filed here. Appeals against market court decisions bypass the High Court and go directly to the Supreme Court.
Civil Remedies: The main remedies that a design right owner can seek in an infringement suit are injunctions (to stop infringing activities) and damages. An injunction is a court ordering an infringer to stop illegal production, sales, etc. In Finland, it is possible to request a preliminary injunction (temporary injunction) even before the judgment becomes final. Injunctions also include injunctions against third parties (intermediaries), for example, platforms and carriers distributing infringing goods can be ordered to cease their involvement. The court can impose a fineing if this injunction is violated, ensuring the effectiveness of the order.
Regarding compensation for damages, compensation for actual losses incurred due to infringement of design rights is permitted. Finnish law stipulates that the amount of compensation is considered based on the degree of intentionality or negligence of the infringer, and that the amount of compensation may be reduced if the infringer is only slightly negligent. If the infringement is intentional or grossly negligent, a wide range of damages can be claimed by the right holder, including lost profits and the equivalent amount of profits earned from the infringing product. Although Finnish law does not provide for compensation with punitive elements (a concept similar to punitive damages) where necessary, in serious cases there is a tendency to order large amounts of compensation in addition to the maximum fine (described below).
Proof and procedure: In a design infringement lawsuit, the plaintiff (design right holder) must prove the validity of its own design right and the fact of infringement by the defendant. Designs in Finland undergo a substantive examination before registration, so they are basically valid rights, but the defendant can also claim that the design registration is invalid (lack of novelty, etc.) as a counterclaim or defense. If the invalidity claim is accepted, the right is denied before the infringement occurs, and the defendant is exempted from liability. Decisions on the grounds for invalidation are made by the market court, and in some cases, the decision may be made in parallel with the Registration Invalidation Trial held by the Patent Office. Market courts are highly specialized, with judges and expert committee members familiar with technology and design involved in hearings.
Handling of infringing goods: The right holder who wins the lawsuit can request for the destruction or seizureof the infringing goods and their manufacturing equipment. In order to remove infringing products from the secondary market, the court can issue orders such as recalling and disposing of stocked products, and prohibiting re-export of imported products. These measures are established in the laws of each country based on the EU's Intellectual Property Rights Enforcement Directive.
In Finland, in addition to civil litigation remedies, public measures such as criminal penalties and customs enforcement (administrative measures) are available for intellectual property infringement.
Criminal penalties: If an act of infringement of design rights is committed intentionally, the infringer may be subject to criminal penalties. The Finnish Criminal Code positions intellectual property infringement as a type of crime against industrial property rights, and there is a provision for punishing malicious design rights infringers with either a fine or a maximum of two years' imprisonment (Chapter 49 of the Criminal Code stipulates the crime of industrial property infringement). In actual application, although this is not as common as counterfeiting or pirated copies of trademarks or copyrights, intentional theft of designs that causes business damage to others can result in criminal charges.
In Finnish criminal proceedings, the crime of infringement of a design right is treated as a private complaint and cannot be prosecuted unless the victim (right holder) makes a complaint. Therefore, if you wish for criminal prosecution, you must file a complaint with the police yourself and request an investigation. If the police conduct an investigation and the prosecutor decides to indict the case, it will be a criminal trial, and if found guilty, the above-mentioned penalties will be imposed. Even in criminal trials, rights holders who are victims can file claims for damages in ancillary private proceedings, which are adjudicated in conjunction with the criminal proceedings. If a criminal conviction is established, the infringer will also be obliged to compensate for the damage caused (the amount of compensation may be reduced in the case of slight negligence).
Customs border enforcement: Finland has adopted a common EU system for controlling products that infringe on intellectual property rights, and customs border enforcement of counterfeit products is available. A design right holder can applyto the customs authorities to stop the import and export of goods that are suspected of infringing on his or her design rights. Once the application is accepted, if customs discovers cargo that appears to be a counterfeit product of the target design during import/export inspection, customs clearance will be suspended or the cargo will be detained. When customs finds suspicious cargo, the rights holder and importer are notified, and within a certain period of time, the rights holder can seek an injunction from the court, or the parties can agree to destroy the cargo. Even if there is no formal application for injunction from the right holder, customs officers have the authority to voluntarily suspend customs clearance when they discover goods that are suspected of infringing intellectual property. In this way, a mechanism is in place for administrative authorities to prevent the distribution of counterfeit products at borders.
Finnish domestic law also has a provision for "administrative detention" in the Customs Act, which stipulates that customs may detain import and export cargo if there is a valid reason for preventing or investigating a crime. Although court procedures are required for final seizure and confiscation, it is possible to stop the shipment at the customs level to prevent further damage. For intellectual property rights holders, this border control measure is an effective means to prevent infringing products from reaching the market, and is especially important as a countermeasure against counterfeit products that are imported in large quantities.
Other administrative measures: Finland does not have any enforcement by administrative agencies specializing in infringement of design rights (for example, warnings from the Ministry of Economy, Trade and Industry as in Japan). However, if there is a problem from the perspective of consumer safety or product labeling, administrative authorities may take separate action (for example, ordering counterfeit products to be removed from the market if they do not meet safety standards). Intellectual property infringement is basically dealt with through a combination of civil, criminal, and customs measures.
Finland is a member of the international design registration system **The Hague Agreement (Geneva Act). Therefore, it is possible to file an international design application (Hague application)** with Finland as the designated country. Designs can be registered from Japan by designating Finland via The Hague, and Finnish applicants can also obtain protection in other countries through international applications.
Effect of a Hague application: A design registered in the International Register designating Finland has the same effect as a Finnish national application from the date of international registration granted by the International Bureau (WIPO). In other words, once the registration is completed in The Hague, it automatically gains the status equivalent to a design right in Finland. However, in order for the right to actually be maintained, the condition is that it is not rejected after examination by the Finnish Patent Office (PRH).
Examination of refusal: Finland is a country based on substantive examination, so international registrations via The Hague are examined using the same standards as domestic applications, and a notification of refusal is issued if the registration requirements (definition conformity, novelty, uniqueness, reasons for non-registration, etc.) are not met. The Finnish Patent Office is supposed to send a notification of refusal to the International Bureau of WIPO within 12 months after the Finnish Patent Office becomes aware of the publication of the international registration (published in the International Gazette), and if no notification is received within this period, the design will be protected in Finland. If a notice of reasons for refusal is issued, the right holder of the international registration (applicant) can respond by submitting a written opinion to the Finnish Patent Office within the specified period. If the objections are accepted in the written opinion, the refusal will be overturned and the international registration will be valid in Finland. If the response is insufficient and the refusal becomes final, the international registration will become invalid (have no effect) in Finland and this will be published in the Design Bulletin.
The term of protection and content of design rights obtained through The Hague are basically the same as those registered in Finland. By applying for renewal to WIPO as an international registration, you can renew it for all designated countries including Finland at once. Finland does not have to pay a separate pension, but it does pay international renewal fees to WIPO on a regular basis.
Relationship with the EU design system: Since Finland is a member state of the European Union, the territory of Finland can also be covered by the Registered Community Design (RCD), which is a design right that is valid throughout the EU. Design rights filed and registered with EUIPO (European Union Intellectual Property Office) are effective in all EU member states, including Finland. Designs registered at EUIPO are registered without examination (registered without substantive examination for novelty or uniqueness), but if a third party requests invalidation, the design will be examined. Even if rights are needed only in Finland, many companies choose EU designs because of cost and procedural efficiency. In fact, design registration at EUIPO usually takes about one month and costs are low, so it is common for Finnish companies to use EU designs rather than domestic designs.
However, as mentioned above, Finland's unique design system is characterized by thorough examination and long term of existence, and has the advantage of being granted high-quality rights, such as There is also an opposition system for domestic design registration. Therefore, a possible strategy is to file a Finnish domestic application for important designs, and also make use of complementary EU designs and Hague international applications. When a Japanese company seeks to protect a design in Finland, the options are to designate Finland via The Hague, obtain an EU design for comprehensive coverage, andto file a domestic application directly in Finland. It is a good idea to consider the best route depending on your purpose and budget.
In the above, we have explained each item of the Finnish design system. Finally, we will summarize the main items in a table to make it easier to compare with Japan.
| Item | Finnish design system |
|---|---|
| Registration requirements | ・Novelty (not known worldwide), originality (different overall impression)・There are reasons for non-registration such as purely functional shape and violation of public order and morals・No partial design system (registration of the entire product) |
| Application procedure | ・Apply to PRH (Finnish Patent and Registration Office) (Language: Fenlan/Ruidian)・Enter applicant/creator information, drawings/photos, product name, priority information, etc. in the application・Electronic filing possible (online fee discount available)・Multiple designs can be filed at once (additional fees apply) |
| Protected object | ・Includes a wide range of product external designs (lines, shapes, colors, patterns, material textures, etc.), industrial products, handicrafts, parts, packaging, shapes, typefaces, etc.・Shapes with only technical functions and shapes of connecting parts are outside the scope of rights |
| Exception for loss of novelty | ・Applications filed within 12 months of self-publication or unauthorized publication will not lose novelty.・Grace period period is uniformly 12 months (applies to both self-application and third-party applications).・Declaration/certification at the time of filing is required for application (subsequent proof) |
| Fees reduction/exemption system | ・No special reduction/exemption system (uniform fee structure)・Basic electronic filing fee is cheaper than paper filing (e.g. 250€ vs. 300€)・Design publication fee will be abolished in 2019 (integrated into application fee)・Cost efficiency can be achieved by filing multiple design applications (additional fee required) |
| Power of attorney (proxy) | ・Applicants outside the EEA must have an agent residing in Finland/EEA・Procedures via an agent require submission of a power of attorney・Power of attorney must be submitted at the time of filing or within two months after being notified by the office・Just a signature is valid (no notarization required), as a general rule, the original must be submitted |
| Drawing requirements | ・Drawings or photographs that clearly show the design are required・Submit drawings from multiple viewpoints (six views + perspective views recommended)・Text or dimensions are not allowed in the drawings (draw only the design)・As partial designs are not allowed, basically everything is drawn with solid lines (dotted lines are allowed for environmental parts) |
| Protection period | ・Renewable up to 5 years from the registration date x maximum of 5 terms = 25 years・Renewal fee must be paid at each renewal (deferral renewal possible for 6 months after the deadline)・Up to 15 years of protection for repair parts for composite products |
| Infringement lawsuit (civil) | ・Jurisdiction of the market court (specialized intellectual property court)・High compensation if the claim for injunction (including provisional disposition) and damage compensation is due to principal, intentional, or gross negligence, and consideration of reducing the amount of compensation if it is slight negligence・Injunction against third parties involved is also possible (ISP, etc.) |
| Administrative investigation (criminal/customs) | ・Intentional infringement is subject to criminal punishment (fines or up to 2 years in prison)・Criminal prosecution requires complaint from the right holder (operating as a criminal complaint)・Counterfeit goods border measures by customs (import suspension upon application)・Customs can detain suspect goods even ex officio |
| Relationship with international applications | ・Hague Agreement accession: Finland can be designated in international registrations・International registrations have the same effect as domestic applications (valid if not rejected within 12 months)・Rejection notification deadline is 12 months, written opinion can be submitted・EU design system available: RCD provides protection throughout the EU including Finland |
Makoto Endo “Intellectual Property Law in Finland” BLJ Law Office (2020) and others.
IP Guide: Industrial Design in Finland – Information provided by Patentia Oy (IP Coster, 2024) and others.
Patent Office "Finnish Design Law (Japanese provisional translation)" (reflecting the 2013 law amendments), etc.
Country Index – Finland (SMD Group, revised 2020) .
Boco IP (Finnish Patent Office) “Designs – Applying for and registering protection” (2021) .
Counterfeit product control based on Finnish customs law and EU regulations (BLJ Law Office materials).
Others: European Commission/EUIPO public information, JETRO/Japan Patent Office public materials, etc.
AUTHOR
Takefumi SUGIURA （杉浦 健文）
EVORIX Intellectual Property Law Firm Managing Patent Attorney
Supports clients across IT, manufacturing, startups, fashion, and medical industries, covering patent, trademark, design, and copyright filings through trials and infringement litigation. Specialized in IP strategy for AI, IoT, Web3, and FinTech. Member of the Japan Patent Attorneys Association (JPAA), Asian Patent Attorneys Association (APAA), and Japan Trademark Association (JTA).