WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACI6N MUNDIAL DEL COMERCIO 
Councll for Trade-Related Aspects 
of Intellectual Property Rights IPIN/llISLID/l 
11 November 1996 
(96-4764) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Iceland 
The present docwnent reproduces 1 the Design Protection Act, No. 4811993, as notified by Iceland 
under Article 63.2 of the Agreement (see docwnent IP/N/lIISL/I). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFIEES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
Islande 
Le present docwnent contient le texte1 de la Loi sur la protection des des sins et modeles 
(n 0 4811993), notifiee par l'Islande au titre de l'artic1e 63:2 de I' Accord (voir le docwnent IPINIIIISL/I). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
IsIandia 
En el presente docu~ento se reproduce 1 el texto de la Ley de Protecci6n de los Dibujos y 
Modelos N° 48/1993, notificada por Islandia en virtud de 10 dispuesto en el parrafo 2 del articulo 63 
del Acuerdo (vease el docwnento IP/N/lIISL/l). 
lEnglish only/anglais seulement/en ingles solamente. JP 1Nl I/JSL/DI 1 
Page 2 
Official Journal A, No. 4811993 
Design Protection Act 
THE PRESIDENT OF ICELAND 
hereby proclaims: The Icelandic Parliament, the Althing, has adopted this Act and I have 
confinned it with my consent: 
SECTION I 
General Provisions 
Article 1 
For the purposes of this Act, the word "design" shall mean the two-and threedimen­
sional appearance or composition of a product or its decoration. The Act does not extend to 
design where there is only one possible choice for the appearance or composition of a prod­
uct because of technical characteristics of the product. 
A designer or his successor in title is entitled according to the Act to acquire exclusive 
rights to a design which will be commercially exploited. 
Article 2 
Only designs which are distinctive shall be protected under this Act. 
A design is considered distinctive if it has not, before the date of reference referred to in 
Article 6, been made accessible to knowledgeable persons in the field concerned and, from 
the users' point of view, its overall impression differs significantly from designs with which 
they are already familiar. 
Article 3 
A design shall not be protected: 
1. if it, or its use, is contrary to law and order or accepted principles of morality, 
2. if it: 
a. involves unauthorised use of characteristics or marks which are referred to in Article 
117 of the Criminal Code or characteristics which are sufficiently similar to other 
marks or characteristics, to which others are entitled, that there is a possibility they 
may be confused with the design. 
b. involves unauthorised use of a national emblem, an official international symbol, the 
insignia of Icelandic local authorities or an official mark of inspection or qUality. 
Article 4 
Protection of a design may be obtained in two ways: 
a. through registration by application, as referred to in Article 14, 
b. by making the product, which is characterised by the design, accessible to the public. 
Article 5 
Registered protection of a design confers on its proprietor the exclusive right to pro­
duce, use for commercial purposes, place on the market, offer for sale or rental, export, IP/N/llISL/D/l 
Page 3 
import or stock a product which, from the users' point of view, has an overall impression 
identical or similar to that of the registered design. 
Unregistered protection of a design prohibits the production, commercial use, placing 
on the market, offering for sale or rental, importing, exporting or stocking of direct copies of 
the design without the authorisation of the proprietor. 
Article 6 
The date of reference for registered protection of a design shall be the date of filing in 
Iceland, subject to the fourth paragraph of Article 19. 
The date of reference for unregistered protection of a design shall be the date it was first 
made accessible to the public. 
Article 7 
Where a person applying for protection of a design in Iceland has, at any time during 
the six month period prior to the date of filing, applied for protection for the same design 
with reference to the law concerning protection of designs or law concerning utility models 
in a country which is a member of the Paris Convention for the Protection of Industrial 
Property, the application shall be considered to have been made at the same time as the pre­
vious application, provided that the applicant submits such request. Anyone who has applied 
for protection of a design in a State which is not a member of the Paris Convention is enti­
tled to the same right if the State concerned recognises the corresponding priority claim of 
an application made in Iceland and its law concerning protection of a design or protection of 
utility models is generally in accordance with the Convention. 
Article 8 
A design may be considered to possess a distinctive character, as referred to in Article 
2, even though it may have been made public within a 12 month period prior to the filing 
date (period of grace), provided this was the result of action taken by: 
1. the designer or his successor in title, 
2. a third party making use of information provided by the designer or information result­
ing from his actions. 
Article 9 
The right to protection of a design shall belong to the designer or his successor in title. 
Where two or more persons have jointly developed a design, the right to protection of 
the design shall belong to them jointly. 
If two or more persons have developed designs, independently of each other, which are 
similar or of the same type, and each of which complies with the requirements of Article 2: 
a. each of them shall enjoy protection as an unregistered design, but 
b. the right to registered protection of a design shall belong to the person who filed the 
first application for registration. 
Where the right of priority is clairned, as referred to in Article 7, the date of reference, 
in assessing the right to registered protection, shall be the relevant date of priority, subject to 
subparagraph b of the third paragraph of this Article. 
Article 10 
A case may arise where a third party has already made commercial use of the same or a 
similar design in Iceland for which another has obtained registered protection. He shall then IP/NIl/ISL/DI1 
Page 4 
be entitled to continue to exploit the design in the same manner provided that such use was 
in good faith and that his exploitation had begun prior to the filing of the application; The 
same applies to anyone who, in the same circumstances. had made extensive provision for 
the commercial exploitation of the design in Iceland. 
Entitlenlent under the preceding paragraph shall be considered an integral part of the 
business concerned and cannot be transfelTed separately. 
Article II 
If the right to protection of a design has been applied for by. or has been awarded to. a 
person. and another person considers himself to be entitled to protection of the design under 
Article 9. the latter nlay submit a claim to a court to have the registration transferred to his 
name. Where a person is jointly entitled to protection of a design he may claim to be regis­
tered as joint holder. 
Legal proceedings under the preceding paragraph nlay be instituted \vithin a period of 
two years from the date of publication of the registration in publication of the Registration 
Authorities, as provided for in the fifth paragraph of Article 13. This time limit shall not 
apply if the holder of the registered design knew that he was not legally entitled to protection 
of the design when it was registered by or transferred to him. 
The institution of legal proceedings under the second paragraph and the final decision 
shall be entered in the Register of Designs as provided for in the third paragraph of Article 
13. 
Where, as the result of a judgement pursuant to the first paragraph, the registered pro­
tection of a design is transfelTed, all licences and other rights are cancelled upon the registra­
tion of the new proprietor. Transfer of ownership shall be entered in the Register of Designs. 
If the registered proprietor of protection of a design or a licensee has exploited the 
design or made provision thereto prior to the institution of legal proceedings under the first 
paragraph, the person concerned is entitled to continue his exploitation provided he applies 
to the new registered proprietor for a general licence within two months' time. Such licence 
shall be issued for a reasonable length of time under reasonable conditions. 
The provisions of the fifth paragraph shall not apply if the registered proprietor or 
licensee exploited the design or made preparations for its exploitation in bad faith. 
Article 12 
If a product which makes use of a protected design is placed on the market by the pro­
prietor or with his consent, he may not take action to prevent its use, sale, rental, importa­
tion, exportation or distribution by other means. 
SECTION II 
Registration authorities, etc. 
Article 13 
All matters covered by this Act fall under the jurisdiction of the Minister of Industry. 
The National Patent Office is responsible for the implementation of the Act. The term 
'~registration authorities" refers to this Office unless otherwise provided for. 
The National Patent Office shall keep a Register of Designs which shall include the reg­
istered protection of designs for the entire country. The Register shall be accessible to the 
public. IP/NI 1 IISLIDI 1 
Page 5 
The Minister of Industry shall appoint a Committee of Appeal to deal with questions 
concerning design protection. The Committee shall issue a ruling in cases referred to it 
regarding decisions by the registration authorities. Further provisions regarding the 
Con1mittee shall be issued in a regulation. 
Registrations and notifications provided for by this Act shall be published in the publi­
cation by the National Patent Office. 
SECTION III 
Application, registration, etc. 
Article 14 
Written application for protection of a design shall be submitted to the National Patent 
Office. An application shall be accompanied by graphic or photographic reproduction of the 
design which shows clearly the design for which protection is sought. 
An application shall include the name of the designer. If the applicant is not the designer 
he shall prove his right to the design. 
An applicant shall pay the prescribed application fee. 
An application n1ay include a brief description of the design. The registration authorities 
n1ay also request that such a description be submitted. The description does not affect the 
scope of protection. 
A model of the design may be submitted. Where this has been done the model submit­
ted shall be authoritative regarding the appearance or composition of the design. 
Detailed provisions regarding the contents and presentation of applications shall be 
issued in a regulation. 
Article 15 
A proprietor of design protection, who is not a resident of Iceland, shall appoint an 
agent resident in Iceland to represent him in all matters concerning application and registra­
tion. 
The name and address of an agent shall be entered in the Register of Designs. 
Article 16 
The registration authorities shall classify the designs as provided for in the Annex to the 
Locarno Agreement which was originally concluded on 8 October 1968. Such classification 
shall not affect the scope of protection. 
Article 17 
Several designs which form a set may be combined in a single application. Each indi­
vidual design in a set must belong to the same underclassification under the Locarno 
Agreement as referred to in Article 16. Detailed provisions regarding multiple registration 
shall be issued in a regulation. 
Article 18 
A search may be required to determine whether a certain design is identical or similar to 
another design registered in Iceland or for which an application has been made and is acces­
sible to the public. 
If a search is demanded, as referred to in the preceding paragraph, at the time of filing 
of an application the registration authorities shall carry out the search with as much expedi-IP/N/1/ISL/D/l 
Page 6 
ence as possible and inform the applicant of the result. Should the condition referred to in 
the preceding paragraph apply, the application shall be refused. An application shall not. 
however. be elin1inated until the applicant has been given the opportunity. within a limited 
period of time~ of expressing his con1n1ents regarding the refusal. 
The prescribed fee shall be paid for a search under this Article. 
Article 19 
The registration authorities shall examine: 
a. whether an application complies with the requirements of Articles 1 and 3. 
b. whether an application complies with the requirements of Articles 14, 15 and 17. 
If the registration authorities consider that an application does not satisfy the require­
ments under sub-paragraph a of the first paragraph it shall be refused. A design shall not be 
eradicated from the Register of Designs. however. before the applicant has been given the 
opportunity. within a limited period of time, of expressing his comments regarding the deci­
sion of the registration authorities. 
If an application is not deemed to comply with the requirements of sub-paragraph b of 
the first paragraph, the applicant shall be notified thereof and given the opportunity to 
express his con1ments or correct the application within the prescribed tin1e limit. If anappli­
cant fails to submit his comn1ents or to take the n1easures required to correct the application 
within the prescribed time limit it shall be eliminated. 
If an applicant, following indications in accordance with the third paragraph, makes cor­
rections which the registration authorities consider as altering the substance of the applica­
tion, the date of reference of the application shall be the date on which the amendments were 
received by the National Patent Office. 
Article 20 
If an application complies with the prescribed regulations, the design which it covers 
shall be registered and the applicant sent a confirmation thereof. 
Registration of protection of a design shall be published in a special publication by the 
registration authorities. 
Article 21 
An application for protection of a design shall always be accessible to the public after 
six months have elapsed from the date of filing, or priority date where priority is claimed. 
After the registration of a design the application shall be accessible to the public. 
At the request of an applicant, registration may be postponed for up to six months from 
the date of filing, or priority date where priority is claimed. 
SECTION IV 
Term of protection and renewal 
Article 22 
A design which complies with the requirements of Article 2, shall enjoy protection 
without registration for a period of two years from the date of reference, as provided for in 
the second paragraph of Article 6, if it has been made public as the result of action taken by 
the designer or his successor in title. The same applies if the design was made public by a 
third party making use of information provided by the designer or information resulting from 
his actions. IP/N/IIISL/DIl 
Page 7 
Effective upon registration. any protection enjoyed by the sanle person for the same 
type of or a similar design is cancelled. 
If registered protecti()J1 of a design is subsequently cancelled or declared invalid, the 
unregistered protection does not come into force once nl0re. 
Article 23 
Registered protection of a design shall last for a period of five years from the date of fil­
ing of the application. subject to the fourth paragraph of Article 19. Registration may be 
renewed for periods of five years each up to a total term of protection of 25 years. 
Article 24 
An application for renewal. t,Jgether with the prescribed fee. shall be submitted to the 
registration authorities no earlier than three months before the period of registration ends and 
at the latest six months after its conclusion. 
If an application for renewal is not received by the registration authorities during the 
period refelTed to in the preceding paragraph the registratil)n shall be eradicated from the 
Register of Designs. 
Notification of the fact that the registration has been eradicated shall be published in the 
publication of the registration authorities. 
SECTION V 
Declaration of invalidity and the right of appeal 
Article 25 
Protection of a design may be declared invalid by court decision if: 
I. it fails to comply with the requirements of Articles 1 or 2. 
2. the provisions of Article 3 apply, or 
3. if the design infringes earlier intellectual property rights. 
Article 26 
The registration authorities may declare protection of a registered design invalid in 
accordance with a claim \vhich is based on the provisions of points 1 to 3 of Article 25 and is 
received by the registration authorities within two years of the date of registration. 
A claim as referred to in the first paragraph shall be Jnade in writing and include the 
grounds on which it is based. The prescribed fee for such a claim shall be paid. 
Where a claim of invalidity has been submitted the proprietor of the registered design 
protection shall be notified of the fact and given the opportunity to express his comments on 
the claim. 
Article 27 
Anyone with a legitimate interest at stake may initiate proceedings as referred to in 
Article 25 or apply for a declaration of invalidity in accordance with Article 26. 
Article 28 
If proceedings have been initiated in which a claim has been submitted to have the reg­
istration of design protection transferred to another name, in accordance with in the first 
paragraph of Article 11 ~ or to have a registered design declared invalid, in accordance with IP/N/1/ISL/D/l 
Page 8 
Article 25, the registration shall not be eradicated before the court proceedings have been 
concluded and a copy of the judgment received by the National Patent Office. 
Should the registration authorities reach the conclusion that a registration should be 
declared invalid it shall be eradicated. The parties concerned shall be notified of the invalidi­
ty of the design protection immediately. 
If the proprietor of a registered design protection notify in writing that he surrenders his 
design protection the registration shall be duly eradicated. 
Article 29 
Protection of a design, which has been declared invalid by decision of a court or of the 
registration authorities, shall be deenled not to have been valid ab initio. 
Article 30 
The parties concerned may refer a final decision of the registration authorities to the 
Committee of Appeal, as referred to in the fourth paragraph of Article 13. Notification of an 
appeal shall be received by the Committee of Appeal within two months from the date when 
the registration authorities notified the person concerned of the decision. The prescribed 
appeal fee shall be paid within the same period of time. If the fee has not been paid the 
appeal shall be dismissed. 
SECTION VI 
Transfer, licences, etc. 
Article 31 
Right to protection of a design may be transferred in conjunction with the business 
through which the design is exploited or independently. 
Where a business is transferred the transferee shall acquire the right to protection of a 
design which belongs to the business unless otherwise agreed. 
Article 32 
If the proprietor of design protection has authorised another person the commercial use 
of his design, the licensee may not transfer his right unless otherwise agreed. 
If a licence has been granted to an enterprise, the licence may be transferred together 
with the enterprise unless otherwise agreed. 
Article 33 
A licensee may, with the consent of the proprietor, initiate proceedings due to infringe­
ment of design protection. 
A licensee may intervene in an infringement action initiated by the proprietor of design 
protection, provided that the licensee shall be entitled to compensation for damages suffered 
by him or which he may suffer as a result of the infringement. 
Article 34 
Any change of right holders to the registered protection of a design shall be entered in 
the Register of Designs in accordance with the notification from the parties concerned and 
on the receipt of the prescribed fee. 
Transfer of a registered licence shall only be entered in the Register of Designs if the IP/NIl/ISL/DI 1 
Page 9 
I icensee proves that he has obtained the consent of the owner of the design protection for the 
transfer. 
If proof is subrnitted that a registered licence has been cancelled it shall be eradicated 
from the Register of Designs. 
In cases of multiple registration. any change of ownership shall not be entered in the 
Register of Designs unless it covers a design set in its entirety. 
Legal proceedings concerning design protection shall as a rule be initiated against the 
person listed as the registered proprietor in the Register of Designs and notifications of the 
registration authorities shall be sent to hirn and other parties to the proceedings. 
Any changes in the Register of Designs concerning proprietors or I icensees shall be 
published in the publication of the registration authorities. 
SECTION VII 
Punishment, sanctions etc. 
Article 35 
An injunction nlay be issued to put a stop to an action, which has already begun or 
which is clearly in the offing. and infringes or would infringe the right to a design. 
Article 36 
Any person who on purpose infringes against the exclusive rights c\.m\'eyed by the pro­
tection of a design shall be liable to a fine. Depending on the circumstances. punishment 
nlay take the form of detention or imprisonnlent for a period of up to three months. 
Fines in accordance with this Act nlay be applied to both legal entities and individuals. 
A fine may be levied on a legal entity regardless of whether or not an employee of the legal 
entity has been found guilty of an offence. If an employee of a legal entity has committed an 
infringement against this Act or rules issued in accordance with it. the legal entity may also 
be fined and deprived of its operating permit. provided that the infringement was to the 
advantage of the legal entity or that it has profited as a result. A legal entity is responsible 
for the payment of any fine which an employee may be sentenced to pay as the result of an 
infringenlent against this Act. provided that the infringement was in conjunction with his 
employment by the legal entity. 
Seizure of possession may be ordered. in accordance with the pro\'i~ions of the Criminal 
Code, in cases arising as the result of infringements against this Act of rules issue in accor­
dance with it. 
Legal proceedings under this Article shall be prosecuted according to the rules on crimi­
nal proceedings. 
Article 37 
Anyone who on purpose or through negligence infringes the right to design protection 
shall pay reasonable compensation for the exploitation of the design and for other damages 
which have resulted fronl his infringement. 
Anyone who has profited from an infringement of the right to design protection, even 
though such was neither done on purpose nor through negligence, shall pay reasonable com­
pensation. This compensation shall, however, not exceed the estimated amount of the profits 
reaped by the person at fault as a result of the infringement. IP/N/IIISL/D/I 
Page 10 
Article 38 
If the right to a design has been infringed, a court may prescribe measures intended to 
prevent further infringenlents of the design protection. A decision may demand that a prod­
uct. characterised by the design, be altered in a prescribed nlanner, that it be destroyed or 
turned over to the proprietor of the design protection. This shall not. however. apply to any­
one who has acquired the product in question in good faith or acquired custody of such and 
has not himself committed any infringement of design rights. 
Article 39 
Anyone who considers his interests to have been prejudiced has the right to initiate legal 
proceedings in accordance with the provisions of this Section. 
Proceedings under Articles 37 and 38 shall be prosecuted as civil suits but claims under 
Article 37 may also be submitted as criminal suits. 
SECTION VIII 
Miscellaneous provisions 
Article 40 
The Minister of Industry shall set detailed rules concerning the inlplementation of this 
Act and the fees prescribed. Such fees shall be calculated with reference to the cost of the 
service provided in each case. 
Article 41 
This Act shal1 come into force after one year has elapsed from its confirmation. 
Done at Reykjavik, 21 May 1993. 
Vigdis Finnbogadottir 
CL. S.) 
j()n Sigurusson 