Report on Denmark- O/o. CGPDTM Cooperative Program on Best Practices Exchange in Design Examination

The Cooperative Program on Best Practices Exchange in Design Examination was held virtually on November 13, 2024, from 3:00 to 4:30 p.m. (IST). Participants included senior officials and examiners from the Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM), India, and representatives from the Danish Patent and Trademark Office (DKPTO).

Key Discussions:

Presentations by the Indian and Danish sides on design examination procedures and the Hague Agreement:

The Indian delegation presented the design registration process under the Designs Act, 2000, and Designs Rules, 2001. Applications can be filed at four IP offices, with processing centralized in IPO Kolkata. Industrial designs cover aesthetic features like shape and pattern. Pre-registration includes examinations, FER/SER issuance, hearings, and publication, while post-registration involves renewal, restoration, assignment, certified copies, and cancellation. Applicants include individuals, entities, and startups, requiring forms, representation sheets, priority documents, and fees. Reciprocity applications and objection compliance follow six-month timelines. Registrations last ten years, extendable by five, and can be canceled for lack of originality, prior publication, or non-compliance.

The Danish delegation presented the Hague Design System, enabling streamlined international protection for up to 100 designs via a single application filed with WIPO or DKPTO. While Denmark joined the Hague System under the Geneva Act in 2008, the Danish examination process remains manual and relatively slow. Few international applications are filed with DKPTO, as applicants prefer WIPO’s simplified process. Unlike national applications, international filings undergo no formalities check. DKPTO rejects designs violating morality or public order, with no substantive examination. Also, DKPTO charges separate fees per design, requiring legal representatives for communication.

Way Forward:

The Office of CGPDTM may consider the following takeaways from this virtual meeting:

1. Develop action plans leveraging DKPTO’s experience with the Hague Agreement to address challenges in accession.
2. Conduct further sessions with foreign IP offices for deeper insights into the Hague System.
3. Explore joint events to enhance bilateral cooperation in design protection.