The register of industrial designs must contain information on the industrial design proceedings from the filing of the application for protection until the registration. The register must also include operations with registered industrial designs.
The management of the registration includes:
- renewal of industrial design;
- changes in applicant’s or owner’s details;
- transfer of industrial design;
- dividing the registration;
- registering a license;
- registering a pledge;
- issuing information from the register;
- issuing a duplicate of certificate or certificate of priority.
The operations in the register of industrial designs must be performed on the basis of an application by an interested party (applicant or owner of the industrial design) or by a patent attorney representing them. If the owner or the applicant is a company, the application must be signed by the person entitled to represent the company.
An application may be submitted via e-services portal, as an e-mail with a digitally signed attachment sent to [email protected], by post, or delivered to the address itself.
The applicant or the owner may be represented by a patent attorney who is established in the national register of patent attorneys and who can act in the field of industrial designs (Industrial Design Protection Act (IDPA) § 25 (1)). The list of patent attorneys operating in Estonia can be found on the Estonian Patent Office’s website.
A person who does not have a place of residence, seat or commercial or industrial enterprise operating in Estonia must authorize a patent attorney to perform procedures related to the registration and management of the industrial design in the Estonian Patent Office and in the Board of Appeals as his or her representative (IDPA § 25 (2)).
When paying the state fee, a unique reference number must be used, which the applicant receives from the Estonian Patent Office at their e-mail address after filing an application.
The applicant shall be notified of the entry within 20 working days from the date of receipt of the required application and the necessary documents.
The entry of the registration in the register of industrial designs must be made on the basis of the registration decision. The registration must take effect on the day when the notification of the registration data entry is made public in The Estonian Industrial Design Gazette.
After the publication of the notification of registration, the Estonian Patent Office shall issue an electronic industrial design certificate to the owner of the industrial design within 20 working days.
Upon application by the owner of the industrial design, the Estonian Patent Office issues a copy of the electronic industrial design certificate in paper form within 20 working days of submission of the application, but not before the payment of the required state fee (16 euros).
It is in the interest of the owner of the industrial design to keep the information up-to-date and correct in the register. This facilitates communication between the Estonian Patent Office and the owner and helps to avoid misunderstandings.
In the event of a change in the name, address or other contact information of the applicant or the owner, the applicant or owner must submit a written application to the Estonian Patent Office in accordance with subsections 33 (1, 2) of the Industrial Design Regulation (only available in Estonian). An application may be submitted via e-services portal, as an e-mail with a digitally signed attachment sent to [email protected], by post, or delivered to the address itself. There is no need to pay a state fee.
The applicant shall be notified of the entry within 20 working days from the date of receipt of the required application and the necessary documents.
The owner or applicant of the industrial design can transfer the industrial design to another person. In the event of the owner’s death, the industrial design rights are transferred to the successor. In the case of termination of the legal person the rights are transferred to the successor.
An application for a transfer may be filed by the registered owner or applicant or by the new owner or the new applicant. If the application is filed by the new applicant or by the new owner a document certifying the transfer must be attached to the application. The application must be submitted within one year from the date of the transfer of rights or the date of the legal succession. If the industrial design to be transferred is burdened with a right in rem, namely pledge, the written consent of the pledgee must be attached to the petition (IDPA § 731).
An application may be submitted via e-services portal, as an e-mail with a digitally signed attachment sent to [email protected], by post, or delivered to the address itself. The information to be provided in the application is specified in § 31 (3) of the Industrial Design Regulation.
The state fee for the transfer registry entry is 32 euros. When paying the state fee, a unique reference number must be used, which the applicant receives from the Estonian Patent Office at their e-mail address after filing an application. The applicant shall be notified of the entry within 20 working days from the date of receipt of the required application and the necessary documents.
NB! Upon the dissolution of the company, the continued ownership of the industrial design as an asset of the company should be decided. If the company that owned the industrial design has been deleted from the Business Register, the industrial design no longer has an owner, i.e. a person who could perform operations with the industrial design.
The registration of an industrial design must be valid for five years from the date of filing of the registration application. The owner of an industrial design may extend the validity of the registration by five years for a total of up to 25 years.
An application for renewal of an industrial design may be filed within six months before the expiry of the registration.
An application may be submitted via e-services portal, as an e-mail with a digitally signed attachment (free-form letter) sent to [email protected], by post, or delivered to the address itself.
The state fee for the first renewal is 130 euros, for the second and subsequent renewals 260 euros. When paying the state fee, a unique reference number must be used, which the applicant receives from the Estonian Patent Office at their e-mail address after filing an application.
After the expiry of the registration, the industrial design can be renewed for a further six months, but an additional state fee of 45 euros must be paid and an application must be filed for the reinstatement of the expiry date. The applicant shall be notified of the entry within 20 working days from the date of receipt of the required application and the necessary documents.
The applicant or the owner of an industrial design may divide the application or registration containing the variants of the industrial design into two or more applications or registrations by dividing the variants between them. Applications or registrations obtained by division must retain the date and priority of the original application.
In order to divide the application or the industrial design, the applicant or owner must submit a written application pursuant to § 32 of the Industrial Design Regulation (only available in Estonian) and pay a state fee. An application may be submitted as an e-mail with a digitally signed attachment sent to [email protected], by post, or delivered to the address itself.
The application for registration or the application for dividing the industrial design must contain the following information:
- a request for dividing the registration application or the industrial design;
- application number or registration number;
- a list of the variants of the industrial design which remain in the original application or registration;
- a list of the variants of the industrial design which are transferred to the divided application or registration;
- applicant’s information (name and address of residence) or name and contact information of the representative, if the applicant has a representative;
- the signature of the applicant or their representative.
The state fee for dividing the industrial design is 45 euros. When paying the state fee, a unique reference number must be used, which the applicant receives from the Estonian Patent Office at their e-mail address after filing an application. The applicant shall be notified of the entry within 20 working days from the date of receipt of the required application and the necessary documents.
An agreement between the owner of the industrial design and the pledgee on the encumbrance of the industrial design with a pledge and the entry of the pledge in the register of industrial designs is necessary for the creation of the registration pledge.
There is no precise regulation on the encumbrance of an industrial design with a pledge. Therefore, the provisions of the Trade Marks Act apply to the registration of a pledge (§ 30–34 of the Trade Marks Act).
The owner of the industrial design or the pledgee must submit a written application for registration of the pledge. An application may be submitted as an e-mail with a digitally signed attachment sent to [email protected], by post, or delivered to the address itself. A notarised agreement on the establishment of the pledge must be appended to the application.
The state fee concerning registration of a registered pledge is paid according to the state fee rate provided in Annex 2 to the State Fees Act. When registering a pledge agreement, the transaction value is the amount of the pledge. When paying the state fee, a unique reference number must be used, which the applicant receives from the Estonian Patent Office at their e-mail address after filing an application.
Pursuant to § 31 the Principles of Legal Regulation of Industrial Property Act, when encumbering an industrial property object, the identity of the pledgee is entered in the register with the pledge, the amount of the monetary value of the pledge, the amount of the claim and the time limit for execution. A pledge extinguishes upon termination of the claim secured by the pledge or if the pledgee waives the pledge.
After making the entry in the register, the Estonian Patent Office will issue a corresponding written notice to the applicant. The entry is made within 20 working days from the date of receipt of the required application and the necessary documents.
The owner (licensor) of an industrial design may allow one or more persons (the licensee) to use the rights arising from the industrial design on the basis of a license agreement.
The terms of the license must be determined in the license agreement.
Upon the transfer of the rights of the owner of the industrial design to another person, the rights and obligations arising from the license must also be transferred. The validity of the license may not exceed the validity of the registration. Licensee may sublicense the right to use the license agreement to a third party with the permission of the licensor (IDPA § 74).
The license may be registered in the register, but it is not mandatory. In the case of a collision of rights granted to several licensees by different licenses, the licensee whose license is registered will have an advantage.
The licensor or licensee must submit a written application for the registration of the license in the register. The application must be accompanied by an extract from the license agreement containing the information necessary for the entry of the parties to the agreement, the nature, scope and time limit of the license. An extract is not required if the application for registration of the license is signed by both the licensor and the licensee and the application contains the information necessary for the entry. (IDPA § 76).
An application may be submitted as an e-mail with a digitally signed attachment sent to [email protected], by post, or delivered to the address itself.
The state fee for registering a license is 32 euros. When paying the state fee, a unique reference number must be used, which the applicant receives from the Estonian Patent Office at their e-mail address after filing an application. After making the license entry in the register, the Estonian Patent Office will issue a corresponding written notice to the applicant. The entry is made within 20 working days from the date of receipt of the required application and the necessary documents.
A license agreement is, by its legal nature, a private law agreement governed by the Law of Obligations Act and is valid under the conditions agreed upon by the parties to the agreement. This means that, if the rights and obligations of the parties are agreed in the agreement between the licensor and the licensee and are violated by one of the parties, the dispute between the parties must be resolved using civil law remedies.
For the premature deletion of an entry made in the register concerning a license, the licensor or licensee must submit an application pursuant to § 36 of the Industrial Designs Regulation (only available in Estonian).
A duplicate of a certificate of industrial design shall replace the original certificate. The details of the duplicate must be in accordance with the registration details valid at the time of issue of the certificate.
In order to issue a duplicate, the owner must submit a free-form written application pursuant to § 37 (2) of the Industrial Designs Regulation. A reproduction must be attached to the application. An application may be submitted as an e-mail with a digitally signed attachment sent to [email protected], by post, or delivered to the address itself.
The state fee for issuing a duplicate is 16 euros. When paying the state fee, a unique reference number must be used, which the applicant receives from the Estonian Patent. The duplicate shall be issued no later than the 20th working day following the receipt of the application, but not before the payment of the required state fee.
The industrial design will be deleted from the register if the owner has not renewed the validity of the registration within six months from the date of expiry. The industrial design will be deleted from the register before the term if the owner waives the rights or if the rights to the industrial design have not been transferred. The industrial design will also be deleted before the term on the basis of a decision of the Board of Appeals or a court or at the request of an interested person.
If the validity of the industrial design has not been renewed, the industrial design will be deleted from the register six months after the expiry of the registration in accordance with § 78 (1) IDPA. Deletion takes effect retroactively on the day following the date of expiry of the registration (§ 79 (1) of the IDPA). If the validity of the registration has been extended for a total of 25 years, i.e. the maximum validity period, the registration will be deleted upon expiry.
The rights of the owner of an industrial design expire before the term (§ 77 (2) of the IDPA) and the industrial design is deleted from the register:
- upon the waiver of the rights to the industrial design by the owner;
- in the event of the death of the sole proprietor if the rights have not been transferred to the heir;
- no rights have been transferred upon termination of the legal entity;
- the decision of the Board of Appeals or the court has entered into force;
- at the request of an interested party, if, within one year from the date of deletion of the company from the Business register, no written application has been filed in the register for the entry of the transfer of the industrial design.
In order to delete the registration early, the owner or interested party must submit a written application. If the application is filed by an interested person, the documents certifying the claim must be attached to the application. If the registration is deleted on the basis of a court judgment, a court judgment which has entered into force shall be appended to the application (§ 78 (2) of the IDPA).
Upon deleting the industrial design before the term, the rights of the owner of the industrial design expire on the day following the date of making the entry.
The register is public after the publication of the entry of the registration data in the official publication of the Estonian Patent Office – The Estonian Industrial Design Gazette. Anyone may submit an application for examination of the file, for the issue of written confirmation from the register, for a statement in the register or for a copy.
Before publishing a notice of the entry of registration data, the following information may be issued from the register:
- the name of the industrial design;
- registration application number;
- the date of submission of the registration application;
- priority data;
- the name of the applicant and the name of the applicant’s representative.
This information will be published in the public database of the industrial designs of the Estonian Patent Office on the day following the receipt of the application. Following the publication of the registration entry in the Estonian Industrial Design Gazette, the register is public. Information about the author is not issued from the register if the author has prohibited the disclosure of their name (§ 57 (1) IDPA).
To have access to the registry file, to issue information or to obtain a document of the register file, an application must be filed and a state fee paid. The applicant and the owner of the industrial design have access to the registration file of their industrial design free of charge.
An application may be submitted as an e-mail with a digitally signed attachment sent to [email protected], by post, or delivered to the address itself. When paying the state fee, a unique reference number must be used, which the applicant receives from the Estonian Patent Office at their e-mail address after filing an application.
The file can be viewed at the reception of the Estonian Patent Office on a client computer, where the electronic files are downloaded. The file must be accessible within five working days from the date of receipt of the application to the Estonian Patent Office or from the date of payment of the state fee if the state fee is paid later than the date of receipt of the application.
The release of information from the register will take place on the basis of a request made in the application within five working days from the date of receipt of the application or from the date of payment of the state fee if the state fee is paid at a later date. The Estonian Patent Office will provide the information requested by e-mail or by paper, on-site or by post.
A copy of a document in the registry file or a printout of an entry will be issued from the register as an approved document. The Estonian Patent Office will issue the documents specified in the application either by e-mail, on paper on the spot or by post within five working days as of the date of receipt of the application or as of the date of payment of the state fee if the state fee is paid later.
The Estonian Patent Office will issue, on the basis of a written statement by the applicant or the owner of the industrial design, a priority document consisting of the Estonian Patent Office’s confirmation and a copy of the application. A state fee 16 euros must be paid for the issue of a document.
Last updated: 20.04.2022