We Wanted More Arne Jacobsen Chairs but All We Got Was Boxes – Experiences from the Protection of Designs in Scandinavia from 1970 till the Directive

Abstract

The Nordic design laws, which were enacted in the 1970s, may be viewed as a forerunner for the EU system. This article sets the scene for the evolution of the Nordic Design Acts. Furthermore, it examines case law and registration practices to test how functional designs were de facto protected by the Design Act considering also the development in copyright law. It is concluded that the designers, thanks to whom there was “Danish Design”, made no or only marginal use of the registered designs system that had been put in place for them. The reasons for this failure are discussed and attributed to a combination of legal and cultural factors. Finally, the article reflects on the lessons learned and their implications for the on-going EU design law reform.