Terms and Conditions of the award and use of the Association for Finnish Work’s Design from Finland mark
The purpose of these Terms and Conditions is to promote the use the Design from Finland mark of origin as a reliable indicator of Finnish design. Design from Finland demonstrates that design is of special importance in generating the value of the company’s products and services.
1. The Design from Finland mark of origin is a registered collective mark owned by the Association for Finnish Work. The following Terms and Conditions shall apply to the use of Design from Finland.
2. The right to use Design from Finland can be awarded upon application to products, product groups, individually named products or combinations thereof owned by a member organisation of the Association for Finnish Work, provided that the said products or services comply with the requirements set forth in these Terms and Conditions.
The Design from Finland Committee, which is nominated by the Executive Committee of the Association for Finnish Work and has the necessary expertise for the task, processes the applications for the right to use Design from Finland and grants the right to use Design from Finland. The members of the Design from Finland Committee are experts of the Finnish design industry and represent institutes of higher education providing education and training in the field, key ministries, the industry and consumers. The Committee shall have quorum if at least half of its members are present, including the Chairman or the Vice-chairman.
3. The Committee shall require that the applicant organisation comply with Finnish law and the code of good practice, such as orders issued by the authorities.
4. Applicants applying for the right to use Design from Finland shall meet the qualification criteria and three primary criteria.
* Head office in Finland;
* Business ID
* Turnover for at least one financial period. If a company cannot provide evidence of turnover for a financial period, the Committee can award the mark case by case for one year, provided that the other criteria are met.
* Investment in design: the company’s own design excellence or outsourced design services and/or time used;
* Benefits arising from the design investment for the competitiveness, differentiation and business of the product/service; and
* User-inspired design.
The Committee shall consider the following secondary criteria at its discretion:
* Role of design in the company’s access to international markets;
* Integration of design in the company’s activities
* External acknowledgement/intellectual property rights.
An exception to these criteria can only be made on special grounds.
5. Design from Finland can only be used in the advertising and marketing of the products and services to which the mark has been awarded.
6. The company can use Design from Finland in its corporate image communications, such as image or brand advertising, when over 75 percent of the company’s turnover is generated by Design from Finland products or services.
In corporate image communications, Design from Finland shall clearly refer to the company’s name or brand and only to the products and services which have been awarded the right to use Design from Finland.
If the requirement for 75 percent of the turnover is not met, the company can apply for the right to use the mark by filing an informal application addressed to the Association for Finnish Work.
7. Design from Finland can only be used in the registered visual format. The Association shall determine the relevant uses of Design from Finland and maintain guidelines for the use of the mark.
8. The right to use Design from Finland shall be valid for three full calendar years, provided that the company is a member of the Association for Finnish Work. The Design from Finland Committee can at its discretion award the right to use the mark for a period shorter than three years.
The right to use Design from Finland shall be renewed every three years. The Association for Finnish Work shall notify the licence holder of the expiry in advance.
9. The licence holder shall inform the Association for Finnish Work in advance of changes that affect the right to use the mark, especially of any changes affecting the criteria referred to in sections 4 and 6, in which case the Association for Finnish Work will reconsider the matter.
10. The Design from Finland Committee shall cancel the right to use the mark if the applicant has given false information to the Association for Finnish Work or if the Design from Finland Committee considers the applicant to have otherwise misled the Association.
The right to use the mark shall also be cancelled if Design from Finland is used incorrectly, if the licence holder fails to comply with the obligations referred to in sections 3, 5 and 9 or if the member organisation acts in breach of these Terms and Conditions or in breach of the spirit thereof.
11. All information related to the application shall be treated in confidence and kept secret. Information on which of the company’s products and services have been awarded the right to use Design from Finland shall remain public and the Association shall maintain public register of such information.
12. An administration fee shall be charged for the right to use the mark in accordance with the grounds set out by the Association for Finnish Work.
13. The provisions of the Act on Collective Marks (5.12.1980/795, section 1(1)) on the association mark shall apply to Design from Finland.
14. The Association for Finnish Work shall decide on the amendments to these Terms and Conditions.