Law on the legal protection of design (Designgesetz-DesignG)

Unofficial table of contents

DesignG

Date of completion: 12.03.2004

Full quote:

" Design Act in the version of the Notice dated 24 February 2014 (BGBl. I p. 122) "

Status:

New by Bek. v. 24.2.2014 I 122

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.6.2004 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 71/98 (CELEX Nr: 398L0071)  G v. 12.3.2004 I 390 u.   
 G v. 10.10.2013 I 3799 + + +) 

  

This Act is designed to implement Directive 98 /71/EC of the European Parliament and of the Council of 13 June 2000 on the implementation of the European Parliament and October 1998 on the legal protection of designs (OJ L 327, 22.12.1998, p. EC No L 289 p. 28). The G was referred to as Article 1 (d). G v. 12.3.2004 I 390 approved by the Bundestag. It occurs gem. Article 6 (1) of this Act entered into force on 1 June 2004. Gem. Art. 6 (2) enters into force § 26, § 52 para. 2 and § 63 para. 2 mWv 19.3.2004.
Heading: IdF d. Art. 1 No. 1 G v. 10.10.2013 I 3799 mWv 1.1.2014 Unofficial table of contents

Content Summary

Section 1
	Protection requirements
§ 1		Definitions
§ 2		Design protection
§ 3		Exclusion from design protection
§ 4		Components of complex products
§ 5		Revelation
§ 6		Novelty grace period
Section 2
	Authorized
§ 7		Right to the registered design
§ 8		Formal permission
§ 9		Claims against non-beneficiaries
§ 10		Devaluer naming
Section 3
	Entry procedure
§ 11		Login
§ 12		Collection Login
§ 13		Login tag
§ 14		Foreign priority
§ 15		Exhibition priority
§ 16		Login verification
§ 17		Follow-up of the application
§ 18		Barriers to entry
§ 19		Management of the register and registration
§ 20		Notice
Section 21		Postponement of the notice
Section 22		Inspection in the register
Section 23		Procedural rules, appeal and legal complaint
§ 24		Procedural Cost Aid
Section 25		Electronic procedure, Regulation empowerment
Section 26		Regulation
Section 4
	Origin and duration of protection
§ 27		Origin and duration of protection
§ 28		Maintenance
Section 5
	Registered design as object of property
§ 29		Succession
§ 30		Rights in rem, enforcement of insolvency proceedings, insolvency proceedings
Section 31		License
Section 32		Registered designs
Section 6
	Nullity and deletion
§ 33		Nullity
Section 34		Application authority
§ 34a		Nullity proceedings before the German Patent and Trademark Office
§ 34b		Suspension
§ 34c		Accession to the nullity procedure
§ 35		Partial maintenance
§ 36		Deletion
Section 7
	Protective effects and restrictions
Section 37		Subject of protection
§ 38		Rights from the registered design and scope of protection
§ 39		Presumption of legal validity
§ 40		Restrictions on the rights arising from the registered design
Section 41		Pre-use right
Section 8
	Infringements
§ 42		Disposal, omission and compensation
Section 43		Destruction, recall and dismissal
Section 44		Liability of the proprietor of a company
§ 45		Compensation
Section 46		Information
§ 46a		Presentation and inspection
§ 46b		Protection of claims for damages
§ 47		Judgment announcement
§ 48		Exhaustion
§ 49		Statute of limitations
§ 50		Claims arising from other statutory provisions
Section 51		Criminal provisions
Section 9
	Procedures in design disputes
Section 52		Design disputes
§ 52a		Assertion of invalidity
Section 52b		Revocation for determination or declaration of nullity
Section 53		Place of jurisdiction in the case of claims under this Act and the law against unfair competition
§ 54		Dispute Settlement
Section 10
	Provisions relating to measures taken by the customs authorities
§ 55		Seizure of import and export
§ 56		Confiscation, contradiction
Section 57		Responsibilities, remedies
Section 57a		Procedure laid down in Regulation (EC) No 1383/2003
Section 11
	Special provisions
Section 58		Domestic representatives
§ 59		Touch of a registered design
§ 60		Registered designs in accordance with the Extension Act
Section 61		Typographic characters
Section 12
	Community design
Section 62		Login forwarding
§ 62a		Application of the provisions of this Act to Community designs
§ 63		Community design disputes
Section 63a		Information to the Commission
Section 63b		Local jurisdiction of the Community Design Courts
Section 63c		Insolvency proceedings
Section 64		Issue of the enforcement clause
Section 65		Criminal infringement of a Community design
Section 13
	Protection of industrial designs and models under the Hague Convention
Section 66		Application of this law
Section 67		Submission of international application
Section 68		Forwarding of the international application
Section 69		Examination of obstacles to entry
Section 70		Subsequent protective deprivation
Section 71		Effect of international registration
Section 14
	Transitional provisions
Section 72		Applicable law
Section 73		Legal restrictions
Section 74		Transitional provisions concerning the Law on the Modernisation of the Design Act and the amendment of the regulations on the notices of protection of the exhibition

Section 1
Protection requirements

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§ 1 Definitions

For the purposes of this Act

1.

a design shall be the two-dimensional or three-dimensional appearance of an entire product or part thereof, in particular from the characteristics of the lines, contours, colours, shape, surface structure or materials of the the product itself or its ornamentation;

2.

a product shall be a product of any industrial or artisanal object, including packaging, equipment, graphic symbols and typographic characters, as well as individual parts intended to be assembled into a complex product; Computer programme shall not be considered as a product;

3.

a complex product is a product of several components which can be replaced, so that the product can be assembled and assembled again;

4.

it is intended to be used by the end user, with the exception of maintenance, maintenance or repair measures;

5.

The holder of the registered design entered in the register shall be considered as the rightholder.

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§ 2 Design protection

(1) A registered design is protected by a design that is new and has its own character. (2) A design shall be deemed to be new if no identical design has been disclosed prior to the filing date. Designs are considered to be identical if their characteristics differ only in insignificant details. (3) A design has a distinctive character if the overall impression it produces in the informed user is different from the overall impression that a user has to offer. to create a different design for this user, which has been disclosed prior to the filing date. The degree of design freedom of the design is taken into account in the design of the design in the assessment of the individual nature. Unofficial table of contents

§ 3 Exclusion of design protection

(1) excluded from design protection

1.

the characteristics of products which are exclusively governed by their technical function;

2.

the characteristics of products which must necessarily be re-formed in their precise form and dimensions in order to ensure that the product in which the design is incorporated or in which it is used with a different product mechanically assembled or connected or mounted in, or around the same, so that both products fulfil their function;

3.

Designs that violate public order or morals;

4.

Designs which misuse one of the provisions referred to in Article 6 ^Ter of the Paris Convention for the Protection of Industrial Property, or of other badlands, emblems and emblems of public interest.

(2) The features referred to in paragraph 1 (2) shall not be excluded from design protection if they serve the purpose of assembling or connecting a large number of interchangeable parts within a component system. . Unofficial table of contents

§ 4 Components of complex products

A design which is used in a product which is a component of a complex product or is inserted into that product shall be considered new only and shall only have its own character if the component which is inserted into a complex product has been incorporated into a product. whose intended use remains visible and these visible features of the component itself fulfil the requirements of novelty and individual nature. Unofficial table of contents

§ 5 Revelation

A design shall be disclosed where it has been made known, exhibited, used in the market or otherwise made available to the public, unless that is the case in the professional circles of the sector in question in the Community in the normal business history before the design filing date could not be known. A design shall not be deemed to have been disclosed if it has been disclosed to a third party only under the express or implied condition of confidentiality. Unofficial table of contents

§ 6 Novelty grace period

A disclosure shall not be taken into account in the application of § 2 (2) and (3) if a design during the twelve months prior to the filing date by the designer or his successor or by a third party as a result of information or Acts of the deceased person or his successor in law have been made available to the public. The same shall apply if the design has been disclosed as a consequence of an abusive act against the designer or his successor in law.

Section 2
Authorized

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§ 7 Right to the registered design

(1) The right to the registered design shall be entitled to the designer or his successor. Where several persons have jointly designed a design, they have the right to have a registered design. (2) If a design is designed by a worker in the performance of his or her duties or in accordance with the instructions of his employer, the right of the registered design shall be entitled to the employer, unless otherwise agreed in the contract. Unofficial table of contents

§ 8 Formelle Authority

Applicants and rightholders shall be deemed to have the right and obligation to do so in proceedings relating to a registered design. Unofficial table of contents

§ 9 Claims against non-authorized persons

(1) If a registered design is registered on the name of a person entitled not according to § 7, the person entitled may, without prejudice to any other claims, require the transfer of the registered design or the consent to the deletion of the registered design. To the extent that the deletion is consented to, the protective effects of the registered design have not occurred to this extent as from the beginning. Anyone who is not registered as a rightholder by a number of beneficiaries may request the granting of his/her co-ownership. (2) The claims referred to in paragraph 1 may only be granted within a period of three years from the date of publication of the registered office. Designs are asserted by lawsuit. This does not apply if the rightholder was maligned in the registration or transfer of the registered design. (3) In the event of a complete change of the rights holder pursuant to the first sentence of paragraph 1, the registration of the person entitled to the right shall be deleted. the Register of licences and other rights. If the former rightholder or a licensee has used the registered design, or if he or she has actually and serious institutions, he or she may continue to do so if he/she is the new rightholder within a time limit of one A single licence is requested after registration. The licence shall be granted on reasonable terms and conditions for a reasonable period of time. The provisions of sentences 2 and 3 shall not apply where the rightholder or the licensee was maligned at the time when he or she started to use it. (4) The initiation of a judicial proceeding in accordance with paragraph 1 2, the final decision in this proceeding, as well as any other termination of this procedure and any modification of the legal entity as a result of this procedure, shall be entered in the Register of Registered Designs (Register). Unofficial table of contents

§ 10 Designation of the Entwer

The designer has the right to be named in the proceedings before the German Patent and Trademark Office and in the register as a designer. If the design is the result of a community work, each individual designer can ask for his or her name.

Section 3
Entry procedure

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§ 11 Registration

(1) The registration for the registration of a design in the register shall be submitted to the German Patent and Trademark Office. The application can also be submitted via a patent information centre, if this body is designated by the Federal Ministry of Justice and Consumer Protection in the Federal Law Gazans, to provide for the application of the design applications (2) The application must include:

1.

an application for registration,

2.

information which allows the identity of the applicant to be identified and

3.

a reproduction of the design appropriate to the contract notice.

Where an application is submitted in accordance with the first sentence of Article 21 (1), the reproduction may be replaced by an area of design. (3) The application must include an indication of the products in which the design is incorporated or in which it is used. (4) The application must comply with the further notification requirements, which have been determined in a legal regulation pursuant to § 26. (5) The application may also include:

1.

a description to explain the rendering,

2.

a request for deferment of the picture notice pursuant to section 21 (1) sentence 1,

3.

a list of the category or classes of goods in which the design is to be classified,

4.

an indication of the designer or the designer,

5.

the indication of a representative.

(6) The information referred to in paragraphs 3 and 5 (3) shall have no effect on the scope of protection of the registered design. (7) The applicant can withdraw the application at any time. Unofficial table of contents

§ 12 Collection declaration

(1) Multiple designs can be combined in one application (collective registration). The application may not include more than 100 designs. (2) The applicant may share a collective application by making a declaration to the German Patent and Trademark Office (DPMA). The division is unaffected by the filing date. If the sum of the fees to be paid under the Patent Costing Act for each divisional application is higher than the registration fees paid, the difference shall be payable. Unofficial table of contents

§ 13 Registration date

(1) The filing date of a design shall be the date on which the documents containing the information in accordance with § 11 (2)

1.

at the German Patent and Trademark Office

2.

or, if it is determined by a notice from the Federal Ministry of Justice and Consumer Protection in the Federal Law Gazans, at a patent information centre

(2) If an effective priority is claimed in accordance with § 14 or § 15, the application of § § 2 to 6, 12 (2) sentence 2, § 21 (1) sentence 1, § 33 (2) sentence 1 (2) and § 41 of the priority date shall take place in the place of the Filing date. Unofficial table of contents

Section 14 Foreign priority

(1) Those who, according to a state contract, take up the priority of an earlier foreign application of the same design shall have prior to the expiry of the 16. The following month after the priority date, indicate the time, country and file number of the previous application and submit a copy of the previous application. Within the time limit, the information may be changed. (2) If the earlier application has been filed in a state with which no state contract for the recognition of the priority exists, the applicant may be entitled to the priority right after the Paris To the extent that the Federal Ministry of Justice and Consumer Protection in the Federal Law Gazans have published a notice on the basis of a first application to the German Federal Office for the Protection of the Rights of the Federal Republic of Germany, the Federal Government has the right to claim the right of priority Patent and Trademark Office grants a right of priority, subject to the conditions and conditions of (3) If the information referred to in paragraph 1 is made in good time and the transcript is filed in good time, the German Patent and Mark the priority in the register. If the applicant has made use of a priority only after the publication of the registration of a design or has changed information, the notice shall be obtained in so far as it is appropriate. If the information referred to in paragraph 1 is not made in good time or if the copy is not filed in good time, the declaration on the use of the priority shall be deemed not to have been made. The German Patent and Trademark Office is responsible for this. Unofficial table of contents

§ 15 Exhibition priority

(1) If the applicant has a design

1.

on an official or officially recognised international exhibition within the meaning of the Agreement on International Exhibitions, signed in Paris on 22 November 1928, or

2.

on any other domestic or foreign exhibition

(2) The exhibitions referred to in paragraph 1 (1) may, if the application is submitted within a period of six months from the date of the first presentation, be entitled to a right of priority. (2) are made known by the Federal Ministry of Justice and Consumer Protection in the Federal Gazette. (3) The exhibitions referred to in paragraph 1 (2) shall be determined on a case-by-case basis by the Federal Ministry of Justice and Consumer Protection and in the The Federal Gazette (Bundesanzeiger) has made known. (4) Anyone who takes priority under paragraph 1 has before the end of the 16. The date of presentation of the sample shall be given in the month of the month following the date of the first display of the model and the exhibition, as well as a proof of presentation. Section 14 (3) shall apply accordingly. (5) The exhibition priority referred to in paragraph 1 shall not extend the priority periods in accordance with Section 14 (1). Unofficial table of contents

Section 16 Examination of the application

(1) The German Patent and Trademark Office shall examine whether:

1.

the registration fees in accordance with § 5 paragraph 1 sentence 1 of the Patent Costing Act and

2.

the conditions for the award of the filing date pursuant to Article 11 (2) are met; and

3.

the application complies with the other registration requirements.

(2) If the application is deemed to be withdrawn due to non-payment of the registration fees in accordance with Section 6 (2) of the Patent Covenance Act, the German Patent and Trademark Office shall establish this. (3) If the fee payment is not sufficient within one of the following: German Patent and Trademark Office has not repaid the registration fees for a collective application in sufficient quantity or is not determined by the applicant as to which designs are covered by the fee paid. , the German Patent and Trademark Office determines which designs are shall be considered. Incidentally, the application is deemed to be withdrawn. The German Patent and Trademark Office notes this. (4) The German Patent and Trade Mark Office, in the event of defects pursuant to paragraph 1 (2) and (3), requests the applicant to remedy the deficiencies found within a specified period. If the applicant is to comply with the request of the German Patent and Trademark Office, the German Patent and Trademark Office shall, in the event of defects as referred to in paragraph 1 (2), recognise the date on which the deficiencies noted are removed as a filing date in accordance with Section 13 (1). . If the defects are not remedied in time, the German Patent and Trademark Office shall reject the application by decision. Unofficial table of contents

Section 17 Further processing of the application

(1) If, after a period specified by the German Patent and Trademark Office has been refused, the design application has been rejected, the decision on the rejection shall be ineffective without requiring its express waiver if the applicant is to be refused. (2) The application for further processing must be submitted within a period of one month after the date of notification of the decision refoulement of the design application. The omitted act must be recovered within this period of time. (3) A reinstatement is not necessary against the failure of the period referred to in paragraph 2 and the time limit for payment of the further treatment fee pursuant to § 6 (1) sentence 1 of the Patent Costing Act (Patent CostLaw). (4) The application shall decide on the act to be taken on the action to be taken. Unofficial table of contents

Section 18 Obstacles to entry

If the subject-matter of the application is not a design within the meaning of § 1 (1) or if a design according to § 3 (1) (3) or (4) is excluded from design protection, the German Patent and Trademark Office shall reject the application. Unofficial table of contents

Section 19 Guided tour of the register and registration

(1) The Register of Registered Designs is held by the German Patent and Trademark Office. (2) The German Patent and Trademark Office shall enter into the register the information required by the applicant without the registration and the application of the registration. To check the accuracy of the information provided in the application and to determine which classes of goods to be entered. Unofficial table of contents

Section 20 Notice

The registration in the register will be made known by the German Patent and Trademark Office with a reproduction of the registered design. It takes place without guarantee for the completeness of the image and the recognizability of the features of the design. Unofficial table of contents

Section 21 Deferment of the notice

(1) The application may be filed for the reproduction of the notice by 30 months from the date of filing of the application. If the application is submitted, the contract notice shall be limited to the registration of the design to be entered in the register. (2) The protection may be extended to the term of protection in accordance with Article 27 (2) if the rightholder within the Postponement period the extension fee paid in accordance with § 5 paragraph 1 sentence 1 of the Patent Costing Act. If the possibility of § 11 (2) sentence 2 has been made use, a reproduction of the design to be submitted must also be submitted within the period of delay. (3) The notice with the reproduction according to § 20 shall be accompanied by reference to the notice referred to in the second sentence of paragraph 1 shall be obtained at the end of the period of delay or on request also at an earlier date. (4) The term of protection shall end with the expiry of the period of delay if the protection is not extended to the provisions of paragraph 2. In the case of registered designs, which have been registered on the basis of a collective declaration, the published notice may be restricted to individual registered designs. Unofficial table of contents

Section 22 inspection of the register

(1) The access to the register shall be free of all. The right to inspect the reproduction of a registered design and the files held by the German Patent and Trademark Office via the registered design shall consist of:

1.

that the reproduction has been made known,

2.

the applicant or the rightholder has given its consent, or

3.

a legitimate interest is credibly made.

(2) The access to the files referred to in the second sentence of paragraph 1 may also be granted via the Internet in the case of electronically controlled files. (3) The inspection of files referred to in paragraphs 1 and 2 shall be excluded in so far as a piece of law precludes or to the extent that: The interest of the person concerned in the sense of Section 3 (1) of the Federal Data Protection Act clearly outweighs the protection of the person Unofficial table of contents

Section 23 Rules of procedure, appeal and legal complaint

(1) In the German Patent and Trademark Office, one or more design departments and design departments are formed in order to carry out the procedures in design matters. The design bodies are responsible for the decisions in the proceedings under this law, with the exception of the nullity procedure in accordance with § 34a, and are to be filled with a legal member within the meaning of § 26 paragraph 2 sentence 2 of the patent law. § 47 of the Patent Act applies accordingly. (2) In the nullity proceedings according to § 34a, one of the design departments of the German Patent and Trademark Office, each with three right-wing members within the meaning of Article 26 (2) sentence 2 of the German Patent Act, decides to apply the law. Patent law to be filled. If the case raises particular technical questions, a technical member shall be added in accordance with the second sentence of Article 26 (2) of the Patent Law. The chairman of the responsible design department decides on the confiscation of a technical member by decision which is not independent of his own motion. (3) For the exclusion and rejection of the members of the design departments and the design departments § § 41 to 44, 45 (2) sentence 2 and § § 47 to 49 of the Code of Civil Procedure on the exclusion and rejection of the court persons shall apply accordingly. A member of the German Patent and Trademark Office, who is the President of the German Patent and Trademark Office in general for decisions of this kind, decides on the request for rejection, insofar as it requires a decision. . § 123 (1) to (5) and (7) and § § 124, 126 to 128a of the Patent Act are to be applied accordingly. (4) The appeal to the Federal Patent Court shall take place against the decisions of the German Patent and Trademark Office in the proceedings pursuant to this Act. The appeal of the Federal Patent Court in the occupation with three right-wing members decides on the appeal; the second sentence of the second sentence and the second sentence of paragraph 2 shall apply accordingly. § § 69, 73 (2) to (4), § 74 (1), § 75 (1), § § 76 to 80 and 86 to 99, 123 (1) to (5) and (7) and § § 124, 126 to 128b of the Patent Act shall apply mutas to the relevant application. In the appeal proceedings against decisions which have been passed in the nullity proceedings pursuant to Section 34a, the second sentence of the second sentence of paragraph 84 (2) and (3) of the Patent Law applies accordingly. (5) The decisions of the appeal body on a complaint pursuant to paragraph 2 of this Article shall apply. Appeal to the Federal Court of Justice if the appeal court has allowed the legal complaint. § 100 (2) and (3), § § 101 to 109, 123 (1) to (5) and (7) as well as § § 124 and 128b of the Patent Act shall apply accordingly. Unofficial table of contents

Section 24 procedural aid

In proceedings pursuant to Section 23 (1), the applicant shall receive procedural aid upon request, subject to the appropriate application of § § 114 to 116 of the Code of Civil Procedure, if there is sufficient prospect of registering the pattern in the register. On request, a participant must be granted procedural aid in accordance with § 34a under the appropriate application of Section 132 (2) of the Patent Law. At the request of the rightholder, procedural aid may also be granted for the costs of the extension of the protection pursuant to § 21 (2) sentence 1 and for the maintenance fees in accordance with § 28 (1) sentence 1. § 130 (2) and (3) as well as § § 133 to 135, 136 sentence 1, § § 137 and 138 of the Patent Act are applicable. Unofficial table of contents

Section 25 Electronic procedure, Regulation authorisation

(1) Insofar as the written form is provided for in proceedings before the German Patent and Trademark Office for applications, applications or other acts, the provisions of section 130a (1) sentences 1 and 3 as well as paragraph 3 of the Code of Civil Procedure shall apply accordingly. ¹ (2) The process files of the Federal Patent Court and the Federal Court of Justice can be conducted electronically. The provisions of the Code of Civil Procedure relating to electronic documents, the electronic file and the electronic procedure in the rest shall apply accordingly, unless otherwise provided by this law. (3) The Federal Ministry of Justice and for consumer protection by means of a regulation without the consent of the Federal Council

1.

the date from which electronic documents may be submitted to the Patent Office and the courts, the form appropriate for the processing of documents, whether an electronic signature is to be used and how this signature is obtained;

2.

the date from which the process files referred to in paragraph 2 may be conducted electronically, as well as the organisational and technical framework conditions applicable to the formation, management and storage of electronic process files.

1

Article 25 (1) shall apply in accordance with Article 11 in conjunction with Article 26 (1) of the Law of 10. October 2013 (BGBl. 3786) as from 1 January 2018, as amended:

"(1) Insofar as the written form is provided for in proceedings before the German Patent and Trademark Office for applications, applications or other acts, the provisions of section 130a (1), 2 sentence 1, paragraphs 5 and 6 of the Code of Civil Procedure shall apply accordingly."

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Section 26 Regulation

(1) The Federal Ministry of Justice and Consumer Protection shall be governed by a regulation which does not require the consent of the Federal Council,

1.

the establishment and operation of the German Patent and Trademark Office as well as the form of the procedure in design matters, unless provisions have been made by law on this matter,

2.

the form and other requirements of the application and the reproduction of the design,

3.

the permissible dimensions of a design section annexed to the application in accordance with Article 11 (2), second sentence of the application

4.

the content and scope of a description attached to the application to explain the reproduction,

5.

the classification of the classes of goods,

6.

the management and design of the register, including the facts to be entered in the register, and the details of the contract notice,

7.

the treatment of the products attached to a registration for the reproduction of the registered design after the deletion of the registration in the register; and

8.

the proceedings at the German Patent and Trademark Office for the protection of industrial designs and models under the Hague Convention.

(2) The Federal Ministry of Justice and Consumer Protection is authorized to act on the basis of a decree law which does not require the approval of the Federal Council, senior and medium-sized service officials and comparable employees with the perception of To entrust transactions in the proceedings in register matters which, in their own way, do not offer any particular legal difficulties. However, excluded from this

1.

the refusal pursuant to section 18 and the refusal of the protection of an international registration pursuant to § 69,

2.

the decisions in the nullity procedure according to § 34a and

3.

The remedy or presentation of the complaint (Section 23 (4) sentence 3) against a decision in the proceedings under this Act.

(3) For the purpose of the exclusion and rejection of a person entrusted pursuant to the provisions of paragraph 2, first sentence, the first and second sentences of Article 23 (3) shall apply. (4) The Federal Ministry of Justice and Consumer Protection may apply the appropriations in accordance with the Paragraphs 1 and 2 shall be transferred, in whole or in part, to the German Patent and Trademark Office by means of a regulation which does not require the consent of the Federal Council.

Section 4
Origin and duration of protection

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Section 27 Origin and duration of protection

(1) The protection shall be created by registering in the register. (2) The term of protection of the registered design shall be 25 years from the date of filing. Unofficial table of contents

§ 28 Maintenance

(1) The maintenance of protection shall be effected by payment of a maintenance fee for each of the 6. up to 10, 11. up to 15, 16. to 20. and for the 21. up to 25. Year of protection. It is entered in the register and made known. (2) If registered designs have been registered on the basis of a collective registration, the maintenance fee will not be given for a part of the registered designs without further details. shall be taken into account in the order of the application. (3) If the protection is not maintained, the term of protection shall end.

Section 5
Registered design as object of property

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Section 29 Legal succession

(1) The right to a registered design may be transferred or transferred to others. (2) The registered design belongs to a company or to a part of a company, so the registered design will in doubt be transferred from the transfer or the transfer of the company or part of the enterprise to which the registered design belongs. (3) The transfer of the right to the registered design shall be entered in the register at the request of the right holder or the successor of the legal successor when it is shown to the German Patent and Trademark Office. Unofficial table of contents

§ 30 Dingliche Rights, Forced Enforcement, Insolvency proceedings

(1) The right to a registered design may

1.

the subject matter of a right in rem, in particular being pledged, or

2.

The subject matter of enforcement measures shall be the subject of enforcement measures.

(2) The rights referred to in paragraph 1 (1) or the measures referred to in paragraph 1 (2) shall be entered in the register at the request of a creditor or any other person entitled to be credited if it has been proven by the German Patent and Trademark Office (3) If the right of a registered design is recorded by insolvency proceedings, the register shall be entered in the register at the request of the insolvency administrator or at the request of the insolvency court. In the case of co-ownership of a registered design, the first sentence shall apply to the share of the co-proprietor. In the case of self-administration (§ 270 of the Insolvency Code), the lawyer shall be replaced by the insolvency administrator. Unofficial table of contents

§ 31 License

(1) The rightholder may grant licences to the entire territory or to a part of the territory of the Federal Republic of Germany. A license may be exclusive or not exclusive. (2) The rightholder may assert the rights from the registered design against a licensee who has

1.

the duration of the licence,

2.

the form of use of the registered design,

3.

the selection of the products for which the licence has been issued,

4.

of the territory for which the licence has been issued, or

5.

the quality of the products manufactured by the licensee

(3) Without prejudice to the provisions of the License Agreement, the licensee may only file a trial for infringement of a registered design with the consent of the rightholder. This does not apply to the holder of an exclusive licence if, after being requested to do so, the rightholder does not himself make an infringement procedure pending within a reasonable period of time. (4) Each licensee may be deemed to be (5) The succession in accordance with § 29 or the granting of a licence within the meaning of paragraph 1 shall not affect licences which shall be subject to the following conditions: Third parties have previously been granted. Unofficial table of contents

Section 32 Reported Designs

The provisions of this section shall apply mutatily to the rights established by the application of designs.

Section 6
Nullity and deletion

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§ 33 Invalidity

(1) A registered design shall be null and void if:

1.

the appearance of the product is not a design within the meaning of Section 1 (1),

2.

the design is not new or does not have a specific character,

3.

the design is excluded from the design protection according to § 3.

(2) A registered design shall be declared null and void if:

1.

it constitutes an unauthorised use of a work protected by copyright,

2.

it falls within the scope of protection of a registered design with an older age, even if this registered design was not disclosed until after the filing date of the registered design to be annulled,

3.

in which a sign with a distinguishing power of older seniority is used, and the owner of the sign is entitled to prohibit the use.

The holder of the registered design may consent to the deletion due to invalidity. (3) The invalidity shall be determined by decision of the German Patent and Trademark Office or by a judgment on the basis of a counterclaim in the infringement proceedings. (4) The protection effects of the registration of a design shall be deemed to be indisputable with the decision of the German Patent and Trademark Office or the legal force of the judgment declaring or declaring the nullity to be invalid from the outset (5) The nullity may also occur after the end of the term of protection of the designs or after renunciation of the registered design is established or explained. Unofficial table of contents

Section 34 Application authorisation

Everyone is empowered to submit an application for a declaration of invalidity pursuant to Section 33 (1). Only the holder of the right concerned shall be empowered to submit an application for a declaration of invalidity pursuant to section 33 (2). The ground for invalidity pursuant to Section 33 (1) (3) in conjunction with Article 3 (1) (4) may only be claimed by the person who is affected by the use; the competent authority shall remain unaffected by a declaration of assertions of its own due to the competent authority. Unofficial table of contents

§ 34a Invalidity proceedings before the German Patent and Trademark Office

(1) The application must be submitted in writing to the German Patent and Trademark Office. The facts and evidence used for the justification shall be indicated. § 81 (6) and § 125 of the Patent Act shall apply accordingly. The application shall be inadmissible in so far as the same dispute between the parties has been decided by an indisputable decision or by a final judgment. (2) The German Patent and Trademark Office shall provide the holder of the registered design with the following: Request and request it to be declared within one month of notification of the application. If the proprietor does not object to the application within this period, the invalidity shall be determined or declared. (3) If the application is contradicted in good time, the German Patent and Trade Mark Office shall inform the applicant of the opposition and shall meet the for the preparation of the decision. A hearing will take place if a participant requests this or if the German Patent and Trademark Office considers this to be relevant. The hearing of witnesses and experts may be ordered; § § 373 to 401 as well as § § 402 to 414 of the Code of Civil Procedure shall apply accordingly. A minutes of hearings and interrogations shall be completed, which shall reflect the essential course of the proceedings and shall contain the relevant statements of the parties concerned; § § 160a, 162 and 163 of the Code of Civil Procedure shall apply. (4) The decision shall be taken in writing by decision. The tenor can be announced at the end of the hearing. The decision shall be justified and shall be notified to the parties concerned. § 47 (2) of the Patent Act applies accordingly. (5) The decision shall determine the costs of the proceedings; § 62 (2) and Section 84 (2) sentence 2 of the Patent Law shall apply accordingly. In accordance with § 23 (3) sentence 2 and § 33 (1) of the Law Remuneration Act (Rechtsanwaltsremuneration Act), for the determination of the value of the object. The decision on the value of the object may be linked to the decision of the first sentence. Unofficial table of contents

§ 34b Suspension

If, in the course of the invalidity proceedings, or if a dispute is pending whose decision depends on the legal status of the registered design, the court may order the suspension of the dispute. The suspension shall be ordered if the court considers the registered design to be void. If the application for annulment has been rejected indisputably, the court of law shall be bound by that decision only if it has been issued between the same parties. Section 52b (3) sentence 3 shall apply accordingly. Unofficial table of contents

Section 34c Accession to invalidity proceedings

(1) A third party may accede to an invalidity procedure if no indisputable decision has yet been taken on the application for a determination or declaration of nullity and he can credibly make that:

1.

shall be subject to proceedings against him for infringement of the same registered design; or

2.

it has been asked to refrain from any alleged infringement of the same registered design.

Accession may be declared within three months from the initiation of the proceedings pursuant to the first sentence of the first sentence of the first sentence or from the date of receipt of the injunction under the first sentence of the first sentence. (2) The accession shall be made by application of the application; § § 34 and 34a shall apply accordingly. If the applicant is acceding to the appeal proceedings before the Federal Patent Court, the appellant shall be given the position of a complainant. Unofficial table of contents

§ 35 Part-wise Maintenance

(1) A registered design may remain in amended form,

1.

by determining the partial nullity or by declaring a partial waiver by the rightholder, if the nullity pursuant to § 33 (1) is due to lack of novelty or own nature (§ 2 (2) or (3)) or because of exclusion from the Design protection (§ 3) is to be established, or

2.

by declaration of partial nullity and consent to the partial deletion or declaration of partial waiver if the declaration of invalidity may be required in accordance with § 33 (2) sentence 1 (1) or (3),

provided that the protection requirements are fulfilled and the registered design retains its identity. (2) A reproduction of the design in a modified form within the meaning of Section 11 (2) sentence 1 number 3 shall be submitted to the German Patent and Trade Mark Office. Unofficial table of contents

§ 36 Delete

(1) A registered design shall be deleted

1.

at the end of the term of protection;

2.

in the case of a waiver at the request of the rightholder, if the consent of other holders of rights of the registered design and of the plaintiff registered in the register is submitted in the case of a procedure pursuant to § 9;

3.

at the request of a third party, if the third party presents the application with a public or publicly certified certificate with the declarations referred to in paragraph 2 above;

4.

in the case of consent to the deletion according to § 9 or § 33 (2) sentence 2;

5.

on the basis of an indisputable decision or final judgment on the determination or declaration of nullity.

The German Patent and Trademark Office decides on the rejection of the deletion by decision. (2) In accordance with paragraph 1 (2) and (3), the rightholder only partially renounts the registered design, he declares his consent in accordance with paragraph 1 (4). the deletion of a part of the registered design or a partial invalidity of a part of the registered design referred to in paragraph 1 (5) shall be effected instead of the deletion of the registered design in the register.

Section 7
Protective effects and restrictions

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Section 37 Subject to protection

(1) The protection shall be based on the characteristics of the appearance of a registered design, which are visible in the application. (2) For the purposes of deferment of the notice, contains a notification in accordance with § 11 paragraph 2 sentence In case of an orderly extension with the expiry of the postponement pursuant to section 21 (2), the subject matter shall be determined in accordance with the submitted design of the registered design. Unofficial table of contents

§ 38 Rights from the registered design and scope of protection

(1) The registered design grants to its rightholder the exclusive right to use it and to prohibit third parties from using it without his consent. Use shall in particular include the manufacture, offering, placing on the market, import, export, use of a product in which the registered design is incorporated or used and the possession of such a product. (2) The protection from a registered design extends to any design which does not give rise to any other general impression in the case of an informed user. In assessing the scope of protection, the degree of freedom of design of the deceased is taken into account in the development of his design. (3) During the period of the deferment of the notice (Article 21 (1) sentence 1), the protection shall be subject to the following conditions: Paragraphs 1 and 2, that the design is the result of an imitation of the registered design. Unofficial table of contents

Section 39 Assumption of legal validity

In favour of the rightholder, it is presumed that the requirements to be applied to the legal validity of a registered design are met. Unofficial table of contents

§ 40 Restrictions on the rights of the registered design

Rights from a registered design cannot be asserted against

1.

acts carried out in the private sector for non-commercial purposes;

2.

acts for experimental purposes;

3.

Reproductions for the purpose of citation or teaching, provided that such reproductions are compatible with the practices of the real business transactions, do not adversely affect the normal exploitation of the registered design, and give the source;

4.

Facilities in ships and aircraft registered abroad and only temporarily entering the country;

5.

the importation of spare parts and accessories for repair and for the carrying out of repairs to ships and aircraft referred to in point 4.

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Section 41 Pre-use law

(1) Rights in accordance with § 38 may be used against a third party who, prior to the filing date, has developed an identical design, developed independently of a registered design, in good faith or in real and serious institutions , shall not be invoked. The third party is entitled to exploit the design. The granting of licences (§ 31) is excluded. (2) The rights of the third party are not transferable, unless the third party operates a company and the transfer is carried out with the company part in which the use was made or the institutions have been hit.

Section 8
Infringements

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Section 42 Elimination, omission and compensation

(1) Anyone who uses a registered design (infringer) in breach of § 38 (1) sentence 1 may be entitled to omission by the rightholder or any other rightholder (injured) for the elimination of the impairment and in the event of recurrence. shall be taken. The right to omission exists even if an infringement threatens for the first time. (2) If the infringer acts intentionally or negligently, he is obliged to compensate for the damage resulting from it. In the assessment of the damages, the profit which the infringer has achieved through the violation of the law can also be taken into consideration. The claim for damages can also be calculated on the basis of the amount that the infringer would have had to pay as an appropriate remuneration if he had obtained permission to use the registered design. Unofficial table of contents

Section 43 Destruction, recall and dismissal

(1) The injured person may claim the infringer on the destruction of the products in the possession or property of the infringer, which are produced, disseminated or which are intended for illegal distribution. The first sentence must be applied in accordance with the devices in the property of the infringer, which have been used primarily for the manufacture of these products. (2) The injured person may be the infringer for the recall of illegal, widespread or for the illegal distribution of certain products or on their final removal from the distribution channels. (3) Instead of the measures provided for in paragraph 1, the injured person may require the products to be sold in the property of the infringer, against a reasonable remuneration, which the (4) The claims referred to in paragraphs 1 to 3 shall be excluded if the measure is disproportionate in individual cases. In the case of a proportionality test, account must also be taken of the legitimate interests of third parties. (5) The essential elements of buildings according to Article 93 of the Civil Code, as well as excerctable parts of products and devices, Production and distribution shall not be unlawful, shall not be subject to the measures provided for in paragraphs 1 to 3. Unofficial table of contents

§ 44 Liability of the proprietor of a company

If a registered design has been unlawfully violated in a company by a worker or agent, the injured person shall also have the right to claim damages in respect of claims arising from § § 42 and 43. Company. Unofficial table of contents

§ 45 Compensation

If the infringer is neither intentionally nor negligent, he can compensate the injured person in money for the purpose of wasting the claims in accordance with § § 42 and 43 if he/she would suffer disproportionately great damage by fulfilling the claims and is to pay the injured in money to the injured person. The amount to be paid shall be the amount which would have been appropriate in the case of a contractual grant of the right as remuneration. With the payment of the compensation, the consent of the injured person shall be deemed to be granted in the usual scope as granted. Unofficial table of contents

§ 46 Information

(1) The injured person may claim the infringer for immediate information on the origin and distribution of the infringing products. (2) In cases of apparent infringement of the law or in cases in which the injured person is opposed to the Without prejudice to paragraph 1, the claim shall also apply to a person on a commercial scale who has been subject to a complaint.

1.

had infringed products in their possession,

2.

the right-infringing services,

3.

services used for infringing activities, or

4.

having been involved in the manufacture, production or distribution of such products in accordance with the particulars of a person referred to in points 1, 2 or 3,

unless, according to § § 383 to 385 of the Code of Civil Procedure in the trial against the infringer, the person would be entitled to refuse to testit. In the case of the judicial enforcement of the claim provided for in the first sentence, the court may, upon request, suspend the litigation pending against the infringer pending the execution of the lawsuit brought about by the claim for information. The person who is obliged to provide information may require the injured person to reimbursed the expenses required for the exchange of information. (3) The information provided to the information to be provided shall be provided by:

1.

the name and address of the manufacturers, suppliers and other previous owners of the products or services, and of the commercial customers and outlets for which they were intended; and

2.

the quantity of products produced, delivered, obtained or ordered, and the prices paid for the products or services concerned.

(4) The claims referred to in paragraphs 1 and 2 shall be excluded if the claim is disproportionate in individual cases. (5) If the information provided for the information is intentionally or grossly negligently false or incomplete, he shall be responsible for the information provided. (6) Any person who has provided true information without being obliged to do so under paragraph 1 or paragraph 2 shall be liable to third parties only if he knew that he was responsible for the exchange of information. was not obligated. (7) In cases of obvious infringement, the Obligation to provide information by means of the inordinated disposition according to § § 935 to 945 of the Code of Civil Procedure. (8) The findings may be obtained in a criminal procedure or in a procedure under the law on In the event of an offence committed against the pledge against the pledge or against a family designated in § 52 (1) of the Code of Criminal Procedure only with the consent of the pledge against the pledge or against the pledge. (9) May the Information only with the use of traffic data (§ 3 point 30 of the Telecommunications Act) , a prior judicial order on the admissibility of the use of the traffic data to be requested by the injured person shall be required for the grant of such a request. For the adoption of this order, the District Court, in whose district the person concerned has his domiciliate, his registered office or a branch, is solely responsible for the value of the dispute. The decision shall be taken by the civil chamber. The provisions of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction shall apply in accordance with the procedure. The costs of the judicial order are borne by the injured. The decision of the Landgericht is subject to the complaint. The complaint shall be lodged within a period of two weeks. Moreover, the provisions on the protection of personal data remain unaffected. (10) Paragraph 2, in conjunction with paragraph 9, restricts the fundamental right of telecommunications secrecy (Article 10 of the Basic Law). Unofficial table of contents

§ 46a Template and tour

(1) If there is a sufficient probability of a breach of the law, the rightholder or any other person entitled may take advantage of the alleged infringer upon presentation of a document or a visit to a case in his/her own right. the power of disposal is found to be necessary in order to justify its claims. If there is a sufficient probability of a breach of law committed on a commercial scale, the claim shall also cover the submission of bank, financial or commercial documents. In so far as the alleged infringer asserts that it is confidential information, the court shall take the necessary measures to ensure the protection afforded on a case-by-case basis. (2) The claim referred to in paragraph 1 shall be if the use is disproportionate in individual cases. (3) The obligation to submit a document or to submit a visit to a case may be made in accordance with § § 935 to 945 of the Civil process order is ordered. The Court of First Instance shall take the measures necessary to ensure the protection of confidential information. This applies in particular in cases where the inversion is issued without prior hearing of the opponent. (4) § 811 of the Civil Code as well as § 46 (8) apply accordingly. (5) If there was no breach or threatened, it can be the alleged infringer of the person who has sought the submission or inspection referred to in paragraph 1 shall require the compensation of the damage caused to him by the desire. Unofficial table of contents

Section 46b Security of claims for damages

(1) The injured person may, in the event of a breach of the law on a commercial scale in the cases of § 42 (2), also on presentation of bank, financial or commercial documents or an appropriate access to the relevant documents in Claim, which is in the infringer's right of disposal and which is required for the enforcement of the claim for damages, if without the submission the fulfillment of the claim for damages is questionable. In so far as the infringer asserts that it is confidential information, the court shall take the necessary measures to ensure the protection afforded on a case-by-case basis. (2) The claim referred to in paragraph 1 shall be excluded if the (3) The obligation to submit the documents referred to in paragraph 1 may be ordered by means of the insinuating order in accordance with § § 935 to 945 of the Code of Civil Procedure if the Claim for damages obviously exists. The Court of First Instance shall take the measures necessary to ensure the protection of confidential information. This applies in particular in cases where the inversion is issued without prior hearing of the opponent. (4) § 811 of the Civil Code as well as § 46 (8) apply accordingly. Unofficial table of contents

Section 47 Announcement of the judgment

If a lawsuit has been filed under this Act, the ruling party may be given the power to make the judgment publicly known at the expense of the underlying party if it is to present a legitimate interest. The nature and scope of the contract notice shall be determined in the judgment. The power shall be issued if it has not been made use of within three months of the date of the judgment of the judgment. The phrase referred to in the first sentence shall not be provisionally enforceable. Unofficial table of contents

§ 48 exhaustion

The rights of a registered design shall not extend to acts relating to a product into which a design falling within the scope of protection of the right of a registered design is inserted, or in which it is used when the design of the design is not limited to the design of the design. the product has been placed on the market by the rightholder or with his consent in a Member State of the European Union or in another Contracting State of the Agreement on the European Economic Area. Unofficial table of contents

§ 49 statute of limitations

The statutory provisions of Section 5 of Book 1 of the Civil Code shall apply to the limitation of the claims referred to in § § 42 to 47. § 852 of the Civil Code shall apply in accordance with the provisions of Article 852 of the Civil Code, if the pledge has obtained something by the breach at the expense of the person entitled to the Unofficial table of contents

§ 50 Claims from other statutory provisions

Any claims arising from other statutory provisions shall remain unaffected. Unofficial table of contents

Section 51 Criminal Code

(1) Anyone who uses a registered design contrary to § 38 (1) sentence 1, although the rightholder has not consented, shall be punished with imprisonment for up to three years or a fine. (2) If the offender is commercial, then the sentence shall be Imprisonment of up to five years or fine. (3) The trial is punishable. (4) In the cases referred to in paragraph 1, the deed shall only be prosecuted on request, unless the law enforcement authority, because of the special public interest in the (5) objects on which the person who is responsible for the proceedings is subject to the Criminal offence, may be confiscted. Section 74a of the Criminal Code shall apply. Insofar as the claims in § 43 of the procedure are granted in accordance with the provisions of the Code of Criminal Procedure on the compensation of the injured (§ § 403 to 406c), the provisions on confiscation shall not apply. (6) If the holder of the right is requested and a legitimate interest in it, it is to be ordered that the conviction shall be made public at the request of the holder. The nature of the contract notice shall be determined in the judgment.

Section 9
Procedures in design disputes

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Section 52 Designstreitmatters

(1) For all actions by which a claim is made from one of the legal relationships governed by this Law (design disputes), the District Courts, with the exception of the determination or declaration of nullity according to § 33, are not (2) The State Governments are empowered to assign to one of them the design disputes for the districts of several District Courts by means of a regulation, provided that this is the objective of the factual promotion or faster execution of the procedures. The State Governments may transfer these appropriations to the Land Justice Administrations. (3) Countries may, by agreement, assign the design courts of one country to the competent design court of another country in whole or in part. (4) The costs arising from the involvement of a patent attorney in a design dispute shall be reimbursed by the fees in accordance with § 13 of the Law Remuneration Act and also the necessary expenses of the patent attorney. Unofficial table of contents

Section 52a The assertion of invalidity

A party may rely on the lack of legal validity of a registered design only by levying a counterclaim for the determination or declaration of invalidity or by submitting an application in accordance with § 34. Unofficial table of contents

Section 52b A counterclaim for a declaration or declaration of invalidity

(1) The Design Courts shall be responsible for revocation or declaration of invalidity of a registered design, provided that they are collected in connection with actions relating to the infringement of the same design registered. § 34 shall apply accordingly. (2) The counterclaim is inadmissible to the extent that in the nullity proceedings (§ 34a) the same dispute between the same parties has been decided by an indisputable decision. (3) At the request of the holder of the registered Designs may, after hearing the other parties, suspend the proceedings and request the counterparty to establish or declare the invalidity within a period to be determined by the German Patent and Trademark Office within a period to be determined by the court. to apply for this registered design. If the application is not made within the time limit, the proceedings shall continue; the counterclaim shall be deemed to be withdrawn. The court may adopt injunctions and take security measures for the duration of the suspension. (4) The court shall inform the German Patent and Trademark Office of the date of the collection of the counterclaim. The German Patent and Trade Mark Office records the day of the survey in the register. The court shall send the German Patent and Trademark Office a copy of the final judgment. The German Patent and Trademark Office shall enter the result of the procedure with the date of the legal force in the register. Unofficial table of contents

§ 53 Place of jurisdiction in the case of claims under this Act and the Act against Unfair Competition

Notwithstanding Article 14 of the Act against Unfair Competition, claims relating to the legal relationships governed by this Act and also based on the provisions of the Act against unfair competition may be subject to unfair competition before the law applicable to the the court in charge of the dispute is to be invoked. Unofficial table of contents

§ 54 Dispute Resolution

(1) Power in bourgeois litigation where a claim is asserted by one of the legal relationships governed by that law, a party believable that the burden of the process costs after the full In the event that a dispute would seriously jeopardise its economic situation, the Court of First Instance may, at its request, order that the obligation of that party to pay legal expenses shall be subject to a part of the dispute adjusted in accordance with the economic situation of the Court of First Instance (2) The order referred to in paragraph 1 shall mean that the beneficiary party shall pay the fees of their lawyer shall also be required to pay only after that part of the dispute. In so far as the costs of the lawsuit are imposed or insofar as it is assumed, it shall reimburse the court fees paid by the opponent and the fees of his attorney only after the part of the dispute. In so far as the extra-judicial costs are imposed on the opponent or taken over by him, the attorney of the beneficiary party may contribute his fees from the opponent in accordance with the dispute in force. (3) The application referred to in paragraph 1 may be before the office of the Court of First Instance, shall be declared a copy. He is to be put to the main proceedings before the trial. Thereafter, it shall be admissible only if the approved or established dispute is subsequently brought up by the court. Before deciding on the application, the opponent is to be heard.

Section 10
Provisions relating to measures taken by the customs authorities

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Section 55 Seizure of import and export

(1) Where a breach of the law appears to be apparent in accordance with the first sentence of Article 38 (1), the product concerned shall be subject to the application and to the security of the rightholder upon importation or exportation of the seizure by the customs authority, to the extent to which Council Regulation (EC) No 1383/2003 of 22 July 2003 on customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods that have been recognised as being contrary to the violate such rights (OJ L 327, EU No 7) should be applied in their respective versions. This shall apply only to the traffic with other Member States of the European Union and to the other States Parties to the Agreement on the European Economic Area, to the extent that checks are carried out by the customs authorities. (2) The customs authorities shall: Seizure shall be notified immediately to the person entitled to dispose of the goods and to the rightholder. This information shall be notified of the origin, quantity and location of the products as well as the name and address of the person entitled to dispose of the goods; the letter and mail secrecy (Article 10 of the Basic Law) shall be restricted to this extent. The rightholder shall be given the opportunity to inspect the products, where this is not done in commercial or industrial secrecy. Unofficial table of contents

§ 56 Confiscation, contradiction

(1) If the seizure is not contradicted at the latest within two weeks after the notification of the communication pursuant to Article 55 (2) sentence 1, the customs authorities shall order the confiscation of the products seized. (2) Reaction of the If the seizure of the seizure is justified, the customs authority shall immediately inform the rightholder. It shall immediately declare to the customs authority whether it maintains the application in accordance with Article 55 (1) in respect of the products seized. (3) If the rightholder withdraws the application, the customs authorities shall lift the seizure immediately. If the rightholder maintains the application and submits a enforceable court decision ordering the custody of the products seized or a restriction of disposal, the customs authority shall take the necessary measures. (4) If the cases referred to in paragraph 3 are not available, the customs authorities shall abolic the seizure after the expiry of two weeks after notification of the notification to the rightholder in accordance with the first sentence of paragraph 2. If the rightholder proves that the court decision referred to in the second sentence of paragraph 3 has been requested but has not yet been received, the seizure shall be maintained for a further two weeks. (5) The seizure shall be deemed to have been At the beginning of the unjustified and unjustified request, the rightholder has maintained the application pursuant to Article 55 (1) in respect of the products seized or not immediately declared (second sentence of paragraph 2), he shall be obliged to give the right to the right to dispose of the goods. damage caused by the seizure. Unofficial table of contents

Section 57 competences, appeal

(1) The application pursuant to Section 55 (1) shall be submitted to the Federal Financial Directorate and shall have effect for one year, unless a shorter period of validity is requested; it may be repeated. In the case of the official acts relating to the application, costs are levied by the rightholder in accordance with § 178 of the Tax Code. (2) The seizure and confiscation can be appealed with the legal remedies which are subject to the fine Law on administrative offences against seizure and confiscation is permitted. In the appeal proceedings, the rightholder is to be heard. An immediate appeal is admissible against the decision of the local court; the Higher Regional Court decides on it. Unofficial table of contents

Section 57a Procedure in accordance with Regulation (EC) No 1383/2003

(1) In accordance with Article 9 of Regulation (EC) No 1383/2003, the competent customs authority shall forthwith inform the rightholder and the applicant, or the owner or owner of the goods, of the goods being released or withheld the goods. (2) In the case referred to in paragraph 1, the rightholder may request that the goods be destroyed in the simplified procedure described below in the meaning of Article 11 of Regulation (EC) No 1383/2003. (3) The application must be submitted to the customs authority within 10 working days or in the case of slightly perishable goods within three Working days after receipt of the information referred to in paragraph 1 shall be made in writing. It must contain the communication that the goods which are the subject of the proceedings infringe a right protected under this law. The written consent of the declarant, the owner or the owner of the goods for their destruction shall be attached. By way of derogation from the third sentence, the declarant, the owner or the owner may make the written declaration, whether he or she agrees to be destroyed or not, directly to the customs authority. The period referred to in the first sentence may be extended by ten working days before the expiry of the request by the rightholder. (4) The consent for destruction shall be deemed to have been granted if the notifier, the owner or the owner of the goods do not destroy the goods. within 10 working days or, in the case of slightly perishable goods, within three working days of receipt of the information referred to in paragraph 1. This circumstance should be pointed out in the information referred to in paragraph 1. (5) The destruction of the goods takes place at the expense and the responsibility of the rightholder. (6) The customs office can take over the organisational management of the destruction. Paragraph 5 shall remain unaffected. (7) The retention period referred to in the second indent of Article 11 (1) of Regulation (EC) No 1383/2003 shall be one year. (8) In addition, Sections 55 to 57 shall apply mutatily unless Regulation (EC) No 1383/2003 contains provisions which are contrary to the provisions of the Treaty.

Section 11
Special provisions

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Section 58 domestic representatives

(1) If you are not domicated or have a registered office in Germany, you can only take part in proceedings before the German Patent and Trademark Office or the Federal Patent Court in accordance with a procedure governed by this law and only the rights from a registered design can only be made if he has appointed a lawyer or a patent attorney as a representative in the country who is represented in the proceedings before the German Patent and Trademark Office, the Federal Patent Court and in civil litigation which is the subject of the (2) Registered design and the status of criminal applications. (2) Nationals of a Member State of the European Union or of another Contracting State of the Agreement on the European Economic Area may, for the purpose of providing a service within the meaning of the Treaty establishing the European Economic Area, Community as representatives within the meaning of paragraph 1 shall be appointed if they are entitled to carry out their professional activities under one of those in the annex to § 1 of the Law on the Activities of European Lawyers in Germany of 9 March 2000 (BGBl. 182) or to § 1 of the Act on the Eligibility Test for Admission to the Patent Attorney's Office of 6 July 1990 (BGBl. (3) The place where a representative referred to in paragraph 1 has its business premises shall be deemed to be the place in which the person concerned is responsible for the purposes of Article 23 of the Code of Civil Procedure. In the absence of such a business space, the place of residence shall be the place where the representative domestiated, and in the absence of such a place, the place where the German Patent and Trademark Office has its registered office. (4) The the appointment of a representative referred to in paragraph 1 shall not be effective until the appointment of a representative pursuant to paragraph 1 this termination as well as the appointment of another representative to the German Patent and Trademark Office or the Federal Patent Court will be indicated. Unofficial table of contents

Section 59 Breeding of a registered design

Those who use a name which is likely to give the impression that a product is protected by a registered design shall be obliged, upon request, to anyone who has a legitimate interest in the knowledge of the legal situation. To provide information on which registered design is based on the use of the label. Unofficial table of contents

§ 60 Registered designs in accordance with the Extension Act

(1) For all under the Enforcement Act of 23 April 1992 (BGBl. 938), as last amended by Article 2 (10) of the Law of 12 March 2004 (BGBl I). 390), the registered designs are subject to the provisions of this Act, unless otherwise specified in paragraphs 2 to 7. (2) The term of protection for registered designs, which is based on the 28. The date on which the filing date falls is 25 years after the end of the month in which the filing date falls. The maintenance of protection will be due to payment of a maintenance fee for the 16. to 20. year and for the 21. up to 25. (3) If the right to remuneration has already been incurred as a result of the use of a registered design in accordance with the legislation applicable until the date of entry into force of the law on the extension of the law, the following shall be: (4) Those who have a registered design protected by a copyright certificate in accordance with Section 4 of the Law on Enforcement as amended on May 31, 2004, or which have been granted a copyright certificate to be applied until the date of entry into force of the law on the extension of the law on the extension of the It may continue to use legislation in the entire territory of the Federal Republic of Germany. The holder of the right of protection may require the user to pay an appropriate remuneration for further use. (5) Is a patent for a patent for a patent in accordance with § 4 of the Law on Enforcement as amended on 31 May 2004. Industrial design in accordance with Article 10 (1) of the Industrial Patterns Regulation of 17 January 1974 (GBl). 140), as amended by the Regulation of 9 December 1988 (GBl). 333), this is the publication of the registration of the application in the Register of Design in accordance with Section 8 (2) of the German Design Act (Design Act) in the version valid until 31 May 2004 (6) Insofar as registered designs which have been extended to the territory referred to in Article 3 of the Agreement on Stretching or the rest of the Federal Republic in accordance with the Law on Enforcement, agree in their protection area and as a result of the extension. the holders of these rights or of protection rights may not Consideration of their sentimatal rights from the rights of protection or protection against the persons to whom the proprietor of the other right of protection or the other patent application has allowed the use to be asserted. . However, the subject-matter of the right of protection or of the patent application may not be used, or only subject to restrictions, in the area to which the right of protection or the application for protection has been filed, to the extent that the full use for a substantial impairment of the holder of the other right of protection or of the other intellectual property application or of the persons to whom he has authorised the use of the subject of his right of protection or of his/her application for protection, , taking into account all the circumstances of the case and in the event of a weighing the legitimate interests of the parties concerned would be unfair. (7) The effect of a registered design according to § 1 or § 4 of the Enforcement Act as amended on 31 May 2004 does not occur against those who have registered design in the territory in which it did not apply until the entry into force of the Law on the Enforcement of Enforcement, has been lawfully used in accordance with the date of the application for the time of the application and before 1 July 1990. This is empowered to use the registered design throughout the territory of the Federal Republic of Germany for the needs of its own company in its own or other workshops with the barriers resulting from the corresponding application of Section 12 of the Patent Law, in so far as the use does not lead to a substantial impairment of the holder of the right of protection or of the persons to whom he has authorized the use of the object of his right of protection, taking into account all the circumstances of the case and if the legitimate interests of the parties were to be weighed down, it would be incheap. In the case of a product manufactured abroad, the user is entitled to use the right of use in accordance with the first sentence only if a protective acquis has been established by the use of the goods within the country, the non-recognition of which has been taken into account in the light of all Circumstances of the case would constitute an undue hardship for the user. Unofficial table of contents

§ 61 Typographic characters

(1) Legal protection under this Act shall be granted for the typographic characters registered in accordance with Article 2 of the Law on the Law of the Law of 1 June 2004 until the expiry of 1 June 2004, to the extent that nothing in paragraphs 2 to 5 of this Act is applicable. (2) For the applications filed under Article 2 of the Law on the Law of the Law, which have been filed before the end of 31 May 2004, the provisions applicable to them at that date shall continue to apply to the requirements of the protective capacity Application. (3) Rights of registered designs may not be invoked against actions , which were initiated before 1 June 2004 and which the owner of the typographic character could not have prohibited under the provisions in force at that date. (4) Until the registration of the provisions referred to in paragraph 1 Characters shall be subject to their protective effects in accordance with the law of the law in force until the end of 31 May 2004. (5) In order to maintain the term of protection for the characters referred to in paragraph 1, by way of derogation from § 28. The first sentence of paragraph 1 shall be paid only after the eleventh year of the term of protection.

Section 12
Community design

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Section 62 forwarding of the application

In the case of the German Patent and Trade Mark Office, applications of Community designs pursuant to Article 35 (2) of Council Regulation (EC) No 6/2002 of 12 December 2001 on the Community design (OJ L 327, 30.12.2001, p. EC 2002 No 1), the German Patent and Trademark Office shall, upon registration, record the date of receipt and immediately forward the application without examination to the Office for Harmonisation in the Internal Market (Trade Marks and Designs). Unofficial table of contents

Section 62a Application of the provisions of this Act to Community designs

To the extent that German law is applicable, the following provisions of this Act shall apply mutas to the proprietor of a Community design which is protected under Regulation (EC) No 6/2002:

1.

the provisions on claims for the elimination of impairment (§ 42 (1) sentence 1), on damages (§ 42 (2)), on destruction, on revocation and surrender (§ 43), on information (§ 46), on presentation and inspection (§ 46a), on protection of claims for damages (§ 46b) and to the notice of judgment (§ 47) in addition to the claims referred to in Article 89 (1) (a) to (c) of Regulation (EC) No 6/2002;

2.

the rules on the liability of the holder of a company (§ 44), compensation (§ 45), limitation of limitation (§ 49) and claims arising from other statutory provisions (§ 50);

3.

the provisions relating to applications for seizure on imports and exports (§ § 55 and 57).

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Section 63 Community design disputes

(1) For all actions for which the Community Design Courts within the meaning of Article 80 (1) of Regulation (EC) No 6/2002 are competent (Community design disputes), the Community design courts shall be the first (2) The State Governments are authorized to use the Community design dispute procedure for the districts of several countries by means of a decree-law. To assign Community design courts to one of these courts. The State Governments may transfer this authorisation to the Land Justice Administrations by means of a legal regulation. (3) Countries may, by agreement, complete or partially carry out the tasks of the Community Design Courts of a country. to the competent Community Design Court of another country. (4) § § 52 (4) shall apply to proceedings before the Community Design Courts, as well as Articles 53 and 54 of this Article. Unofficial table of contents

Section 63a Information of the Commission

The Federal Ministry of Justice and Consumer Protection shall notify the Commission of the European Communities of the Community design courts of first and second instance designated in accordance with Article 80 (1) of Regulation (EC) No 6/2002, and any change in the number, designation or local jurisdiction of those courts. Unofficial table of contents

Section 63b Local competence of the Community Design Courts

Where German Community design courts have international jurisdiction in accordance with Article 82 of Regulation (EC) No 6/2002, the local jurisdiction of those courts shall be subject to the rules which would be applicable if it is a matter of The German Patent and Trademark Office filed an application for a design or a design that was registered in the Register of the German Patent and Trademark Office. Where jurisdiction is not established, the court shall have jurisdiction in the courts in which the plaintiff has its general place of jurisdiction. Unofficial table of contents

Section 63c Insolvency proceedings

(1) Where it is known to the Insolvency Court that a registered or submitted Community design belongs to the insolvency estate, it shall request the Office for Harmonisation in the Internal Market (trade marks, designs and models) for direct circulation, the following information shall be entered in the Register of Community Design or, if it is a notification, in the file of the application:

1.

for the opening of the procedure and, where not already included in the register, the arrangement of a restriction of disposal,

2.

for the release or sale of the Community design or the application of the Community design,

3.

the final cessation of the procedure,

4.

for the final annulment of the proceedings, but in the case of supervision of the debtor only after the end of such monitoring, and for a restriction of the use of the system.

(2) The registration in the Register for Community Design or in the files of the application may also be applied for by the insolvency administrator. In the case of self-administration, the administrator shall replace the insolvency administrator. Unofficial table of contents

Section 64 Granting of the enforcement clause

The Federal Patent Court shall be responsible for issuing the enforcement clause pursuant to the second sentence of Article 71 (2) of Regulation (EC) No 6/2002. The enforceable copy is issued by the Urkundsofficer of the office of the Federal Patent Court. Unofficial table of contents

Section 65 Criminal infringement of a Community design

(1) Anyone who uses a Community design contrary to Article 19 (1) of Regulation (EC) No 6/2002, although the proprietor has not consented, shall be punishable by a custodial sentence of up to three years or a fine. (2) § 51 (2) to (6) accordingly.

Section 13
Protection of industrial designs and models under the Hague Convention

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Section 66 Application of this Act

This law is applicable to registrations or registrations of industrial designs and models under the Hague Convention of 6 November 1925 on the international registration of industrial designs (Hague Convention) (RGBl. 1928 II p. 175, 203) and its one in London on 2 June 1934 (RGBl. 583, 617), on 28 November 1960 in The Hague (BGBl. 774) and in Geneva on 2 July 1999 (BGBl. 837), the protection of which relates to the territory of the Federal Republic of Germany, to the extent that this Section, the Hague Agreement or its versions do not apply to the territory of the Federal Republic of Germany. other than that. Unofficial table of contents

Section 67 Filing of the international application

The international application for commercial designs or models can be submitted either directly from the International Office of the World Intellectual Property Organization (International Office) or via the German Patent and Trademark Office. to be submitted. Unofficial table of contents

Section 68 forwarding of the international application

If international applications are filed with the German Patent and Trademark Office, the German Patent and Trademark Office shall record the date of receipt on the application and shall immediately forward the application without examination without delay. to the International Bureau. Unofficial table of contents

Section 69 Examination for obstacles to entry

(1) International entries shall be examined for registration in the same manner as registered designs registered for registration in the register held by the German Patent and Trademark Office, in accordance with § 18. If the German Patent and Trademark Office finds that there are grounds for refusal in accordance with § 18, it shall transmit it to the International Bureau within a period of time, if the application is refused. Six months from the date of publication of the international registration, a notice on the refusal of protection. The notice states all grounds for refusal of protection. (3) After the International Bureau has sent a copy of the notice on the refusal of protection to the holder of the international registration, the German Patent and the German Patent To give the proprietor the opportunity to comment on the refusal of protection within a period of four months and to waive the protection. After the expiry of this period, the German Patent and Trademark Office shall decide on the maintenance of the refusal of protection by decision. To the extent that the German Patent and Trademark Office maintains the refusal of protection, the proprietor has the same legal remedies to the decision as in the case of refusing a registration for the registration of a registered design in the German Patent and Trademark Office. To the extent that the German Patent and Trademark Office does not maintain the refusal of protection or if it is legally established that the protection has been wrongly refused, the German Patent and Trademark Office shall immediately accept the refusal of protection back. Unofficial table of contents

Section 70 Night-time protective education

(1) The application or the counterclaim for a determination or declaration of invalidity pursuant to § 33 (1) or (2) shall be replaced by the application or the counterclaim to the determination of the invalidity for the territory of the Federal Republic of Germany. The application for the deletion of consent to the deletion in accordance with Section 9 (1) shall be replaced by the application for protection of the protection. The court shall send the German Patent and Trademark Office a copy of the final judgment. § 35 applies accordingly. (2) If the German Patent and Trademark Office has been informed that the invalidity of an international registration has been established for the territory of the Federal Republic of Germany or that it has been withdrawn from the protection of the German Patent and Trademark Office, the Office shall be informed of the it shall immediately inform the International Bureau thereof. Unofficial table of contents

Section 71 Effects of international registration

(1) An international registration whose protection relates to the territory of the Federal Republic of Germany shall have the same effect as from the date of its registration, as if it had been registered on that date with the German Patent and Trademark Office as a registered design (2) The effect referred to in paragraph 1 shall be deemed not to have occurred if the international registration of protection is refused (Article 69 (2)), the invalidity of which for the territory of the Federal Republic of Germany has been refused. Germany (§ 70 (1) sentence 1), or pursuant to § 9 (1) or § 34 sentence 1 of the protection (3) If the German Patent and Trademark Office remembers the notice of refusal of protection, the international registration for the Federal Republic of Germany shall be effective retrospectively from the date of its registration.

Section 14
Transitional provisions

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Section 72 Applicable Law

(1) Registered designs which, before 1 July 1988, have been published in accordance with the Design Act in the revised version published in the Bundesgesetzblatt, Part III, No. 442-1, as last amended by Article 8 of the Law of 23 July 2002. (BGBl. 2850), the rules in force up to that date shall continue to apply. (2) On registered designs, which are prior to the 28. They shall continue to apply the provisions on the conditions of protection which apply to them at the time of the date of October 2001. Rights arising from these registered designs cannot be asserted in so far as they affect acts within the meaning of Section 38 (1), which are prior to the 28. In accordance with the provisions of the German Design Act, in the revised version published in the Bundesgesetzblatt, Part III, outline number 442-1, the last day of the last day of the last day of the last day of the last day of the last day of the last day of the last day of the last day of the (3) For registered designs which have been registered before 1 June 2004 but have not yet been registered, the protective effects shall be determined up to the registration in accordance with the provisions of the German Design Act (Design Act) in the in the Bundesgesetzblatt Part III, outline number 442-1, published (4) Article 229 (6) of the Introductory Act to the Civil Code shall apply in accordance with the provisions of Section 14a (3) of the German Design Act (Design Act) in the Published in the Federal Law Gazans Part III, outline number 442-1, as published in the version valid up to 1 January 2002, the provisions of the Civil Code on the statute of limitations in the version valid up to 1 January 2002 is the same. Unofficial table of contents

Section 73 Legal restrictions

(1) Rights from a registered design cannot be asserted in respect of acts which use a component to repair a complex product with a view to the restoration of its original Form of publication if these acts are not prevented in accordance with the Design Act in the revised version published in the Federal Law Gazan Part III, No. 442-1, in the version valid up to the end of 31 May 2004 (2) For existing licences on the basis of the registration or registration of a registered design right granted before 1 June 2004, Section 31 (5) shall apply only if the right has been transferred from 1 June 2004 or the licence has been granted from that date. (3) Claims for the designation of the devaluer § 10 may only be used for registered designs which are registered as from 1 June 2004. (4) The protective effect of modifications of basic patterns according to § 8a of the German Design Act (Design Act) in the applicable law until the end of 31 May 2004 It shall be governed by the provisions of the Design Act in the Federal Law Gazans Part III, outline number 442-1, published on the date of the expiry of the 31 May 2004. Section 28 (2) shall apply to the maintenance of modifications of a basic pattern with the proviso that first the basic patterns shall be taken into account. Unofficial table of contents

Section 74 Transitional provision on the Law for the Modernisation of the Design Act and the amendment of the regulations on notices of exhibition protection

(1) Design of designs until the entry into force of the law of 10. October 2013 (BGBl. 2). (2) § 52a applies only to design disputes which have been pending after 31 December 2013.