Read the untranslated law here: http://www.gesetze-im-internet.de/geschmmg_2004/BJNR039010004.html
Law on the legal protection of design (ratified - DesignG) DesignG Ausfertigung date: 12.03.2004 full quotation: "ratified as amended by the notice of 24 February 2014 (Federal Law Gazette I p. 122)" stand: Neugefasst by BEK. v. 24.2.2014 I 122 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from: 1.6.2004 +++) (+++ official note of the standard authority on EC law: implementation of EGRL 71/98 (CELEX Nr: 398 L 0071) see G v. 12.3.2004 I 390 u.)
G v 10.10.2013 I 3799 +++) this law is the implementation of the Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs (OJ EC No. L 289, p. 28). The G was adopted I 390 by the Bundestag 1 d. G v. 12.3.2004 as article. It accordance with article 6 para 1 of this G on the 1.6.2004 enter into force. Accordance with article 6 para 2 enter section 26, § 52 para 2 and § 63 para 2 mWv 19.3.2004 into force.
Heading: IdF d. Article 1 No. 1 G v. 10.10.2013 I 3799 mWv effect table of contents section 1 protection conditions § 1 definitions section 2 design protection article 3 exclusion of § 4 design protection component parts of complex products § 5 Revelation § 6 grace period section 2 legitimate section 7 right to the registered design § 8 formal permission § 9 claims of against unauthorized § 10 Designer designation section 3 registration procedure article 11 registration § 12 multiple application article 13 § 14 filing foreign priority section 15 exhibition priority article 16 examination of the application of article 17 further processing of the application of article 18 grounds for refusal sec. 19 maintains the registry of and registration section 20 notice section 21 deferment of publication article 22 consultation of the register article 23 procedural rules, complaint, and appeal section 24 legal aid § 25 electronic proceedings, authority to issue regulations § 26 regulation appropriations section 4 formation and term of protection article 27 formation and term of protection article 28 maintenance section 5 registered design as an object of property § 29 succession section 30 rights in rem, levy of execution, insolvency proceedings § 31 license § 32 pending designs section 6 cancellation and deletion of article 33 nullity section 34 of authority of of application for § 34a invalidation proceedings before the German patent and Trademark Office section 34 b suspension § 34c nullity proceedings § 35 partial maintenance section 36 deletion section 7 protection effects and protection restrictions section 37 object of the protection of article 38 rights in the registered design and scope of protection article 39 presumption of validity section 40 restrictions of rights from the registered design of section 41 right based on prior use section 8 infringement § 42 removal, omission and damages § 43 destruction, callback, and provision of § 44 liability of the owner of a company article 45 compensation § 46 information section 46a template and viewing section 46 b backup damages § 47 judgment notice section 48 exhaustion § 49 limitation period of § 50 claims from other legal provisions § 51 penal provisions section 9 procedures in design litigation section 52 design litigation § 52a assertion of invalidity of article 52 b counterclaim for a determination or declaration of invalidity of section 53 jurisdiction for claims under this law and the law against unfair competition § 54 litigation favoring section 10 requirements of customs authorities article 55 seizure in the imports and exports article 56 confiscation, § 57 opposition powers, remedies § 57a procedure under Regulation (EC) No. 1383/2003 section 11 specific provisions section 58 domestic representative section 59 be improper of a registered design § 60 registered designs under the extension Act § 61 typographic characters section 12 RCD § 62 forwarding the application section 62a application the provisions of this Act on Community designs section 63 community design patent litigation section 63a informing the Commission § 63 b territorial jurisdiction of the community design courts section 63 c insolvency proceedings § 64 granting the enforcement section 65 criminal infringement of a community design section 13 protection of industrial designs and models under the Hague Convention section 66 application this Act section 67 filing of the international application article 68 forwarding the international application 69 examination on grounds for refusal Article 70 subsequent withdrawal of protection article 71 effect of the international registration article 14 transitional provisions § 72 law § 73 Rechtsbeschränkungen 74 transitional provisions to the Act for the modernisation of the register designs Act and amending the laws relating to the notices to the exhibition protection section 1 is conditions of protection article 1 definitions for the purposes of this Act 1 a design the two-dimensional or three-dimensional appearance of a whole product, or any portion of it, resulting in particular from the characteristics of the lines , Contours, colors, shape, texture or materials of the product itself or its ornamentation is;
2. is a product of any industrial or handicraft item, including packaging, equipment, graphic symbols and typographic characters as well as parts that you should; be assembled into a complex product a computer program is not considered product;
3. is a product composed of several components that replace them so that the product can be assembled disassembly and re - a complex product;
4. is an intended use by the end user, excluding maintenance, servicing or repair;
5. is regarded as right holder the holder of the registered designs registered in the register.
Section 2 design protection (1) a registered design is protected a design that is new and has individual character.
(2) a design is considered to be new if no identical design has been revealed prior to the filing date. Design is considered to be identical if their characteristics only in minor details differ.
(3) a design has individual character if the overall impression which it produces on the informed user differs from the overall impression, which evokes a different design this user that's been revealed prior to the filing date. The degree of freedom of the designer in developing the design is taken into account when assessing the individual character.
Article 3 exclusion of design protection (1) design protection are excluded 1 characteristics of appearance of products which are solely dictated by its technical function;
2. characteristics of appearance of products that inevitably must be reproduced in their exact form and dimensions in order for the product in which the design is incorporated or to which it is applied, can be mechanically assembled with another product or connected or placed in this, this or this around so that both products perform their function;
3 designs, which offend against public order or morality;
4. designs, the misuse of the characters listed in article 6th of the Paris Convention for the protection of industrial property or constitute other badges, emblems and coats of arms of public interest.
(2) the characteristics of appearance within the meaning of paragraph 1 paragraph 2 are not excluded from the design protection, if they serve the purpose to enable the Assembly, or the connection of a variety of interchangeable parts within a component system.
§ 4 component parts of complex products used a design that is the component part of a complex product, a product, or inserted in this product, only then is considered new and only has individual character if the building element that is inserted in a complex product remains visible in its intended use and that visible features of the component itself meet the requirements of novelty and individual character.
§ 5 revelation a design is revealed when it published, exhibited, used in transport or in any other manner the public was made available, unless this could be active in the community professionals of the sector in the normal course of business prior to the filing date of the design is not known. A design is considered not disclosed, when it was made known to a third party only under the express or implied condition of confidentiality.
§ 6 grace a revelation remains in the application of § 2 paragraph 2 and 3 into account, if a design has been made available to the public during the twelve months before the filing date by the designer or his successor in title or by a third party as a result of information or actions of the designer or his successor in title. The same applies if the design as a result of an abusive act against the designer or his successor in title has been revealed.
Section 2 legitimate section 7 right to the registered design (1) which is entitled on the registered design to the designer or his successor in title. Several persons have jointly designed a design, so the registered design right to joint them.
(2) If a design is designed by an employee in the exercise of his duties or following the instructions of his employer, so the right in the registered design is to the employer, unless contractually agreed otherwise.
§ 8 formal permission apply the applicant and the holder in proceedings relating to a registered design, as authorized and undertaken.
§ 9 claims of against unauthorized (1) is a registered design the name of a legitimate not according to § 7 registered the authorized without prejudice to other claims which require the consent in its deletion or transfer of registered design can. As far as in the deletion is agreed, the protective effects of the registered designs in this range is considered to be not occurred from the outset. Who is entitled as owner, may require the granting of its ist.
(2) the claims can be made claims referred to in paragraph 1 only within a period of three years from the publication of the registered design through action. This does not apply if the right holder when you register or transfer of the registered design was acting in bad faith.
(3) in the case of a complete change of proprietorship pursuant to paragraph 1, sentence 1 shall expire with the entry of the person entitled in the register of licenses and other rights. If the previous owner or a licensee has exploited the registered design or made real and serious preparations to do so, he can continue this recovery when he applied for a nonexclusive license for the new owner within a period of one month after its registration. The license is to allow for a reasonable period of time on reasonable terms. Sentences 2 and 3 shall not apply if the right holder or the licensee at the time, as he has started with the exploitation or made preparations to do so, was acting in bad faith.
(4) the initiation of legal proceedings in accordance with paragraph 2, the final decision in this procedure as well as any other termination of this procedure and any change of ownership as a result of this procedure are entered in the register of registered designs (register).
§ 10 Designer designation of 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 against the applicant for or the right holder. If the design is the result of team-work, every single designer can require his nomination.
Section to submit notification (1) which is the application for registration of a design in the register 3 registration procedure article 11 at the German patent and Trademark Office. The application can be filed through a patent information center if this post by publication of the Ministry of Justice and consumer protection in the Federal Law Gazette this is intended to accept prosecution.
(2) the application must contain: 1. a request for registration, 2. information, allowing it to determine the identity of the applicant and 3 one to promote appropriate reproduction of the designs.
If an application is made according to article 21, paragraph 1, sentence 1, the playback may be replaced by a square measure-Designabschnitt.
(3) the application must contain an indication of the products should be included in the design or to which it is applied.
(4) the application must comply with other registration requirements, which have been determined in a Decree pursuant to section 26.
(5) the registration may also contain: 1 a description explaining the playback, 2. a request for deferment of image publication according to § 21 paragraph 1 sentence 1, 3. a directory with the goods class or the classes of goods in which the design is, 4. the specification of the designer or designers, 5. providing a representative.
(6) the information according to paragraphs 3 and 5 point 3 have no effect on the scope of protection of registered designs.
(7) the applicant may withdraw the application at any time.
§ 12 (1) multiple application several designs can summed up in an application are (multiple application). The multiple application shall include not more than 100 designs.
(2) the applicant a multiple application can divide by declaration to the German patent and Trademark Office. The Division shall be without prejudice to the date of filing. The amount of the fees that pay would be higher than the paid registration fees, to the Patent Act for each divisional application, the difference is to be paid to.
§ 13 filing date (1) who is filing a design the day where according to § 11 paragraph 2 1 at the German patent and Trademark Office 2 or, if this place determined by publication of the Ministry of Justice and consumer protection in the Federal Law Gazette to the documents containing the information specified, arrived with a patent information center.
(2) is effectively taken a priority according to section 14 or section 15 claim, the sections 2 to 6, 12 paragraph 2 occurs when the application set 2, article 21, paragraph 1, sentence 1, § 33 paragraph 2 sentence 1 number 2 and section 41 the priority date to the point of filing date.
§ 14 foreign priority (1) who takes the priority of an earlier foreign application of the same designs claim under a State contract, has before the expiration of the 16th month from the priority date time to specify country and file number of the earlier application and to submit a copy of the previous application. The information can be changed within the time limit.
(2) the earlier application in a State has been filed, with which no Treaty on the recognition of priority exists, the applicant may take a corresponding to the right of priority under the Paris Convention priority right claimed, where after a notice of the Federal Ministry of Justice and consumer protection in the Federal Law Gazette of another State on the basis of first applications with the German patent and Trademark Office granted a right of priority , conditions and content the right of priority under the Paris Convention comparable to it; Paragraph 1 shall apply.
(3) the information are made in a timely manner pursuant to paragraph 1 and the transcript is submitted in good time, so the German patent and Trademark Office has the priority in the register. Has the applicant added a priority only after the publication of the registration of a design to complete or changed data, the notice is made up in this respect. Not in time become the information referred to in paragraph 1 or the transcript is not timely filed, the Declaration concerning the claim of to priority is considered as not submitted. The German patent and trade mark Office determines this.
§ 15 exhibition priority (1) the applicant a design 1 at an official or officially recognized international exhibition within the meaning of the agreement signed on November 22, 1928 in Paris on international exhibitions or 2nd on an other domestic or foreign exhibition showcased, he may, if he files the application within a period of six months since the initial display, of this day has a priority right to take.
(2) in paragraph 1 No. 1 designated exhibitions by the Federal Department of Justice and consumer protection in the Federal Gazette known made.
(3) the exhibitions within the meaning of the paragraph be made known 1 number 2 in individual cases by the Federal Department of Justice and Consumer Affairs determined and in the Federal Gazette.
(4) a person who takes a priority pursuant to paragraph 1 claim, has to specify this day and the exhibition before the expiration of the 16th month from the date of the first display of the pattern, as well as to submit a proof for the display. § 14 paragraph 3 shall apply mutatis mutandis.
(5) the exhibition priority pursuant to paragraph 1 extended the priority deadlines according to article 14, paragraph 1.
Article 16 examination of the application (1) the German patent and Trademark Office checks whether 1 registration fees according to section 5, paragraph 1, sentence 1 of the patent costs law and 2. the conditions for according filing date after article 11, paragraph 2 and 3 the application corresponds to the other registration requirements.
(2) the registration because of non-payment of the registration fees applies according to § 6 paragraph 2 of the law of patent costs deemed withdrawn, the German patent and trade mark Office determines this.
(3) with insufficient payment of fees within one of the German patent and trade mark Office deadline registration fees for a multiple application not in sufficient quantities paid to or by the applicant does not stipulate hit, which designs are to be covered by the amount paid, so German determines patent and trade mark Office, which designs are taken into account. In addition the application is deemed withdrawn. The German patent and trade mark Office determines this.
(4) the German patent and trade mark Office invite the applicant number 2 and 3 in case of defects referred to in paragraph 1, to remedy the deficiencies noted within a specific period. To comply with the applicant of the invitation of the German of patent and Trademark Office, so German recognizes the day number 2 as the date of filing according to § 13 para 1 patent and Trademark Office in case of defects referred to in paragraph 1, where the deficiencies are eliminated. The deficiencies are not timely eliminated, so the German patent and Trademark Office rejects the application by decision.
Article 17 further processing of the application
(1) for failure to comply with a time limit specified by the German patent and Trademark Office the Designanmeldung been rejected, the decision on the rejection is ineffective without its express abolition is necessary if the applicant applied for the further processing of the application and catching the omitted Act.
(2) the request for further processing must be submitted within a period of one month from notification of the decision on the rejection of the Designanmeldung. The omitted Act is to catch up within this period.
(3) against the failure to comply with the time limit under paragraph 2 and the time limit for the payment of the fee for further processing according to § 6 paragraph 1 sentence 1 of the law of patent costs, re-establishment of rights is not given.
(4) on the application decides the authority who has to decide about the action brought to.
Article 18 grounds for refusal is the subject-matter of the application number 1 not a design within the meaning of § 1 or is a design according to § 3 paragraph 1 number 3 or number excluded 4 of the design protection, so the German patent and Trademark Office rejects the application.
§ 19 of the register and registration (1) the register of registered designs is run by the German patent and Trademark Office.
(2) the German patent and trade mark Office enters the subject to the registration information of the applicant in the register without checking its permission to the application and the accuracy of the information provided in the application and determines what classes of goods to enter are.
Section 20 notice registration in the register is a reproduction of the registered designs by the German patent and trade mark Office advertised. It is performed without guarantee for the completeness of the figure and the recognition of the characteristics of the appearance of design.
§ 21 deferment of publication (1) the application can play the deferment proposed for 30 months from the filing date. If the application is made, the notice is limited to the registration of designs to be entered in the register.
(2) the protection can be extended on the term of protection pursuant to article 27, paragraph 2, if the right holder the extension fee paid within the deferment period according to § 5 paragraph 1 sentence 1 of the patent costs law. If use is made of the possibility of the section 11 paragraph 2 sentence 2, also a reproduction of the designs to be entered must be submitted within the deferment period.
(3) the notice with the playback according to § 20 2 at the end of the deferment period or on request also at an earlier date is rescheduled set having regard to the notice referred to in paragraph 1.
(4) the term of protection ends with the expiry of the deferment period, if the protection will not apply pursuant to paragraph 2. Registered designs, which have been registered on the basis of a multiple application, the notice brought to can be limited to individual registered designs.
Section 22 consultation of the register (1) that access to the register is anyone free. The right to see the playback of a registered design and the files kept by the German patent and Trademark Office about the registered design is if 1 the playback had is made known, 2. the applicant for or right holder has given its consent or 3. a legitimate interest is made believable.
(2) the inspection of the files referred to in paragraph 1 sentence 2 can be granted with electronically run files over the Internet.
(3) the inspection pursuant to paragraphs 1 and 2 is excluded, as far as legislation precludes or obviously outweighs the protection interest of the person concerned as far as within the meaning of § 3 paragraph 1 of the Federal Data Protection Act.
Section 23 rules of procedure, complaint, and appeal (1) at the German patent and Trademark Office are made one or several design agencies and design departments to perform the procedures in Designangelegenheiten. The design places are responsible for the decisions in proceedings under this Act with the exception of the invalidity proceedings under section 34a and are available with a legally qualified member in the sense of § 26 paragraph 2 sentence 2 of the Patent Act. section 47 of the Patent Act shall apply mutatis mutandis.
(2) § 34a is one of the design departments of the German of patent and trade mark Office, which are to be filled with three legally qualified members within the meaning of § 26 paragraph 2 sentence 2 of the Patent Act to adopt in the invalidity proceedings. The matter raises specific technical issues, a technical member within the meaning of § 26 paragraph 2 sentence 2 of the Patent Act should be consulted. The Chairman of the competent Department not independently actionable decision decides on the approval of a technical member.
(3) for the exclusion and objection of members of bodies of the design and the design departments, sentence 2 and sections 47 to 49 of the code of civil procedure on the exclusion and objection the Court people, apply the sections 41 to 44, 45 (2). Another legally qualified member of the German of patent and trade mark Office, the President of the German of patent and trade mark Office has generally intended for such decisions will decide the application of rejection of, insofar as it requires a decision. § 123 paragraph 1 to 5 and 7 and the sections 124, 126-128a of the patent law shall apply accordingly.
(4) against the decisions of the German of patent and trade mark Office in proceedings under this Act, the appeal to the Federal Patent Court takes place. A complaint Senate of the German Federal Patent Court in the cast decides whether the complaint with three legally qualified members; Paragraph 2 sentences 2 and 3 shall apply mutatis mutandis. The sections 69, 73 paragraph 2 to 4, article 74 paragraph 1, section 75, subsection 1, paragraphs 76 to 80 and 86 to 99, 123 paragraph 1 to 5 and 7 and the sections 124, 126 and 128 b of the patent law can find appropriate application. In appeal proceedings against decisions taken according to § 34a in revocation proceedings, section 84, paragraph 2, sentence 2 and 3 of the patent law shall apply mutatis mutandis.
(5) against the decisions of the appeal Senate about a complaint referred to in paragraph 2, the appeal to the Federal Court of Justice takes place when the appeal Senate has approved the appeal. Article 100, paragraph 2 and 3, articles 101 to 109, 123 paragraph 1 to 5 and 7, as well as the § § 124 and 128 b of the patent law can find appropriate application.
§ 24 legal aid in proceedings under section 23 paragraph 1 receives the applicant on request under the appropriate application of sections 114 to 116 of the code of civil procedure legal aid, if sufficient prospect of registration of the design in the register. Request is to grant one of the parties in the proceedings according to § 34a under analogous application of § 132 paragraph 2 of the Patent Act for legal aid. On request of the holder of the right legal aid may be granted for the cost of the extension of protection according to article 21, paragraph 2, sentence 1, and for the maintenance fees according to article 28, paragraph 1, sentence 1. Apply accordingly § 130 paragraph 2 and 3, as well as the §§ 133-135, 136 see sentence 1, the sections 137 and 138 of the Patent Act.
§ 25 electronic proceedings, Regulation Authority (1) where in proceedings before the German patent and Trademark Office for applications, requests, or other actions, the written form is provided, apply the provisions of § 130a paragraph 1 sentence 1 and 3 as well as article 3 of the code of civil procedure in accordance with. 1 (2) the process files of the Federal Patent Court and the Federal Court can be done electronically. The rules of civil procedure, electronic documents, electronic file and the electronic process guide in addition shall apply, unless otherwise specified in this law.
(3) the Federal Minister of Justice and consumer protection determined by Decree without the consent of the Federal Council 1 the time of electronic documents in the Patent Office and the courts can be submitted, the form appropriate for the processing of documents, whether an electronic signature is to use and how this signature is created;
2. the date from which the court documents electronically can be made pursuant to paragraph 2, as well as the for this current organizational and technical framework for the education, management, and retention of electronic records of the process.
1 § 25 paragraph 1 shall apply in accordance with article 11 in conjunction with article 26 paragraph 1 of the law of October 10, 2013 (Federal Law Gazette I p. 3786) from 1 January 2018 in the following version: '(1) where in proceedings before the German patent and Trademark Office for applications, requests, or other actions, the written form is provided, the provisions of § 130a, paragraph 1 shall apply, 2 sentence 1 ", According to paragraph 5 and 6 of the code of civil procedure."
Article 26 regulation appropriations (1) the Federal Ministry of Justice and regulates consumer protection by legal Ordinance which shall not require the consent of the Federal Council, 1 the institution and the course of business of the German of patent and Trademark Office, as well as provisions also have taken the form of procedure in Designangelegenheiten, if not by law, 2 the form and other requirements of the application and the reproduction of designs, 3. the permissible dimensions one after § 11 paragraph 2 sentence 2 of the application enclosed Designabschnitts , 4. the content and extent of the application enclosed description explaining the playback, 5. the classification of the goods, 6.
the management and design of the register including the facts to be entered in the register and the details of publication, 7 the handling of an application to the reproduction of the registered designs enclosed products after cancellation of the registration in the register, and 8 the procedure at the German patent and Trademark Office for the protection of industrial designs and models under the Hague Convention.
(2) the Federal Minister of Justice and Consumer Affairs is authorized by legal Ordinance which shall not require the consent of the Federal Council, to entrust civil servants of the middle and upscale service, as well as comparable employees, offering their very nature any particular legal difficulties with the perception of shops in the proceedings relating to the register. The refoulement in accordance with section 18 and the refusal of protection of an international registration are excluded from 1st but according to § 69, 2. the decisions in the invalidity proceedings pursuant to § 34a and 3rd the remedy or template (§ 23 paragraph 4 sentence 3) complaint against a decision in the proceedings under this Act.
(3) for the exclusion and objection one in accordance with paragraph 2 sentence 1 entrusted person is section 23, paragraph 3, sentence 1 and 2 shall apply.
(4) the Federal Ministry of Justice and consumer protection the appropriations can transfer to paragraphs 1 and 2 by legal Ordinance which shall not require the consent of the Bundesrat, wholly or in part on the German patent and Trademark Office.
Section 4 formation and duration of the protection of section 27 the protection arises formation and term of protection (1) with the entry in the register.
(2) the term of protection of the registered design is 25 years, counted from the filing date.
§ 28 maintenance (1) is the maintenance of protection by paying a maintenance fee each for the 6 to 10, 11 to 15, 16 to 20 and causes for the 21 up 25 year of term of protection. It is entered in the register and published.
(2) the maintenance fee not specified for only a portion of the registered designs is paid on registered designs that have been registered on the basis of a multiple application, these will be taken into account in the order of their registration.
(3) the protection is not maintained, so the term of protection ends.
Section 5 succession (1) that do right in a registered design registered design as an object of property section 29 be transferred to others or pass.
(2) the registered design belongs to a company or a part of a company, so the registered design is captured in doubt by the transfer or the transfer of the undertaking or of part of the company to which the registered design belongs.
(3) the transfer of the right in the registered design is entered at the request of the right holder or of the successor in title to the register if he is assigned to the German patent and Trademark Office.
§ 30 rights in rem, levy of execution, insolvency proceedings (1) that do right in a registered design 1 subject to a right in rem, in particular are pledged, or 2 subject to measures of enforcement be.
(2) in paragraph 1 number 1 these rights or in paragraph 1 be number 2 measures referred to at the request of a creditor or an other person entitled in the register of registered when they are assigned to the German patent and Trademark Office.
(3) if the right in a registered design is covered by insolvency proceedings, which is entered at the request of the insolvency administrator or at the request of the insolvency court in the register. For the case of the ist a registered design set applies 1 corresponding to the share of the joint proprietor. In the case of self-administration (section 270 of the insolvency order) is the trustee in the place of the insolvency administrator.
Article 31 licenses for the whole territory or a part of the territory of the Federal Republic of Germany may grant license (1) the holder of the right. A licence may be exclusive or non-exclusive.
(2) the holder of the right may assert the rights conferred by the registered design against a licensee who contravenes any provision of the license agreement with respect to 1 the duration of the license, 2. the form of the use of the registered designs, 3. the selection of the products for which the licence has been granted, 4 of the area for which the license is granted, or 5 the quality of products manufactured by the licensee.
(3) without prejudice to the provisions of the license agreement the licensee can bring proceedings for infringement of a registered design only with the consent of the rightholder. This does not apply to the holder of an exclusive licence if the holder of the right, after he was prompted to do so, pending not itself an infringement procedure within a reasonable period of time.
(4) every licensee may join as armed comrade of an infringement suit by the right holder, to claim his own damages.
(5) the succession according to § 29 or the granting of a licence within the meaning of paragraph 1 shall affect not licenses, which previously had been issued third party.
§ 32 registered designs the provisions of this section shall apply mutatis mutandis to the rights that are established by the registration of designs.
Section 6 cancellation (1) a registered design is void, cancellation and deletion of article 33 if 1 the appearance of the product is not a design within the meaning of § 1 No. 1, 2. the design is not new, or has no character, 3. the design of the design protection under section 3 is excluded.
(2) a registered design is declared null and void if 1 it represents an unauthorised use of a work protected by copyright law, 2. falls in the scope of protection of a registered design with older time rank, even if the registered design was revealed only after the filing date of the registered designs to void, 3 in it a character is used with distinctive of older seniority and the proprietor of the mark is entitled , to prohibit the use.
The owner of the registered design can consent to deletion due to invalidity.
(3) the invalidity is established by decision of the German of patent and Trademark Office or judgment on the basis of counterclaims in infringement proceedings or explained.
(4) the protective effects of the registration of a design are valid with nonrepudiation of the decision of the German of patent and Trademark Office or the legal force of the judgment with the nullity is established or declared, as from the beginning to not occurred.
(5) the invalidity may be determined after the end of the term of protection of the registered design or a waiver of the registered design or.
§ 34 of request authority for the filing of the request for declaration of invalidity according to article 33, paragraph 1 shall be entitled to anyone. Only the owner of the affected right is entitled to the submission of the application for a declaration of invalidity pursuant to article 33, paragraph 2. The ground for invalidity in accordance with article 33 paragraph 1 number 3 in conjunction with § 3 paragraph 1 number 4 only one can claim, which is affected by the use. an assertion by virtue remains unaffected by the competent authority.
§ 34a invalidation proceedings before the German patent and trade mark Office (1) which is to be submitted in writing at the German patent and Trademark Office application. For establishing facts and evidence shall be indicated. § 81 paragraph 6 and section 125 of the patent law shall apply mutatis mutandis. The application is inadmissible, as far as same dispute between the parties by means of an unchallengeable decision or final judgment has been decided upon.
(2) the German patent and trade mark Office submits the application to the holder of the registered designs and asks him to explain within a month after the notification to the application. The holder does not object to the request within this time limit, the invalidity is established or declared.
(3) if in time objected to the request, informs the applicant the German patent and Trademark Office the opposition and meets the decrees necessary for the preparation of the decision. A hearing will take place if a party so requests or the German patent and Trademark Office considers it appropriate. The hearing of witnesses and experts can be arranged; the §§ 373-401 as well as §§ 402-414 of the code of civil procedure shall apply mutatis mutandis. Minutes to make, which reflects the essential course of negotiation and contains the legally relevant declarations of the parties is about hearings and interviews; the sections 160a, 162 and 163 of the code of civil procedure shall apply mutatis mutandis.
(4) the decision has been made in writing by decision. The tenor can be announced at the end of the hearing. The decision is to establish and to make to the parties. Section 47 subsection 2 of the Patent Act shall apply mutatis mutandis.
(5) in the decision is the costs of proceedings to decide; Article 62, paragraph 2, and article 84 paragraph 2 sentence 2 of the Patent Act shall apply mutatis mutandis. Article 23, paragraph 3, sentence 2, and article 33, paragraph 1, of the Attorney remuneration law shall apply mutatis mutandis for the fixing of the value of the item. The decision on the value of the object can be connected to the decision of sentence 1.
§ 34B suspension
Is or is pending during cancellation proceedings a dispute, whose ruling depends on the validity of the registered designs, can the court order the suspension of the proceedings. The suspension should be arranged if the Court considers that the registered design invalid. Is the application for invalidity unmistakably been rejected, the Court of this decision is only be bound if it is given between the same parties. § applies 52 b of paragraph 3 sentence 3.
§ 34c invalidity proceedings (1) a third party may join a nullity proceedings if request no undisputable decision made on finding or declaration of invalidity and he can make believable that 1 against him is a procedure for infringement of the same registered designs pending or he was prompted 2 to refrain from an alleged infringement of the same registered designs.
The candidate may within three months of the initiation of the proceeding pursuant to sentence 1 number 1 or from access of the default prompt pursuant to sentence 1, paragraph 2 are explained.
(2) membership is by application; § § 34 and 34a shall apply mutatis mutandis. Is the applicant in the appeal proceedings before the Federal Patent Court, the intervener will receive the status of an appellant.
§ 35 partial maintenance (1) a registered design can as amended remain, 1 by nullity of part or by way of Declaration of a partial waiver by the right holder, to determine if the nullity pursuant to § 33 paragraph 1 due to lack of novelty or individual character (§ 2 paragraph 2 or paragraph 3) or exclusion of the design protection (section 3), or 2. by declaration of partial invalidity as well as consent to the Declaration of a waiver of of part of or partial deletion , if the Declaration of invalidity number 1 or 3 may be required according to § 33 paragraph 2 sentence 1, then satisfies the conditions of protection and the registered design retains its identity.
(2) a reproduction of the design in amended form in the sense of § 11 paragraph 2 sentence 1 is number 3 in the German patent and Trademark Office to submit.
Section 36 deletion (1) a registered design is deleted 1 upon termination of the term of protection;
2. When dispensing at the request of the right holder, if the consent of others in the register of registered holder of rights to the registered design, as well as the plaintiff in the case of proceedings is submitted pursuant to § 9
3. at the request of a third party, if this 2 presents a public or publicly-certified certificate with statements with the application number;
4. when consent to the deletion of article 9 or article 33 paragraph 2 sentence 2;
5. due to unquestionable decision or final judgment on the determination or declaration of invalidity.
The German patent and Trademark Office decides on the rejection of the deletion decision.
(2) the rightholder referred to in paragraph 1 number 2 and 3 only partially on the registered design, he explains his consent to the deletion of part of the registered designs referred to in paragraph 1 number 4 or number 5 is determined by paragraph 1 a partial invalidity, shall be a corresponding entry in the register instead of the deletion of the registered design.
Section 7 protection effects and protection restrictions section 37 object of protection (1) which is protection for those features of the appearance of a registered design based, are visible in the application.
(2) contains for the purposes of the deferment of the publication a registration according to article 11, paragraph 2, sentence 2 a square measure-Designabschnitt, the protected subject matter is determined in proper extension at the end of the deferment pursuant to article 21, paragraph 2 submitted post-play of registered design.
Article 38 rights arising from the registered design and scope of protection (1) the registered design grants its holder the exclusive right to use it and to prevent third parties, to use it without his consent. A use includes in particular the production, offering, the placing on the market, import, export, the use of a product is in which the registered design is incorporated or to which it is applied, and ownership of such product for these purposes.
(2) the protection of a registered design extends to any design, which gives a different overall impression in the informed user. The degree of freedom of the designer in developing his design is taken into account in assessing the scope of protection.
(3) during the period of deferment of publication (§ 21 paragraph 1 sentence 1) the protection presupposes to paragraphs 1 and 2, that the design is the result of an imitation of the registered design.
§ 39 presumption of validity in favour of the rightholder is suspected are met on the validity of a registered design to be requirements.
§ 40 asserted restrictions on the rights of the registered design rights of a registered design may be; made with respect to 1 acts, the privately and for non-commercial purposes
2. acts done for experimental purposes;
3. reproductions for purposes of citation or of teaching, provided that such reproductions are compatible with the practice of honest Commerce, adversely affect the normal exploitation of the registered designs do not over charge and specify the source;
4. equipment in ships and aircraft that are registered in foreign countries and only temporarily in the country reach;
5. importation of spare parts and accessories for repair, as well as for carrying out repairs to vessels and aircraft within the meaning of point 4.
Article 41 right based on prior use (1) rights according to § 38 can against a third party who before the date of filing in the country has taken an identical design, which was developed independently by a registered design in good faith use or made effective and serious preparations to do so, not asserted. The third party is entitled to exploit the design. The granting of licenses (§ 31) is excluded.
(2) the rights of third parties are not transferable, unless the third party operates a company and is transmitted along with the Division, in which the use took place, or the institutions have been taken.
Section 8 violations section 42 removal, omission and damages (1) who opposed article 38, paragraph 1, sentence 1 a registered design uses (violator), which can be by the right holder or other authorized (injured) on Elimination of adverse effects and at risk are taken to refrain from consuming. The cease and desist claim even if an infringement is threatened for the first time.
(2) the infringer is intentionally or due to negligence, he is obliged to the damages resulting. Also, the profit achieved by the infringer through the infringement of law, can be considered for the calculation of damages. The claim for damages can be calculated on the basis of the amount which the infringer as equitable remuneration would have to pay if he had obtained the permission to use the registered designs.
The infringer to destruction in the possession or ownership of the infringer unlawfully manufactured, distributed or intended for unlawful distribution products claim take § 43 destruction, callback, and transfer (1) which can hurt. Sentence 1 is to apply accordingly to the owned of the infringer devices which have mainly served for the manufacture of these products.
(2) the injured person can take the violator to recall of illegally manufactured, distributed or intended for unlawful distribution products or on their final removal from the distribution channels throughout.
(3) instead of the measures provided for in paragraph 1, the injured person may require that the products which are the property of the infringer, be left him against reasonable compensation, which may not exceed the cost.
(4) the claims under paragraphs 1-3 are excluded, if the is disproportionate in the individual case. There are also the legitimate interests to be considered third parties when assessing the proportionality.
(5) essential parts of buildings according to article 93 of the civil code, as well as ausscheidbare parts of products and devices, whose manufacturing and dissemination is not illegal, are not the measures provided for in paragraphs 1 to 3.
§ 44 liability of the owner of a company has been infringed a registered design illegally in an enterprise by an employee or agent, so the injured person has rights under the sections 42 and 43 with the exception of the claim for damages against the owner of the company.
Article 45 compensation
The violator is neither intentional nor negligent, so he can compensate the injured in money to avert the claims after the §§ 42 and 43, if through the fulfillment of the requirements it would be a disproportionately large damage and to expect the compensation in money to the injured. As compensation, the amount is to be paid, which would have been appropriate in the case of a contractual provision of law as compensation. With the payment of compensation, the consent of the injured person for recovery to the usual extent be considered to have been granted.
Information (1) who can hurt the violator on immediate information about the origin and the distribution channel of infringing products claim take § 46.
(2) in cases of obvious violation of rights or in cases in which the injured party against the infringer has sued the claim without prejudice to paragraph 1 against a person who had the infringing products in their possession, infringing services took 2nd, shared services provided 3 for infringing activities in commercial scale 1 or 4 according to the is one in number 1 , 2 or number 3 referred person on the manufacture, production or sale of such products was involved, it was because the person would be entitled after the sections 383 to 385 of the code of civil procedure in the process against the infringer to the denial of the certificate. In the case of the judicial claim pursuant to sentence 1, the Court may suspend the proceedings against the infringer on request through completion of the dispute because of the claim of the information listed. The obligated party information may require the replacement of expenses necessary for providing information of the injured.
(3) the debtor information has information to make over 1 name and address of the manufacturers, suppliers and other previous owners of products or services as well as commercial customers and outlets, for which they were intended, and 2. the quantity of products manufactured, delivered, received or ordered, as well as the prices that have been paid for the relevant products or services.
(4) the claims under paragraphs 1 and 2 are excluded, if the is disproportionate in the individual case.
(5) the debtor information provides the information intentionally or grossly negligent wrong or incomplete, so he undertakes the injured to the compensation for the resulting loss.
(6) who gave a true information without to have been obliged to do so under paragraph 1 or paragraph 2, third parties shall only be liable, if he knew that he was not obliged to exchange the information.
(7) in cases of obvious violation of the law, the obligation to supply the information by way of injunction can be arranged according to the sections 935 and 945 of the civil procedure code.
(8) the findings may be used in criminal proceedings or in proceedings designated members only with the consent of the debtor according to the law of administrative offences for an offence committed prior to the issuance of the information against the debtor or a in article 52, paragraph 1, of the code of criminal procedure.
(9) the information only by using traffic data can (§ 3 paragraph 30 of the Telecommunications Act) be granted a prior warrant on the permissibility of the use of traffic data for their granting is necessary to apply for is the injured. The District Court, in whose district is resident, domiciled for the adoption of this arrangement the obligated party to the information or a branch has exclusive jurisdiction without regard to the value of the dispute. The decision will be the Civil Chamber. The provisions of the law on the procedure in family matters and in matters relating to the proceedings of voluntary jurisdiction according to. The costs of the court order is the injured person. The appeal is allowed against the decision of the District Court. The appeal is to insert within a period of two weeks. The rest does not affect the provisions on the protection of personal data.
(10) by paragraph 2 in conjunction with paragraph 9, the fundamental right of correspondence (article 10 of the Basic Law) is restricted.
section 46a template and sightseeing (1) with reasonable probability of infringement can be the owner or an other person the assumed infringer on presentation of a document or visit a thing claim take located in its authority, if this is necessary to justify his claims. A sufficient likelihood of an infringement committed on a commercial scale, is entitled also to the template covers banking, financial or commercial documents. As far as the alleged infringer asserts that it is sensitive information, the Court will take the necessary measures to ensure the protection offered in each case.
(2) the right referred to in paragraph 1 is excluded, if is disproportionate in the individual case.
(3) the obligation to produce of a document or to the tolerance of the inspection of a thing can be arranged through the injunction after the articles 935 and 945 of civil procedure. The Court shall take the necessary measures to ensure the protection of confidential information. This applies especially in cases in which the injunction without prior consultation of the opponent is issued.
(4) § 811 of the civil code and article 46 paragraph 8 shall apply mutatis mutandis.
(5) when no violation was or threatened, can the alleged infringer of the one has coveted the template or inspection referred to in paragraph 1, the replacement of his demand by the desire of any damage incurred.
§ 46b assurance of damage claims (1) that can hurt take the infringer when an infringement committed on a commercial scale in the cases of § 42 paragraph 2 also on submission of banking, financial or commercial documents, or appropriate access to relevant documents in claims which are in the ownership of the infringer and that are required for the enforcement of the claim for damages, if the fulfilment of the claim for damages is doubtful without the template. As far as the infringer asserts that it is sensitive information, the Court will take the necessary measures to ensure the protection offered in each case.
(2) the right referred to in paragraph 1 is excluded, if is disproportionate in the individual case.
(3) the obligation to produce of the documents referred to in paragraph 1 can be arranged through the injunction after the articles 935 and 945 of civil procedure if the claim for damages is obviously. The Court shall take the necessary measures to ensure the protection of confidential information. This applies especially in cases in which the injunction without prior consultation of the opponent is issued.
(4) § 811 of the civil code and article 46 paragraph 8 shall apply mutatis mutandis.
§ Is been known a complaint under this Act raised can the powers awarded to the prevailing party in the ruling are, the judgment at the expense of the unsuccessful party publicly 47 notice of judgment to make when setting out a legitimate interest. Nature and scope of the notice are determined in the judgment. The authority shall expire if it within a period of three months after the occurrence of the legal force of the judgment has been used. The phrase is not provisionally enforceable pursuant to sentence 1.
§ 48 exhaustion extend the rights in a registered design is not added to acts relating to a product, into the design covered by the scope of protection of a registered design right or used where, if the product has been installed by the rightholder or with his consent in a Member State of the European Union or in another Contracting State to the agreement on the European economic area on the market.
Section 49 apply limitation on the validity of claims referred to in paragraphs 42 to 47 the corresponding provisions of section 5 of book 1 of the civil code. Has the debtor through the injury at the expense of the owner learns something finds § 852 of the Civil Code shall apply.
§ 50 claims arising from other legislation, claims arising from other legislation remain unaffected.
§ 51 penal provisions (1) who contrary to article 38, paragraph 1, sentence 1 a registered design used, even though the owner did not agree to, is punishable by up to three years or punished with fines.
(2) the perpetrator is professional, so the penalty is imprisonment up to five years or a fine.
(3) the attempt is punishable.
(4) in the cases of referred to in paragraph 1, the Act only at the request is tracked, except that the public prosecutor's Office because of the special public interest considers can intervene on the prosecution officio offered.
(5) objects, to which the offence relates, can be withdrawn. section 74a of the Penal Code shall apply. As far as the claims in the proceedings referred to in section 43 is granted according to the regulations of the code of criminal procedure on the compensation of the injured (sections 403 to 406 c), the provisions on confiscation are not applicable.
(6) is detected on punishment, is so if the right holder requested it and does a legitimate interest to order that the sentencing request is made publicly known. The type of notice is to determine in the judgment.
Section 9 procedures in design litigation section 52 are design litigation (1) for all actions by which a claim from one of the legal relationships regulated in this law is asserted (design litigation), the regional courts with the exception of finding or declaration of invalidity according to § 33 without regard to exclusive jurisdiction in the dispute.
(2) the provincial governments be empowered by regulation of them assign dispute in its design for the districts of several district courts one, insofar as this serves the substantive promotion or faster completion of the procedure. The State Governments can transfer these appropriations to the land justice administrative authorities.
(3) the countries can transfer partially or tasks which the Designgerichten of a country the competent Designgericht of another country agreement.
(4) of the costs arising from the collaboration of a patent attorney in the litigation of a design, the charges are according to § 13 of the lawyer compensation law and to pay the necessary expenses of the patent attorney.
§ 52a assertion of invalidity a party may lack validity of a registered design only by an counterclaim on finding or declaration of invalidity, or by filing a request according to § 34 invoke.
§ 52B counterclaim for a determination or declaration of invalidity (1) the Designgerichte are responsible for counterclaims for determination or declaration of invalidity of a registered design, unless it be collected in connection with infringement of the same registered designs. Article 34 shall apply mutatis mutandis.
(2) the counterclaim is not permitted, as far as was decided in the invalidity proceedings (§ 34a) same dispute between the same parties by means of an unchallengeable order.
(3) at the request of the holder of the registered designs, the Court may stay the proceedings after hearing the other parties and urge the counter-claimant, within a period to be determined by the Court at the German patent and Trademark Office to apply for the determination or declaration of invalidity of the registered design. If the application is not made within the time limit, the procedure will be continued; the counterclaim is deemed to be withdrawn. The Court can issued injunction for the duration of the suspension and take security measures.
(4) the Court shall inform the German patent and Trademark Office the day of the counterclaim. The German patent and trade mark Office marked the day of the survey in the register. The Court sent a copy of the final judgment, the German patent and Trademark Office. The German patent and trade mark Office enters the outcome with the date of the force of law to the register.
Article 53 place of jurisdiction for claims under this law and the law against unfair competition claims, which relate to the legal relationships regulated in this law and be based on provisions of the Act against unfair competition, can by way of derogation from section 14 of the Act against unfair competition which for the design litigation jurisdiction claims are made.
§ 54 litigation privilege (1) makes credible that the load with the process costs considerably would jeopardize their economic situation after the full value, so the Court upon application may order that the obligation of that party to pay court costs adapted part of the dispute is based on one of their economic situation in civil litigation, in which action for a claim from one of the legal relationships regulated in this law is made, a party.
(2) the arrangement has resulted in that the beneficiary party has to pay the fees of a lawyer only after this part of the dispute referred to in paragraph 1. As far as their costs of litigation are imposed or if she takes over this, she has to pay the court fees paid by the opponent and the charges of his lawyer only after the part of the dispute. As far as the extrajudicial costs are imposed on the opponent or taken over by him, the lawyer of the beneficiary party may recover his fees from the opponents after the for this current dispute.
(3) the request referred to in paragraph 1 may be declared before the clerk of the Court to the transcript. He is to make the main issue before the trial. Then he is allowed only if the adopted or set value is subsequently raised by the Court. Before the decision on the application, the opponent is to hear.
Section 10 requirements of § 55 Customs seizure in a violation of law is obviously the import and export (1) according to article 38, paragraph 1, sentence 1, so the corresponding product at the request of and to guarantee of the right holder in its import or export of the seizure by the Customs authorities is subject to, as far as the Regulation (EC) No 1383/2003 of 22 July 2003 concerning the Customs authorities against goods , which are suspected of infringing certain intellectual property rights and the measures against goods found to have infringed such rights violate (OJ EU no. L 196 p. 7) is to apply in their respectively valid version. This applies to trade with other Member States of the European Union, as well as with the other States party to the agreement on the European economic area only insofar as controls by the Customs authorities shall take place.
(2) the customs authority arranges the seizure, it shall inform the possessor and the owner immediately. Origin, quantity and storage of products, name and address of the designated shall this be communicated; the mail and postal secrecy (article 10 of the Basic Law) is limited in this respect. Holder of the right is to give opportunity to see the products as far as this will not intervene in business or trade secrets.
Article 56 recovery, opposition (1) the seizure not later than after two weeks after service of the notice according to § 55 paragraph 2 sentence 1 contradicted, so the customs authority ordered the confiscation of the seized products.
(2) contradicts the claimant of the seizure, the customs authority immediately inform the right holder. This one has to explain whether he maintains the request pursuant to section 55 paragraph 1 in relation to the seized products to the customs authority without delay.
(3) the owner takes back the request, the Customs authorities immediately repeals the seizure. The owner keeps the request and submits an executable court decision, which arranges the storage of seized products or a restricted, the customs authority will take the necessary measures.
(4) the cases of paragraph 3 are not available, the customs authority revokes set 1 the seizure after the expiry of two weeks after service of the notice to the holders of the right referred to in paragraph 2. The rights holder can prove that the Court decision pursuant to paragraph 3 for set 2, but still has not gone to him, seizing for no more than two more weeks will be maintained.
(5) the seizure proves unjustified from the outset and has the right holder according to § 55 paragraph 1 in relation to the seized products maintain the application or declares itself not immediately (paragraph 2 sentence 2), so he is obliged to replace the designated damage inflicted by the seizure.
§ 57 responsibilities, legal remedies (1) is the application according to § 55 paragraph 1 to provide for the federal Treasury Department and has effect for one year, unless a shorter period of validity is sought; It can be repeated. For the official acts related to the request, costs are met by the right holder in accordance with section 178 of the fiscal code.
(2) the seizure and confiscation can be challenged with the remedies that are allowed in the penalty procedure under the law on offences against the seizure and forfeiture. In the appeal proceedings, the holder of the right is listen. Against the decision of the District Court, the instant appeal is admissible; the higher regional court decides about them.
§ 57a procedure under Regulation (EC) No. 1383/2003 (1) sets the competent customs authority referred to in article 9 of Regulation (EC) No. 1383/2003 release the goods from or it holds back, she teaches the right holder and the applicant or the owner, or the owner of the goods immediately.
(2) in the case of paragraph 1, the right holder may request to no. 1383/2003 destroy the goods in the simplified procedure, below, in the sense of article 11 of Regulation (EC).
(3) the request must be submitted in writing at the customs authority within 10 working days or in the case of perishable goods within three working days after receipt of the notification referred to in paragraph 1. It must contain the notification that the goods that are the subject of the proceedings, infringing a right protected under this Act. The written consent of the applicant, the owner or the owner of the goods to their destruction is to be attached. By way of derogation of sentence 3 of the applicant, the owner or the owner can carry immediately written declaration, whether he approves or not, a destruction to the customs authority. The period referred to in sentence 1 can be extended before expiry at the request of the right holder to ten working days.
(4) the consent to the destruction is considered to have been granted if the applicant, the owner or the owner of the goods object to a destruction within a period of ten working days, or in the case of perishable goods within three working days after receipt of the notification referred to in paragraph 1. This circumstance is to indicate in the notification referred to in paragraph 1.
(5) the destruction of goods takes place at the expense and responsibility of the right holder.
(6) the Customs Office can take over the organisation of the destruction. Paragraph 5 shall remain unaffected.
(7) the retention period referred to in article 11 (1) second indent of Regulation (EC) No. 1383/2003 is one year.
(8) in addition, they apply sections 55 to 57, insofar as it contains not the Regulation (EC) No. 1383/2003 provisions which conflict with the.
Section 11 specific provisions section 58 domestic representatives (1) Whoever domestically has no residence, seat or establishment, can only participate in a procedure regulated in this law before the German patent and Trademark Office or the Federal Patent Court and the rights of a registered design only assert, if he in Germany has ordered a lawyer or patent attorney representing, to the representation in the proceedings before the German patent and Trademark Office , the Federal Patent Court and in civil litigation, which relate to the registered design, as well as to the position of the lien is authorized.
(2) nationals of a Member State of the European Union or another Contracting State to the agreement on the European economic area can be ordered for the provision of a service within the meaning of the Treaty establishing the European Community as a representative within the meaning of paragraph 1, if they are entitled to their professional activity under a in the annex to section 1 of the law on the activity of European lawyers in Germany from March 9, 2000 (Federal Law Gazette I p. 182) or to article 1 of the law on the qualifying examination for the admission to the patent bar of 6 July 1990 (Federal Law Gazette I p. 1349, 1351) exercise job titles referred to in the currently valid version.
(3) the place where a representative appointed pursuant to paragraph 1 has his business premises, within the meaning of article 23 of the code of civil procedure applies as the place where the asset is located; missing such a business room, so the place is determining his residence, on the representative domestic and failing this the place where the German patent and Trademark Office has its seat.
(4) the contractual termination of the appointment of a representative referred to in paragraph 1 is only activated if this termination as well as the appointment of an another representative to the German patent and Trademark Office or the Federal Patent Court.
Section 59 who uses a designation be improper of a registered design is such as to give the impression, that a product by a registered design is protected, to each of you who has a legitimate interest in the knowledge of the legal situation, to give on which registered design is the use of the term based on request information about.
Section 60 registered designs under the extension Act (1) for all the extension law of April 23, 1992 (Federal Law Gazette I p. 938), last amended by article 2 section 10 of the Act of 12 March 2004 (BGBl. I p. 390), CTMs registered designs apply the provisions of this Act, unless determined otherwise in paragraphs 2 to 7.
(2) the term of protection for registered designs that are not expired on 28 October 2001, ends 25 years after the end of the month in which the filing date falls. The maintenance of protection causes through payment of a maintenance fee for the 16 to 20 year and 21 up 25 year, calculated from the date of filing.
(3) the entitlement to compensation because of the use of a registered design already occurred according to the legal provisions applicable up to the entry into force of the extension Act, the remuneration is still under these regulations to pay.
(4) a person who lawfully has taken a registered design, which was protected by a according to § 4 of the extension Act amended by the 31 May 2004 extended copyright licence or that was applied to the granting of copyright licences in use according to the legal provisions applicable up to the entry into force of the extension Act, may continue to use this in the entire Federal territory. The holder of the right may demand a reasonable compensation for the continued use by the party entitled to use.
(5) one is according to § 4 of the extension Act amended on May 31, 2004 application for a patent for an industrial pattern extended according to article 10, paragraph 1, of the regulation over industrial pattern by January 17, 1974 (Coll. I no. 15 S. 140), by regulation of 9 December 1988 (Coll. I no. 28 p. 333) has been amended is made known was , so this the publication of the registration of the registration in the register of the pattern is same number 2 of the industrial design Act in force until the expiration of May 31, 2004 amended pursuant to § 8.
(6) as far as registered designs, which are been stretches according to the extension law on the area referred to in article 3 of the Unification Treaty or to the remaining Federal territory, agree in their scope of protection and meet as a result of the extension, the holder of these rights or applications regardless of their seniority rights from the property rights or applications either against each other or against the persons to whom the owner of the other right or the other copyright registration has permitted the use may that claim. The subject-matter of the intellectual property right or copyright registration may, however not in the area, that the rights or copyright registration is been covered, or used only subject to restrictions, as far as the unrestricted use to a substantial impairment of the owner of the other right or the other copyright registration or the persons to whom he has allowed the use of the object of his intellectual property right or copyright registration that would lead, taking into account all the circumstances of the case and would be unreasonable in consideration of the legitimate interests of the parties involved.
(7) the effect of a design registered under section 1 or section 4 of the extension Act amended by the 31 May 2004 extended will not occur against those who took the registered design in the area in which it was not up to the entry into force of the extension Act, after the date relevant for the seniority of the registration and before July 1, 1990, lawfully in use. This has the power to take advantage of the registered design in the entire Federal territory for the needs of his own business in own or foreign workshops with the barriers resulting in corresponding application of § 12 of the Patent Act if the use does not lead to a substantial impairment of the holder of the right or of the persons to whom he has allowed the use of the object of his protection of the right that would be unreasonable, taking into account all the circumstances of the case and when weighing up the justified interests of the parties. A product manufactured abroad a right of further use to only the user is pursuant to sentence 1, if using domestically a worthy protection acquis was founded, its Nichtanerkennung would constitute undue hardship, taking into account all the circumstances of the case for the user.
§ 61 typographic characters (1) for the typographic characters notified pursuant to article 2 of the characters act in force until the expiration of the June 1, 2004 amended legal protection is granted under this Act, unless determined otherwise in paragraphs 2 to 5.
(2) for the to applications filed to the expiry of the 31 May 2004 pursuant to article 2 of the characters Act the provisions applicable to it at this time about the conditions of patentability apply still.
(3) the rights conferred by a registered design can be asserted against acts, that were started before 1 June 2004, and that the holder of the typographic character do not can make according to the regulations at this time.
(4) until the entry of the characters referred to in paragraph 1, their protection effects depend on the characters act in force until the expiration of May 31, 2004 amended.
(5) for the maintenance of the term of protection for the characters referred to in paragraph 1 are by way of derogation from article 28, paragraph 1, sentence 1 only from the eleventh year of the term of protection of maintenance fees to pay.
Section 12 community design § 62 forwarding the application will be at the German patent and Trademark Office registrations of Community designs, referred to in article 35 (2) of Regulation (EC) No 6 / 2002 of 12 December 2001 on Community designs (OJ EC 2002 L No. 3 p. 1) submitted, noted the German patent and trade mark Office on the application the date of receipt and promptly forwards the registration without examination to the Office of harmonization for the internal market (trade marks and models).
section 62a following provisions of this Act on claims by the holder of a community design which enjoys under Regulation (EC) No. 6/2002 protection apply mutatis mutandis application of the provisions of this Act on Community designs as far as German law is applicable, are: 1. the rules on claims for elimination of adverse effects (§ 42 paragraph 1 sentence 1), damages (§ 42 paragraph 2), destruction, recall and assignment (section 43) , to information (article 46), template and sightseeing (§ 46 a), assurance of compensation claims (§ 46 b) and decision notice (section 47) in addition to the requirements referred to in article 89 paragraph 1 letter a to c of Regulation (EC) No 6 / 2002;
2. the rules on the liability of the owner of a company (section 44), compensation (article 45), statute of limitations (§ 49) and claims from other statutory provisions (§ 50);
3. the rules on applications for seizure in the importation and exportation (§§ 55 and 57).
§ 63 community litigation designs (1) for all actions for which the community design courts within the meaning of article 80 (1) of Regulation (EC) No. 6/2002 are responsible (community litigation designs), the regional courts without regard to the value of the dispute shall have exclusive jurisdiction as community design courts of first instance.
(2) the provincial governments be empowered to assign the Community industrial designs litigation for the districts of several community design courts one of such courts by means of an Ordinance. The State Governments can confer Ordinance on the land justice administrative authorities this empowerment.
(3) the countries can transfer partially or tasks which the community design courts of a country the relevant Community design Court of another country by agreement.
(4) in proceedings before the community design courts, section 52, paragraph 4, as well as the §§ 53 and 54 are apply mutatis mutandis.
section 63a informing the Commission the Federal Ministry of Justice and for consumer protection that tells the Commission of the European Communities (1) of Regulation (EC) No. 6 / 2002 designated community design courts of first and second instance and any changes in the number, the name or local jurisdiction in those courts referred to in article 80.
§ 63 b territorial jurisdiction of the community design courts no. 6 / 2002 German international community design courts are responsible under article 82 of Regulation (EC), so the rules shall apply for the local jurisdiction of these courts that to apply would be if it was a registration of a design filed with the German patent and Trademark Office or a design registered in the register of the German of patent and trade mark Office. A jurisdiction is unfounded, then as the Court is jurisdiction, in which the applicant has his general jurisdiction.
§ 63c insolvency proceedings (1) is the Court of insolvency known that a pending or submitted community design belongs to the estate, so it asked the Office of harmonization for the internal market (trade marks and models) in the immediate traffic, the following information in the register of Community designs or, if it is a login to enter in the files of the application: 1 to open proceedings and, if not already in the register include , the arrangement of a restricted, 2 to the release or disposal of community design or the registration of Community designs, 3. final adjustment of the procedure, 4 to the final abolition of the procedure in the case of a monitoring of the debtor but only after completion of this audit, and a restricted.
(2) the entry in the register of Community designs bulletin or in the files of the application may be requested also by the insolvency administrator. In the case of equity management joins the custodians in the place of the insolvency administrator.
Section 64 grant of enforcement for the granting of enforcement under article 71 paragraph 2 sentence 2 of the Regulation (EC) No. 6/2002 responsible the Federal Patent Court. The engrossment is issued by the Registrar of the Office of the Federal Patent Court.
Section 65 criminal infringement of a community design (1) who contrary to article 19 (1) of Regulation (EC) No. 6/2002 a community design used, even though the owner did not agree to, is punishable by up to three years or punished with fines.
(2) § 51 paragraph 2 to 6 shall apply accordingly.
Section 13 protection of industrial designs and under the Hague Agreement section 66 application of this law this law is models on entries or registrations of industrial designs and models after the Hague Agreement of November 6, 1925, concerning the international registration of industrial designs and models (Hague Agreement) (RGBl. 1928 II p. 175, 203) and on June 2, 1934, in London (RGBl. 1937 II p. 583) , 617), on November 28, 1960 in Den Haag (BGBl. 1962 II p. 774) and on 2 July 1999 in Geneva (BGBl. 2009 II p. 837) signed versions (international registrations), protecting the Federal Republic of Germany relating to the area, apply mutatis mutandis, unless otherwise provided in this section, the Hague Agreement and its versions.
Section 67 filing of the international application the international registration of industrial designs or models can be either after the applicant's choice be filed directly at the International Bureau of the world Organization for intellectual property (International Office) or of the German patent and Trademark Office.
§ 68 forwarding the international application be filed with the German patent and Trademark Office international applications of industrial designs or models, noted the German patent and trade mark Office on the application the date of receipt and forwards the registration without examination without delay to the International Bureau.
69 international entries of examination on grounds for refusal (1) shall be made in the same way as registered designs that are logged in to the registration in the register of the German patent and Trademark Office, tested according to § 18 on grounds for refusal. The refusal takes the place of the refusal of the application.
(2) German notes patent and Trademark Office when considering that grounds for refusal exist according to § 18, so it will issue a statement of refusal the International Bureau within a period of six months from the publication of the international registration. All the reasons for the refusal are stated in the communication.
(3) after the International Bureau to the holder of the international registration has sent a copy of the notice of the refusal, the German patent and Trademark Office to give the holder the refusal to comment within a period of four months and to waive the protection opportunity has. After this period the German patent and Trademark Office decides on maintaining the refusal decision. As far as German maintains the refusal of patent and trade mark Office, the same remedies available to the holder against the decision as for the refusal of an application for the registration of a design registered in the register of the German patent and Trademark Office. If the German patent and Trademark Office not maintains the refusal of protection or if the counterclaims is that the protection was wrongly denied the German patent and trademark office immediately withdrawing the refusal.
§ 70 subsequent protection removal (1) in place of the application or the counterclaim for a determination or declaration of invalidity pursuant to article 33, paragraph 1 or 2 is the application or counterclaim for declaration of invalidity for the territory of the Federal Republic of Germany. The action of removal of protective takes the place of the action on consent to deletion pursuant to section 9, paragraph 1. The Court sent a copy of the final judgment, the German patent and Trademark Office. section 35 shall apply mutatis mutandis.
(2) been communicated to the German patent and Trademark Office, that is the invalidity of an international registration to the territory of the Federal Republic of Germany established or deprived her of the protection, it puts the International Bureau immediately informed.
§ 71 effect of the international registration (1) an international registration protecting refers to the territory of the Federal Republic of Germany, have as of the date of its registration same effect, as if she would be been registered and entered in the register on that day at the German patent and Trademark Office as a registered design.
(2) the effect referred to in paragraph 1 is considered not occurred, if the protection of the international registration refused (§ 69 paragraph 2), noted their ineffectiveness for the territory of the Federal Republic of Germany (article 70 paragraph 1 sentence 1) or her protection has been withdrawn after article 9, paragraph 1 or article 34 set 1 (section 70 paragraph 1 sentence 2).
(3) the German patent and trade mark Office takes back the notification of refusal of protection, the international registration for the Federal Republic of Germany shall take effect retroactively as of the date of its registration.
Section 14 transitional provisions article 72 applicable law (1) on registered designs, before July 1, 1988, after the design law in the in the Federal Law Gazette Part III, outline number 442--adjusted version published 1, last amended by article 8 of the Act of 23 July 2002 (BGBl. I S. 2850), have been logged in, find the provisions applicable up to that time continue to apply.
(2) registered designs, which have been applied for or registered prior to October 28, 2001, the provisions applicable to it at this time about the conditions of patentability apply to continue. Right can be asserted these registered designs, insofar as they relate to acts within the meaning of article 38, paragraph 1, which commenced prior to October 28, 2001 and that the injured party before that date according to the regulations of the register designs Act in the Federal Law Gazette Part III, outline number 442-1, adjusted version as amended at this time would have can not ban.
(3) registered designs that are been registered before 1 June 2004 but still not registered, the protective effects refer to the registration according to the provisions of the register designs Act in the adjusted version published in the Federal Law Gazette Part III, outline number 442-1, as amended by force until the expiration of May 31, 2004.
(4) article 229 § 6 of the introductory act to the civil law beech finds application corresponding to the proviso that section 14a, paragraph 3 of the register designs Act in the Federal Law Gazette Part III, outline number 442-1, adjusted version in force until 1 January 2002 amended the provisions of the civil code over the Statute of limitations in force until 1 January 2002 amended is equal.
Article 73 legal restrictions (1) rights of a registered design can be asserted against acts, affecting the use of a component to the repair of a complex product with regard to the recovery of its original appearance, if these acts under the design law in the Federal Law Gazette Part III, outline number 442-1, adjusted version in force until the expiration of May 31, 2004 amended could not be prevented.
(2) article 31 paragraph 5 for existing licenses at the right established by the application or registration of a registered design, issued before June 1, 2004, applies only if has been passed the law June 1, 2004 or the licence at that time.
(3) claims on designer designation according to § 10 can be made only for registered designs, that are reported as of June 1, 2004.
(4) the protective effect of variations of basic patterns according to paragraph 8a of the register designs Act in force until the expiration of May 31, 2004 amended depends on the provisions of design law in the adjusted version published in the Federal Law Gazette Part III, outline number 442-1, as amended by force until the expiration of May 31, 2004. Article 28 paragraph 2 is to apply for maintaining variations of a basic pattern with the proviso that the patterns are considered first.
§ 74 transitional provision of the law on the modernisation of the register designs Act and to amend the laws relating to the notices to the exhibition protection (1) design, until the entry into force of the Act of October 10, 2013 (Gazette I p. 3799) reported on 1 January 2014 or registered, are from this point registered designs known as.
(2) § 52a applies only to design disputes, which have become pending after 31 December 2013.
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