Regulation For The Execution Of The Designgesetzes

Original Language Title: Verordnung zur Ausführung des Designgesetzes

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Read the untranslated law here: http://www.gesetze-im-internet.de/designv/BJNR001810014.html

Regulation for the execution of the Designgesetzes (Designverordnung - DesignV) DesignV Ausfertigung date: 02.01.2014 full quotation: "Designverordnung from 2nd January 2014 (BGBl. I p. 18)" footnote (+++ text detection from: 10.1.2014 +++) (+++ to the application see section 27 +++) the V 1 V v. 2.1.2014 was adopted as article I 18 by the Federal Department of Justice and Consumer Affairs. It is accordance with article 6 para 1 sentence 1 of this V on the 10.1.2014 entered into force.

Table of contents section 1 General information section 1 scope article 2 forms section 2 registration procedure article 3 section 4 of the application filing of the application of article 5 application for registration article 6 information to the applicant, the representative and the Designer section 7 reproduction of the designs of § 8 Flächenmäßige structuring section 9 product specification and classification section 10 description explaining the playback section 11 information when claiming priority article 12 Division of a multiple application article 13 further processing of the application of section 14 German translations section 3 Designregister , Process according to registration article 15 content of the Designregisters section 16 further entries into the Designregister article 17 certificate of registration article 18 Division of a multiple registration § 19 information in extension and maintaining article 20 waiver of the registered design section 4 procedure for the determination or declaration of invalidity of section 21 submission section 22 procedural principles section 5 international registrations section 23 opinion on the refusal of protection in international registrations section 24 rewriting international registrations sec. 25 subsequent withdrawal of protection section 6 final provisions article 26 storage reproduction of the registered design § 27 transitional provisions section 1 General section 1 Anwendungsber Eich the provisions of this Regulation shall apply to the regulated in the ratified proceedings before the German patent and Trademark Office in addition to the provisions of the Designgesetzes and the patent regulation.

Article 2 forms forms referred to in this regulation, may at the German patent and Trademark Office requested or downloaded from the website of the German of patent and trade mark Office (for www.dpma.de).
Section 2 content of the application (1) the application for registration of a design in the Designregister must be registration procedure article 3 pursuant to article 11, paragraph 2, and of Designgesetzes 3: 1 the application for registration (§ 5), 2 details, which make it possible to determine the identity of the applicant (§ 6 paragraph 1 to 3), 3. the reproduction of the designs (section 7) or in the case of § 11 paragraph 2 sentence 2 of the Designgesetzes the area-Designabschnitt (§ 8), and 4. the indication of products , the design included in the it uses that should be or (section 9).
(2) the registration may also contain: 1 a description explaining the reproduction (§ 10), 2. a request for deferment of publication of the play according to section 21 paragraph 1 sentence 1 of the Designgesetzes, 3rd order specifying the class of the goods, in which the design is (§ 9), 4. providing a representative (section 6, paragraph 4), 5. providing Designer (§ 6 paragraph 5), a declaration of 6 , that the priority of an earlier foreign application of the same design or exhibition priority is taken (article 11), and 7 the non-binding declaration of the applicant, if there is an interest in the granting of licences.

§ 4 registration can filing (1) in writing or electronically filed. For the electronic submission, the access and transfer software or the online form is to use each provided via the website of the German of patent and trade mark Office (for www.dpma.de) (article 3 of the regulation on the electronic legal relations with the German patent and Trademark Office).
(2) by way of derogation from article 11, paragraph 1 of the patent regulation, the submission of reproductions of designs for the purposes of the application or the subsequent filing (section 16 paragraph 4 sentence 1 of the Designgesetzes) by fax is not allowed.
Footnote (+++ § 4 par. 2: the application see section 27 para 1 +++) § 5 application for registration (1) for the written application for registration of a design in accordance with article 11, paragraph 2, sentence 1 No. 1 of the Designgesetzes must be issued form used by the German patent and Trademark Office.
(2) the application for registration of designs in a multiple application (article 12 of the Designgesetzes) must also include prescribed content to article 11 paragraph 2 and 3 of the Designgesetzes: 1 an explanation for how many designs, the entry in the Designregister is requested, and 2. an attachment sheet with the following information: a) a list of designs that are summarized in the application, sequentially numbered in Arabic numerals , b) the number of representations submitted to the individual designs and c) the statement that the indication of product applies to all designs, or to be in any design the indication of products, it included in the or it used where.
The form issued by the German patent and Trademark Office must be used as attachment sheet.
(3) is requested with the application to postpone the announcement of playback (§ 21 paragraph 1 sentence 1 of the Designgesetzes), so this proposal refers to all designs in the multiple application.

§ 6 information to the applicant, representatives and designers (1) that registration must contain the following information on the applicant: 1. If the applicant is a natural person: first name and name or, if the registration under the name of the applicant to the company, as well as the address of residence or registered office (Street, house number, postal code, City), 2. as it is registered in the commercial register, if the applicant is a legal entity or a partnership : a) name or company of the person or company and their legal form and the address of the registered office of the applicant (Street, house number, postal code, City); the name of the form can be abbreviated as in usual manner;
b) where appropriate, name or company and their legal form according to the register entry if the person or partnership is registered in a register, and the address of the registered office (Street, house number, postal code, City), c) where appropriate, the name and address of at least an authorized partner in a civil-law partnership.
If the applicant has his domicile or seat abroad, sentence 1 are so when specifying the address after to specify additional State and city name; the placename is to underline. More information to the district, the province or the State in which the applicant has his domicile or seat or he is subject to its jurisdiction, is voluntary.
(2) in addition a postal address different from the address of the applicant, a PO box address and phone numbers, fax numbers, E-Mail addresses and other contact information can be specified in the application.
(3) if the application is filed by several persons or partnerships, paragraphs 1 and 2 for all notifying persons or partnerships shall apply.
(4) is a representative appointed, shall apply paragraph 1 sentence 1 and paragraph 2 accordingly. The German patent and trade mark Office representative has allocated an ID number or a general authorisation number the, so these to specify in addition. A representative has been appointed, according to § 58 paragraph 2 of the Designgesetzes so paragraph 1 2 shall apply set according to.
(5) 1, paragraph 1, sentence 2 and 3, as well as apply for the naming of the designer paragraph 1 set according to paragraphs 2 and 3.

Article 7 reproduction of the designs (1) the reproduction of the design is made by photographic or other graphic representation. Up to ten representations are allowed per design, any further representation is ignored.
(2) multiple representations are to integrate the decimal classification and be numbered consecutively with Arabic numerals. The digit to the left of the point represents the number of representing the number of the design and the digit to the right of the point. The numbering shall be affixed next to the representations on the forms. For the order of representations, the numbering by the applicant is crucial.
(3) the design is to represent on a neutral background in an image size of at least 3 × 3 cm. The representations should show the protection pending design without an accessory and may contain no explanation, numbering, or measurements. A representation must show only one view of the design. The representations must be permanent and indelible.
(4) the illustrations are printed on the forms issued by the German patent and Trademark Office or to paste. When multiple applications (article 12 of the Designgesetzes), a separate form can be used for each theme. On the forms, no texts, names, symbols or dimensions in addition to the displays may be attached to the note.
(5) the representations can instead filed on a form on a digital data carrier be. The disk must be read out by the German patent and Trademark Office. They will be announced at the German patent and Trademark Office of readable disk types and formatting www.dpma.de website. The disk is not readable, the playback is considered not filed. Each presentation is in a JPEG graphic format (* .jpg) as separate file in the root directory of an empty disk. The display resolution should be at least 300 dpi. A file must be no larger than 2 megabytes. The file names are to choose sentences 1 and 2 in accordance with paragraph 2. Paragraph 2 sentence 4 shall apply mutatis mutandis.
(6) concerns a design that consists of a repeating surface design, so the playback must show the full design and a sufficiently large part of the surface with the repetitive design registration.
(7) the application relates to a design which consists of typographic characters, the reproduction of the designs must be a full character set, as well as five lines of text, each font size 16 point, include.

§ 8 Flächenmäßige structuring (1) Flächenmäßige structuring (§ 11 paragraph 2 sentence 2 of the Designgesetzes) must be submitted in duplicate matching.
(2) multiple structuring are submitted, these are to be numbered consecutively on the back. A Designabschnitt to the format 21 x 29,7 cm (DIN A4) not exceed. A larger Designabschnitt must not exceed a 50 × 100 × 2.5 cm or 75 × 100 × 1.5 cm format and must be so designed, that he on the format 21 x 29,7 cm (DIN A4) is collapsible. The area of structuring submitted with a registration may be total not heavier than 15 kg including packaging. No structuring may be submitted which are perishable or putting them is dangerous, especially because they are highly flammable, explosive, toxic, or afflicted with pests.
(3) is applied for the registration of a design that consists of a repeating surface design, the Designabschnitt must show in addition the full design and a sufficient length and width according to part of the area with the repetitive design requirements under paragraphs 1 and 2.

§ 9 product specification and classification (1) the indication of the products be included in the design or to which it is applied is designed to (section 11, paragraph 3 of the Designgesetzes), depends on the official list of goods for registered designs on the basis of the Locarno Agreement establishing an international classification of industrial designs (BGBl. 1990 II p. 1677, 1679). The classification of the designs to be entered depends on the classification of the classes and subclasses for registered designs. The current versions of the list of goods and the classification of classes and subclasses are disclosed by the German patent and Trademark Office in the Federal Gazette.
(2) the product specification must enable a proper search of the designs shown with the playback. She should include no more than five product terms. German finds patent and Trademark Office within the framework of the audit according to § 16 of the Designgesetzes that the product information contained in the application does not allow a proper research, so German can add an additional term for merchandise patent and trade mark Office of indicating product.
(3) the classification changes after the registration of the design, the classification of products at the request of the right holder or with the registration of the maintenance of protection is officio adapted and communicated to the right holder.

§ 10 description explaining the playback (1) is submitted to the explanation of the playback a description (§ 11 paragraph 5 number 1 of the Designgesetzes), how can she relate only to those features, which are apparent from the reproduction of the design or the area-Designabschnitt. In particular, it cannot contain any indication as to the novelty or individual character of the design or its technical function.
(2) the description of the explanation of the reproduction of a design may contain up to 100 words and must be submitted on a separate sheet. The description must consist of continuous and no graphical or other design elements. When multiple applications (article 12 of the Designgesetzes) the descriptions can be summarized assigned design numbers in a document.
(3) when using a digital medium for submission of reproduction (article 7 paragraph 5) can the description in the format "* .txt" will be saved to the disk. When multiple applications, the descriptions are assigned to summarize in an electronic document design numbers.

§ Explains 11 information for claiming priority (1) claiming the priority of an earlier foreign application in the application, time, specify country and file number of this application and submit a copy of this application (§ 14 paragraph 1, sentence 1 of the Designgesetzes).
(2) the exhibition priority claim explains the tag of the first time display, as well as the title of the exhibition shall so indicate. To submit a certificate that is issued during the exhibition by the authority responsible for the protection of intellectual property rights on this exhibition is to demonstrate of the display (§ 15 paragraph 4 sentence 1 of the Designgesetzes). The certificate needs to be confirmed, 1 that the design on the exhibition was revealed, 2. the day of the opening exhibition and 3rd the date on which the design for the first time was revealed, if the initial revelation does not coincide with the opening day of the exhibition.
The form issued by the German patent and Trademark Office should be used for the certificate. The certificate must contain a representation of the actual disclosure of the design certified by the said authority.
(3) the possibility to change the information according to § 14 paragraph 1 sentence 2 of the Designgesetzes or to make the priority Declaration 16 months after the priority date or the date of the first display (article 14, paragraph 1, sentence 1 and § 15 paragraph 4 sentence 1 of the Designgesetzes), remains unaffected.

§ 12 can pitch a multiple application (1) a multiple application pursuant to article 12 paragraph 2 of Designgesetzes in two or several registrations be shared.
(2) the Declaration of Division are to specify: 1. the filing of multiple application and 2. the numbers of the designs which are to be divided.
(3) the Division is made once the amount of difference payable according to section 12 paragraph 2 sentence 3 of the Designgesetzes has been paid.
(4) if the details vary according to article 6 paragraph 1 and 4 as a result of a change of data to the applicant or representative with regard to individual designs, multiple application is divided by virtue.

Article 13 further processing of the application included a request for further processing as a result deadline failing rejected registration (§ 17 paragraph 1 of the Designgesetzes) must be the following information: 1. the file number of the application, 2. the name of the applicant and 3 the date of the decision to which the application relates.

§ 14 German translations (1) If a foreign document filed, the German patent and Trademark Office, can ask the applicant to file a German translation within a reasonable period of time. The translation must be certified by a legal practitioner or patent attorney or made by a publicly appointed translators.
(2) is filed the translation after the deadline, the foreign language document is deemed to have been received at the time of receipt of the translation. If no translation is filed, the foreign language document is considered not to have been received.
Section 3 Designregister, proceeding under § 15 registration content of Designregisters (1) registration of the application is recorded the following in the Designregister: 1 the file number of the application, 2. the reproduction of the registered designs, 3. the respective design number for multiple applications continuously according to the numbered list according to § 5 paragraph 2 sentence 1 number 2 letter a, 4. the name, if necessary the company including the legal form , and the residence or seat of the applicant, in foreign places the State (article 6, paragraph 1 and 3), 5. the address of the applicant, stating the person, 6 the filing date (article 13, paragraph 1 and article 16 paragraph 4 sentence 2 of the Designgesetzes), 7 the day of registration, 8 product specification (section 9) and 9 the classes of goods (§ 19 paragraph 2 of the Designgesetzes), consisting of the indication of the classes and subclasses.
(2) where appropriate, the following information recorded in addition to register in the Designregister: 1 that a non-binding declaration of the applicant's interest was traded to the awarding of licenses (section 3 paragraph 2 number 7), 2. the name and residence of all named authorized partner of a civil-law partnership (article 6, paragraph 1, sentence 1 number 2 letter c), 3. the name and address of the representative (section 6, paragraph 4) , 4. the name and address of the designer (§ 6 paragraph 5), 5 the description to the explanation of the reproduction of the designs (§ 10), 6.
a note on the replacement of through a square measure-Designabschnitt (§ 11 paragraph 2 sentence 2 of the Designgesetzes), 7 indicating whether registration concerns the application of a single design or a multiple application (article 12 of the Designgesetzes), and a multiple application the number of designs that are summarized in the application (article 5, paragraph 2, sentence 1 number 1), 8 time, country and file number of the earlier application of the same designs on claiming foreign priority according to § 14 of the Designgesetzes , 9 the day of first display and the title of the exhibition at priority of of exhibition claim according to § 15 of the Designgesetzes, 10 that a request for deferment of publication of the play has been made (section 21 paragraph 1 sentence 1 of the Designgesetzes), 11 that are pending or registered design rights in rem (§ 30 paragraph 1 number 1 and § 32 of the Designgesetzes), 12 that the pending or registered design has become the subject of a measure of enforcement (article 30, paragraph 1 number 2 and § 32 of the) Designgesetzes) and 13 of the law on insolvency proceedings pending or registered design has been entered (article 30, paragraph 3, and § 32 of the Designgesetzes).
(3) in the case of transfers before the registration of the already registered designs, only the one in the Designregister is entered which is at the time of the registration of the holder of the right established by registration.
(4) has requested the deferment of the playback according to § 21 paragraph 1 sentence 1 of the Designgesetzes been, so the registration of the registration is limited number on the information referred to in paragraph 1 1, 4 to 7, referred to in paragraph 2 point 1 to 3, 10 to 13, as well as on the date of priority referred to in paragraph 2 number 8 and 9. Shall be extended protection on the duration of protection after § 27, paragraph 2, of the Designgesetzes (§ 21 paragraph 2 sentence 1 of the Designgesetzes), the other information are recorded in accordance with paragraphs 1 and 2 in the Designregister.

§ Are 16 further entries in the Designregister in addition to the entries according to § 15 in the Designregister to take, where appropriate, the following information: 1. that the protection on the term of protection was extends according to sec. 27 paragraph 2 of the Designgesetzes (§ 21 paragraph 2 sentence 1 of the Designgesetzes), 2nd in unclaimed after notice of reproduction (§ 21 paragraph 3 of Designgesetzes) the date of publication, as well as the reference to the notice according to § 21 paragraph 1 sentence 2 of the Designgesetzes , 3. changes in article 15 paragraph 1 number 4 and 5 and paragraph 2 number 3 and 4 listed information, 4 that an application for restitutio in integrum was made (§ 23 paragraph 3 sentence 3 of the Designgesetzes), as well as the result of this procedure, 5 that a multiple registration was divided (18), 6 that it initiated legal proceedings in accordance with article 9, paragraph 1, of the Designgesetzes and other figures to section 9, paragraph 4, of Designgesetzes , 7 that an application for determination or declaration of invalidity was provided (§ 34a paragraph 1 of the Designgesetzes), as well as the result of the invalidity proceedings, 8 the day of the counterclaim on finding or declaration of invalidity, as well as the outcome of the procedure (article 52 b paragraph 4 of the Designgesetzes) and 9 of the day and the reason for the deletion of the registered designs (§ 36 para 1 of the Designgesetzes).

§ 17 certificate of registration of the holder of the registered design receives a certificate of registration of the design by the German patent and Trademark Office, unless he has expressly waived this.

Division of a multiple registration (1) for the Division of a multiple registration applies Article 18 article 12, paragraph 1, 2 and 4.
(2) an application for registration of a transfer relates only a part of the designs registered as a result of a multiple application, under section 28 of the patent regulation are the respective numbers of design in the application to specify. The registered designs, which are covered by the transfer, are separated and continued in a partition file.

Article 19 to specify information for extension and maintenance (1) for the payment of the fee for the extension of protection to the duration of protection after § 27 paragraph 2 of the Designgesetzes (§ 21 paragraph 2 sentence 1 of the Designgesetzes) are: 1. the filing of the registration, 2. the purpose of payment and 3 the name of the right holder to the according to § 6 paragraph 1 (2) the extension of protection only for individual registered designs within a multiple registration be effected , is to submit an application containing the following information: 1 the filing of registration, 2. the name of the legal owner after § 6 para 1 and 3. the numbers of registered designs, protecting should be extended.
(3) applied for the right holder the catch-up of the notice of the reproduction (§ 21 paragraph 3 of the Designgesetzes) before the deadline according to § 21 paragraph 1 sentence 1 of the Designgesetzes, are to indicate in the application: 1. the filing of registration, 2. the name of the owner pursuant to § 6 paragraph 1 and 3 the time to which the notice should be.
(4) upon the payment of the maintenance fee, it shall apply according to paragraphs 1 and 2.

Article 20 waiver of the registered design (1) the Declaration on the renunciation of the registered design number 2 and paragraph 2 of the Designgesetzes according to article 36, paragraph 1, sentence 1 shall specify: 1. the number of registered design that is waived, and 2 is the name and the address of the right holder according to § 6 paragraph 1 (2) a registered design partially waived , a reproduction of the revised design is with the declaration according to § 7, in the case of § 11 paragraph 2 sentence 2 of the Designgesetzes of the modified area and Designabschnitts according to § 8, to submit. The partial waiver shall include not more than 100 words. She is entered in the Designregister and made known with the playback of the modified design. Is in collecting registrations for each registered design, that part is waived, to submit a separate part waiver.
(3) for the after section 36, paragraph 1, sentence 1, number 2 of the Designgesetzes ranges required consent of an owner of a registered design right registered in the Designregister from the Declaration of consent signed by that person or their representative. A certification of the Declaration or of the signature is not required.
Section 4 procedure for the determination or declaration of invalidity of section 21 application (1) for the application for determination or declaration of invalidity of a registered design (§ 34a paragraph 1 of the Designgesetzes) to published form used by the German patent and Trademark Office.
(2) in the application, shall be indicated: 1. the number of registered design, 2. the name and address of the applicant, 3. the ground for invalidity pursuant to article 33, paragraph 1 or paragraph 2 sentence 1 of the Designgesetzes, 4. the facts serving to establish and evidence, 5. upon a request on partial invalidity (article 35 paragraph 1 of Designgesetzes) the extent of invalidity is sought.
(3) a request may be based on several in article 33, paragraph 1 or paragraph 2 sentence 1 of the Designgesetzes called grounds for invalidity. In the request, information can be made to the value if this should be set according to section 34a paragraph 5 sentence 2 of the Designgesetzes.

Procedural principles (1) that can be German patent and Trademark Office with him, pending nullity proceedings for the common treatment and decision connect section 22. It can expose a nullity proceedings if this is relevant. A suspension be considered especially if it keeps the same registered design in other proceedings null and void. The German patent and Trademark Office can lift an executive order from him, affecting the connection of multiple procedures or the suspension of proceedings.
(2) the German patent and Trademark Office indicates the involved aspects, which is expected to be for the decision of special importance or that the concentration of the process on the issues for the decision are useful. This note is made as early as possible in the case of the hearing after section 34a (3) sentence 2 of the Designgesetzes at the latest with the summons to the hearing. A hint there is no need, if you to be discussed aspects obviously according to the submissions of the parties.
(3) the German patent and Trademark Office has to ensure that stakeholders in a timely and fully explain all significant facts, Supplement in particular insufficient information on facts and evidence, and make relevant proposals. The German patent and Trademark Office may take into account facts and evidence which is their inclusion in the public interest if it noted this and a reasonable time to comment given the parties or are otherwise known to him.
(4) the German patent and trade mark Office collects evidence during the hearing if this is appropriate or requested. It can take a closer look at, hear witnesses, experts and stakeholders and consult documents. It decides after his conviction-free, derived from the overall result of the procedure. The decision according to § 34a paragraph 4 sentence 1 of the Designgesetzes in writing to present are the reasons guiding the decision.
Footnote (+++ § 22: application cf. Article 27 par. 2 +++) section 5 international registrations sec. 23 opinion on the refusal of protection in international registrations
The holder of an international registration according to § 66 of the Designgesetzes can be compared to the German patent and Trademark Office to the notification of the refusal of protection (article 69 paragraph 2 of the Designgesetzes) within a period of four months from the date on which the International Bureau of the World Intellectual Property Organization submits the message, position.

Section 24 transfer international entries the German patent and Trademark Office confirmed at the request of the new owner of the registered design registration of the owner change under rule 21 paragraph 1 letter b digit ii of the common regulations under the versions of the Hague Agreement of 1999, the 1960 and the 1934 (BGBl. 2008 II p. 1341, 1342) for the transfer of the international registration, provided that the new owner can prove the succession. Section 28, paragraph 3, of the DPMA regulation also applies for the determination of the transfer.

§ 25 subsequent withdrawal of protection for the request for declaration of invalidity of an international registration the area apply to the Federal Republic of Germany (article 70 paragraph 1, sentence 1 of the Designgesetzes) according to §§ 21 and 22.
Section 6 final provisions § 26 storage reproduction of the registered designs the German patent and Trademark Office the reproduction of registered design (§ 7) even after the cancellation of the registration in the Designregister permanently stored.

Article 27 transitional provisions (1) § 4 paragraph 2 shall not apply to representations received by 9 January 2014.
(2) section 22 shall apply to any request for determination or declaration of invalidity of a registered design, which are entered into from 1 January 2014 at the German patent and Trademark Office.