Regulation on the implementation of the Design Act (Designverordnung-DesignV)

Unofficial table of contents

DesignV

Date of completion: 02.01.2014

Full quote:

" Designverordnung vom 2. Januar 2014 (BGBl. I p. 18) "

Footnote

(+ + + Text proof: 10.1.2014 + + +) 
(+ + + For application cf.  § 27 + + +) 

  

The V was adopted as Article 1 of the V v. 2.1.2014 I 18 by the Federal Ministry of Justice and Consumer Protection. She's gem. Art. 6 (1) sentence 1 of this V entered into force on 10.1.2014. Unofficial table of contents

Content Summary

Section 1General

§ 1	Scope
§ 2	Form sheets

Section 2Eating procedures

§ 3	Contents of the application
§ 4	Filing of the application
§ 5	Application for registration
§ 6	Information on the applicant, representative and designer
§ 7	Rendering the design
§ 8	Surface Design Sections
§ 9	Product specification and classification
§ 10	Description for explanation of playback
§ 11	Information when claiming priority
§ 12	Division of a collection application
§ 13	Follow-up of the application
§ 14	German translations

Section 3Design registers, procedure after registration

§ 15	Contents of the design register
§ 16	Further entries in the design register
§ 17	Entry certificate
§ 18	Division of a collection member
§ 19	Information on extension and maintenance
§ 20	Renunciation of the registered design

Section 4Procedure for the determination or declaration of invalidity

Section 21	Application
Section 22	Procedural principles

Section 5International entries

Section 23	Opinion on the refusal of protection of international entries
§ 24	Enrolments of international entries
Section 25	Subsequent protective deprivation

Section 6Final provisions

Section 26	Retention of the reproduction of the registered design
§ 27	Transitional arrangements

Section 1
General

Unofficial table of contents

§ 1 Scope

The provisions of this Regulation apply to the procedures regulated by the Design Act before the German Patent and Trademark Office in addition to the provisions of the Design Act and the DPMA Regulation. Unofficial table of contents

§ 2 Forms

Form sheets referred to in this Regulation may be requested from the German Patent and Trademark Office or downloaded from the website of the German Patent and Trade Mark Office (www.dpma.de).

Section 2
Entry procedure

Unofficial table of contents

§ 3 Content of the application

(1) The registration for the registration of a design in the design register must be in accordance with Section 11 (2) and (3) of the Design Act:

1.

the application for registration (§ 5);

2.

information which allows the applicant to identify the identity of the applicant (Article 6 (1) to (3));

3.

the reproduction of the design (§ 7) or in the case of § 11 paragraph 2 sentence 2 of the Design Act the area-wise design section (§ 8) and

4.

the indication of the products to which the design is to be incorporated or to which it is intended to be used (§ 9).

(2) The application may also include:

1.

a description describing the reproduction (§ 10);

2.

a request for postponement of the publication of the reproduction pursuant to section 21 (1) sentence 1 of the Design Act,

3.

the indication of the category of goods in which the design is to be classified (§ 9),

4.

the indication of a representative (Article 6 (4));

5.

the specification of the deceased (Article 6 (5));

6.

a declaration that the priority of an earlier foreign application of the same design or an exhibition priority is claimed (§ 11), and

7.

the applicant's non-binding declaration as to whether there is an interest in the granting of licences.

Unofficial table of contents

§ 4 Filing of the application

(1) The application may be filed in writing or in electronic form. For the electronic submission, the access and transfer software or the online form (§ 3 of the Regulation on electronic legal traffic at the German Patent and Trademark Office) must be used, each of which is via the website of the German Patent and Trademark Office. German Patent and Trademark Office (www.dpma.de) shall be made available. (2) By way of derogation from Section 11 (1) of the DPMA Regulation, the submission of reproductions of a design for the purpose of filing or subsequent filing (Article 16 (4)) shall be submitted. Set 1 of the Design Act) by fax not allowed.

Footnote

(+ + + § 4 (2): For application, see Section 27 (1) + + +) Unofficial table of contents

§ 5 Application for registration

(1) For the written application for registration of a design pursuant to Section 11 (2) sentence 1 (1) of the Design Act, the form issued by the German Patent and Trademark Office must be used. (2) The application for the registration of designs in a Collection registration (§ 12 of the Design Act) must contain in addition to the content prescribed in § 11 (2) and (3) of the Design Act:

1.

a statement on how many designs are applied for registration in the design register; and

2.

a contact sheet with the following information:

a)

a list of the designs summarized in the application, numbered consecutively in Arabic numerals,

b)

the number of representations submitted to each design, and

c)

the statement that the product specification applies to all designs or, in each design, the indication of the products to which it is to be incorporated or to which it is to be used.

The form issued by the German Patent and Trademark Office must be used as a contact sheet. (3) If the application is requested to postpone the publication of the reproduction (Article 21 (1), first sentence, of the Design Act), the application shall refer to the application form. Request for all the designs summarized in the collective application. Unofficial table of contents

§ 6 Information on the applicant, representative and designer

(1) The application must contain the following information on the applicant:

1.

where the applicant is a natural person: first name and name or, if the registration is to be carried out under the name of the declarant, the company as registered in the commercial register, and the address of the place of residence or company (road, House number, postal code, place),

2.

if the declarant is a legal person or a partnership:

a)

the name or company of the person or company and its legal form, as well as the address of the registered office of the applicant (street, house number, postal code, place); the name of the legal form may be abbreviated in the usual manner;

b)

where applicable, name or company and its legal form, in accordance with the register entry, if the legal person or partnership is registered in a register, and the address of the registered office (street, house number, postal code, location),

c)

where applicable, the name and address of at least one representative of a representative of a company with civil law.

If the applicant is domicated or domicated abroad, the name of the applicant must be given in addition to the State and the place name in the indication of the address in accordance with the first sentence; the place name must be underlined. Further information on the district, the province or the state in which the applicant is domicated or has its registered office or is subject to his/her legal order is voluntary. (2) In the application, one of the applicant's address can also be provided. (3) If the application is filed by several persons or partnerships, the following paragraphs shall apply: 1 and 2 for all notifying persons or partnerships. (4) Is a In accordance with the provisions of the first sentence of paragraph 1 and paragraph 2, representatives shall be appointed. If the German Patent and Trademark Office has assigned the representative an identification number or the number of a general power of atonation, it shall be specified in addition. If a representative is appointed pursuant to Article 58 (2) of the Design Act, the second sentence of paragraph 1 shall apply. (5) For the designation of the designer, the first sentence of the first sentence of the first sentence of paragraph 1, the second sentence of paragraph 1 and the third sentence and paragraphs 2 and 3 shall apply accordingly. Unofficial table of contents

§ 7 Playing of the design

(1) The reproduction of the design takes place with the aid of photographic or other graphic representations. Up to ten representations are allowed per design, each of which is not taken into account. (2) Several representations are to be broken down after the decimal classification and numbered consecutively with Arabic numerals. The number to the left of the dot refers to the number of the design and the number to the right of the dot the number of the representation. The numbering must be displayed in addition to the representations on the forms. For the order of the representations, the numbering by the applicant is decisive. (3) The design is to be displayed on a neutral background in an image size of at least 3 × 3 centimetres. The illustrations are intended to show the design, which has been registered for protection, without a supplement, and should not contain any explanation, numbering or measurement. A representation can only show a view of the design. The representations must be permanent and indelible. (4) The representations must be printed or applied to the forms issued by the German Patent and Trademark Office. In the case of collective applications (§ 12 of the Design Act), a separate form must be used for each design. No texts, names, symbols or dimensions may be attached to the forms on the forms. (5) The representations may be submitted on a digital data medium instead of on a form. The data carrier has to be readable by the German Patent and Trademark Office. The media types and formatting that can be read at the German Patent and Trademark Office will be announced on the website www.dpma.de. If the volume is not readable, the playback is considered not to be submitted. Each representation is to be placed in the JPEG (*.jpg) graphics format as a separate file in the root directory of an empty volume. The resolution of the representation must be at least 300 dpi. A file must not be greater than 2 megabytes. The file names shall be selected in accordance with the first and second sentences of paragraph 2. (6) Where the application relates to a design consisting of a repetitive surface design, the reproduction must have the full design and a sufficiently large part of the area with the repetitive design. Design. (7) If the application relates to a design consisting of typographic characters, the reproduction of the design must include a complete set of characters and five lines of text, each in font size 16 point. Unofficial table of contents

§ 8 Area-wise design sections

(1) Area-wise design sections (§ 11 paragraph 2 sentence 2 of the Design Act) must be submitted in two matching copies. (2) If several design sections are submitted, they are to be numbered consecutively on the back. A design section should not exceed the format of 21 x 29.7 centimetres (DIN A4). A larger design section shall not exceed a format of 50 × 100 × 2.5 centimetres or 75 × 100 × 1.5 centimetres, and must be such that it can be combined to the format of 21 x 29.7 centimetres (DIN A4). The area of design sections submitted with an application may not be less than 15 kilograms, including packaging. No design sections may be submitted which are perishable or dangerous to be stored, in particular because they are easily flammable, explosive, toxic or contaminated with pests. (3) The registration of a design shall be , which consists of a repetitive surface design, the design section shall, in addition to the requirements referred to in paragraphs 1 and 2, be subject to the complete design and one of the length and breadth of the area covered by the area covered by the design section Repeat design. Unofficial table of contents

Section 9-product specification and classification

(1) The indication of the products in which the design is to be incorporated or to which it is intended to be used (Section 11 (3) of the Design Act) shall be based on the official list of registered designs on the basis of the Locarno Agreement. Establishment of an International Classification of Industrial Patterns and Models (BGBl. 1990 II p. 1677, 1679). The classification of the design to be used depends on the classification of the classes and subclasses for registered designs. The respective valid versions of the list of goods and the classification of the classes and subclasses are made known by the German Patent and Trademark Office in the Federal Gazette. (2) The product specification must be subject to a proper search of the can be displayed. It should not include more than five commodity terms. If the German Patent and Trademark Office finds in the context of the examination according to § 16 of the Design Act that the product specification contained in the application does not allow for an appropriate search, the German Patent and Trademark Office of the German Patent and Trademark Office can (3) If the classification of the class changes after the registration of the design, the classification of the products at the request of the rightholder or in the registration of the maintenance of the product shall be added. the protection of the protection of the right of office and communicated to the rightholder. Unofficial table of contents

§ 10 Description of the presentation of the reproduction

(1) If a description is submitted in order to explain the reproduction (Section 11 (5) (1) of the Design Act), it may refer only to those features which are derived from the reproduction of the design or the area of design. can be seen. In particular, it may not contain any information about the novelty or peculiarity of the design or its technical function. (2) The description explaining the reproduction of a design may contain up to 100 words and is on a separate sheet. . The description must consist of continuous text and must not contain any graphic or other design elements. In the case of collection applications (§ 12 of the Design Act), the descriptions can be grouped according to design numbers in a single document. (3) When using a digital data medium for submission of the reproduction (§ 7 paragraph 5), the Description in the format "* .txt" will be stored on the media. In the case of collection applications, the descriptions are to be grouped according to design numbers in an electronic document. Unofficial table of contents

Section 11 Information on priority claim

(1) If the application declares the use of the priority of an earlier foreign application, the time, country and file number of this application shall be indicated and a copy of this application must be submitted (Article 14 (1) sentence 1 of the (2) If the use of an exhibition priority is declared, the date of the first display and the name of the exhibition shall be indicated. In order to prove the display (Section 15 (4), first sentence, of the Design Act), a certificate must be submitted which has been issued during the exhibition by the body responsible for the protection of intellectual property on this exhibition. The certificate must be confirmed,

1.

that the design was revealed at the exhibition,

2.

the day of the opening of the exhibition and

3.

the day on which the design was first revealed, when the first revelation does not coincide with the opening day of the exhibition.

The certificate issued by the German Patent and Trademark Office is to be used for the certificate. The certificate must contain a representation of the actual disclosure of the design certified by the above-mentioned body. (3) The possibility of changing the data according to § 14 paragraph 1 sentence 2 of the Design Law or the priority declaration within 16 months of the priority date or the date of the first-time display (Article 14 (1), first sentence, and § 15 (4) sentence 1 of the Design Act), shall remain unaffected. Unofficial table of contents

§ 12 Division of a collective declaration

(1) A collective declaration may be divided into two or more applications in accordance with Section 12 (2) of the Design Act. (2) In the declaration of division, the following shall be stated:

1.

the file number of the collective declaration and

2.

the numbers of the designs to be dealt with.

(3) The division shall be made as soon as the difference to be paid pursuant to Article 12 (2), second sentence, of the Design Law has been paid. (4) The disclosures pursuant to § 6 (1) and (4) shall change as a result of a change in the particulars of the declarant or representative with respect to individual designs, the collective application shall be shared by officals. Unofficial table of contents

Section 13 Further processing of the application

An application for further processing of the application rejected as a result of the failure of the deadline (Section 17 (1) of the Design Act) must contain 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.

Unofficial table of contents

§ 14 German translations

(1) If a foreign-language document is filed, the German Patent and Trademark Office may request the applicant to submit a German translation within a reasonable period of time. The translation must be certified by a lawyer or a patent attorney or be made by a publicly appointed translator. (2) If the translation is filed after the expiry of the period, the foreign-language document shall be deemed to be the subject of the Date of receipt of translation received. If no translation is submitted, the foreign-language document shall be deemed not to have been received.

Section 3
Designregister, procedure after registration

Unofficial table of contents

§ 15 Content of the design register

(1) In the registration of the application, the following shall be included in the design register:

1.

the file number of the application,

2.

the reproduction of the registered design,

3.

the respective design number, in the case of a collection declaration in accordance with the consecutively numbered list referred to in Article 5 (2), first sentence, point 2 (a),

4.

the name, where appropriate the firm, including the legal form, and the place of residence or registered office of the declarant, and also the State in foreign places (Article 6 (1) and (3));

5.

the address of the declarant, indicating the person entitled to receive,

6.

the filing date (§ 13 (1) and § 16 (4) sentence 2 of the Design Act),

7.

the date of registration;

8.

the product specification (§ 9) and

9.

the classes of goods (Section 19 (2) of the Design Act), consisting of the specification of the classes and subclasses.

(2) Where appropriate, the following information shall be included in the design register in addition to the application:

1.

a non-binding declaration by the applicant for the interest in the award of licences has been made (Article 3 (2) (7)),

2.

the name and place of residence of all the designated members of a company under civil law (Article 6 (1), first sentence, point (2) (c)),

3.

the name and address of the representative (Article 6 (4));

4.

the name and address of the deceased person (Article 6 (5));

5.

the description explaining the reproduction of the design (§ 10),

6.

an indication of the replacement of the reproduction by an area of design section (Section 11 (2) sentence 2 of the Design Act),

7.

an indication as to whether the registration relates to the registration of a single design or a collective declaration (Section 12 of the Design Act) and, in the case of a collective application, the number of designs summarized in the application (§ 5 (2) sentence 1 (1)),

8.

Time, country and file number of the earlier application of the same design when using a foreign priority according to § 14 of the Design Act,

9.

the date of the first display and the designation of the exhibition when using an exhibition priority according to § 15 of the Design Act,

10.

a request for deferment of publication has been made (Article 21 (1), first sentence, of the Design Act),

11.

that rights in rem exist in the registered or registered design (Section 30 (1) (1) and (32) of the Design Act),

12.

that the registered or registered design has become the subject of a compulsory enforcement measure (Section 30 (1) (2) and (32) of the Design Act); and

13.

that the right of registered or registered design has been covered by insolvency proceedings (Section 30 (3) and section 32 of the Design Act).

(3) In the case of legal transitions before the registration of the design which has already been registered, only that person is entered in the design register which is at the time of the registration of the holder of the right established by the application. (4) the publication of the reproduction in accordance with Article 21 (1), first sentence, of the Design Law has been requested, the registration of the application shall be limited to the particulars referred to in points 1, 4 to 7 of the first paragraph of paragraph 1 and to the provisions of points 1 to 3, 10 to 13 of the second paragraph of paragraph 2, and to the Priority date referred to in paragraph 2 (8) and (9). If the protection is extended to the term of protection in accordance with Article 27 (2) of the Design Act (Section 21 (2) sentence 1 of the Design Act), the remaining information shall be included in the design register in accordance with the provisions of paragraphs 1 and 2. Unofficial table of contents

Section 16 Further entries in the design register

In addition to the entries in accordance with § 15, the following information shall be included in the design register, where appropriate:

1.

that protection has been extended to the term of protection in accordance with Article 27 (2) of the Design Act (Section 21 (2) sentence 1 of the Design Act),

2.

in the case of the publication of the reproduction (Article 21 (3) of the Design Act), the date of the contract notice and the reference to the notice pursuant to Article 21 (1) sentence 2 of the Design Act,

3.

changes in the information referred to in Article 15 (1) (4) and (5) and (2) (3) and (4);

4.

that a request for re-establishment of rights has been filed (Article 23 (3), third sentence, of the Design Act) and the outcome of that procedure,

5.

that a collective entry was shared (§ 18),

6.

that a judicial procedure has been initiated in accordance with Section 9 (1) of the Design Act, as well as further information pursuant to Section 9 (4) of the Design Act,

7.

that a request for a declaration or declaration of invalidity has been submitted (Section 34a (1) of the Design Act) and the outcome of the invalidity proceedings,

8.

the date of the collection of the counterclaim for the determination or declaration of invalidity and the outcome of the proceedings (Section 52b (4) of the Design Act); and

9.

the day and the reason for the deletion of the registered design (Section 36 (1) of the Design Act).

Unofficial table of contents

§ 17 Certificate of entry

The owner of the registered design receives a certificate from the German Patent and Trademark Office on the registration of the design, if he has not expressly waived this. Unofficial table of contents

Section 18 Division of a collection member

(1) § 12 (1), (2) and (4) shall apply for the division of a collective registration. (2) Subject to an application for registration of a transfer in accordance with Section 28 of the DPMA Regulation only a part of the designs registered on the basis of a collective declaration, such shall indicate the respective design numbers in the application. The registered designs, which are recorded by the transfer of the law, will be severed and continued in a partial file. Unofficial table of contents

Section 19 Information on extension and maintenance

(1) In the case of payment of the fee for the extension of the protection to the term of protection in accordance with § 27 paragraph 2 of the Design Act (§ 21 paragraph 2 sentence 1 of the Design Act) must be stated:

1.

the file number of the registration,

2.

the purpose of the payment and

3.

the name of the rightholder in accordance with Article 6 (1).

(2) If the extension of the protection is to be effected only for individual registered designs within a collection entry, an application shall be submitted containing the following information:

1.

the file number of the registration,

2.

the name of the rightholder in accordance with Article 6 (1) and

3.

the numbers of the registered designs whose protection is to be extended.

(3) The rightholder requests that the publication of the reproduction (Art. 21 (3) of the Design Act) be collected before the expiry of the period laid down in Article 21 (1), first sentence, of the Design Act, shall be stated in the application:

1.

the file number of the registration,

2.

the name of the rightholder in accordance with Article 6 (1) and

3.

the date on which the contract notice is to be made.

(4) In the case of payment of the maintenance fee, paragraphs 1 and 2 shall apply accordingly. Unofficial table of contents

§ 20 waiver of the registered design

(1) In the declaration concerning the waiver of the registered design in accordance with § 36 (1) sentence 1 (2) and (2) of the Design Act, the following shall be stated:

1.

the number of the design registered, which is not used, and

2.

the name and address of the rightholder in accordance with Article 6 (1).

(2) If a registered design is partially waived, the statement shall be filed with a reproduction of the modified design according to § 7, in the case of § 11 paragraph 2 sentence 2 of the design law of the amended area design section in accordance with § 8. The partial waix should not include more than 100 words. It is registered in the design register and is made known with the reproduction of the modified design. In the case of collection registrations, a separate partial waived declaration is to be issued for each registered design, which is partially waived. (3) For the approval required pursuant to section 36 (1), first sentence, point 2 of the Design Act, one in the Designregister registered proprietor of a right on the registered design shall issue a declaration of consent signed by that person or his representative. A certification of the declaration or signature is not required.

Section 4
Procedure for the determination or declaration of nullity

Unofficial table of contents

Section 21 Application

(1) The form issued by the German Patent and Trademark Office shall be used for the application for the declaration or declaration of invalidity of a registered design (Art. 34a (1) of the Design Act). (2) The application shall state:

1.

the number of the design registered,

2.

the name and address of the applicant;

3.

the ground for invalidity pursuant to section 33 (1) or (2) sentence 1 of the Design Act,

4.

the facts and evidence used in the explanatory statement;

5.

in the case of a request for partial nullity (Section 35 (1) of the Design Act), the scope of the application for invalidity.

(3) A request may be based on a number of grounds for invalidity mentioned in Section 33 (1) or (2) sentence 1 of the Design Act. In the application, information on the value of the object can be made if it is to be determined in accordance with Section 34a (5) sentence 2 of the Design Act. Unofficial table of contents

Section 22 procedural principles

(1) The German Patent and Trade Mark Office may combine pending invalidity proceedings for joint treatment and decision. It may suspend an invalidity procedure if it is relevant. A suspension shall be considered, in particular, if it does not respect the same registered design in a different procedure. The German Patent and Trademark Office may again repeal an order issued by the German Patent and Trademark Office concerning the connection of several proceedings or the suspension of proceedings. (2) The German Patent and Trademark Office shall assign the parties to the relevant aspects of the proceedings. , which are likely to be of particular importance for the decision or which are conducive to the concentration of the procedure in respect of the essential questions to be taken. This notice shall be made as soon as possible, in the case of the hearing in accordance with Section 34a (3) sentence 2 of the Design Act at the latest with the summons to the hearing. A hint is not necessary if the viewpoints to be discussed appear obvious after the parties have been brought forward. (3) The German Patent and Trade Mark Office has to work to ensure that the parties concerned are in good time and complete explain all the relevant facts, in particular as to the lack of information on facts and evidence, as well as relevant applications. The German Patent and Trademark Office may take into account facts and evidence which have otherwise become known to him or whose consideration is in the public interest, if it has been pointed out and the party concerned is adequately informed. (4) The German Patent and Trademark Office shall collect evidence in the context of the hearing if this is relevant or is requested. It can take an eye, hear witnesses, experts and participants, as well as draw on documents. It shall decide on its free conviction, which is obtained from the overall result of the proceedings. The reasons for the decision are to be stated in writing in the decision pursuant to Section 34a (4) sentence 1 of the Design Act.

Footnote

(+ + + § 22: For application, see Section 27 (2) + + +)

Section 5
International entries

Unofficial table of contents

Section 23 Opinion on the refusal of protection in international entries

The holder of an international registration pursuant to Section 66 of the Design Act may, within a period of four months from the date on which the International Bureau of the International Office of the International Office of Design (Design Act), the notice of refusal of protection (Section 69 (2) of the Design Act) The World Intellectual Property Organization is sending its notice to the German Patent and Trademark Office. Unofficial table of contents

Section 24 Rewriting of international entries

At the request of the new owner of the registered design, the German Patent and Trade Mark Office certifies the registration of the change of ownership in accordance with Rule 21 (1) (b) (ii) of the Common Implementing Regulations to the versions of the Hague Convention Agreement of 1999, 1960 and 1934 (BGBl. 1341, 1342) for the rewriting of the international registration, provided that the new owner proves the succession of the legal succession. Section 28 (3) of the DPMA Regulation shall apply mutas to the proof of the transfer of rights. Unofficial table of contents

Section 25 Night-time protective education

§ § 70 (1) sentence 1 of the Design Act applies to the application for the determination of the invalidity of an international registration for the territory of the Federal Republic of Germany. § § 21 and 22 apply accordingly.

Section 6
Final provisions

Unofficial table of contents

§ 26 Retention of the reproduction of the registered design

The German Patent and Trademark Office permanently preserves the reproduction of the registered design (§ 7) even after the deletion of the registration in the design register. Unofficial table of contents

§ 27 Transitional arrangements

(1) § 4 (2) shall not apply for reproductions received until 9 January 2014. (2) § 22 shall apply to all applications for the determination or declaration of invalidity of a registered design, which shall apply from 1 January 2014 to the German Patent and Trademark Office have been received.