Utility model law

Original Language Title: Gebrauchsmustergesetz

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Utility model law (GebrMG)

Unofficial table of contents

GebrMG

Date of completion: 05.05.1936

Full quote:

" Utility Model Law, as amended by the Notice of 28 August 1986 (BGBl. 1455), as last amended by Article 2 of the Law of 19. October 2013 (BGBl. 3830).

Status:	New by Bek. v. 28.8.1986 I 1455;
	Last amended by Art. 2 G v. 19.10.2013 I 3830

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1981 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 44/98 (CELEX: 398L0044)  G v. 21.1.2005 I 146 + + +)

Heading: letter abbreviation inserted. by Art. 3 No. 1 G v. 16.7.1998 I 1827 mWv 1.11.1998 Unofficial table of contents

§ 1

(1) A utility model shall protect inventions which are new, are based on an inventive step and are commercially applicable. (2) The subject matter of a utility model within the meaning of paragraph 1 shall in particular not be considered as the subject of a utility model:

1.: Discoveries as well as scientific theories and mathematical methods;
2.: aesthetic levies;
3.: plans, rules and procedures for mental activities, for games or for business activities, as well as programmes for data processing equipment;
4.: the reproduction of information;
5.: biotechnological inventions (§ 1 para. 2 of the Patent Law).

(3) Paragraph 2 preclude protection as a utility model only in so far as it is sought as such protection for the objects or activities mentioned. Unofficial table of contents

§ 2

The utility model is not protected:

1.: Inventions whose exploitation would be contrary to public order or morality; such a breach cannot be derived solely from the fact that the exploitation of the invention is prohibited by law or administrative provision is.
2.: plant varieties or animal species;
3.: Procedure.

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§ 3

(1) The subject-matter of a utility model shall be deemed to be new if it is not part of the state of the art. The state of the art includes all the knowledge which has been made available to the public before the date of the application for the time being filed by the written description or by a use made in the scope of this law. . A description or use made within six months before the date of filing of the application shall be disregarded if it is based on the elaboration of the applicant or his/her legal forerunner. (2) The subject of a Utility model shall be considered to be commercially applicable if it is possible to manufacture or use in any commercial area, including agriculture. Unofficial table of contents

§ 4

(1) Inventions for which protection is required as a utility model shall be notified to the Patent Office. A special application is required for each invention. (2) The application can also be submitted via a patent information centre if this body is determined by a notice of the Federal Ministry of Justice in the Federal Law Gazans. is to receive utility model applications. An application which may contain a state secret (Section 93 of the Criminal Code) must not be filed with a patent information centre. (3) The application must contain:

1.: the name of the declarant;
2.: a request for registration of the utility model in which the subject-matter of the utility model is short and precise;
3.: one or more protection claims, indicating what is to be protected under protection;
4.: a description of the object of the utility model;
5.: the drawings to which the protection claims or the description relate.

(4) The Federal Ministry of Justice is hereby authorized to adopt by means of law provisions concerning the form and other requirements of the application. This authorisation may be transferred to the German Patent and Trademark Office by means of a legal regulation. (5) Until the date of registration of the utility model, changes to the application shall be permitted, provided that they do not include the subject-matter of the application. Expand. Rights may not be derived from changes that extend the subject-matter of the application. (6) The applicant may share the application at any time. The division shall be declared in writing. For each divisional application, the date of the original application and a priority for that purpose shall be maintained. For the severed application, the same fees are to be paid for the period up to the division, which were to be paid for the original application. (7) The Federal Ministry of Justice is authorized to make provisions by means of a legal regulation concerning the deposit, access, including access to, and re-deposit of biological material, provided that the invention involves the use of biological material, or to the use of such material; , which is not accessible to the public and which is not available in the application be described in such a way that a person skilled in the art can carry out the invention afterwards (paragraph 3). This authorisation may be transferred to the German Patent and Trademark Office by means of a legal regulation. Unofficial table of contents

Section 4a

(1) The date of filing of the utility model application shall be the date on which the documents in accordance with § 4 (3) (1) and (2) and, in any case, in so far as they contain information, which are to be regarded as a description, according to § 4 (3) (4) (4) (4)

1.: at the Patent Office
2.: or, if it is determined by a notice from the Federal Ministry of Justice in the Federal Law Gazan, at a patent information centre

(2) If the application contains a reference to drawings and the application is not accompanied by drawings, or if at least part of a drawing is missing, the Patent Office shall invite the applicant to within a period of time of one month after notification of the request, either the drawings or declare that the reference shall be deemed not to have been made. If the applicant submits to this request the missing drawings or the missing parts, the date of receipt of the drawings or missing parts shall be the filing date of the Patent Office; otherwise, the reference to the drawings shall be deemed to be valid. (3) Paragraph 2 shall apply mutatily to missing parts of the description. Unofficial table of contents

§ 4b

If the application is not in German or is not in German, the applicant has to submit a German translation within a period of three months from the date of filing of the application. If the German translation is not submitted within the time limit, the application shall be deemed to be withdrawn. Unofficial table of contents

§ 5

(1) If the applicant has previously filed a patent with effect for the Federal Republic of Germany for the same invention, he may make the declaration with the utility model application that the date of filing of the patent application in question shall be in the form of a Claim is taken. A right of priority claimed for the patent application is maintained for the utility model application. The right under sentence 1 may, until the expiry of two months after the end of the month in which the patent application has been completed or a possible opposition procedure, be completed, but not later than the end of the tenth year following the date of filing of the application, the (2) If the applicant has made a statement pursuant to the first sentence of paragraph 1, the Patent Office shall invite him to indicate, within two months of the notification of the request, the file number and the date of filing and the date of filing of the request. Copy of the patent application. If such information is not made in good time, the right referred to in the first sentence of paragraph 1 shall be forgiven. Unofficial table of contents

§ 6

(1) Within a period of twelve months from the date of filing of an earlier patent or utility model application filed at the Patent Office for the application of the same invention to the utility model, the applicant shall be entitled to a right of priority for the application of the same invention as a utility model. because a domestic or foreign priority has already been used for the earlier application. § 40 (2) to (4), Section 5, sentence 1, Section 6 of the Patent Law shall be applied accordingly, Section 40 (5) sentence 1, with the proviso that an earlier patent application shall not be deemed to be withdrawn. (2) The provisions of the Patent Law on foreign Priority (§ 41) should be applied accordingly. Unofficial table of contents

§ 6a

(1) If the applicant has an invention

1.: on an official or officially recognised international exhibition within the meaning of the Agreement on International Exhibitions, signed in Paris on 22 November 1928, or
2.: on any other domestic or foreign exhibition

(2) The person referred to in paragraph 1 (1) (1) may, if he signs the invention within a period of six months from the initial display of the utility model, claim from that date a right of priority. (3) The exhibitions referred to in paragraph 1 (2) shall be determined on a case-by-case basis by the Federal Ministry of Justice and published in the Federal Gazette (Bundesanzeiger). (4) Who is a priority in accordance with paragraph 1 of this Article shall be made before the end of the 16. (5) The exhibition priority referred to in paragraph 1 shall extend the priority periods in accordance with § 6 of the present disclosure. Paragraph 1 not. Unofficial table of contents

§ 7

(1) The Patent Office shall, on request, determine the state of the art to be considered for the assessment of the protective capability of the subject of the utility model application or the utility model (search). (2) The application may be submitted by the applicant or submitted to the holder and to any third party. It must be submitted in writing. § 28 shall apply accordingly. (3) The receipt of the application shall be published in the Patent Bulletin, but not prior to the registration of the utility model. If a third party has submitted the request, the receipt of the application shall also be communicated to the applicant or to the person who has been registered as holder. Everyone is entitled to give the Patent Office an indication of the state of the art, which is to be considered for the assessment of the protective ability of the subject of the utility model application or the utility model. (4) Is a request for paragraph In the event of a subsequent application, subsequent applications shall be deemed not to be submitted § 43 (4) sentence 2 and 3 of the Patent Law shall be applied accordingly. (5) A request made by a third party after the notification to the applicant or the proprietor is deemed to be ineffective, the Patent Office shall inform the applicant in addition to the (6) The Patent Office shall communicate the state of the art as determined in accordance with paragraph 1 to the applicant or the proprietor and, if the application has been made by a third party, to the applicant or to the person who is the holder of the application. the applicant or the proprietor, without guarantee, for the completeness and published in the Patentblatt, that this communication has been issued. Unofficial table of contents

§ 8

(1) In the event that the application meets the requirements of § § 4, 4a, 4b, the Patent Office shall have the registration in the register for utility models. An examination of the subject-matter of the application for novelty, inventive step and industrial applicability does not take place. § 49 (2) of the Patent Act must be applied accordingly. (2) The registration must indicate the name and residence of the applicant as well as his representative and his authorized representative, as ordered pursuant to § 28, as well as the time of filing. (3) The Applications are to be published in the Patent Bulletin in regularly appearing overviews. The publication may be made in electronic form. For further processing or use for the purposes of utility model information, the Patent Office may transmit information from the Patent Bulletin to third parties in electronic form. The transfer shall not take place to the extent that an inspection is excluded pursuant to paragraph 7. (4) The Patent Office shall, in the register, remark a change in the person of the holder of the utility model, his representative or his/her representative, if: it is proven to him. As long as the amendment is not registered, the former rightholder and his former representative or agent of delivery shall remain entitled and obliged in accordance with the provisions of this Act. (5) The inspection of the register and the files shall remain in the file. Any registered utility model, including the file of deletion procedures, is free of all. In addition, the Patent Office shall grant any person, upon request, access to the files if and to the extent that a legitimate interest is made credible. (6) Insofar as the inspection of the register and the files referred to in the first sentence of paragraph 5 is free of any person, the Access to electronic management of the register and files shall also be granted via the Internet. (7) The inspection referred to in paragraphs 5 and 6 shall be excluded in so far as a piece of law precludes or in so far as the protection worthy of interest is the person concerned clearly outweighs the person concerned within the meaning of Section 3 (1) of the Federal Data Protection Act . Unofficial table of contents

§ 9

(1) If a utility model is registered, the subject-matter of which is a state secret (Section 93 of the Criminal Code), the Examination Office responsible for the order in accordance with Section 50 of the Patent Law shall, on its own account, order the disclosure (Section 8 (5)) of the Code of Enforcement. and the notice in the Patent Bulletin (Section 8 (3)) is not required. The competent top federal authority is to be heard before the order. It may request the adoption of an order. The utility model must be entered in a special register. (2) In addition, the provisions of § 31 (5), § 50 (2) to (4) and § § 51 to 56 of the Patent Act must be applied accordingly. The examination office responsible pursuant to paragraph 1 shall also be responsible for the decisions to be taken in accordance with Section 50 (2) of the Patent Act and for the relevant application of Section 50 (3) and Section 53 (2) of the Patent Law. responsible for actions to be taken. Unofficial table of contents

§ 10

(1) For applications in utility model cases, with the exception of requests for cancellation (§ § 15 to 17), a utility model office shall be established in the Patent Office, which shall be led by a legal member appointed by the President of the Patent Office. (2) The Federal Ministry of Justice is authorized to entrust officials of upper and medium-sized service or comparable employees with the perception of transactions carried out by utility model bodies or similar employees by means of a legal regulation in the case of utility model departments and their nature does not have any special technical or technical specifications; or legal difficulties, but excluding any rejections of notifications for reasons which the applicant has objected to. The Federal Ministry of Justice can transfer this authorisation to the German Patent and Trademark Office by means of a decree law. (3) On request for deletion (§ § 15 to 17), one of the utility model departments to be formed in the Patent Office shall decide on the is to be occupied by two technical members and a legally-known member. The provisions of Section 27 (7) of the Patent Act shall apply accordingly. Within their business district, each utility model department is also responsible for issuing opinions. (4) For the exclusion and rejection of the members of the utility model office and the utility model departments, § § 41 to 44, 45 para. 2 apply. Sentence 2, § § 47 to 49 of the Code of Civil Procedure on the exclusion and rejection of the court persons. The same shall apply to officials of the upper and medium-sized service and employees, in so far as they have been entrusted, in accordance with paragraph 2, with the performance of individual shops of the utility model or the use-pattern departments of the shops. Section 27 (6) sentence 3 of the Patent Law applies accordingly. Unofficial table of contents

§ 11

(1) The registration of a utility model shall have the effect that only the holder is authorized to use the object of the utility model. Any third party shall be prohibited from producing, offering, placing on the market, placing on the market or, for the purposes of the said purposes, either introducing or holding a product which is the object of the utility model. (2) The third party shall be prohibited from: Registration shall also have the effect that it shall be prohibited to any third party, without the consent of the holder within the scope of this Act, to other persons entitled to use the object of the utility model and to a person entitled to a -essential elements of the object of the utility model, to be used in the To offer or to provide the scope of this law if the third party knows, or if it is clear, on the basis of the circumstances, that these funds are suitable and intended for use of the object of the utility model, to be used for . The first sentence shall not apply where the means are generally commercially available, unless the third party deliberately causes the supply to trade in a manner prohibited by the second sentence of paragraph 1. Persons carrying out the acts referred to in § 12 (1) and (2) shall not be deemed to be persons who are entitled to use the object of the utility model in the sense of the sentence 1. Unofficial table of contents

§ 12

The effect of the utility model shall not apply to:

1.: acts carried out in the private sector for non-commercial purposes;
2.: acts for experimental purposes relating to the subject-matter of the utility model;
3.: Acts of the kind referred to in § 11 No. 4 to 6 of the Patent Law.

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§ 12a

The protection area of the utility model is determined by the content of the protective claims. However, the description and the drawings are to be used for the design of the protective claims. Unofficial table of contents

§ 13

(1) The protection of utility models shall not be justified by the registration in so far as there is a claim for cancellation against the person registered as the holder (§ 15 (1) and (3)). (2) If the essential content of the registration is the description, Any drawings, models, equipment or facilities of another person without the consent of the other person shall not enter the law against the protection of the law. (3) The provisions of the Patent Law on the right to protection (§ 6), on the right to grant of the right of protection (Section 7 (1)), on the right to Transfer (§ 8), on the right of prior use (§ 12) and on the state use order (§ 13) are to be applied accordingly. Unofficial table of contents

§ 14

To the extent that a patent filed later on intervenes in a law established in accordance with § 11, the law of this patent may not be exercised without the permission of the owner of the utility model. Unofficial table of contents

§ 15

(1) Everyone shall have the right to delete the utility model against the right of the holder if:

1.: the subject-matter of the utility model shall not be protected in accordance with § § 1 to 3,
2.: the subject-matter of the utility model has already been protected on the basis of an earlier patent application or utility model application, or
3.: the subject-matter of the utility model extends beyond the content of the application in the version in which it was originally filed.

(2) In the case of Section 13 (2), only the injured person shall be entitled to erasure. (3) If the deletions are only a part of the utility model, the deletion shall be effected only to this extent. The restriction may be made in the form of a change in the protective claims. Unofficial table of contents

§ 16

The deletion of the utility model in accordance with § 15 is to be requested in writing at the Patent Office. The application shall state the facts on which it is based. The provisions of Section 81 (6) and § 125 of the Patent Act apply accordingly. Unofficial table of contents

§ 17

(1) The Patent Office shall inform the holder of the utility model of the application and invite him to declare himself within one month. If he does not object in time, the deletion shall be effected. (2) Otherwise, the Patent Office shall inform the applicant of the objection and shall have the necessary provisions for the clarification of the matter. It may order the testimonation of witnesses and experts. The rules of the Code of Civil Procedure (§ § 373 to 401 as well as 402 to 414) apply accordingly. The proceedings of the evidence must be included in the drawing up of a sworn protocol guide. (3) The request shall be decided upon at the end of oral proceedings. The decision shall be announced in the date when the oral proceedings are closed or in an appointment to be immediately scheduled. The decision shall be justified in writing and shall be notified of its own motion to the parties concerned. § 47 (2) of the Patent Act must be applied accordingly. The date of delivery of the decision shall be admissible instead of the delivery. (4) The Patent Office shall determine the proportion of the costs of the proceedings to be borne by the parties concerned. Section 62 (2) and section 84 (2) sentence 2 and 3 of the Patent Act must be applied accordingly. Unofficial table of contents

§ 18

(1) The appeal to the patent court shall be taken against the decisions of the utility model body and the utility model departments. (2) Moreover, the provisions of the patent law shall be applied in accordance with the appeal procedure. If the appeal concerns a decision which has been taken in an erasure procedure, the decision on the costs of the procedure § 84 (2) of the Patent Act must be applied accordingly. (3) On complaints against decisions of the The utility model office and the decisions of the utility model departments shall decide on a case of appeal of the patent court. The Senate, in its occupation with two right-wing members and a technical member, decides on complaints against the rejection of the application for a utility model, on complaints against decisions taken by the utility model departments on Applications for deletion in the occupation with a right-wing member and two technical members. In the case of appeals against decisions relating to applications for authorisation of procedural aid, the second sentence must be applied accordingly. The chairman must be a legal member. § 21g (1) and (2) of the Law of the Judith Act shall apply to the distribution of transactions within the Appeals Board. § 69 (1) of the Patent Law applies to the hearing of complaints against the decisions of the utility model body, for the hearing of complaints against the decisions of the utility model departments § 69 (2) of the Patent Law (4) The appeal to the Federal Court of Appeal shall be taken against the decision of the Appeal Court of the Patent Court to decide on a complaint pursuant to paragraph 1, if the appeal body in the decision is the Legal complaint has been admitted. § 100 (2) and (3) as well as § § 101 to 109 of the Patent Act shall apply. Unofficial table of contents

§ 19

If, during the deletion proceedings, a dispute is pending whose decision depends on the existence of the utility model protection, the court may order that the trial be suspended until the deletion proceedings have been carried out. It shall order the suspension if it deems the utility model application to be ineffective. If the request for deletion has been rejected, the Court of First Instance shall be bound by that decision only if it has been issued between the same parties. Unofficial table of contents

§ 20

The provisions of the Patent Law on the granting or withdrawal of a compulsory licence or on account of the adjustment of the remuneration laid down by judgment for a compulsory licence (§ 24) and on the procedure (§ § 81 to 99, 110 to 122a) apply to: Registered utility model accordingly. Unofficial table of contents

Section 21

(1) The provisions of the Patent Act concerning the reimbursement of expert opinions (Section 29 (1) and (2)), the re-establishment of rights in the previous stand (§ 123), the further processing of the application (§ 123a), the duty of truth in the proceedings (§ 124), the provisions of the German Patent Act (§ 124), the electronic procedure (§ 125a), about the official language (§ 126), on deliveries (§ 127), on the legal assistance of the courts (§ 128), on the compensation of witnesses and the remuneration of experts (§ 128a) and on the legal protection in the case of excessive legal proceedings (§ 128b), also for utility model cases (2) The provisions of the Patent Law on the granting of procedural aid (§ § 129 to 138) shall be applied accordingly in utility model cases, Section 135 (3), with the proviso that the representative referred to in § 133 shall be subject to the provisions of the German Patent Act. The right to appeal is due. Unofficial table of contents

Section 22

(1) The right to the utility model, the right to its registration, and the right established by the registration shall be applied to the heirs. The rights referred to in paragraph 1 may, in whole or in part, be the subject of exclusive or non-exclusive licences for the scope of this Act or a part of the scope of the provisions of the Act. of the same. In so far as a licensee violates a restriction of his licence pursuant to sentence 1, the right of registration may be asserted against him. (3) A transfer of law or the granting of a licence shall not affect the licences which third parties shall grant to third parties. have been issued in advance. Unofficial table of contents

Section 23

(1) The term of protection of a registered utility model begins with the filing date and ends ten years after the end of the month in which the filing date falls. (2) The maintenance of the protection shall be effected by payment of a maintenance fee for the the fourth to sixth, seventh and eighth as well as for the ninth and tenth year, calculated from the date of filing. The maintenance shall be recorded in the register. (3) The utility model shall be deleted if:

1.: the registered proprietor of the registered office, by written declaration to the Patent Office, renounced the utility model; or
2.: the maintenance fee is not paid in due time (Section 7 (1), section 13 (3) or section 14 (2) and (5) of the Patent Costing Act).

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§ 24

(1) Anyone who uses a utility model contrary to § § 11 to 14 may be used by the injured person if there is a risk of recurrence on omission. The claim exists even if an infringement threatens for the first time. (2) If the act intentionally or negligently carries out the act, the injured person shall be obliged to compensate for the damage resulting therefrom. In the assessment of the damages, the profit which the infringer has achieved through the violation of the law can also be taken into consideration. The claim for damages can also be calculated on the basis of the amount that the infringer would have had to pay as an appropriate remuneration if he had obtained the permission to use the invention. Unofficial table of contents

§ 24a

(1) Anyone who uses a utility model contrary to § § 11 to 14 may be used by the injured person for the destruction of the products in the possession or property of the infringer, which are the subject of the utility model. Sentence 1 shall be applied in accordance with the materials and equipment which are in the possession of the infringer and which have been used primarily for the manufacture of these products. (2) Anyone who uses a utility model contrary to § § 11 to 14 may be subject to the last sentence of the last sentence. (3) The claims referred to in paragraphs 1 and 2 shall be excluded if the use of the product is not subject to the Individual cases are disproportionate. The legitimate interests of third parties shall also be taken into account in the examination of proportionality. Unofficial table of contents

§ 24b

(1) Anyone who uses a utility model contrary to § § 11 to 14 can be used by the injured person for immediate information on the origin and distribution path of the products used. (2) In cases of obvious infringement of law or in cases where the injured person has brought an action against the infringer, the claim shall also apply, without prejudice to paragraph 1, to a person who is on a commercial scale

1.: had infringed products in their possession,
2.: the right-infringing services,
3.: services used for infringing activities, or
4.: having been involved in the manufacture, production or distribution of such products or the provision of such services, according to a person referred to in points 1, 2 or 3,

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

1.: the name and address of the manufacturers, suppliers and other previous owners of the products or users of the services, and of the commercial customers and outlets for which they were intended; and
2.: the quantity of products produced, delivered, obtained or ordered, and the prices paid for the products or services concerned.

(4) The claims referred to in paragraphs 1 and 2 shall be excluded if the claim is disproportionate in individual cases. (5) If the information provided for the information is intentionally or grossly negligently false or incomplete, he shall be responsible for the information provided. (6) Any person who has provided true information without being obliged to do so under paragraph 1 or paragraph 2 shall be liable to third parties only if he knew that he was responsible for the exchange of information. was not obligated. (7) In cases of obvious infringement, the Obligation to provide information by means of the inordinated disposition according to § § 935 to 945 of the Code of Civil Procedure. (8) The findings may be obtained in a criminal procedure or in a procedure under the law on In the event of an offence committed against the pledge against the pledge or against a family designated in § 52 para. 1 of the Code of Criminal Procedure only with the consent of the pledge, before the grant of the information. (9) Can the Information given only with the use of traffic data (§ 3 No. 30 of the Telecommunications Act) , a prior judicial order on the admissibility of the use of the traffic data to be applied for by the injured person shall be required for its grant. For the adoption of this order, the District Court, in whose district the person concerned has his domiciliate, his registered office or a branch, is solely responsible for the value of the dispute. The decision shall be taken by the civil chamber. The provisions of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction shall apply in accordance with the procedure. The costs of the judicial order are borne by the injured. The decision of the Landgericht is subject to the complaint. The complaint shall be lodged within a period of two weeks. Moreover, the provisions on the protection of personal data remain unaffected. (10) Paragraph 2, in conjunction with paragraph 9, restricts the fundamental right of telecommunications secrecy (Article 10 of the Basic Law). Unofficial table of contents

§ 24c

(1) Anyone who uses a utility model with sufficient probability contrary to § § 11 to 14 may by the rightholder or any other person entitled to use a certificate or a visit to a case which is in his or her disposal , shall be used if necessary to justify its claims. If there is a sufficient probability of a breach of law committed on a commercial scale, the claim shall also cover the submission of bank, financial or commercial documents. In so far as the alleged infringer asserts that it is confidential information, the court shall take the necessary measures to ensure the protection afforded on a case-by-case basis. (2) The claim referred to in paragraph 1 shall be if the use is disproportionate in individual cases. (3) The obligation to submit a document or to submit a visit to a case may be made in accordance with § § 935 to 945 of the Civil process order is ordered. The Court of First Instance shall take the measures necessary to ensure the protection of confidential information. This applies in particular in the cases in which the inversion is issued without prior hearing of the opponent. (4) § 811 of the Civil Code as well as § 24b (8) apply accordingly. (5) If there was no breach or threatened, it can the alleged infringer of the person who has sought the submission or inspection referred to in paragraph 1 shall require the compensation of the damage caused to him by the desire. Unofficial table of contents

§ 24d

(1) The injured person may, in the event of a breach of the law on a commercial scale, in the cases referred to in Article 24 (2), also on presentation of bank, financial or commercial documents or an appropriate access to the relevant documents in Claim, which is in the infringer's right of disposal and which is required for the enforcement of the claim for damages, if without the submission the fulfillment of the claim for damages is questionable. In so far as the infringer asserts that it is confidential information, the court shall take the necessary measures to ensure the protection afforded on a case-by-case basis. (2) The claim referred to in paragraph 1 shall be excluded if the (3) The obligation to submit the documents referred to in paragraph 1 may be ordered by means of the insinuating order in accordance with § § 935 to 945 of the Code of Civil Procedure if the Claim for damages obviously exists. The Court of First Instance shall take the measures necessary to ensure the protection of confidential information. This applies in particular in the cases in which the inversion is issued without prior hearing of the opponent. (4) § 811 of the Civil Code as well as Section 24b (8) apply accordingly. Unofficial table of contents

§ 24e

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

§ 24f

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

§ 24g

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

Section 25

(1) With a custodial sentence of up to three years or a fine shall be punished for who without the required consent of the owner of the utility model

1.: a product which is the object of the utility model (Article 11 (1), second sentence), manufactures, offers, places on the market, uses it or, for one of the said purposes, either introduces or possesses it, or
2.: exercise the right of a patent against § 14.

(2) If the perpetrator is commercial, the penalty shall be a custodial sentence of up to five years or a fine. (3) The trial shall be punishable. (4) In the cases referred to in paragraph 1, the deed shall only be prosecuted unless the law enforcement authority is responsible for the prosecution of the offence. of the special public interest in law enforcement proceedings shall be deemed necessary. (5) Items in respect of which the offence relates may be recovered. Section 74a of the Criminal Code shall apply. In so far as the claims in § 24a are granted in accordance with the provisions of the Code of Criminal Procedure on the compensation of the injured (§ § 403 to 406c), the provisions on confiscation shall not apply. (6) If the injured person requests it and a legitimate interest in it, it is to be ordered that the conviction shall be made public upon request. The nature of the contract notice shall be determined in the judgment. Unofficial table of contents

Section 25a

(1) A product which violates a utility model protected under this Act shall be subject, upon application and against the security performance of the rightholder, to the import or export of the seizure by the customs authority, provided that the Violation of the law is obvious. This shall apply only to the traffic with other Member States of the European Union and to the other States Parties to the Agreement on the European Economic Area, to the extent that such checks are carried out by the customs authorities. (2) The customs authority shall be entitled to: the seizure shall be notified forthwith to the person entitled to dispose of the seizure and to the applicant. The applicant shall be informed of the origin, quantity and location of the product as well as the name and address of the person entitled to dispose of the product; the letter and mail secrecy (Article 10 of the Basic Law) shall be restricted to this extent. The applicant shall be given the opportunity to inspect the product in so far as this is not carried out in commercial or industrial secrecy. (3) If the seizure is not seized, no later than two weeks after the date of delivery of the product, the The customs authorities shall notify the confiscation of the seized product pursuant to the first sentence of paragraph 2. (4) If the person entitled to seize the seizure does not, the customs authority shall immediately inform the Applicants. The latter shall immediately declare to the customs authority whether it maintains the application referred to in paragraph 1 in respect of the product seized.

1.: If the applicant withdraws the application, the customs authorities shall immediately lift the seizure.
2.: If the applicant maintains the application and submits a fully enforceable court decision ordering the custody of the confiscated product or a restriction of disposal, the customs authority shall take the necessary measures.

If the cases in paragraphs 1 or 2 are not available, the customs authorities shall abolic the seizure after two weeks after the notification has been notified to the applicant in accordance with the first sentence; the applicant shall inform the applicant that the court decision has been taken after the date of notification. (5) The seizure shall be deemed unjustified from the outset and the applicant has requested the application in accordance with paragraph 1 of this Article. shall be maintained in respect of the product seized or shall not be immediately (6) The application referred to in paragraph 1 shall be submitted to the Federal Finance Directorate and shall have effect for one year, provided that: no shorter period of validity is requested; it may be repeated. In the case of the official acts relating to the application, the applicant will be charged with costs in accordance with § 178 of the German Tax Code. (7) The seizure and confiscation can be appealed with the legal remedies available in the fine- Law on administrative offences against seizure and confiscation is permitted. The applicant shall be heard in the appeal proceedings. An immediate appeal is admissible against the decision of the local court; the Higher Regional Court decides on it. Unofficial table of contents

Section 26

(1) Power in bourgeois litigation where a claim is asserted by one of the legal relationships governed by that law, a party believable that the burden of the process costs after the full dispute , the Court of First Instance may order, on its request, that the obligation of that party to pay legal expenses shall be determined in accordance with a part of the value of the dispute which is adapted to its economic situation. The consequence of the arrangement is that the beneficiary party also has to pay the fees of its lawyer only after that part of the dispute. In so far as the costs of the lawsuit are imposed or insofar as it is assumed, it shall reimburse the court fees paid by the opponent and the fees of his attorney only after the part of the dispute. In so far as the extra-judicial costs are imposed on the opponent or taken over by him, the attorney of the beneficiary party may contribute his fees from the opponent in accordance with the dispute in force. (2) The application referred to in paragraph 1 may be before the office of the Court of First Instance, shall be declared a copy. It shall be affixed to the main proceedings before the hearing. Thereafter, it shall be admissible only if the approved or established dispute is subsequently brought up by the court. Before deciding on the application, the opponent is to be heard. Unofficial table of contents

§ 27

(1) For all actions by which a claim is made from one of the legal relationships governed by this Law (utility model disputes), the civil chambers of the regional courts are exclusively without regard to the value of the dispute (2) The State Governments shall be empowered to assign, by means of a legal regulation, the utility model disputes for the districts of several regional courts to one of them, provided that this serves the purpose of factual promotion of the procedures. The State governments can transfer these appropriations to the Land Justice Administrations. Countries may also, by agreement, transfer the courts of one country to the competent court of a country in general or in part to the competent court of another country. (3) From the costs incurred by the participation of a patent attorney in a A utility model dispute arises, the fees are to be reimbursed in accordance with § 13 of the Law Remuneration Act and, in addition, the necessary outlays of the patent attorney. Unofficial table of contents

§ 28

(1) Any person who has neither domided nor registered office in Germany may participate in proceedings before the Patent Office or the Patent Court in accordance with a procedure governed by this Act and may only assert the rights arising from a utility model if he/she is domicised in the territory of the Federal Republic of Germany. has appointed a lawyer or a patent attorney as a representative to represent in the proceedings before the Patent Office, the Patent Court and in civil litigation concerning the utility model and the position of criminal proceedings (2) a national of a Member State of the European Union, or of another State Party to the Agreement on the European Economic Area may, in order to provide a service within the meaning of the Treaty establishing the European Community, be appointed as a representative within the meaning of paragraph 1 if it: They are entitled to work under one of the provisions of the annex to § 1 of the Law on the Activities of European Lawyers in Germany of 9 March 2000 (BGBl. 182) or to § 1 of the Act on the Eligibility Test for Admission to the Patent Attorney's Office of 6 July 1990 (BGBl. (3) The place where a representative referred to in paragraph 1 has its business premises shall be deemed to be the place in which the person concerned is responsible for the purposes of Article 23 of the Code of Civil Procedure. In the absence of such a business space, the place where the representative is domicated shall be the place of residence and, in the absence of such a place of business, the place where the patent office is situated. (4) The end of the legal business the appointment of a representative referred to in paragraph 1 shall not take effect until both this termination as well as the appointment of another representative to the Patent Office or to the Patent Court is indicated. Unofficial table of contents

§ 29

The Federal Ministry of Justice regulates the establishment and business of the Patent Office by means of a decree law which does not require the consent of the Federal Council, as well as the form of the procedure in utility model matters, insofar as not by Law provisions are made on this. Unofficial table of contents

§ 30

Those who use a name or their packaging to give the impression that the goods are protected by the law in accordance with the law, or who are in public advertisements, on the basis of a description of their products, shall be subject to the following conditions: Recommendation cards or similar manifestations of a designation of such type shall be obliged to provide, upon request, to anyone who has a legitimate interest in knowing the legal situation, on which utility model is the use of the name is based. Unofficial table of contents

Section 31

Article 229 § 6 of the Introductory Act to the Civil Code shall apply in accordance with the provisions of Section 24c in the version valid until 1 January 2002 of the provisions of the Civil Code on the statute of limitations in the bis the version in force on 1 January 2002.