WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/I/DEU/D/l 
8 November 1996 
(96-4738) 
Original: Englishl 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Germany 
The present document reproduces! the Law Concerning Copyright in Industrial Designs (Designs 
Law), as notified by Germany under Article 63.2 of the Agreement (see document IP/N/lIDEU/lIRev.1). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTVELLE NOTIFIEES AV TITRE DE 
L'ARTICLE 63:2 DE L'ACCORD 
Allemagne 
Le present document contient le texte1 de la Loi concernant le droit d' auteur pour les dessins 
et modeles industriels (Loi sur les dessins et modeles), notifiee par I' Allemagne au titre de I' article 63: 2 
de I' Accord (voir le document IP/N/lIDEU/lIRev.1). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTVAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
Alemania 
En el presente documento se reproduce 1 la Ley del Derecho de Autor sobre los Dibujos y 
Modelos Industriales (Ley de Dibujos y Modelos), notificada por Alemania en virtud de 10 dispuesto 
en el parrafo 2 del articulo 63 del Acuerdo (vease el documento IP IN I liD EU I lIRev .1). 
IEnglish only/anglais seulement/ingles solamente. IP/N/I/DEU/D/l 
Page 2 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -JANUARY 1996 INDUSTRIAL PROPER TY 
LA WS AND TREATIES 
(This t(,Xl rep/aces tire one prcl'iolls/y pllhlis/iec/ IIl/der the same code III/mh('/".) 
GERMANY 
La,v Concerning Copyright in Industrial Designs 
(Designs La\v) 
(of January 11, 1876, as last amended by the Law on the Reform of the 
Professional Statute of Attorneys and Patent Attorneys of September 2, 1994, 
and the Trade Mark Reform Law of October 25, 1994)* 
Sec. l.-{ 1) The right to imitate an industrial design. 
in whole or in part. shall belong exclusively to the author 
thereof. 
(2) Only new and original products shall be regarded 
as industrial designs within the meaning of this Law. 
Sec. 2. Where industrial designs have been produced 
by draftsmen. painters. sculptors. and the like, employed 
in a domestic industrial establishment. on commission or 
for the account of the owner of the industrial establish­
ment, the latter shall be deemed the author of the indus­
trial design, where not otherwise provided by contract. 
~ 
Sec. 3. The author's rights shall pass to his heirs. 
Such rights may be assigned to other persons. with or 
without restriction. by way of contract or of testamentary 
disposition. 
Sec. 4. The free use of individual elements of a de­
sign to produce a new design shall not be deemed a copy. 
Sec. 5. Any copy of an industrial design made with­
out the consent of the entitled person (Sections I to 3) 
with the intention of distributing such design as also the 
distribution of such copy shall be prohibited. The follow­
ing shall also be considered prohibited copies: 
1. where such copy is produced by means of a process 
differing from that used for the original work or 
where the copy is intended for a different branch of 
industry than the original; 
2. where the copy is produced in spatial dimensions 
or in colors differing from the original or where it 
differs from the original solely in such modifica­
tions as can be perceived only by paying special 
attention; 
3. where the copy is not made directly from the origi­
nal work but indirectly from an imitation thereof. 
* Official title: Gesetz betreffend das Urheberrecht an 
Mustern und Modellen (Geschmacksmuslergesetz). 
Entry into force (of the latest amendment): January 1, 
1995. except Section 15(3) (see footnote 2. below). 
Note: Translation bv the International Bureau of WIPO. 
SOl/ree: Communiciltion from the German authorities. Sec. 6. The following shall not be deemed prohibited 
copies: 
1. an individual copy of a design where it has been 
produced in the private sphere without any inten­
tion of distribution and exploitation by way of 
trade: 
2. the inclusion of copies of individual designs in a 
work of writing. 
Sec. 7.-( 1) The author of a design or his successor in 
title may obtain protection against copying only if he 
files his design with the Patent Office for registration in 
the Designs Register. 
(2) Protection against copying may not be obtained 
through an application if publication of the design or dis­
tribution of a copy would be contrary to public policy or 
morality; such act shall not be deemed to be so contrary 
merely because the distribution of a copy of a design is 
prohibited by law or regulation. 
(3) Applications shall contain: 
1. a written request for registration; 
2. a photographic or other graphic representation of 
the design which clearly and fully discloses those 
features for which protection under this Law is 
sought. 
(4) Where protection under this Law is sought solely 
for the surface design of a product, the design may be 
represented by a two-dimensional sample of the product 
itself or of a part thereof in place of a photographic or 
other graphic representation. 
(5) Where protection under this Law is sought for 
both the three-dimensional design and the surface design 
of a product, the application may contain a representation 
that complies with the requirements of subsection (3), 
item 2, in respect of the three-dimensional design and the 
requirements of subsection (4) in respect of the surface 
design. 
(6) Where the applicant demonstrates, by submitting 
a photographic or other graphic representation of a de­
sign together with an embodiment of the design, that a 
photographic or other graphic representation of the de-INDUSTRIAL PROPERTY 
AND COPYRIGHT -JANUARY 1996 
sign is not capable of disclosing clearly and fully those 
features for which protection under this Law is sought. 
the Patent Office may accept the embodiment of the de­
sign as the representation in accordance \vith subsec­
tion (3). item 2. in placr: of the photographic or other 
graphic representation. In sllch case. an additional fee 
shall be paid according to the schedule of fees. 
(7) A representation may be accompanied by an ex­
planatory description. 
(8) The application may be accompanied by a list set­
ting out the classes of goods in which the design shown in 
the representation is to be classified. Where the applicant 
intends to embody the design in products belonging to 
other classes of goods. such classes shall also be stated. 
(9) A number of designs may be grouped together in a 
multiple application. A multiple application may not con­
tain more than 50 designs. They must all belong to the 
same class of goods. 
(10) The applicant may divide a multiple application. 
Each divisional application shall continue to enjoy the 
date of the original application and any priority claimed 
therefor. A complementary fee shall be paid in addition 
to the application fees already paid, corresponding to the 
difference between those fees and the sum of minimum 
fees to be paid for each divisional application in accor­
dance with the schedule of fees. 
Sec. 7a. Where the applicant or his predecessor in 
title has made a product available to the public within six 
months preceding the day which determines the priority 
of the application. that fact shall not be taken into consid­
eration when assessing novelty and originality (Section 
1(2» if the applicant files the same product without mod­
ification as a design. 
Sec. 7h.-( I) An applicant \\'ho claims. under an 
international treaty, the priority of an earlier foreign ap­
plication for the same design shall be required to state the 
date and country of the earlier application within two 
months of the date of application. Once the applicant has 
stated the date and country of the earlier application, the 
Patent Office shall invite him to state. within two months 
of service of the request. the file number of the earlier 
application and to file a copy of the earlier application, 
where not already done. The particulars may be amended 
within the time limits. 
(2) If the earlier foreign application has been filed in a 
State with which no treaty on the recognition of priority 
exists. the applicant may claim a priority right corre­
sponding to the priority right under the Paris Convention 
subject to the Federal Ministry of Justice having notified 
in the Federal Law Gazette that such other State affords a 
priority right on the basis of an initial application with 
the Patent Office whose conditions and content are com-IP/N/lIDEU/D/l 
Page 3 
INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
parable with the priority right under the Paris Conven­
tion; subsection ( I) shall be of application. 
(3) Where the statements under subsection ( I) are not 
made in good time or the copy is not filed ill good time. 
the declaration concerning the claim to priority shall be 
deemed not to have been made. The Patent Office shall 
establish this fact and shall ~efuse entry of the priority in 
the Designs Register. 
Sec. 8.-( I) The Designs Register shall be kept by 
the Patent Office. 
(2) The Patent Office shall make known the registra­
tion of an application in the Designs Register, together 
with a reproduction of the representation. and any exten­
sion of the term of validity. by publishing them once only 
in the Designs Gazette [Gescizmacksmllslerhlatl]. In the 
cases referred to in Section 7(4) to (6), the reproduction 
of the representation or of the product itself required for 
publication shall be arranged for by the Patent Office. 
Publication shall not imply a guarantee as to the com­
pleteness of the reproduction or the recognizability of the 
features protected under this Law. The costs of publica­
tion shall be charged as expenses. 
Sec. 8a.-( 1) \Vhere the applicant has stated in the 
request for registration that a design designated by him 
within a multiple application is to be treated as a basic 
design and further designs as variations thereof. the 
Patent Office shall enter such statement in the Designs 
Register and shall publish only the reproduction of the 
basic design in the publication under Section 8(2), to­
gether with a reference to registration of the statement. 
(2) An applicant who has filed a statement under sub­
section (I), or his successor in title, may not claim that a 
variation. by reason of its differing characteristics, is also 
new and original in relation to the basic design. 
(3) The protection of variations shall end with the ex­
piry of the basic design. Section 7{ 1 0) shall not apply (0 
applications in respect of which a statement has been 
filed under subsection (1). 
Sec. Bh.-(l) A request may be made in the applica­
tion that publication of a reproduction of the representa­
tion of the design be deferred by l8 months computed 
from the day following that on which the application was 
filed. Where such a request is made, publication shall be 
limited to entry of the application in the Designs Regis­
ter. The term of protection shall end with the expiry of 
the period of deferment. 
(2) Protection shall extend for the period laid down in 
Section 9( I) if the owner of the design pays the fee in 
accordance with the schedule of fees within 12 months 
following the application. Where the fee is not paid in 
due time, extension of protection shall apply when the fee 
is paid together with the additional fee according to the IP 1Nl 1 IDEU ID!l 
Page 4 
INDUSTRIAL PROP ERn' 
AND COPYRIGHT -JANUARr 1996 
schedule. On expiry of the time limit. the Patent Office 
shall advise the registered owner of the design that the 
term of protection will lapse on expiry of the period of 
deferment unless the fee. together with the additional 
fee laid down in the schedule of fees. is paid within the 
period of deferment. 
(3) Where protection is extended to the end of the 
term of protection under Section 9( I). deferred publica­
tion of a reproduction of the representation shall be ef­
fected together with a reference to publication under the 
second sentence of subsection ( I). The third and fourth 
sentences of Section o( 2) shall apply mutatis mutandis. 
Sec. 8c.-( I) An application fee in accordance with 
the schedule of fees shall be paid together with the appli­
cation. Where deferred publication of a reproduction is 
requested. the fee for such request in accordance with the 
schedule of fees shall be paid together with the applica­
tion fee. 
(2) Where the applicant omits to pay the application 
fee or the fee for the request for deferment of publication 
of a reproduction, the Patent Office shall notify him that 
the application will be deemed not to have been filed un­
less the fee is paid within one month of service of the 
noti fication. 
Sec. 9.-( I) Protection shall be for five years begin­
ning with the day following that on which the application 
was filed. 
(2) The term of protection may be extended by peri­
ods of five years or a multiple thereof up to a maximum 
of 20 years. Extension of the term of protection shall be 
entered in the Designs Register. 
(3) Extension shall be obtained by paying the fee in 
accordance with the schedule of fees prior to expiry of 
the term of protection. Where the fee is not paid in good 
time, the additional fee in accordance with the schedule 
of fees shall be payable. Two months after expiry of the 
term of protection at the earliest, the Patent Office shall 
notify the registered owner that the entry of the design in 
the Designs Register will be cancelled due to expiry of 
the term of protection unless the fee. together with the 
additional fee, is paid within four months of service of 
the notification. 
(4) The Patent Office may postpone dispatch of the 
notification at the request of the registered owner if the 
latter proves that he cannot reasonably be expected to 
make payment in view of his present circumstances. The 
Patent Office may make postponement conditional on 
payment of installments within specified time limits. 
Where an installment is not paid in due time, the Patent 
Office shall notify the registered owner that the entry in 
the Designs Register will be cancelled due to expiry of 
the term of protection unless the balance outstanding is 
paid within one month of service of the notification. INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
(5) Where no request has been made to postpone dis­
patch of the notification. it shall still be possible to defer 
payment of the fee and additional fee by proving that 
payr:~ent may not be reasonably expected. even after ser­
vice of the notification. w~ere such request is made with­
in 14 days of service and the previous omission is 
satisfactorily explained. Deferment may also be autho­
rized subject to the payment of installments. If a deferred 
sum is not paid in due time. the Patent Office shall repeat 
the notification. wherebv the whole of the balance out­
standing shall be demanded. After service of the second 
notification. no further deferment shall be possible. 
(6) A notification that has been postponed on request 
(subsection (4» or that must be repeated following defer­
ment (subsection (5» shall be dispatched not later than 
two years after the due date of the fee. Any installments 
already paid shall not be refunded if the entry in the 
Designs Register is cancelled due to failure to pay the 
balance outstanding. 
Sec. 10.-( I) Decisions of the Patent Office in pro­
ceedings under this Law shall be taken by a legal member 
within the meaning of the second sentence of Section 
26(1) of the Patent Law.' For the exclusion and challenge 
of that member of the Patent Office, Sections 41 to 4~4. 
45(2), second sentence. and 47 to 49 of the Code of Civil 
Procedure relating to exclusion and challenge of mem­
bers of a court shall apply mutatis mutandis. The decision 
on a challenge plea, where a decision is necessary, shall 
be taken by a different legal member of the Patent Office 
who has been generallv designated for decisions of such 
kind by the Pr;sident ~f the Patent Office. 
(2) The Patent Office shall determine those classes of 
goods that are to be entered and published. It shall further 
enter in the Designs Register those particulars of the ap­
plicant that are required to be registered without examin­
ing whether the applicant is entitled to file an application 
or whether the facts stated in the application are correct. 
In those cases covered by Section 7(2), the Patent Office 
shall establish the fact that protection has not been ob­
tained for the design contained in the application and 
shall refuse registration. 
(3) Where the requirements stipulated by this Law or 
by a statutory order under Section 12( 1) as regards a cor­
rect application have not been met, the Patent Office 
shall advise the applicant of the defects and invite him to 
remedy them within a period of two months after service 
of the notification. Where the defect is remedied within 
the time limit, the date of receipt of the document at the 
Patent Office shall be deemed the date of the application 
for the design. The Patent Office shall establish that date 
and advise the applicant thereof. 
I See Indllstrial Property Laws and Treaties. GERMANY -
Text 2-00 I (Editor's lIote). INDUSTRIAL PROPERTY 
AND COPYRIGHT -JANUARY 1996 
(4) Where the defects referred to in subsection (3) are 
not remedied within the time limits or where the applica­
tion fee is not paid within the time limit under Section 
8c(2), the application shall be deemed not to have been 
filed: the Patent Office shall establish this fact and refuse 
registration. 
(5) Sections 123(1) to (5),124 and 126 to 128 of the 
Patent Law shalI apply 11llltatis nll/talldis. 
Sec. 10a.-( I) Appeals from decisions of the Patent 
Office in proceedings under this Law shall lie to the Fed­
eral Patent Court. Appeals shall be heard by a Chamber 
of Appeal of the Patent Court composed of three legal 
members. A fee in accordance with the schedule of fees 
shall be paid for appeals: if the fee is not paid within the 
period allowed for lodging appeals. the appeal shall be 
deemed not to have been lodged. Sections 69, 73(2), (4) 
and (5), 74( 1), 75( 1), 76 to 80 and 86 to 99, 123( 1) to (5), 
124 and 126 to 128 of the Patent Law shall apply mutatis 
mutandis. 
(2) An appeal on a point of law from a decision of the 
Chamber of AppeaUn respect of an appeal under subsec­
tion (l) shall lie to the Federal Court of Justice if the 
Chamber of Appeal has given leave to appeal on that 
point of law. Sections 100(2) and (3),101 to 109, 123(1) 
to (5) and 124 of the Patent Law shall apply mutatis mu­
tandis. 
Sec. lOb. In proceedings under Sections 10 and lOa, 
an applicant shall. on request, subject nllltatis mlltandis 
to Sections 114 to 116 of the Code of Civil Procedure. be 
granted legal aid if there are adequate prospects of regis­
tration in the Designs Register. Payments shall be made 
to the Federal Treasury. Sections 129. second sentence, 
130(2), (3) and (6), 133 and 134. 135( 1), first sentence. 
subsection (2). first sentence. (3) and 136 to 138 of the 
Patent Law shall apply mll1atis mutandis. 
Sec. 10c.-( I) The registration of a design shall be 
cancelled 
1. on expiry of the term of protection. 
2. at the request of the registered owner, or 
3. at the request of another person who produces to­
gether with the request an official or officially cer­
tified document in which the registered owner 
renounces the design or gives his consent to can­
cellation of the entry of the design in the Designs 
Register. 
(2) Consent to cancellation can be demanded from 
the registered owner in legal proceedings where 
I. the registered design was not entitled to protection 
on the day of the application. 
2. the applicant was not entitled to file an application. 
(3) In the cases covered by subsection (2), item 2. the 
Court may, on request. grant to the plaintiff, where he is IP/N/lIDEU/D/l 
Page 5 
lNDUSTRIAL PROPERTY 
LAWS AND TREATlES 
entitled to file an application in respect of the design, the 
authorization in the event of a renewed application for 
the same design to claim the priority of the application 
filed by the rcrson not entitled. 
Sec. 11. Anyone may inspect the Designs Register. 
This shall also apply to the.representation of a design or 
to the files held by the Patent Office in respect of a design 
for which an application has been filed. 
I. where the reproduction of the representation has 
been published. 
2. where and to the extent that the registered owner 
has declared to the Patent Office his consent to in­
spection, or 
3. where and to the extent that a legitimate interest 
has been satisfactorily proved. 
Sce. ''2.-( I) The Federal Minister for Justice shall 
regulate the establishment and the business procedure of 
the Patent Office as the designs registration authority and 
shall determine by statutory order, insofar as provision 
therefor has not been made by law. the requirements for 
appJ ications for designs. the form and other requirements 
for the representation of the design, the admissible di­
mensions of the product used to represent the surface de­
sign or the product itself. the content and scope of any 
description accompanying the representation, the classi­
fication of goods. the keeping and form of the Designs 
Register, the particulars to be entered in the Designs Reg­
ister and the details of publication. including production 
by the Patent Office of the representation of the design in 
the cases covered by Section 7(4) to (6), the expenses to 
be charged to cover the cost of publication and the treat­
ment of products accompanying an application for its 
representation following cancellation of the entry in the 
Designs Register (Section J Oc). He may delegate these 
powers to the President of the Patent Office by statutory 
order. 
(2) The Federal Minister for Justice shall have power 
to prescribe by statutory order. to the extent that provi­
sion therefor has not been made by law, the collection of 
administrative fees to cover the costs incurred by use of 
the services of the Patent Office and may, in particular 
I. order that fees be charged for certificates, authenti­
cations, inspection of files and information as well 
as for expenses incurred, 
2. issue provisions on the person liable for costs, due 
date of costs. requirements on advance on costs, 
exemption from costs, statutory limitation and the 
procedure for determining costs. 
Sec. 12a.-( I) The Federal Minister for Justice shall 
have the power to entrust. by statutory order, officials of 
the hi£!her intermediate and lower intermediate grades 
with the handling of certain matters in proceedings con­
cerning the Designs Register where these matters involve 
no legal difficulties. However, this shall not apply to: IP/N/lIDEU/DIl 
Page 6 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -JANUARY 1996 
I. the establishment of facts and refusals under the 
second sentence of Sections 7b(3). second sen­
tence. and I O( 4) for reasons that have been con­
tested by the applicant: 
2. the est('.~lishment of facts and refusal of entry 
under the third sentence of Section 10(2): 
3. cancellation under Section I Oc( I ). No. 3: 
4. the decision on the classes of goods to be entered 
in the Register and to be published where they dif­
fer from those claimed by the applicant (Sec­
tion 7(8»; 
5. the remedy or submission of an appeal (fourth sen­
tence of Section I Oa( I » from a decision taken in 
the proceedings under (his La v,,· . 
(2) The Federal Minister for Justice may delegate the 
powers under subsection ( 1) to the President of the Patent 
Office by statutory order. 
(3) The second and third sentences of Section 10(1) 
shall apply mmaris mllfQlldis to the exclusion and chal­
lenge of an official of the higher intermediate or lower 
intermediate grades. 
Sec. 13. The person who has filed the design for reg­
istration in the Designs Register in accordance with Sec­
tion 7 shall be deemed to be its author unless proved 
otherwise. 
Sec. 14.-{ 1) Any person who. contrary to Section 5. 
produces a copy of a design without the consent of the 
entitled person with the intention of distributing such 
copy or any person who distributes such copy shall be 
liable to imprisonment of up to three years or to a fine. 
(2) Where the offender acts by way of trade, he shall 
be liable to imprisonment of up to five years or to a fine. 
(3) The attempt to commit such an offense shall be 
punishable. 
(4) Offenses under subsection (1) shall only be prose­
cuted on complaint unless the prosecuting authorities 
deem that ex officio prosecution is justified in view of the 
particular public interest. 
(5) The provision of the Copyright Law on confisca­
tion (Section 110) shall apply mUTatis mutandis. 
(6) In the event of conviction. the sentence shall be 
published if the injured party so requests and can show a 
legitimate interest in so doing. The nature of the publica­
tion shall be set out in the judgment. 
Sec. 14a.-( I) Any person who infringes the author's 
rights in a design by unlawfully producing a copy or dis­
tributing such copy may be sued by the injured party for 
removal of the prejudice. for injunction to desist where 
there is a risk of repetition and for damages where the 
infringer has acted intentionally or negligently. In lieu of 
damages, the injured party may require surrender of the INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
profit obtained by the infringer through the copy or its 
distribution and rendering of accounts in respect of such 
profit. Where the infringer is gUilty of slight negligence 
only, the court may award compensation. in lieu of dam­
ages. within the limits of the prejudice suffered by the 
injured party and the advantage that has accrued to the 
infringer. 
(2) Claims deriving from other statutory provisions 
shall remain unaffected. 
(3) The provisions of the Copyright Law on claim to 
destruction and similar measures (Sections 98 to (01). 
claim to information in respect of third parties (Section I 
10 I a), prescription (Section 102). publication of judg­
ment (Section (03) and measures by the customs authori­
ties (Section III a) shall apply mutatis mutandis. 
Sec. 15.-(1) For all actions whereby a claim arising 
out of one of the legal relationships regulated in this Law 
is asserted (industrial designs litigation), the first in­
stance courts [Lalldgerichte 1 shall have exclusive juris­
diction without regard to the value in dispute. 
(2) The provincial governments [Landesregierungen) 
shall have the power to allot by statutory order industrial 
designs litigation for the areas of several first instance 
courts to one such court insofar as this is procedurally 
expedient. The provincial governments may delegate 
these powers to the provincial justice administrations. 
(3) Where an appeal is lodged against a decision of 
the court in industrial designs litigation, the parties may 
also be represented before the Court of Appeal by attor­
neys-at-Iaw admitted to practice before the Provincial 
High Court that would have heard the appeal in the ab­
sence of a ruling under subsection (2)2. 
(4) Any additional costs incurred by a party due to 
representation under subsection (3) by an attorney-at-law 
not admitted to practice in the court hearing the case shall 
not be refunded. 
(5) Of the costs arising from the participation of a 
patent attorney in industrial designs litigation. fees up to 
the amount of a full fee according to Section 11 of the 
Federal Ordinance on the Fees of Attorneys-at-Law, as 
well as the necessary expenses of the patent attorney, 
shall be refunded. 
Sec. 16. A person who has neither a domicile nor an 
establishment in the Federal Republic of Germany may 
take part in proceedings under this Law before the Patent 
Office or the Patent Court and assert rights deriving from 
2 This subsection (3) will enter into force on January I, 
2000. for the following Uillder of Germany: Baden­
Wilrttemberg. Bavaria. Berlin. Bremen. Hamburg, Hessen. 
Lower Saxony. North-Rhine Westphalia. Rhineland Palatinate, 
Saarland and Schleswig-Holstein; it will enter into force on 
January I, 2005. for the other LCinder (Ediror' s note). INDUSTRIAL PROPERTY 
AND COPYRIGHT -JANUARY 1996 
a design protected according to the provisions of this 
Law only if he has appointed a patent attorney or an attor­
ney-at-Iaw in the Federal Republic of Germany as his 
representative. The latter shall be authorized to represent 
him in proceedings before the Patent Office and the 
Patent Court and in civil litigation in respect of the de­
sign; he may also file requests for the institution of crim­
inal proceedings. The place where the representative has 
his business premises shall be deemed. within the mean­
ing of Section 23 of the Code of Civil Procedure. to be 
the place where the assets are located: if there are no IP/NIlIDEU/DI 1 
Page 7 
INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
bu:-.illt!~:-. pr~mi:-.~:-.. lh~ place whl!rc lhe representative has 
his domicile shall be relevant or. in the absence thereof. 
the place where the Patent Office has its seat. 
Scc. 17.-(1) This Law' shall enter into force on 
April 1. 1876. It shall apply to all industrial designs cre­
ated after its entry into force. 
3 Obsolete provisions.