Service provided by the Federal Ministry of Justice  
and the Federal Office of Justice ‒ www.gesetze -im-internet.de  
Page 1 of 28 Übersetzung durch Ute Reusch in Zusammenarbeit mit dem Deutschen Patent - und 
Markenamt  
Translation provided by Ute Reusch in cooperation with the German Patent and Trade Mark 
Office  
Stand: Die Übersetzung berücksichtigt die Änderung(en) des Gesetzes durch Artikel 10 des 
Gesetzes vom 10. August  2021 (BGBl. I S. 3490 ) 
Version information: The translation includes the amendment(s) to the Act by Article 10 of 
the Act of 10 August  2021 (Federal Law Gazette I p. 3490 ) 
 
Zur Nutzung dieser Übersetzung lesen Sie bit te den Hinweis auf www.gesetze -im-internet.de 
unter "Translations" . 
 
For conditions governing use of this translation, please see the information provided at 
www.gesetze -im-internet.de under "Translations" . 
 
 
Act on the Legal Protection of Designs  
(Designgesetz – DesignG)  
Design Act in the version published on 24  February 2014 (Federal Law Gazette  I, p. 122), as 
last amended by Article  10 of the Act of 10 August  2021 (Federal Law Gazette  I, p. 3490 ) 
 
This Act serves to implement Directive 98/71/EC of the European Parliament and of the 
Council of 13  October 1998 on the legal protection of designs (OJ  L 289, 28.10.1998, p.  28). 
It was adopted by the Bundestag as Article  1 of the Act of 12  March 2004 (Federal Law 
Gazette  I, p. 390). Pursuant to Article  6 (1) of that Act, it enters into force on 1  June 2004. 
Pursuant to Article  6 (2), section  26, section  52 (2) and section  63 (2) enter into force with 
effect from 19  March 2004.  
Division 1  
Protection requirements  
Section 1  
Definitions  
For the purposes of this Act,  
1. ʻdesignʼ means the two -dimensional or three -dimensional appearance of the 
whole or a part of a  product resulting from the features of, in particular, the lines, 
contours, colours, shape, texture or materials of the product itself or its ornamentation;  
2. ʻproductʼ means any industrial or handicraft item, including packaging, get -up, 
graphic symbols , typographic typefaces and parts intended to be assembled into a 
complex product, but excluding computer programs;  
3. ʻcomplex productʼ means a product which is composed of multiple components 
which can be replaced permitting disassembly and reassembly of  the product;  
4. ʻnormal useʼ means use by the end user, excluding maintenance, servicing or 
repair;  
5. the right holder is deemed to be the holder of the registered design as recorded 
in the Design Register.  
Section 2  
Design protection  Service provided by the Federal Ministry of Justice  
and the Federal Office of Justice ‒ www.gesetze -im-internet.de  
Page 2 of 28 (1) A design is pro tected as a registered design if it is new and has individual character.  
(2) A design is deemed to be new if no identical design was disclosed prior to the date of 
filing of the application. Designs are deemed to be identical if their features differ only in 
immaterial details.  
(3) A design has individual character if the overall impression it produces on the informed 
user differs from the overall impression produced on such a user by any design which has 
been disclosed prior to the date of filing of the ap plication. In assessing individual character, 
the degree of freedom of the designer in developing the design is taken into consideration.  
Section 3  
Exclusion from design protection  
(1) The following are excluded from design protection:  
1. features of appea rance of products which are solely dictated by their technical 
function;  
2. features of appearance of products which must necessarily be reproduced in 
their exact form and their exact dimensions in order to permit the product in which the 
design is incorpo rated or to which it is applied to be mechanically connected to or placed 
in, around or against another product so that either product may perform its function;  
3. designs which are contrary to public policy or the accepted principles of 
morality;  
4. desig ns which constitute an improper use of any of the signs listed in Article  
6ter of the Paris Convention for the Protection of Industrial Property or of other badges, 
emblems and escutcheons of public interest.  
(2) Features of appearance within the meaning o f subsection  (1) no.  2 are not excluded from 
design protection if they serve the purpose of allowing multiple assembly or connection of 
mutually interchangeable products within a modular system.  
Section 4  
Components of complex products  
A design which is ap plied to or incorporated in a product which constitutes a component part 
of a complex product is deemed to be new and has individual character only if the 
component part, once it has been incorporated in such a complex product, remains visible 
during its n ormal use and these visible features of the component part in themselves fulfil the 
requirements as to novelty and individual character.  
Section 5  
Disclosure  
A design is disclosed if it has been published, exhibited, used in trade or has been otherwise 
made available to the public, except where these events could not reasonably have become 
known in the normal course of business to the circles specialised in the sector concerned, 
operating within the Community, before the date of filing of the application fo r the design. A 
design is not deemed to have been disclosed for the sole reason that it was made known to 
a third party under explicit or implicit conditions of confidentiality.  
Section 6  
Grace period for novelty  
A disclosure is not taken into consideratio n for the purpose of applying section  2 (2) and (3) if 
a design was made available to the public during the 12 -month period preceding the date of 
filing of the application by the designer or the designer’s successor in title or by a third party 
as a result  of information provided or action taken by the designer or the designer’s 
successor in title. The same applies if the design was disclosed as a consequence of an 
abuse in relation to the designer or the designer’s successor in title.  Service provided by the Federal Ministry of Justice  
and the Federal Office of Justice ‒ www.gesetze -im-internet.de  
Page 3 of 28 Division 2  
Entitled p ersons  
Section 7  
Right in registered design  
(1) The right in the registered design belongs to the designer or the designer’s successor in 
title. Where several persons have jointly created a design, the right in the registered design 
belongs to them jointly . 
(2) Where a design is created by an employee in the execution of his or her duties or 
following the instructions given by the employee’s employer, the right in the registered 
design belongs to the employer, unless otherwise provided by contract.  
Section 8 
Formal entitlement  
The applicant and the right holder are deemed to be entitled and obliged in proceedings in 
respect of a registered design.  
Section 9  
Claims against non -entitled persons  
(1) Where a registered design has been registered in the name of a  person who is not 
entitled under section  7, the entitled person can, notwithstanding other claims, demand 
assignment of the registered design or consent to its cancellation. If consent to cancellation 
is given, the registered design is, to this extent, de emed not to have had, as from the outset, 
protective effects. Any one of several entitled persons who is not registered as right holder 
may demand to be granted joint ownership.  
(2) The claims referred to in subsection  (1) may be asserted by bringing an ac tion only within 
an exclusion period of three years beginning from the publication of the registered design. 
This does not apply where the right holder was acting in bad faith when filing the application 
or upon the assignment of a registered design.  
(3) In the event of a complete change of ownership of the rights in accordance with 
subsection  (1) sentence  1, licences and other rights lapse upon the entering into the 
Register of the person entitled. If the previous right holder or a licensee has exploited t he 
registered design or has made effective and serious preparations to do so, he or she may 
continue such exploitation if a request is made for a non -exclusive licence from the new right 
holder within a period of one month after the latter has been entered  in the Register. The 
licence is to be granted for a reasonable period at reasonable terms. Sentences  2 and 3 do 
not apply if the right holder or the licensee was acting in bad faith when the exploitation 
began or preparations to do so were made.  
(4) The i nstitution of legal proceedings under the terms of subsection  (2), the final decision 
issued in such proceedings, any other termination of such proceedings and any change in 
the ownership of rights as a consequence of such proceedings are recorded in the R egister 
of Registered Designs (Register).  
Section 10  
Citation of designer  
The designer has the right vis -à-vis the applicant or the right holder to be cited as designer in 
proceedings before the German Patent and Trade Mark Office and in the Register. If t he 
design is the result of teamwork, each individual designer may demand their citation.  
Division 3  
Registration procedure  
Section 11  
Application  
(1) The application for registration of a design in the Register is to be filed with the German 
Patent and Tra de Mark Office. The application may also be filed through a patent information Service provided by the Federal Ministry of Justice  
and the Federal Office of Justice ‒ www.gesetze -im-internet.de  
Page 4 of 28 centre if this agency has been designated to receive design applications on the basis of a 
notice published by the Federal Ministry of Justice and Consumer Protection in the Fed eral 
Law Gazette.  
(2) The application must contain:  
1. a request for registration,  
2. information identifying the applicant and  
3. a representation of the design which is suitable for publication.  
Where a request is filed in accordance with section  21 (1) sentence  1, the representation can 
be replaced by a specimen of a two -dimensional design.  
(3) The application must contain an indication of the products in which the design is intended 
to be incorporated or to which it is intended to be applied.  
(4) The ap plication must meet the other requirements for filing provided for by statutory 
instrument in accordance with section  26. 
(5) In addition, the application may contain:  
1. a description explaining the representation,  
2. a request for deferment of publicatio n of the representation in accordance with 
section  21 (1) sentence  1, 
3. a list of the class or classes of goods in which the design is to be classified,  
4. information regarding the designer or designers,  
5. information regarding a representative.  
(6) The  information as required by subsection  (3) and subsection  (5) no.  3 has no influence 
on the scope of protection of a registered design.  
(7) The applicant may withdraw the application at any time.  
Section 12  
Multiple applications  
(1) Several designs may be combined in one application (multiple application). The multiple 
application may not comprise more than 100 designs.  
(2) The applicant may divide a multiple application by declaration to the German Patent and 
Trade Mark Office. The division does not affect  the date of filing of the application. If the sum 
total of the fees which would have to be paid for each divisional application in accordance 
with the Patent Costs Act ( Patentkostengesetz ) is higher than the application fees which 
have been paid, then the  differential amount is to be subsequently paid.  
Section 13  
Date of filing  
(1) The date of filing of the application for a design is the date on which the documents 
containing the information specified in section  11 (2) are received  
1. by the German Paten t and Trade Mark Office  
2. or by a patent information centre if this agency has been so designated by 
notice published by the Federal Ministry of Justice and Consumer Protection in the 
Federal Law Gazette.  
(2) If a priority referred to in section  14 or sec tion 15 is effectively claimed, then upon 
application of sections  2 to 6, section  12 (2) sentence  2, section  21 (1) sentence  1, section  
33 (2) no.  2 and section  41 the date of priority takes the place of the date of filing.  
Section 14  
Foreign priority  Service provided by the Federal Ministry of Justice  
and the Federal Office of Justice ‒ www.gesetze -im-internet.de  
Page 5 of 28 (1) Any person who in accordance with an international treaty claims the priority of an earlier 
foreign application in respect of the same design is required to indicate the date, country and 
file number of the earlier application before the expiry of a period  of 16  months from the date 
of priority and to submit a copy of the earlier application. The particulars may be changed 
within that period.  
(2) If the earlier application was filed in a state with which no international treaty on the 
recognition of priorit y has been concluded, the applicant may claim a right of priority which 
corresponds to the right of priority under the Paris Convention for the Protection of Industrial 
Property, insofar as, in accordance with a notice published by the Federal Ministry of Justice 
and Consumer Protection in the Federal Law Gazette, the other state grants a right of priority 
on the basis of a first application filed with the German Patent and Trade Mark Office which 
is equivalent as regards the conditions and content to the r ight of priority under the Paris 
Convention for the Protection of Industrial Property; subsection  (1) applies.  
(3) If the particulars specified in subsection  (1) are furnished in due time and if the copy is 
submitted in due time, the German Patent and Trad e Mark Office records the priority in the 
Register. If the applicant has not claimed a priority until after publication of the registration of 
a design or has made changes to the particulars, the publication is thus done subsequently. 
If the particulars sp ecified in subsection  (1) are not furnished in due time or if the copy is not 
submitted in due time, the declaration concerning the claiming of priority is deemed not to 
have been made. This is determined by the German Patent and Trade Mark Office.  
Section  15 
Exhibition priority  
(1) If the applicant has displayed a design  
1. at an official or officially recognised international exhibition falling within the 
terms of the Convention Relating to International Exhibitions signed in Paris on 22  
November 1928 or  
2. at another domestic or foreign exhibition,  
then, if the application is filed within a period of six months following the first display, the 
applicant may claim a right of priority from that date.  
(2) Notice of the exhibitions referred to in subsection  (1) no.  1 is published by the Federal 
Ministry of Justice and Consumer Protection in the Federal Gazette.  
(3) The exhibitions within the meaning of subsection  (1) no.  2 are determined in each 
individual case by the Federal Ministry of Justice and Consumer Protection and notice 
thereof is published in the Federal Gazette.  
(4) Any person who claims a priority as per subsection  (1) is required to indicate, before the 
expiry of a period of 16  months following the date on which the design was first displayed, 
that date and the exhibition and to submit proof of that display. Section  14 (3) applies 
accordingly.  
(5) The exhibition priority under subsection  (1) does not extend the periods of priority 
specified in section  14 (1). 
Section 16  
Examination of application  
(1) The German Patent and Trade Mark Office examines whether  
1. the application fees specified in section  5 (1) sentence  1 of the Patent Costs Act 
have been paid and  
2. the conditions for recognition of the date of filing of the application under section  
11 (2) are met and  
3. the application meets the other requirements for filing.  Service provided by the Federal Ministry of Justice  
and the Federal Office of Justice ‒ www.gesetze -im-internet.de  
Page 6 of 28 (2) If, in the case of insufficient fees having been paid, the application fees for a multiple 
application are not subsequently paid in sufficient amount within a period prescrib ed by the 
German Patent and Trade Mark Office or if the applicant does not determine which designs 
are to be covered by the fee amount paid, the German Patent and Trade Mark Office 
determines which designs will be taken into consideration. In other respect s, the application 
is deemed to be withdrawn. This is determined by the German Patent and Trade Mark 
Office.  
(3) In the case of deficiencies as referred to in subsection  (1) nos.  2 and 3, the German 
Patent and Trade Mark Office requests the applicant to re medy the deficiencies noted within 
a prescribed period. If the applicant complies with the German Patent and Trade Mark 
Office’s request, then, in the case of deficiencies as specified in subsection  (1) no.  2, the 
German Patent and Trade Mark Office accord s, as the date of filing in accordance with 
section  13 (1), the date on which the deficiencies noted were remedied. If the deficiencies 
are not remedied in due time, the German Patent and Trade Mark Office decides to refuse 
the application.  
Section 17  
Further processing of application  
(1) If the design application has been refused upon failure to comply with a time limit set by 
the German Patent and Trade Mark Office, the decision on the refusal of the application 
becomes ineffective, without the need for i ts express setting aside, if the applicant requests 
further processing of the application and completes the omitted act.  
(2) The request for further processing is to be filed within a period of one month following 
service of the decision on the refusal of the design application. The omitted act is to be 
completed within this period.  
(3) Re -establishment of rights is ruled out in respect of non -observance of the period referred 
to in subsection  (2) and the period for payment of the fee for further processing  specified in 
section  6 (1) sentence  1 of the Patent Costs Act.  
(4) The unit competent to decide on the omitted act decides on the request.  
Section 18  
Grounds for non -registrability  
If the subject matter of the application is not a design within the meanin g of section  1 no.  1 or 
if a design is excluded from design protection in accordance with section  3 (1) no.  3 or no.  4, 
the German Patent and Trade Mark Office refuses the application.  
Section 19  
Keeping of Register, registration and design information  
(1) The Register for Registered Designs is kept by the German Patent and Trade Mark 
Office.  
(2) The German Patent and Trade Mark Office records the applicant’s particulars requiring 
registration in the Register without examining that applicant’s entitlement t o file the 
application and the correctness of the particulars furnished in the application, and it 
determines which classes of goods are to be recorded.  
(3) The German Patent and Trade Mark Office may transmit the particulars entered in the 
Register to thi rd persons in electronic form for further processing or use for the purposes of 
providing design information. Such transmission is not made where inspection is ruled out 
under section  22 (3). 
Section 20  
Publication  
(1) Registration in the Register is publi shed by the German Patent and Trade Mark Office 
together with a representation of the registered design. The publication is done without 
guarantee for the completeness of the representation and the recognisability of the features 
of appearance of the desig n. Service provided by the Federal Ministry of Justice  
and the Federal Office of Justice ‒ www.gesetze -im-internet.de  
Page 7 of 28 (2) Publication may be made in electronic form.  
Section 21  
Deferment of publication  
(1) When filing the application, the deferment of publication of the representation may be 
requested for a period of 30  months following the date of filing of the applic ation. Upon such 
request, the publication is confined to the registration of the design in the Register.  
(2) The protection may be extended to the term of protection referred to in section  27 (2) if 
the right holder pays the extension fee in accordance wit h section  5 (1) sentence  1 of the 
Patent Costs Act within the deferment period. Where use has been made of the possibility 
referred to in section  11 (2) sentence  2, a representation of the design is also to be 
submitted within the deferment period.  
(3) Pub lication together with the representation as referred to in section  20 is to be 
subsequently done together with a reference to the publication as referred to in subsection  
(1) sentence  2 upon the expiry of the deferment period or, upon request, at an earli er date.  
(4) The term of protection ends upon expiry of the deferment period, unless protection is 
extended in accordance with subsection  (2). In the case of registered designs which were 
registered on the basis of a multiple application, the subsequent pu blication may be 
restricted to individual registered designs.  
Section 22  
Inspection of Register  
(1) Any person is free to inspect the Register. The right to inspect the representation of a 
registered design and the files kept by the German Patent and Trade  Mark Office in respect 
of the registered design exists if  
1. the representation has been published,  
2. the applicant or right holder has consented thereto or  
3. a legitimate interest is substantiated.  
(2) Inspection of the files in accordance with subsect ion (1) sentence  2 may also be granted 
via the internet if the files are kept electronically.  
(3) Inspection of the files in accordance with subsections  (1) and (2) is ruled out to the extent 
that  
1. it is precluded by legal provision,  
2. an interest meri ting protection of the data subject within the meaning of Article  4 
no. 1 of Regulation (EU) 679/2016 of the European Parliament and of the Council of 27  
April 2016 on the protection of natural persons with regard to the processing of personal 
data and on the free movement of such data, and repealing Directive 95/46/EC (General 
Data Protection Regulation) (OJ  L 119, 4.5.2016, p.  1; L 314, 22.11.2016, p.  72; L  127, 
23.5.2018, p.  2), as amended, obviously prevails, or  
3. it relates to content in the files whi ch is obviously contrary to public order or 
good morals.  
Section  22a 
Data protection  
Insofar as the Register or publicly available electronic information services of the German 
Patent and Trade Mark Office contain personal data, the following does not appl y:  
1. the right of access pursuant to Article  15 (1) (c) of Regulation (EU) 2016/679,  
2. the notification obligation pursuant to Article  19 sentence  2 of Regulation (EU) 
2016/679, and  Service provided by the Federal Ministry of Justice  
and the Federal Office of Justice ‒ www.gesetze -im-internet.de  
Page 8 of 28 3. the right to object pursuant to Article  21 (1) of Regulation (EU) 20 16/679.  
The right to obtain a copy pursuant to Article  15 (3) of Regulation (EU) 2016/679 is deemed 
to be satisfied where the data subject has been granted inspection of the Register or publicly 
available information services of the German Patent and Trade  Mark Office.  
Section 23  
Procedural provisions, appeal and appeal on points of law  
(1) One or several Design Units and Design Divisions are to be established at the German 
Patent and Trade Mark Office to conduct proceedings in design matters. The Design Un its 
are competent for decisions in proceedings under this Act, with the exception of invalidity 
proceedings in accordance with section  34a, and are to be staffed with a legally qualified 
member within the meaning of section  26 (2) sentence  2 of the Patent Act (Patentgesetz ). 
Section  47 of the Patent Act applies accordingly.  
(2) Decisions in invalidity proceedings in accordance with section  34a are taken by one of 
the Design Divisions in the German Patent and Trade Mark Office, each of which is to be 
staffed  with three legally qualified members within the meaning of section  26 (2) sentence  2 
of the Patent Act. If the case raises questions of a particularly technical nature, a technically 
qualified member within the meaning of section  26 (2) sentence  2 of the Patent Act is, as a 
rule, to be consulted. The chair of the competent Design Division takes the decision to 
consult a technically qualified member, which decision is not independently appealable.  
(3) Sections  41 to 44, section  45 (2) sentence  2 and section s 47 to 49 of the Code of Civil 
Procedure ( Zivilprozessordnung ) on the exclusion of and objection to court personnel apply 
accordingly to the exclusion of and objection to members of the Design Units and Design 
Divisions. If a decision is required, such de cision on an objection request is taken by another 
legally qualified member of the German Patent and Trade Mark Office whom the President of 
the German Patent and Trade Mark Office has generally appointed to take decisions of this 
nature. Section  123 (1) to (5) and (7) and sections  124, 126 to 128a of the Patent Act apply 
accordingly.  
(4) The decisions of the German Patent and Trade Mark Office in proceedings under this Act 
may be appealed to the Federal Patent Court. A Board of Appeal at the Federal Paten t Court 
sitting in a composition of three legally qualified members takes the decision on the appeal. 
Subsection  (2) sentence  2 and 3 applies, with the proviso that the Board of Appeal sitting in 
a composition of three legally qualified members takes a dec ision by non -appealable order 
as regards enlarging the panel; section  100 (3) no.  1 of the Patent Act does not apply to the 
enlargement or non -enlargement of the panel. Sections  69, 70  (2), 73  (2) to (4), section  74 
(1), section  75 (1), sections  76 to 80 a nd sections  86 to 99, section  123 (1) to (5) and (7), 
and sections  124, 126 to 128b of the Patent Act apply accordingly. Section  84 (2) sentence  2 
and 3 of the Patent Act applies accordingly in appeal proceedings against decisions issued 
in invalidity proc eedings in accordance with section  34a. 
(5) An appeal on points of law from the orders of the Boards of Appeal ruling on an appeal 
under subsection  (2) may be filed with the Federal Court of Justice if the Board of Appeal 
has allowed the appeal on points o f law. Section  100 (2) and (3), sections  101 to 109, 
section  123 (1) to (5) and (7), and sections  124 and 128b of the Patent Act apply 
accordingly.  
Section 24  
Legal aid  
Applying sections  114 to 116 of the Code of Civil Procedure accordingly, the applicant 
receives legal aid in proceedings in accordance with section  23 (1) upon request if there is 
sufficient prospect of the design being registered in the Register. Applying section  132 (2) of 
the Patent Act accordingly, a party to the proceedings in accordanc e with section  34a is to 
be granted legal aid upon request. Upon the request of the right holder, legal aid may also 
be granted for the costs of extending protection in accordance with section  21 (2) sentence  1 Service provided by the Federal Ministry of Justice  
and the Federal Office of Justice ‒ www.gesetze -im-internet.de  
Page 9 of 28 and for the renewal fees in accordance with s ection  28 (1) sentence  1. Section  130 (2) and 
(3) as well as sections  133 to 138 of the Patent Act apply accordingly.  
Section 25  
Electronic conduct of proceedings, authorisation to issue statutory instruments  
(1) Insofar as the written form is required in proceedings before the German Patent and 
Trade Mark Office in respect of applications, requests and other acts, the provisions of 
section  130a  (1) and (2) sentence  1, (5) and (6) of the Code of Civil Procedure applies 
accordingly.  
(2) The case files of the  Federal Patent Court and of the Federal Court of Justice may be 
kept in electronic form. The provisions of the Code of Civil Procedure in respect of electronic 
documents, the electronic file and the electronic conduct of proceedings apply accordingly in 
other respects, unless otherwise provided under this Act.  
(3) The Federal Ministry of Justice and Consumer Protection determines, by statutory 
instrument not requiring the approval of the Bundesrat,  
1. the date from when electronic documents may be submitte d to the German 
Patent and Trade Mark Office and to the courts, the appropriate form for processing the 
documents, whether an electronic signature is to be used and the form of such signature;  
2. the date from when the case files may be kept in electronic form in accordance 
with subsection  (2) as well as the applicable general organisational and technical 
conditions for the creation, keeping and storage of the electronic case files.  
Section 26  
Authorisation to issue statutory instruments  
(1) The Federal Min istry of Justice and Consumer Protection regulates the following by 
statutory instrument not requiring the approval of the Bundesrat:  
1. the establishment and course of business of the German Patent and Trade 
Mark Office as well as the form of the proceedi ngs in design matters, unless provision 
has been made by law in respect thereof,  
2. the form and the other requirements of the application and of the representation 
of the design,  
3. the permissible dimensions of a specimen of the design attached to the 
application in accordance with section  11 (2) sentence  2, 
4. the content and scope of a description explaining the representation which is 
attached to the application,  
5. the classification of the classes of goods,  
6. the keeping and structure of the Registe r, including the facts to be recorded in 
the Register and the details regarding publication,  
7. the treatment to be given to products included with the application for the 
purposes of the representation of the registered design following cancellation of th e 
registration in the Register,  
8. the procedure before the German Patent and Trade Mark Office for the 
protection of designs under the Hague Agreement,  
9. the procedure before the German Patent and Trade Mark Office on the 
determination or declaration of invalidity of a registered design as per section  34a, and  
10. the taking into account of public holidays in relation to time limits and deadlines 
for all the offices of the German Patent and Trade Mark Office.  Service provided by the Federal Ministry of Justice  
and the Federal Office of Justice ‒ www.gesetze -im-internet.de  
Page 10 of 28 (2) The Federal Ministry of Justice and Consum er Protection is authorised, by statutory 
instrument not requiring the approval of the Bundesrat, to entrust civil servants of the upper 
and intermediate grades as well as comparable employees with the conduct of business in 
proceedings in matters concerni ng the Register which, by their nature, do not raise any 
particular legal difficulties. The following, however, are excluded:  
1. the refusal in accordance with section  18 and the refusal of effects of an 
international registration in accordance with sectio n 69, 
2. the decisions in invalidity proceedings in accordance with section  34a and  
3. the rectification of the decision or forwarding of an appeal (section  23 (4) 
sentence  4) against a decision in proceedings under this Act.  
(3) Section  23 (3) sentence  1 and 2 applies accordingly to the exclusion of and objection to a 
person entrusted in accordance with subsection  (2) sentence  1. 
(4) The Federal Ministry of Justice and Consumer Protection may transfer the authorisations 
referred to in subsections  (1) and ( 2) by statutory instrument not requiring the approval of the 
Bundesrat, in full or in part, to the German Patent and Trade Mark Office.  
Division 4  
Accrual and term of protection  
Section 27  
Accrual and term of protection  
(1) Protection accrues upon registra tion in the Register.  
(2) The term of protection of a registered design is 25  years, calculated from the date of filing 
of the application.  
Section 28  
Renewal  
(1) Renewal of protection is effected by payment of a renewal fee for the 6th to 10th, 11th to 
15th, 16th to 20th and the 21st to 25th year of the term of protection in each case. It is 
recorded in the Register and published.  
(2) If, in the case of registered designs which were registered on the basis of a multiple 
application, the renewal fee is paid  for only a part of the registered designs without furnishing 
further details, these are taken into consideration in the order of the application.  
(3) If protection is not renewed, the term of protection ends.  
Division 5  
Registered designs as objects of pr operty  
Section 29  
Succession in title  
(1) The right in a registered design may be assigned or transferred to other persons.  
(2) If the registered design belongs to an enterprise or a part of an enterprise, then in cases 
of doubt the registered design is co vered by the assignment or the transfer of the enterprise 
or the part of the enterprise to which the registered design belongs.  
(3) Upon the request of the right holder or of the successor in title, the transfer of the right in 
the registered design is rec orded in the Register if proof thereof is furnished to the German 
Patent and Trade Mark Office.  
Section 30  
Rights in rem, levy of execution, insolvency proceedings  
(1) The right in a registered design may  
1. be the subject of rights in rem, in particular m ay be given as security, or  
2. be levied in execution.  Service provided by the Federal Ministry of Justice  
and the Federal Office of Justice ‒ www.gesetze -im-internet.de  
Page 11 of 28 (2) The rights referred to in subsection  (1) no.  1 or the levy of execution referred to in 
subsection  (1) no.  2 is recorded in the Register upon the request of a creditor or of another 
entitled person if proof thereof is furnished to the German Patent and Trade Mark Office.  
(3) If the right in a registered design is involved in insolvency proceedings, this is recorded in 
the Register upon application of the insolvency administrator or request of the ins olvency 
court. In the case of joint ownership of a registered design, sentence  1 applies accordingly to 
the share of the joint owner. In the case of debtor -in-possession management (section  270 
of the Insolvency Code ( Insolvenzordnung )), the insolvency mon itor takes the place of the 
insolvency administrator.  
Section 31  
Licensing  
(1) The right holder may grant licences for the whole or part of the territory of the Federal 
Republic of Germany. A licence may be exclusive or non -exclusive.  
(2) The right holder may invoke the rights conferred by the registered design against a 
licensee who contravenes any provision of the licensing contract with regard to  
1. the duration of the licence,  
2. the form in which the registered design may be used,  
3. the range of produ cts for which the licence is granted,  
4. the region for which the licence is granted or  
5. the quality of products manufactured by the licensee.  
(3) Notwithstanding the provisions of the licensing contract, the licensee may institute 
proceedings for infrin gement of a registered design only if the right holder consents thereto. 
This does not apply to the holder of an exclusive licence if the right holder, after having been 
invited to do so, does not institute infringement proceedings within an appropriate pe riod. 
(4) Licensees may, for the purpose of claiming compensation for damage they have 
suffered, intervene in an infringement action brought by the right holder as a joined party.  
(5) The succession in title as defined in section  29 or the granting of a li cence within the 
meaning of subsection  (1) does not affect licences previously granted to third parties.  
Section 32  
Design application  
The provisions of this Part apply accordingly in respect of those rights which are established 
by means of filing an appl ication for designs.  
Division 6  
Invalidity and cancellation  
Section 33  
Invalidity  
(1) A registered design is invalid if  
1. the appearance of the product does not constitute a design within the meaning 
of section  1 no.  1, 
2. the design is not new or does no t have individual character,  
3. the design is excluded from design protection under section  3. 
(2) A registered design is declared invalid if  
1. it constitutes unauthorised use of a work which is protected by copyright,  Service provided by the Federal Ministry of Justice  
and the Federal Office of Justice ‒ www.gesetze -im-internet.de  
Page 12 of 28 2. it falls within the scope of prot ection of a registered design with an earlier filing 
or priority date, even if this registered design was not disclosed until after the date of filing 
of the registered design which is to be declared invalid,  
3. a distinctive sign with an earlier filing or  priority date is used in it and the holder 
of the sign is entitled to prohibit the use.  
(3) Invalidity is determined or declared by decision of the German Patent and Trade Mark 
Office or by judgment on the basis of a counterclaim in infringement proceedin gs. 
(4) The registration of a design is deemed not to have had any protective effects as from the 
outset when the decision by the German Patent and Trade Mark Office determining  that the 
design is invalid has become non -appealable or the judgment declaring  the design invalid 
has become final and binding.  
(5) Invalidity may also be determined or declared after the term of protection of the 
registered design has ended or the registered design has been surrendered.  
(6) In the case of invalidity pursuant to sub sections  (1) and (2), the holder of the registered 
design may consent to cancellation by making a declaration to the German Patent and Trade 
Mark Office. The registration of a design which is to be cancelled is deemed not to have had 
any protective effects  as from the outset.  
Section 34  
Entitlement to institute invalidity proceedings  
Any person is entitled to file an application for the determination of invalidity in accordance 
with section  33 (1). Only the holder of the right concerned is entitled to file an application for 
the declaration of invalidity in accordance with section  33 (2). The ground of invalidity 
provided for in section  33 (1) no.  3 in conjunction with section  3 (1) no.  4 may be invoked 
solely by the person concerned by the use; ex officio a ssertion by the competent public 
authority remains unaffected.  
Section 34a  
Invalidity proceedings before German Patent and Trade Mark Office  
(1) The application is to be filed in writing with the German Patent and Trade Mark Office. 
The facts and evidence in support of the grounds are to be indicated. Section  81 (6) and 
section  125 of the Patent Act apply accordingly. The application is not admissible if a non -
appealable decision or a final and binding judgment has been taken on the same matter in 
dispute b etween the parties.  
(2) The German Patent and Trade Mark Office serves the application on the holder of the 
registered design and invites the holder to comment on the application within a period of one 
month following service of the application. If the ri ght holder does not contest the application 
within this period, the invalidity is determined or declared. If the parties declare the 
proceedings in the main action terminated or the applicant withdraws the application, the 
proceedings are terminated by dec ision; the decision, with the exception of the decision on 
the costs of the proceedings as referred to in subsection  (5), is non -appealable.  
(3) If the application is contested in due time, the German Patent and Trade Mark Office 
informs the applicant that  the application has been contested and makes the orders 
necessary in preparation of the decision. A hearing is held upon request of one of the parties 
or if the German Patent and Trade Mark Office deems it to be expedient. For the purposes of 
taking evide nce, the examination of witnesses and experts as well as the examination or 
hearing of parties may be ordered, visual inspection may be made or the probative value of a 
submitted document assessed; the provisions of Book 2 of the Code of Civil Procedure 
regarding such evidence apply accordingly. Section  128a of the Code of Civil Procedure 
applies accordingly . Minutes are to be drawn up of t he hearings and taking of evidence 
containing the essential course of the proceedings and the relevant statements made by the 
parties; sections  160a, 162 and 163 of the Code of Civil Procedure apply accordingly.  
(4) The decision is issued by way of an order. The substance of the decision may be 
delivered at the end of the hearing. The decision must be reasoned and a copy served on Service provided by the Federal Ministry of Justice  
and the Federal Office of Justice ‒ www.gesetze -im-internet.de  
Page 13 of 28 the parties ex officio; the copy need not be certified. Execution copies are only made upon 
the application of one of the parties and only in paper form. Section  47 (2) of the Patent Act 
applies accordingly.  
(5) The decision includes a decision o n the costs of the proceedings; section  62 (2) and 
section  84 (2) sentence  2 of the Patent Act apply accordingly. In the cases referred to in 
subsection  (2) sentence  2 and 3, the German Patent and Trade Mark Office decides on the 
costs of the proceedings u pon application only; the decision on the costs may be issued by 
separate decision. Such application may be made as follows:  
1. in the case referred to in subsection  (2) sentence  2, up until the expiry of one 
month after the decision on the determination or declaration of invalidity has become non -
appealable,  
2. in the case referred to in subsection  (2) sentence  3, up until the expiry of one 
month following service of the decision to terminate the proceedings.  
If no decision is taken as to costs, each of t he parties bears their own costs arising.  
(6) A determination as to the value in dispute is made by decision upon application. Where a 
decision is given on the costs, a decision on the value in dispute may be given ex officio. The 
decision on the value in dispute may be combined with the decision on the costs. Section  23 
(3) sentence  2 and section  33 (1) of the Lawyer’s Remuneration Act 
(Rechtsanwaltsvergütungsgesetz ) apply accordingly  to the determination as to the value in 
dispute . 
Section 34b  
Suspension  
If, during invalidity proceedings, an action is or becomes pending whose decision is 
dependent on the legal validity of the registered design, the court may order the suspension 
of the action. Suspension is to be ordered if the court regards the registered  design to be 
invalid. If the decision to reject the application for determination or declaration of invalidity 
has become non -appealable, the court is bound by this decision only if it has been issued 
between the same parties. Section  52b (3) sentence  3 applies accordingly.  
Section 34c  
Intervention in invalidity proceedings  
(1) A third party may intervene in invalidity proceedings if a non -appealable decision has not 
yet been taken in respect of the application for the determination or declaration of inval idity 
and if that third party can substantiate that  
1. proceedings for infringement of the same registered design are pending against 
them or  
2. they have been requested to cease and desist from an alleged infringement of 
the same registered design.  
The in tervention may be declared within three months from institution of the proceedings 
referred to in sentence  1 no.  1 or from receipt of the cease and desist request referred to in 
sentence  1 no.  2. 
(2) Intervention is effected by filing of a request; section s 34 and 34a apply accordingly. If the 
intervention occurs in the appeal proceedings before the Federal Patent Court, the 
intervening party is given the status of an appellant.  
Section 35  
Partial maintenance  
(1) A registered design may be maintained in ame nded form  
1. by means of the determination of partial invalidity or declaration of partial 
disclaimer by the right holder if the invalidity is to be determined in accordance with Service provided by the Federal Ministry of Justice  
and the Federal Office of Justice ‒ www.gesetze -im-internet.de  
Page 14 of 28 section  33 (1) due to lack of novelty or individual character (section  2 (2) or (3)) or due to 
exclusion from design protection (section  3) or 
2. by means of the declaration of partial invalidity as well as consent to the partial 
cancellation or declaration of a partial disclaimer if the declaration of invalidity can be 
demanded in  accordance with section  33 (2) no.  1 or no.  3, 
insofar as the requirements for protection are met and the registered design retains its 
identity.  
(2) A representation of the design in amended form within the meaning of section  11 (2) 
sentence  1 no.  3 is t o be submitted to the German Patent and Trade Mark Office.  
Section 36  
Cancellation  
(1) A registered design is cancelled  
1. upon the expiry of the term of protection;  
2. in the case of surrender upon the request of the right holder if the consent of 
other holders of rights in the registered design who have been recorded in the Register 
and of the claimant in the case of proceedings in accordance with section  9 is submitted;  
3. upon the request of a third party if a public or publicly certified document with  
such declarations as are referred to in no.  2 is submitted with the request;  
4. in the case of consent to cancellation in accordance with section  9 or section  33 
(6) sentence  1; 
5. on the basis of a non -appealable decision or final and binding judgment in  
respect of the determination or declaration of invalidity.  
The German Patent and Trade Mark Office may reject the cancellation by decision.  
(2) If the right holder only partially disclaims the registered design in accordance with 
subsection  (1) nos.  2 and  3, if the right holder declares his or her consent to cancellation of 
part of the registered design in accordance with subsection  (1) no.  4 or if partial invalidity is 
determined in accordance with subsection  (1) no.  5, then instead of cancellation of the  
registered design a corresponding entry is made in the Register.  
Division 7  
Protective effects and limitation of protection  
Section 37  
Object of protection  
(1) Protection is conferred on those features of appearance of a registered design which are 
shown visibly in the application.  
(2) If, for the purposes of deferring publication, an application contains a specimen of a two -
dimensional design as referred to in section  11 (2) sentence  2, then in the case of proper 
extension upon the expiry of the deferment  under section  21 (2) the object of protection is 
determined in accordance with the submitted representation of the registered design.  
Section 38  
Rights conferred by registered design and scope of protection  
(1) The registration of a design confers on its holder the exclusive right to use it and to 
prevent any third party not having consent from using it. Such use covers, in particular, the 
making, offering, putting on the market, importing, exporting, using of a product in which the 
registered design is in corporated or to which it is applied, or stocking such a product for 
those purposes.  
(2) The protection conferred by a registered design includes any design which does not 
produce on the informed user a different overall impression. In assessing the scope of Service provided by the Federal Ministry of Justice  
and the Federal Office of Justice ‒ www.gesetze -im-internet.de  
Page 15 of 28 protection, the degree of freedom of the designer in developing the design is taken into 
consideration.  
(3) During the period of deferment of publication (section  21 (1) sentence  1) the protection 
referred to in subsections  (1) and (2) presupposes that the design results from copying the 
registered design.  
Section 39  
Presumption of legal validity  
It is presumed, in the right holder’s favour, that the requirements set for the legal validity of a 
registered design are met.  
Section 40  
Limitation of rights c onferred by registered design  
The rights conferred by a registered design cannot be exercised in respect of  
1. acts done privately and for non -commercial purposes;  
2. acts done for experimental purposes;  
3. acts of reproduction for the purposes of making citations or of teaching, 
provided that such acts of reproduction are compatible with fair trade practice and do not 
unduly prejudice the normal exploitation of the registered design, and that mention is 
made of the source;  
4. the equipment on ships and ai rcraft which are registered in another country and 
enter Germany only temporarily;  
5. the import of spare parts and accessories for the purpose of repairing and the 
execution of repairs on ships and aircraft within the meaning of no.  4. 
Section  40a 
Repairs  clause  
(1) Protection as a design does not exist for a design incorporated in or applied to a product 
which constitutes a component part of a complex product used for the sole purpose of 
enabling the repair of that complex product so as to restore its ori ginal appearance. This 
does not apply if the main purpose for which the aforementioned component is put on the 
market is other than the repair of the complex product.  
(2) Subsection  (1) only applies if consumers are duly informed, by means of an identifica tion 
mark or in other appropriate form, about the origin of the product used for repair purposes so 
that they are able, with full knowledge of the facts, to make an informed choice between 
competing products.  
Section 41  
Right of prior use  
(1) Rights provid ed for in section  38 cannot be exercised against a third party who, before 
the date of filing, has in good faith commenced use in Germany, or has made effective and 
serious preparations to that end, of an identical design which was developed independently 
of a registered design. The third party is entitled to use the design. The issuing of licences 
(section  31) is ruled out.  
(2) The rights of the third party are not transferrable, except where the third party operates 
an enterprise and the transfer occurs a long with that part of the enterprise in the course of 
which the act of use was done or the preparations were made.  
Division 8  
Legal infringements  
Section 42  
Removal, cessation and desistance, and damages  Service provided by the Federal Ministry of Justice  
and the Federal Office of Justice ‒ www.gesetze -im-internet.de  
Page 16 of 28 (1) Any person who uses a registered design contrar y to section  38 (1) sentence  1 (infringer) 
can be sued by the right holder or another entitled person (aggrieved party) for removal of 
the impairment and, in the event of the risk of recurrent infringement, for cessation and 
desistance. This right to cessa tion and desistance may also be exercised in the event of the 
risk of a first -time infringement.  
(2) If the infringer acts intentionally or negligently, he or she is obliged to compensate the 
aggrieved party for the damage caused. In assessing the compensa tion, consideration may 
also be given to the profit which the infringer has obtained by infringing the right. The claim 
for damages may also be calculated on the basis of the amount which the infringer would 
have been required to pay as equitable remunerat ion if the infringer had obtained permission 
to use the registered design.  
Section 43  
Destruction, recall and release  
(1) The aggrieved party may sue the infringer for destruction of the products held or owned 
by the infringer which were illegally manufact ured, distributed or destined for unlawful 
distribution. Sentence  1 applies accordingly in the case of equipment owned by the infringer 
which primarily served to manufacture these products.  
(2) The aggrieved party may sue the infringer for the recall of pr oducts which were unlawfully 
manufactured, distributed or destined for illegal distribution or for their final removal from the 
channels of commerce.  
(3) As an alternative to the measures provided for under subsection  (1), the aggrieved party 
can demand th at the infringer release the products in his or her possession to the aggrieved 
party against equitable remuneration which may not exceed the manufacturing costs.  
(4) The claims under subsections  (1) to (3) are ruled out if the measure is disproportionate in 
an individual case. When examining proportionality, consideration is also to be given to the 
legitimate interests of third parties.  
(5) Essential elements of buildings as defined in section  93 of the Civil Code ( Bürgerliches 
Gesetzbuch ) as well as remov able parts of products and equipment whose production and 
distribution is not unlawful are not subject to the measures provided for under subsections  
(1) to (3).  
Section 44  
Liability of owner of enterprise  
If a registered design has been unlawfully infring ed in an enterprise by an employee or 
representative, the aggrieved party also has the rights provided for in sections  42 and 43 
against the owner of the enterprise, with the exception of the right to claim damages.  
Section 45  
Compensation  
If the infringer  acts neither intentionally nor negligently, then, in order to avert the claims 
under sections  42 and 43, the infringer may compensate the aggrieved party in money if 
fulfilling the claims would cause disproportionate damage to him or her and the aggrieved  
party can be reasonably expected to accept the pecuniary compensation. The amount to be 
paid in compensation is the amount which would have constituted equitable remuneration 
had the right been granted. Upon payment of the compensation the aggrieved party ’s 
consent is deemed to have been given to exploitation to the usual extent.  
Section 46  
Information  
(1) The aggrieved party may sue the infringer for provision of information, without delay, 
regarding the origin and the channels of commerce of the infringi ng products.  
(2) In cases of an obvious legal infringement or in cases where the aggrieved party has 
brought an action against the infringer, the claim may also be asserted, without prejudice to 
subsection  (1), against a person who, on a commercial scale,  Service provided by the Federal Ministry of Justice  
and the Federal Office of Justice ‒ www.gesetze -im-internet.de  
Page 17 of 28 1. had possession of infringing products,  
2. made use of infringing services,  
3. provided services used for infringing activities or  
4. according to the information provided by a person referred to in no.  1, no.  2 or 
no. 3 participated in manufacturing, cr eating or distributing such products,  
unless that person would be entitled under sections  383 to 385 of the Code of Civil 
Procedure to refuse to give testimony in proceedings against the infringer. In the event of 
assertion in judicial proceedings of the c laim under sentence  1, the court may, upon motion, 
suspend the proceedings pending against the infringer until the proceedings on the claim 
concerning the provision of information have been concluded. The person obliged to provide 
the information may deman d from the aggrieved party reimbursement of the expenditure for 
the provision of the information.  
(3) The person obliged to provide the information is required to give particulars of  
1. the names and addresses of the manufacturers, suppliers and other pre vious 
holders of the products or of the users of the services as well as of the intended 
wholesalers and retailers, and  
2. the quantity of the products manufactured, delivered, received or ordered as 
well as the prices paid for the products or services con cerned.  
(4) The claims under subsections  (1) and (2) are ruled out if such a claim is disproportionate 
in an individual case.  
(5) If the person obliged to provide the information, while acting intentionally or grossly 
negligently, provides false or incompl ete information, that person is obliged to compensate 
the aggrieved party for the damage caused.  
(6) Any person who provides true information without having been obliged to do so in 
accordance with subsection  (1) or (2) is liable to third parties only if t hey knew that they were 
not obliged to provide the information.  
(7) In cases of an obvious legal infringement, the obligation to provide the information may 
be imposed by means of an injunction in accordance with sections  935 to 945 of the Code of 
Civil Pr ocedure.  
(8) In criminal proceedings or in proceedings under the Act on Regulatory Offences 
(Ordnungswidrigkeitengesetz ) the findings may be used against the person obliged on 
account of an act committed prior to the provision of the information or against  a relative 
referred to in section  52 (1) of the Code of Civil Procedure only with the consent of the 
person obliged.  
(9) If the information can be provided only by using traffic data (section  3 no.  70 of the 
Telecommunications Act ( Telekommunikationsgeset z)), a court order regarding the 
admissibility of the use of the traffic data must first be obtained upon motion by the aggrieved 
party. For issuance of this order, that regional court in whose district the person obliged to 
provide the information has his  or her residence, principal place of business or an 
establishment has exclusive jurisdiction, irrespective of the value in dispute. The civil division 
decides. The provisions of the Act on Proceedings in Family Matters and in Matters of Non -
Contentious Ju risdiction  (Gesetz über das Verfahren in Familiensachen und in den 
Angelegenheiten der freiwilligen Gerichtsbarkeit ) apply accordingly to the proceedings. The 
costs of the court order are borne by the aggrieved party. An appeal from the decision of the 
regional court is the available remedy. The notice of appeal is to be lodged within a period of 
two weeks. The provisions concerning the protection of personal data otherwise remain 
unaffected.  
(10) The basic right to privacy of telecommunications (Article  10 of the Basic Law) is 
restricted by subsection  (2) in conjunction with subsection  (9). Service provided by the Federal Ministry of Justice  
and the Federal Office of Justice ‒ www.gesetze -im-internet.de  
Page 18 of 28 Section 46a  
Production and inspection  
(1) Where there is sufficient likelihood of a legal infringement, the right holder or another 
entitled person may sue the alleged i nfringer for production of a document or inspection of 
an item which lies in his or her control if this is necessary for the purpose of establishing the 
claims of the right holder or another entitled person. Where there is sufficient likelihood of a 
legal infringement being committed on a commercial scale, the claim extends to the 
production of bank, financial or commercial documents. If the alleged infringer asserts that 
the information concerned is confidential, the court takes the measures necessary to e nsure 
the specific protection required in an individual case.  
(2) The claim under subsection  (1) is ruled out if such a claim is disproportionate in an 
individual case.  
(3) The obligation to produce a document or to acquiesce to the inspection of an item m ay 
be imposed by means of an injunction in accordance with sections  935 to 945 of the Code of 
Civil Procedure. The court takes the measures necessary to ensure the protection of 
confidential information. This in particular applies to those cases where the injunction is 
issued without giving a prior hearing to the opposing party.  
(4) Section  811 of the Civil Code and section  46 (8) apply accordingly.  
(5) If there was no infringement or no risk of infringement, the alleged infringer may claim 
compensation for  the damage caused to him or her by the production or inspection sought in 
accordance with subsection  (1) from the person who sought the production or inspection.  
Section 46b  
Securing claims for damages  
(1) In the event of a legal infringement being commit ted on a commercial scale in the cases 
referred to in section  42 (2), the aggrieved party may also require the infringer to produce 
bank, financial or commercial documents or to provide appropriate access to the relevant 
documents as are in the infringer’s  control and are necessary for enforcing the claim for 
damages if there is doubt as to whether the claim for damages will be satisfied in the 
absence of such production. If the infringer asserts that the information is confidential, the 
court takes the mea sures necessary to ensure the specific protection required in an 
individual case.  
(2) The claim under subsection  (1) is ruled out if such a claim is disproportionate in an 
individual case.  
(3) The obligation to produce the documents referred to in subsecti on (1) may be imposed by 
means of an injunction in accordance with sections  935 to 945 of the Code of Civil 
Procedure in cases where there evidently is a claim to compensation for damages. The court 
takes the measures necessary to ensure the protection of confidential information. This in 
particular applies to those cases where the injunction is issued without giving a prior hearing 
to the opposing party.  
(4) Section  811 of the Civil Code and section  46 (8) apply accordingly.  
Section 47  
Publication of judgm ent 
Where an action has been brought under this Act, the successful party may be entitled in the 
judgment to make the judgment public at the expense of the unsuccessful party if the 
successful party demonstrates a legitimate interest. The nature and extent  of the publication 
are laid down in the judgment. The entitlement lapses if it is not used within three months 
after the judgment becomes final. The pronouncement in accordance with sentence  1 is not 
provisionally enforceable.  
Section 48  
Exhaustion  
The r ights conferred by the registered design do not extend to acts in respect of a product in 
which a design falling under the scope of protection of a right in a registered design is Service provided by the Federal Ministry of Justice  
and the Federal Office of Justice ‒ www.gesetze -im-internet.de  
Page 19 of 28 incorporated or to which it is applied if the product has been put on the ma rket in a Member 
State of the European Union or in another Contracting Party to the Agreement on the 
European Economic Area by the right holder or with his or her consent.  
Section 49  
Limitation  
The provisions of Book 1 Division 5 of the Civil Code apply ac cordingly to the limitation of the 
claims referred to in sections  42 to 47. If the person obliged obtains something as a 
consequence of the infringement at the expense of the person entitled, section  852 of the 
Civil Code applies accordingly.  
Section 50  
Claims under other statutory provisions  
Claims under other statutory provisions remain unaffected.  
Section 51  
Criminal provisions  
(1) Any person who uses a registered design contrary to section  38 (1) sentence  1 although 
the right holder has not consented th ereto is liable to imprisonment for up to three years or a 
fine. 
(2) If the offender acts on a commercial scale, the penalty is imprisonment for up to five 
years or a fine.  
(3) An attempt is punishable.  
(4) In the cases referred to in subsection  (1), the o ffence is prosecuted upon motion only, 
unless the criminal prosecution authorities consider ex officio intervention imperative on 
account of the particular public interest in criminal prosecution.  
(5) Objects to which the criminal offence relates may be co nfiscated. Section  74a of the 
Criminal Code ( Strafgesetzbuch ) applies. Where the claims referred to in section  43 are 
upheld in proceedings pursuant to the provisions of the Code of Criminal Procedure 
(Strafprozeßordnung ) governing compensation for the agg rieved person (sections  403 to 
406c), the provisions on confiscation (sections  74 to 74f of the Criminal Code) do not apply.  
(6) Where a penalty is imposed, an order is to be made upon motion by the right holder and 
upon demonstration of a legitimate inter est to the effect that the conviction be made public 
upon demand. The nature of the publication is to be laid down in the judgment.  
Division 9  
Proceedings in design litigation cases  
Section 52  
Design litigation cases  
(1) The regional courts have exclusive jurisdiction, irrespective of the value in dispute, over 
all actions in which a claim from one of the legal relationships regulated under this Act is 
asserted (design litigation cases), with the exception of the determination or declaration of 
invalidity i n accordance with section  33. 
(2) The Land  governments are authorised to assign, by statutory instrument, design litigation 
cases for the districts of more than one regional court to one such regional court provided 
this is expedient for promoting the proc eedings ratione materiae or for accelerating the 
termination of the proceedings. The Land  governments may delegate this authorisation to 
the Land  departments of justice.  
(3) In addition, the Länder  may, by agreement, delegate duties incumbent on the desig n 
courts of one  Land  to the competent design court of another Land , in full or in part.  
(4) In respect of the costs arising from the participation of a patent attorney in a design 
litigation case, fees as set out in section  13 of the Lawyers’ Remuneration Act and the patent 
attorney’s necessary expenses are to be reimbursed.  Service provided by the Federal Ministry of Justice  
and the Federal Office of Justice ‒ www.gesetze -im-internet.de  
Page 20 of 28 Section 52a  
Assertion of invalidity  
A party may invoke the lack of legal validity of a registered design only by filing a 
counterclaim for the determination or declaration of invalidity  or by filing an application in 
accordance with section  34. Sentence  1 does not apply to the assertion of invalidity of a 
registered design in injunction proceedings under sections  935 to 945 of the Code of Civil 
Procedure.  
Section 52b  
Counterclaim for det ermination or declaration of invalidity  
(1) The design courts have jurisdiction for counterclaims for the determination or declaration 
of invalidity of a registered design insofar as these are filed in connection with actions in 
respect of infringement of the same registered design. Section  34 applies accordingly.  
(2) The counterclaim is inadmissible if a non -appealable decision has been taken in invalidity 
proceedings (section  34a) on the same matter in dispute between the same parties.  
(3) Upon motion of  the holder of the registered design, the court may, after hearing the other 
parties, suspend the proceedings and invite the person filing the counterclaim to submit an 
application for the determination or declaration of invalidity of this registered desig n to the 
German Patent and Trade Mark Office within a time limit to be determined by the court. If the 
application is not made within the time limit, the proceedings continue; the counterclaim is 
deemed withdrawn. The court may issue injunctions for the du ration of the suspension of the 
proceedings and may take protective measures.  
(4) The court informs the German Patent and Trade Mark Office of the date on which the 
counterclaim was filed. The German Patent and Trade Mark Office records the date of filing 
in the Register. The court transmits a copy of the final judgment to the German Patent and 
Trade Mark Office. The German Patent and Trade Mark Office records the outcome of the 
proceedings, including the date on which the decision was taken, in the Registe r. 
Section 53  
Place of jurisdiction for claims under this Act and under the Act Against Unfair 
Competition  
Claims in respect of legal relationships which are regulated under this Act and which are also 
based on the provisions of the Act Against Unfair Comp etition ( Gesetz gegen den unlauteren 
Wettbewerb ) may, in derogation from section  14 of the Act Against Unfair Competition, be 
asserted before the court having jurisdiction for the design litigation case.  
Section 54  
Reduction of value in dispute  
(1) If, in civil legal disputes in which by means of an action a right is asserted from one of the 
legal relationships regulated under this Act, a party substantiates that the burden of the costs 
of the proceedings based on the full value in dispute would pose a subs tantial risk to their 
economic situation, the court may, upon motion by that party, order that such party’s 
obligation to pay court costs is proportionate to a part of the value in dispute as adjusted to 
their economic situation . 
(2) The order referred to in subsection  (1) has the effect that the beneficiary also has to pay 
the fees of his or her lawyer only in relation to this part of the value in dispute. Insofar as 
costs of the proceedings are imposed on such party or the latter assumes these costs, that  
party is required to reimburse the court fees paid by the opposing party and their lawyer’s 
fees only in relation to the part of the value in dispute. If the extra -judicial costs are imposed 
on the opposing party or assumed by that party, the beneficiary’ s lawyer may recover his or 
her fees from the opposing party in relation to such value in dispute as applies to the latter.  
(3) The motion referred to in subsection  (1) may be declared before and recorded with the 
court registry. It is to be made before th e hearing on the merits. Thereafter it is admissible 
only where the court subsequently increases the presumed or assessed value in dispute. 
The opposing party is to be heard before the decision is taken on the motion.  Service provided by the Federal Ministry of Justice  
and the Federal Office of Justice ‒ www.gesetze -im-internet.de  
Page 21 of 28 Division 10  
Provisions regarding measu res taken by customs authority  
Section 55  
Seizure on import or export  
(1) Where an infringement as per section  38 (1) sentence  1 has obviously been committed, 
the relevant product is subject, upon request and security being given by the right holder, to 
seizure by the customs authority, on import or export, insofar as there is no requirement to 
apply Regulation (EU) No  608/2013 of the European Parliament and of the Council of 12  
June 2013 concerning customs enforcement of intellectual property rights and re pealing 
Council Regulation (EC) No  1383/2003  (OJ L 181, 29.6.2013, p.  15), as amended. This 
applies to transactions with other Member States of the European Union and with other 
Contracting Parties to the Agreement on the European Economic Area only to the  extent that 
controls are carried out by the customs authorities.  
(2) If the customs authority orders seizure, it without delay notifies the person entitled to 
exercise control as well as the right holder. The right holder is to be informed of the origin, 
quantity and place of storage of the products as well as the name and address of the person 
entitled to exercise control; the privacy of correspondence and posts (Article  10 of the Basic 
Law) is thus restricted. The right holder is to be given the opportun ity to inspect the products, 
provided this does not interfere with business or trade secrets.  
Section 56  
Confiscation, objection  
(1) If no objection is lodged in respect of the seizure before the expiry of a period of two 
weeks following service of the com munication referred to in section  55 (2) sentence  1, at the 
latest, then the customs authority orders confiscation of the seized products.  
(2) If the person entitled to exercise control objects to the seizure, the customs authority 
notifies the right holde r thereof without delay. The right holder is required to declare to the 
customs authority without delay whether he or she upholds a request made in accordance 
with section  55 (1) in respect of the seized products.  
(3) If the right holder withdraws the req uest, the customs authority revokes the seizure 
without delay. If the right holder upholds the request and submits an enforceable court 
decision ordering the impounding of the seized products or imposing a restriction on the 
control, the customs authority takes the necessary measures.  
(4) If the cases referred to in subsection  (3) do not apply, the customs authority revokes the 
seizure after the expiry of a period of two weeks following service of the communication to 
the right holder as referred to in subs ection  (2) sentence  1. If the right holder proves that he 
or she has requested, but not yet received, a court decision in accordance with subsection  
(3) sentence  2, the seizure remains in force for a maximum of two more weeks.  
(5) If the seizure proves to have been unjustified as from the outset and the right holder 
upheld the request referred to in section  55 (1) in respect of the seized products or did not 
without delay make a declaration (subsection  (2) sentence  2), then the right holder is obliged 
to co mpensate the person entitled to exercise control for the damage caused by the seizure.  
Section 57  
Jurisdictions, appellate remedies  
(1) A request as referred to in section  55 (1) is to be made to the Central Customs Authority 
and remains in force for one y ear insofar as no request is made for a shorter duration; the 
request may be repeated. The right holder is charged with the costs of official acts 
connected with the request subject to section  178 of the Fiscal Code ( Abgabenordnung ). 
(2) Seizure and confis cation may be contested using the appellate remedies admissible in 
respect of seizure and confiscation in regulatory fining proceedings under the Act on 
Regulatory Offences. The right holder is to be heard in the appeal proceedings. An 
immediate appeal may  be filed from a local court decision; the higher regional court decides 
on it.  Service provided by the Federal Ministry of Justice  
and the Federal Office of Justice ‒ www.gesetze -im-internet.de  
Page 22 of 28 Section 57a  
Procedure under Regulation (EU) No  608/2013  
Section  56 (5) and section  57 (1) apply accordingly to the procedure under Regulation (EU) 
No 608/2013, unless that Regu lation contains provisions which preclude this.  
Division 11  
Special provisions  
Section 58  
Domestic representative  
(1) Any person who has neither their residence nor principal place of business nor an 
establishment in Germany may participate in the proceedi ngs before the German Patent and 
Trade Mark Office or the Federal Patent Court which are regulated under this Act and assert 
the rights conferred by a registered design only if they have appointed a lawyer 
(Rechtsanwalt ) or patent attorney ( Patentanwalt ) as their representative who is entitled and 
authorised to represent them in proceedings before the German Patent and Trade Mark 
Office, before the Federal Patent Court and in civil litigation affecting the registered design, 
as well as to file an applicatio n for criminal prosecution.  
(2) The place where a representative appointed in accordance with subsection  (1) has his or 
her commercial premises is deemed, within the meaning of section  23 of the Code of Civil 
Procedure, to be the place where the asset is l ocated; if there are no such commercial 
premises, the place where the representative is residing in Germany is decisive or, if there is 
no such place, the place where the German Patent and Trade Mark Office has its seat.  
(3) The legal termination of the ap pointment of a representative as referred to in subsection  
(1) does not become effective until the German Patent and Trade Mark Office or the Federal 
Patent Court has been informed both of the termination of this appointment and of the 
appointment of anoth er representative.  
Section 59  
Arrogation of registered design  
Any person who uses a designation which is likely to create the impression that a product is 
protected by a registered design is obliged to provide information on demand regarding the 
registered  design upon which use of the designation is based to any person having a 
legitimate interest in knowing the legal situation.  
Section 60  
Registered designs under Extension Act  
(1) The provisions of this Act apply to all registered designs extended in accor dance with the 
Extension Act ( Erstreckungsgesetz ) of 23  April 1992 (Federal Law Gazette  I, p. 938), as last 
amended by Article  2 (10) of the Act of 12  March 2004 (Federal Law Gazette  I, p. 390), 
unless otherwise provided under subsections  (2) to (7).  
(2) The term of protection for registered designs which did not lapse on 28  October 2001 
ends 25  years after the end of that month in which the date of filing falls. Renewal of 
protection is effected by means of payment of a renewal fee for the 16th to 20th  year and for 
the 21st to 25th  year, calculated from the date of filing.  
(3) If the claim for remuneration on account of the use of a registered design has already 
arisen in accordance with those statutory provisions which were applicable up until the entry 
into force of the Extension Act, the remuneration still has to be paid in accordance with these 
provisions.  
(4) Any person who has lawfully commenced use of a registered design, in accordance with 
the statutory provisions applicable up until the entry into f orce of the Extension Act, which 
was protected by an inventor’s certificate extended under section  4 of the Extension Act, as 
amended on 31  May 2004, or in respect of which an inventor’s certificate had been sought, 
may continue to use it within the whole federal territory. The holder of the industrial property Service provided by the Federal Ministry of Justice  
and the Federal Office of Justice ‒ www.gesetze -im-internet.de  
Page 23 of 28 right may require appropriate remuneration from the person entitled to use the registered 
design with respect to its continued use.  
(5) Where an application for a patent for an industrial design whic h was extended in 
accordance with section  4 of the Extension Act, as amended on 31  May 2004, was published 
in accordance with section  10 (1) of the Ordinance on Industrial Designs ( Verordnung über 
industrielle Muster ) of 17  January 1974 (Law Gazette  I No.  15, p.  140), as amended by the 
Ordinance of 9  December 1988 (Law Gazette  I No.  28, p.  333), this is equal to publication of 
the registration of the application in the Design Register ( Musterregister ) in accordance with 
section  8 (2) of the Design Act ( Gesc hmacksmustergesetz ) in the version applicable until 
midnight on 31  May 2004.  
(6) Insofar as registered designs extended under the Extension Act to the territory 
designated in Article  3 of the Unification Treaty ( Einigungsvertrag ) or to the remaining federa l 
territory are concurrent in their scope of protection and therefore collide as a result of 
extension, the holders of such titles or applications may not assert rights deriving from those 
titles or applications, irrespective of their filing or priority da te, either against each other or 
against persons authorised by the holder of the other title or the other application to use 
them. However, the subject matter of the title or of the application may not be used or may 
only be used with restrictions in the t erritory to which the title or the application has been 
extended if unlimited use would lead to a particular disadvantage for the holder of the other 
title or of the other application or for persons who have been authorised to use the subject 
matter of the  title or of the application and would be unreasonable, when taking into account 
all the circumstances of the case and when weighing up the justified interests of those 
concerned.  
(7) The effect of a registered design extended under section  1 or section  4 of the Extension 
Act, as amended on 31  May 2004, does not apply to any person who had lawfully begun to 
use the registered design in the territory in which the title did not apply up until the entry into 
force of the Extension Act after the day which is op erative for the filing or priority date of the 
application and prior to 1  July 1990. Such person is authorised to use the registered design 
in the whole of the federal territory for the needs of their own business in their own plant or 
workshops or the pla nt or workshops of others with the limitations resulting from applying 
section  12 of the Patent Act accordingly, on condition that the use does not cause particular 
prejudice to the holder of the title or the persons who have been authorised to use the 
subject matter of the title and would be unreasonable when taking into account all the 
circumstances of the case and when weighing up the justified interests of those concerned . 
In the case of a product manufactured abroad, the user only has a right to contin ued use 
under sentence  1 if the use in Germany has led to a property situation which warrants 
protecting and whose non -recognition, taking into account all the circumstances of the case, 
would represent an unreasonable hardship for the user.  
Section 61  
Typographic typefaces  
(1) Legal protection is granted under this Act to all typographic typefaces registered in 
accordance with Article  2 of the Typefaces Act ( Schriftzeichengesetz ) in the version 
applicable until midnight on 1  June 2004, unless otherwise pro vided under subsections  (2) to 
(5). 
(2) The provisions on the conditions of protectability continue to apply to applications filed 
before midnight on 31  May 2004 in accordance with Article  2 of the Typefaces Act in the 
version applicable on that date.  
(3) Rights conferred by registered designs may not be exercised in respect of acts which 
were begun before 1  June 2004 and which the holder of the typographic typeface could not 
have prohibited under the provisions applicable on that date.  
(4) Until such time as the typefaces referred to in subsection  (1) are registered, their 
protective effects are determined by the Typefaces Act in the version applicable until 
midnight on 31  May 2004.  Service provided by the Federal Ministry of Justice  
and the Federal Office of Justice ‒ www.gesetze -im-internet.de  
Page 24 of 28 (5) In derogation from section  28 (1) sentence  1, renewal fees are payable only from the 
11th year of the term of protection to maintain the term of protection for the typefaces 
referred to in subsection  (1). 
Division 12  
Community designs  
Section 62  
Forwarding of application  
Where applications for a Community design are filed wit h the German Patent and Trade 
Mark Office in accordance with Article  35 (2) of Council Regulation (EC) No  6/2002 of 12  
December 2001 on Community designs (OJ  L 3, 5.1.2002, p.  1), the German Patent and 
Trade Mark Office makes a note on the application of t he date of receipt and forwards the 
application, without examination and without delay, to the Office for Harmonisation in the 
Internal Market (Trade Marks and Designs).  
Section 62a  
Application of provisions of this Act to Community designs  
Insofar as Germ an law is applicable, the following provisions of this Act apply accordingly to 
the rights of the holder of a Community design protected under Council Regulation (EC) No  
6/2002:  
1. the provisions on rights to removal of the impairment (section  42 (1) sente nce 
1), to compensation for damage caused (section  42 (2)), to destruction, to recall and 
release (section  43), to information (section  46), to production and inspection (section  
46a), to securing claims for damages (section  46b) and to the publication of the judgment 
(section  47), along with the rights under Article  89 (1) (a) to (c) of Council Regulation (EC) 
No 6/2002;  
2. the provisions on the liability of the owner of an enterprise (section  44), 
compensation (section  45), limitation (section  49) and on claims under other statutory 
provisions (section  50); 
3. the provisions on seizure on import or export (sections  55 to 57).  
Section 63  
Community design litigation  
(1) The regional courts have exclusive jurisdiction as Community design courts of first 
insta nce for all actions for which the Community design courts within the meaning of Article  
80 (1) of Council Regulation (EC) No  6/2002 have jurisdiction (Community design litigation), 
irrespective of the value in dispute.  
(2) The  Land  governments are authoris ed to assign, by statutory instrument, Community 
design litigation cases for the districts of more than one Community design court to one of 
these courts. The Land  governments may delegate this authorisation by statutory instrument 
to the Land  departments of justice.  
(3) The Länder  may, by agreement, delegate duties incumbent on the Community design 
courts of one Land  to the competent Community design court of another Land , in full or in 
part. 
(4) Section  52 (4) and sections  53 and 54 apply accordingly to p roceedings before the 
Community design courts.  
Section 63a  
Communication to European Commission  
The Federal Ministry of Justice and Consumer Protection communicates to the Commission 
of the European Communities which Community design courts of first and se cond instance 
have been designated in accordance with Article  80 (1) of Council Regulation (EC) No  
6/2002 as well as any change in the number, name or territorial jurisdiction of these courts.  Service provided by the Federal Ministry of Justice  
and the Federal Office of Justice ‒ www.gesetze -im-internet.de  
Page 25 of 28 Section 63b  
Territorial jurisdiction of Community design courts  
Where, in accordance with Article  82 of Council Regulation (EC) No  6/2002, German 
Community design courts have international jurisdiction, those provisions apply accordingly 
to the territorial jurisdiction of these courts which would be applicable if the application was 
an application for a design filed with the German Patent and Trade Mark Office or the 
registered design was a design registered in the Register of the German Patent and Trade 
Mark Office. If jurisdiction is not established on this basis, th en the court with which the 
claimant has general venue has territorial jurisdiction.  
Section 63c  
Insolvency proceedings  
(1) If the insolvency court is aware that a Community design registered or applied for is part 
of the insolvency estate, it requests the  Office for Harmonisation in the Internal Market 
(Trade Marks and Designs), by direct communication, to record in the Register of 
Community designs or, if it is an application, in the application files the following particulars:  
1. about the opening of the  proceedings and, unless already contained in the 
Register, the order for restriction on property transfer,  
2. about the release or sale of the Community design or the application for the 
Community design,  
3. about the final and binding discontinuation of the proceedings,  
4. about the final and binding termination of the proceedings, in the case of 
supervision of the debtor, however, only after such supervision has ended, and about a 
restriction on property transfer.  
(2) The entry in the Register of Communi ty designs or in the application files may also be 
requested by the insolvency administrator. In the case of debtor -in-possession management, 
the insolvency monitor takes the place of the insolvency administrator.  
Section 64  
Order for enforcement  
The Feder al Patent Court has jurisdiction to issue the order for enforcement in accordance 
with Article  71 (2) sentence  2 of Council Regulation (EC) No  6/2002. The enforceable 
execution copy is issued by the registry clerk at the registry of the Federal Patent Cour t. 
Section 65  
Punishable infringement of Community design  
(1) Any person who, contrary to Article  19 (1) of Council Regulation (EC) No  6/2002, uses a 
Community design although the holder has not consented thereto is liable to imprisonment 
for up to three y ears or a fine.  
(2) Section  51 (2) to (6) applies accordingly.  
Division 13  
Protection of registered designs under Hague Agreement  
Section 66  
Application of this Act  
This Act applies accordingly to registrations of designs under the Hague Agreement of 6  
November 1925 Concerning the International Deposit of Designs (Hague Agreement) (Reich 
Law Gazette 1928  II, p. 175, 203) and its amended versions signed in London on 2  June 
1934 (Reich Law Gazette 1937  II, p. 583, 617), in The Hague on 28  November 1960 
(Feder al Law Gazette 1962  II, p. 774) and in Geneva on 2  July 1999 (Federal Law Gazette 
2009  II, p. 837 and 2016  II, p. 59) (international registrations) whose protection covers the Service provided by the Federal Ministry of Justice  
and the Federal Office of Justice ‒ www.gesetze -im-internet.de  
Page 26 of 28 territory of the Federal Republic of Germany, unless otherwise provided under th is Part, the 
Hague Agreement or its amended versions.  
Section 67  
Filing of international application  
At the option of the applicant, the international application for designs may be filed either 
directly with the International Bureau of the World Intellect ual Property Organization 
(International Bureau) or through the German Patent and Trade Mark Office.  
Section 68  
Forwarding of international application  
Where international applications for designs are filed with the German Patent and Trade 
Mark Office, the  German Patent and Trade Mark Office makes a note on the application of 
the date of receipt and forwards the application, without examination and without delay, to 
the International Bureau.  
Section 69  
Examination of grounds for non -registrability  
(1) Inter national registrations are examined in respect of grounds for refusal set out in 
section  18 in the same manner as designs which have been filed for registration in the 
Register kept by the German Patent and Trade Mark Office. The refusal of the effects tak es 
the place of the refusal of the design application.  
(2) Where the German Patent and Trade Mark Office finds in the course of the examination 
that there are grounds for non -registrability as defined in section  18, it communicates to the 
International Bur eau a notification of refusal of effects within six months from the date of 
publication of the international registration. The notification states all the grounds on which 
the refusal of effects is based.  
(3) After the International Bureau has sent a copy of the notification of refusal of effects to 
the holder of the international registration, the German Patent and Trade Mark Office is 
required to give the holder of the international registration the opportunity to respond to the 
refusal of effects and to renounce protection within a period of four months. Upon expiry of 
this period, the German Patent and Trade Mark Office decides whether or not to uphold the 
refusal of effects. If the German Patent and Trade Mark Office upholds the refusal of effects, 
the right holder has the same legal remedies against the decision as apply to the refusal of 
an application for registration of a design in the Register kept by the German Patent and 
Trade Mark Office. If the German Patent and Trade Mark Office does not uphold  the refusal 
of effects or if it is finally determined that the protection was wrongfully refused, the German 
Patent and Trade Mark Office withdraws the refusal of effects without delay.  
Section 70  
Subsequent withdrawal of protection  
(1) An application or a counterclaim for determination of invalidity of effects for the territory of 
the Federal Republic of Germany takes the place of an application or a counterclaim for 
determination or declaration of invalidity in accordance with section  33 (1) or (2). An a ction 
for withdrawal of protection takes the place of an action for consent to cancellation in 
accordance with section  9 (1). The court transmits to the German Patent and Trade Mark 
Office a copy of the final judgment. Section  35 applies accordingly.  
(2) W here the German Patent and Trade Mark Office has been notified that the invalidity of 
effects of an international registration has been determined for the territory of the Federal 
Republic of Germany or that its protection has been withdrawn, it informs th e International 
Bureau thereof without delay.  
Section 71  
Effect of international registration  
(1) An international registration whose protection refers to the territory of the Federal 
Republic of Germany has the same effect from the date of its registratio n as if it had been Service provided by the Federal Ministry of Justice  
and the Federal Office of Justice ‒ www.gesetze -im-internet.de  
Page 27 of 28 applied for as a registered design with the German Patent and Trade Mark Office and had 
been entered in its Register on that date.  
(2) The effect referred to in subsection  (1) is deemed not to have arisen if the international 
registrat ion has been refused (section  69 (2)), the invalidity of its effects for the territory of 
the Federal Republic of Germany has been determined (section  70 (1) sentence  1) or 
protection has been withdrawn in accordance with section  9 (1) or section  34 senten ce 1 
(section  70 (1) sentence  2). 
(3) If the German Patent and Trade Mark Office withdraws the notification of refusal, the 
international registration has retroactive effect for the Federal Republic of Germany from the 
date of its registration.  
Division 14  
Transitional provisions  
Section 72  
Applicable law  
(1) In respect of registered designs for which an application was filed before 1  July 1988 in 
accordance with the Design Act ( Geschmacksmustergesetz ), as consolidated and published 
in the Federal Law Gazet te III, Index No.  442-1, as last amended by Article  8 of the Act of 23  
July 2002 (Federal Law Gazette  I, p. 2850), the provisions applicable until that date continue 
to apply.  
(2) In respect of registered designs for which an application was filed or which  were 
registered before 28  October 2001, the provisions on the conditions for protectability 
applicable on that date continue to apply. Rights conferred by such registered designs 
cannot be exercised if they concern acts within the meaning of section  38 (1) which were 
commenced before 28  October 2001 and which the aggrieved party could not have 
prohibited before that date in accordance with the provisions of the Design Act 
(Geschmacksmustergesetz ), as consolidated and published in the Federal Law Gazette  III, 
Index No.  442-1, in the version applicable on that date.  
(3) For registered designs for which an application was filed before 1  June 2004 but which 
were not yet registered on that date, the provisions of the Design Act 
(Geschmacksmustergesetz ), as conso lidated and published in the Federal Law Gazette  III, 
Index No.  442-1, as applicable until midnight on 31  May 2004, apply to the protective effects 
up until registration.  
(4) Article  229 section  6 of the Introductory Act to the Civil Code ( Einführungsgese tz zum 
Bürgerlichen Gesetzbuche ) applies accordingly, with the proviso that section  14a (3) of the 
Design Act ( Geschmacksmustergesetz ), as consolidated and published in the Federal Law 
Gazette  III, Index No.  442-1, as applicable until 1  January 2002, is eq ual to the provisions of 
the Civil Code on limitation in the version applicable until 1  January 2002.  
Section 73  
Limitations of rights  
(1) Rights conferred by a registered design cannot be exercised in respect of acts which 
concern the use of a component p art for the repair of a complex product with a view to 
restoring its original appearance if these acts could not be prevented under the Design Act 
(Geschmacksmustergesetz ), as consolidated and published in the Federal Law Gazette  III, 
Index No.  442-1, in t he version applicable until midnight on 31  May 2004.  
(2) Section  40a does not apply to existing rights conferred by a registered design for which 
an application was filed before 2 December 2020.  
(3) Section  31 (5) applies to existing licences for the right  conferred by the application for or 
registration of a registered design which was granted before 1  June 2004 only if that right 
was transferred as of 1  June 2004 or the licence was granted as of that date.  
(4) Rights to the citation of the designer under section  10 may be asserted only for registered 
designs for which an application was filed as of 1  June 2004.  Service provided by the Federal Ministry of Justice  
and the Federal Office of Justice ‒ www.gesetze -im-internet.de  
Page 28 of 28 (5) In respect of the protective effect of variations of basic designs in accordance with 
section  8a of the Design Act ( Geschmacksmustergesetz ), as applicable until midnight on 31  
May 2004, the provisions of the Design Act ( Geschmacksmustergesetz ), as consolidated 
and published in the Federal Law Gazette  III, Index No.  442-1, in the version applicable until 
midnight on 31  May 2004, apply. Section  28 (2) applies to the renewal of variations of a 
basic design, with the proviso that the basic designs are considered first.  
Section 74  
Transitional provisions relating to the Act to Modernise the Design Act 
(Geschmacksmustergesetz ) and to Amend the Regulatio ns on Notifications of 
Exhibition Protection ( Gesetz zur Modernisierung des Geschmacksmustergesetz 
sowie zur Änderung der Regelungen über die Bekanntmachungen zum 
Ausstellungsschutz ) 
(1) Designs which had been applied for or registered up until the entry into force of the Act of 
10 October 2013 (Federal Law Gazette  I, p. 3799) on 1  January 2014 are designated 
ʻregistered designsʼ as of that date.  
(2) As from the entry into force of the Act of 10  October 2013 (Federal Law Gazette  I, p. 
3799) on 1  January 2014, the provisions on invalidity proceedings before the German Patent 
and Trade Mark Office in Division 6 apply accordingly to registered designs within the 
meaning of section  72 (3). Section  72 (3) continues to apply to the assessment of the 
protectability of these designs.  
(3) Section  52a applies only to design litigation proceedings which became pending after 31  
December 2013.