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Bundesgesetz vom 7. J uni 1990 über den Schutz von Mustern (Musterschutzgesetz 
1990 – MuSchG), zuletzt geändert BGBl. I Nr. 37/2018  
Long title  
Federal Act of 7 June 1990 on the Protection of Designs ( Design  Protection Act 1990 
MuSchG) StF: Federal Law Gazette No. 497/1990 (NR: GP XVII RV 1141 AB 1342 p. 146. 
BR: AB 3910 p. 531.)  
Modification s 
BGBl. No. 772/1992 (NR: GP XVIII RV 665 AB 784 P. 88.BR: AB 4366 P. 561.) BGBl. I No. 
143/2001 (NR: GP XXI RV 800 AB 845 P. 83. BR: AB 6521 S. 682.) BGBl. I No. 81/2003 (NR: 
GP XXII RV 65 AB 169 S. 27. BR: AB 6839 S. 700.) [CELEXNr.: 31998L0071] BGBl. I No. 
149/2004 (NR: GP XXII RV 621 AB 770 p. 90.BR: AB 7197 p. 717.) Federal Law Gazette I 
No. 131/2005 (NR: GP XXII AB 1 141 p. 125.BR: AB 7410 p. 727.) Federal Law Gazette I No. 
151/2005 (NR: GP XXII RV 994 AB 1077 P. 122. BR: AB 7387 P. 725.) 
[CELEXNr.  32003L0006] BGBl. I No. 126/2013 (NR: GP XXIV RV 2358 and zu 2358 AB 2413 
S. 206.BG: AB 9018 S. 822.) BGBl. I No. 71/2016 (NR: GP XXV RV 1144 AB 1204 p. 138. BR: 
AB 9633 p. 856.) Federal Law Gazette I No. 124/2017 (NR: GP XXV RV 1656 AB 1678 p. 
190. BR: AB 9851 p. 870.) [CELEXNr.: 32015L2436] BGBl. I No. 37/2018 (NR: GP XXVI RV 
108 AB 139 S. 23. BR: 9967 AB 9970 S. 880.) [CEL EXNr.:  32017L2399, 32017L1572 ] 
Text 
I. GENERAL PROVISIONS  
Subject matter of design protection  
§ 1. (1) For designs that are new and have individual character (§§ 2, 2a) and which do 
not violate § 2b, public order or morality, design protection can be acquired under this 
Federal Law. Designs fall ing under the prohibition of double protection (§ 3) are n ot 
protected.  
(2) A design  within the meaning of this Federal Act is the appearance of an entire 
product or a part thereof, which results in particular from the features of the lines, 
contours, colors, the shape, surface structure and/or the materials of t he product itself 
and/or its decoration.  
(3) A product within the meaning of (2) is any industrial or craft item, including - among 
other things - individual parts that are to be assembled into a complex product, 
packaging, equipment, graphic symbols and t ypographical typefaces;  however, a 
computer program is not considered a product.     
 
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(4) A complex product within the meaning of (3) is a product made up of several 
components that can be replaced so that the product can be disassembled and 
reassembled.  
(5) De sign rights that are acquired on the basis of Regulation (EC) No. 6/2002 on 
Community Designs, OJ No. L 3 of January 5, 2002, S 1, are to be maintained in the same 
way as design rights acquired on the basis of this Federal Act, provided that nothing to 
the contrary emerges from Community law provisions relating to design.  Otherwise, the 
provisions of Section VII apply.  
Novelty and individuality  
§ 2. (1) A design is considered new if no identical design has been made available to the 
public before the day of  filing the design for registration or, if priority is claimed, before 
the priority date.  Designs  are considered identical if their features differ only in 
insignificant details.  
(2) A design  has individual character if the overall impression it creates on  the informed 
user differs from the overall impression that another design  creates on this user, which 
was made available to the public before the day of application  for registration or, if a 
priority is claimed , has been made available before the priority  date.  
(3) When assessing the individual character, the degree of creative freedom of the 
designer /creator in developing the design  is taken into consideration . 
(4) The design  that is used in a product , that is a component of a complex product, or 
that is inserted into this product, is only considered new and has individuality  only if the 
component , that is inserted into the complex product , remains visible  during intended  
use of the latter  and insofar a s these visible features of the component themselves meet 
the requirements of novelty and individuality.  
(5) Intended use within the meaning of (4) means use by the end user, with the 
exception of maintenance, servicing or repair measures.  
§ 2a.  (1) Within  the meaning of § 2, a design  is deemed to have been made available to 
the public if, after registration or in any other way, it was made known, exhibited, used 
in trade  or disclosed for other reasons, except where this could not reasonably have 
become kno wn in the normal course of business  to specialized circles  in the sector  
concerned operating in the European  Economic Area, before the day of filing the 
application for registration or, if a priority is claimed, before the priority date.  However, 
a design  is not deemed to have been made available to the public if it has only been 
disclosed to a third party under the exp licit or tacit condition of confidentiality.     
 
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(2) A disclosure is not taken into consideration  when applying § 2 if the design  is made 
availa ble to the public no t earlier than twelve months before the date of filing or, if 
priority is claimed, before the priority date, namely:  
1. by the designer/ creator or his legal successor or by a third party as a result of 
information or actions of the designer/ creator or his legal successor or  
2. as a result of an abusive act against the designer/ creator or his legal successor.  
Designs determined  by technical function  and designs of interconnections  
§ 2 b. (1) A right to a design  does not exist in terms of appearance features of a product 
that are exclusively determined  by its technical function.  
(2) A right to a design  does not exist in the appearance features of a product which 
inevitably have to be reproduced in their exact for m and their exact dimensions so that 
the product , in which the design  is incorporated or in which it is used , can be 
mechanically assembled with or connected to or attached to, on or around another 
product , so that both products fulfill their function.  
(3) Regardless of (2), there is a right to a design  under the conditions set out in § 2, which 
serves the purpose of enabling the assembly or connection of a large number of 
interchangeable parts within a modular system.  
Prohibition of double protection  
§ 3. A design is excluded from design protection if it collides with an earlier design that 
was made available to the public after the date of filing or, if a priority is claimed, after 
the priority date and which is protected from a date prior to that date by  a registered 
Community design or a or an application for a Community design or a design  registered 
or applied for registration under this Federal law.  
Effect of design protection  
§ 4. (1) The registration of a design confers  its owner the exclusive right t o use it and to 
prohibit third parties from using it without his  or her  consent.  The use mentioned 
includes in particular the production, offering, placing on the market, importing, 
exporting or using a product in which the sample is incorporated or in which it is used, 
or the possession of the product for the stated purposes . 
(2) The scope of protection from a right to a design extends to any design that does not 
create a different overall impression on the informed user.  
(3) When assessing the scope of protection, the degree of creative freedom of the 
designer/ creator in dev eloping his or her design is taken into consideration .    
 
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(4) A registered design does not dispense  the user from compliance with legal 
provisions . 
Limitation  of the rights conferred by a design right  
§ 4a.  (1) The rights conferred by a registered design cann ot be asserted for:  
1. acts that are carried out in the private sphere for non -commercial purposes;   
2. acts for experimental purposes;   
3. reproduction for the purpose of quotation or for teaching purposes, provided that 
such actions are compatible with t he practice of fair business dealings, do not unduly 
impair the normal exploitation of the design  and the source is cited.  
(2) The rights from a registered design can also not be asserted for:  
1. equipment in ships and aircraft that are registered in anot her country and enter 
Austria  temporarily;  
2. the importation of spare parts and accessories for the repair of such vehicles 
domestically;   
3. carrying out repairs on such vehicles.  
 
Prior user right  
§ 5. (1) The effect of the design protection does not apply to anyone who in good faith 
has already used a design falling under the scope of protection of a registered design 
before the priority date in Austria  or has taken the necessary events for this (pr ior user).  
(2) The pr ior user may continue to use the design  for the products covered by use for 
the needs of his own company in his own or third -party business premises.  
(3) This authorization can only be inherited or sold together with the company.  
(4) The prior user may  demand that his authorization is recognized in writing by the 
owner of the design . The recognized authorization is to be entered in to the Design  
register at the request of the pr ior user.  
(5) If recognition is refused, the Patent Office shal l decide upon request  and, if 
applicable , order th e authorization to be entered in to the Design register.  
    
 
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Exhaustion of rights  
§ 5a.  The rights arising from a registered design do not extend to actions relating to a 
product into which a design , falling un der the scope of protection of the right to a 
design , is inserted or in which it is used, when  the product has been placed on the 
market  in the European Economic Area by the right holder or with his consent.  
Term of protection  
§ 6. Design protection starts with  the day the design is registered.  The term of protection 
is five years starting on the day of filing of the application . The right holder may  have the 
protection period extended four times by five years each up to a total of 25 years from 
the date of filing of the application by paying a renewal fee in time.  For the payment of 
the renewal fee, the end of the term of protection is the last day of the month, which by 
its name corresponds to the month of the filing date . 
Entitlem ent to design protection  
§ 7. (1) In principle, the designer/ creator of the design or his /her legal successor has a 
right to design protection.  
(2) If, however, the design created by  an employee falls within the field of work of the 
company in which he is active, and if the activity that led to the design creation  was part 
of the employee's official duties or if the design was created outside of an employment 
relationship by order and if nothing else has been agreed upon, the employer or the 
client or his l egal successor shall be entitled to design protection.  
Citation  as designer/ creator of the design  
§ 8. (1) The designer/ creator of a design has the right to be cited  as designer/ creator in 
the Design register upon publication in accordance with § 17 and in  the priority 
documents to be issued by the Patent Office.  
(2) The entitlement can neither be transferred nor inherited.  A waiver of the claim has 
no legal effect.  
(3) The request for citation  can be made by the designer/ creator of the design, the 
applican t or the owner of the design.  If more than one person is authorized to do this, 
proof of the consent of the other authorized persons must be provided if the request  is 
not made jointly by all authorized persons.  If someone else is to be named in addition to 
or to replace the already cited designer/ creator , the consent of the previously cited  
designer/ creator must also be proven.  
    
 
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(4) If the applicant, the design owner or the person already cited  as the designer/ creator 
refuse to give their consent, the Pa tent Office shall, upon request, decide on the right to 
be cited  as designer/ creator.  On the basis of the final decision in favor of the request , 
the designer/ creator is to be cited  in accordance with (1). 
Relationship between several design owners  
§ 9. The legal relationship of several design owners to one another is determined 
according to civil law.  In case of doubt, the right to allow third parties to use a protected 
design is only available to the entire owner ship; however, each individual owner is 
authorized to take action against violators of the design right . 
Transmission  
§ 10.  (1) The right stemming from the application of a design and the design right can be 
transferred for all or individual products of the list of goods in their entirety or in 
notional  shares . 
(2) There is no right of reversion  (§ 760 ABGB).  
II. REGISTRATION PROCEDURE AND DESIGN  REGISTER  
Registration  
§ 11.  An application for design protection shall be filed in writing  with the Patent 
Office . The filing date is the day the application is received by the Patent Office.  
§ 12.  (1) The design  must be disclosed upon application  by submitting a design 
representation  or a specimen of the design . If a design specimen  is submitted, a 
representation  of the design  must always be submitted for publication (§ 17) and 
registration (§ 18 (1) no. 4), which reproduces the design specimen  as clearly as possible 
but is not taken into ac count for disclosure.  
(2) A description can be given to explain the design . 
(3) The products for which the design  is intended are to be listed according to the 
classification of the classes and sub -classes of the Locarno Agreement for the 
Establishment of an International Class ification for Industrial Designs, Federal Law 
Gazette No. 496/1990 (list of goods).  
§ 13.  Designs  belonging to the same class can be combined in a multiple application.  The 
multiple application may not contain more than fifty designs . However, the option o f § 
14 can only be used jointly for all designs combined in a multiple application.     
 
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§ 14.  The copy and the illustration of the design  as well as the description can be 
presented openly or in a sealed envelope (secret design ). The envelope must be opened:  
1. at the request of the applicant;   
2. at the request of a third party, provided that the latter can prove that the design 
applicant has invoked the design against him;  
3. ex officio eighteen months after the priority date of the design . 
§ 15.  More detailed requirements of the description and the list of goods, the number of 
items to be submitted as well as the number, quality and dimensions of the images and 
copies of the design  to be submitted are to be determined by the President of the 
Patent O ffice  by ordinance , taking into a ccount the requirements of the registration 
process, printing and publication of the design . 
 
Legality examination  
§ 16. (1) The Patent Office shall examine  every design application for legality, in the case 
of openly submi tted designs  after they have been received, in the case of design 
applications sealed , if this is not possible after they have been received, after opening 
the envelope ( § 14). However, an examination of the existence of the requirements of §§ 
2 to 3 as we ll as whether the applicant is entitled to design protection (§ 7) does not take 
place in the registration process.  
(2) If the examination reveals that there are concerns about the registration of the 
design, the applicant shall be requested to express his  opinion within a reasonable 
period of time.  If the inadmissibility of the registration is determined after a timely 
statement or after the deadline has expired, the design  application shall  be rejected.  
(3) If there are no concerns about the registration of the design , its publication (§ 17) and 
registration (§ 18) have to  be ordered.  
 
Publication of the Design  
§ 17.  The design  is to be published on the day of its registration in the Austrian Design 
Gazette ( § 33). The content and scope of the publication of the sample are to be 
determined by ordinance of the President of the Patent Office, taking into ac count the 
public's need for information.  
    
 
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Registration  
§ 18.  (1) When registering, the following are to be included in the Design  register kept by 
the Patent Office:  
1. the register number;   
2. the date of filing and, if applicable, the priority claimed;   
3. the beginning of the  term of protection ( § 6);  
4. the representation of the design ; 
5. if applicable, an indication that a copy of the design  or a description has also been 
submitted;  
6. the products for which the design is intended (list of products);   
7. the name and place  of residence (seat) of the owner of the design  and, if applicable, of 
his representative;   
8. if applicable, the named designer/ creator (§ 8).  
(2) The owner of the design  receives an official confirmation ( Design  certificate) of the 
entries in the registe r according to (1). 
(3) The Design  register is open to everyone  for inspection . A certified extract from the 
register shall be  issued upon  request.  
Priority  
§ 19.  On the day of the proper application  of a design, the applicant acquires the right of 
priority.  
§ 20. (1) The priority rights granted on the basis of intergovernmental agreements or § 
20a must be expressly claimed.  The date of the application , the priority of which is 
claimed, and the countr y in which this application  was made must be specified 
(declaration of priority).  The file number of the application must also be given.  
(2) The declaration of priority must be submitted within two months of the receipt of the 
application at the Patent Off ice. The claimed priority may  be corrected within this 
period.  
(3) If the maintenance of the design right depends on whether the priority was rightly 
claimed, the priority right must be proven.  By ordinance of the President of the Patent 
Office it is to be  determined which documents are required in the proceedings before    
 
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the Patent Office and in appeal proc eedings  for this proof (priority documents) and 
when these documents are to be presented.  
(4) If the declaration of priority is not submitted in time, th e priority documents are not 
submitted in time or if the file number of the application , whose priority is claimed , is 
not disclosed in due time upon official request, the priority is determined by the day of 
the application in Austria . 
§ 20a.  Within a per iod of six months after the filing date of an earlier design application 
that was filed with a registration office that is not covered by the scope of an 
intergovernmental agreement on the recognition of priority, the applicant has the right 
to claim  for a  later design application in Austria  relating to the same design the p riority 
of the earlier design application  if a corresponding reciprocity with this registration 
office has been established by an announcement to be published in the Federal Law 
Gazette by the Federal Minister for Transport, Innovation and Technology.  The 
requirements and the effects of this prio rity right correspond to those of Article 4 of the 
Paris Convention for the Protection of Industrial Property, Federal Law Gazette No. 
399/1973.  
Entries in the Design register  
§ 21. In addition to the information mentioned in § 18 (1), data in regard to  the end of 
design protection, the declaration of nullity, the transfer of design rights, liens and other 
rights  in rem  to design rights, license rights, prior user rights, restitution to the previous 
status, declaratory decisions and legal  disputes as well a s references to judgments 
communicated in accordance with § 36 shall be entered into the Design register . 
§ 22.  (1) Rights  in rem  to design rights as well as the design right itself in the event of its 
transfer (§ 10) are acquired with the entry in the des ign register.  
 (2) With the application for entry, the document the entry to be made  is based on  shall  
be submitted in the original or as a duly certified copy.  If the document is not a public 
one, it shall  be signed with the duly certified signature of th e person disposing of his 
rights.  In case of transfer of the de sign a corresponding declaration of the parties or 
their representatives may be submitted instead of a document.  
(3) Form and content of the request, the document and the declaration are subjec t to 
examination by the Patent Office. In case of justified doubt the Patent Office may 
request originals or duly certified copies or other documents to be presented.  
(4) Legal disputes relating to design rights shall  be entered in the design register upo n 
request (dispute note).     
 
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(5) Furthermore  § 43 (2, 3, 4, 5 and 7) (entry in the Patent register), § 44 (encumbrances) 
and § 45 (2) (disputes) of the Patent Act 1970, Federal Law Gazette No. 259, shall apply 
accordingly.  
(6) (2) and § 43 (5) and (7) of the Patent Act 1970 shall apply mutatis mutandis to the 
transfer of the right arising from the application for a design.  
 
III. DECLARATION OF INVALIDITY AND DEPRIVATION  
Invalidity of designs  
§ 23.  (1) The design right is declared null and void upon request  if  
1. the design is not a design within the meaning of § 1  (2), or  
2. the design does not meet the protection requirements o f § 1 (1), first sentence, or  
3. the design falls under the prohibition of double protection (§ 3), or  
4. the holder of the design right is not entitled to design protection (§ 7).  
(2) The reason for invalidity according to (1) No. 3 can only be asserted by the owner of 
the conflicting right.  
(3) The reason for invalidity according to (1) No. 4 can only be asserted by the person 
who is entitled to the right to the design . 
(4) If one of the grounds for invalidity of (1) only applies to part of the list of goods, th e 
list shall be restricted accordingly.  
(5) If one of the grounds for invalidity of (1) No. 2 applies only partially, the design  may  
be partially declared invalid, provided i t retains its identity.  The partial annulment and 
retention of the design right can be made dependent on the submission of changed 
documents by the design owner, which can also include a voluntary restriction 
(disclaimer).  
(6) The legally binding declarati on of invalidity  takes retroactive effect to the day on 
which the design has been  registered.  If the design right  is declared null and void in 
accordance with (1) No. 3, the second sentence of § 48 (3) of the Patent Act 1970 shall 
apply mutatis mutandis.  
(7) A right to a design can be declared null and void even after it has expired or has been 
waived.     
 
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§ 24. [Repealed]  
Deprivation  and transfer of designs  
§ 25.  (1) Anyone who claims to be entitled to the right to the design may , instead of a 
declaration of invalidity pursuant to § 23, (1) No. 4, request that the owner of the design 
will be deprived of the design  right  and the design right transferred to the appl icant  of 
the request . Until the decision becomes final, the owner of the design  can only waive the 
design  with the consent of the applicant.  
(2) If the reason for deprivation  (1) only applies to part of the list of goods, the design 
right is only partially  revoked or transferred.  
(3) Claims against the design owner in good faith shall expire within three years from the 
date of entry in the Design register.  § 49 (4), (6) and (7) of the 1970 Patent Act shall apply 
mutatis mutandis.  
IV. JURISDICTION AND PROCED URE  
General  
§ 26. (1) Unless otherwise specified in this Federal Act, the Patent Office is competent  for 
taking decisions  and for other matters relating to design protection.  In the Patent Office, 
the member of the legal department entrusted with these mat ters, is appointed to this 
end based on the plan for allocation of duties , unless matters  are reserved for the 
President or the Cancellation  Department.  
 (2) §§ 52 to 56, 57 (2), §§ 57b, 58, 60, 61, 64, 66 to 69, 76 , 79, 82 to 86 and 126 to 137 of 
the Patent Act 1970 apply mutatis mutandis.  
Authorized Employees  
§ 27. (1) By decree of the President, employees , who are not members of the Patent 
Office , may  be authorized to deal with matters of the Legal Department which are to be  
designated according to the nature of the matter, provided this is expedient due to the 
simplicity of the execution and the training of the authorized employees provides a 
guarantee for proper execution.  They  are bound by the instructions of the responsib le 
member of the Legal Department.  The latter  may  reserve the right to carry out tasks at 
any time or draw  them to itself.  
(2) § 76 of the 1970 Patent Act shall apply mutatis mutandis to authorized employees.  
(3) The decisions  of the employees authorized a ccording to (1) can be challenged like 
those of the responsible member.     
 
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§ 28.  [Repealed ] 
Proceedings before the Cancellation Department  
§ 29. (1) On requests  for recognition of a previous user right ( § 5 (5)), naming as 
designer/ creator ( § 8 (4)), annulment ( § 23), de privation  and transfer ( § 25) and 
determination ( § 39) the Cancellation  Department decides through a legally qualified 
member.  
(2) The Cancellation Department holds hearings in regard to  the requests  and claims 
mentioned in (1) in analogous application of §§ 112 (2) to 114a, § 115 (2) to (4) , § 116 (2) 
to (5), §§ 117 to 120 and §§ 122 to 125 of the Patent Act 1970. Oral proceedings, 
however, are only to be scheduled , if they are deemed necessary by the responsible 
member or if requested by one of the parties.  
(3) If the owner of the design does not submit a reply to a request  for a complete 
declaration of nullity of the design ( § 23) within the period granted to him i n accordance 
with (2) in conjunction with § 115 (2) of the Patent Act 1970, the Cancellation  Department 
shall declare the design null and void.  
§ 30. [Repealed ] 
Inspection of  files  and data protection  
§ 31. (1) Those involved in a procedure are entitled to  inspect the files relating to the 
procedure.  
(2) Anyone may inspect files relating to registered designs.  
(3) Third parties are only permitted to inspect files relating to non -registered designs 
with the consent of the applicant.  Consent is not required f or those against whom the 
applicant has referred to his design  application.  
(4) The right to inspect files also includes the right to make copies.  These are to be 
certified by the Patent Office upon request.  
(5) Information and official confirmations about  when, by whom and, if applicable, by 
which representative a design  was registered, whether it is a registration of a secret 
design , which file number the application  carries  , which priority is claimed, which file 
number the priority application  carries , for which products the design  is intended (list of 
goods), if applicable who is named as the creator, whether the application is still being 
processed, and whether and to whom the rights arising from it have been transferred, 
are to be  given to everyone.     
 
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(6) Consultation minutes and parts of the files only relating to the internal course of 
business are excluded from inspection.   
(7) Insofar as personal data is processed in the Design register or in electronic 
information services of th e Patent Office accessible by the public there is no  
1. right to information in accordance with Article 15(1)(c) of Regulation (EU) 
2016/679 on the protection of natural persons with regard to the processing of 
personal data and on the free movement of such data, and repealing of Directive 
95/46/EC (General Da ta Protection Regulation), OJ No. L 119 of 04.05.2016 p. 1 in 
the version of correction OJ No. L 314 of 22.11.2016 p.  72, (hereinafter: GDPR),  
2. notification obligation according to Art 19 second sentence GDPR,  
3. right to restriction of processing accord ing to Art. 18 and no right to object in 
accordance with Ar t. 21 GDPR, whereby the persons concerned have to be 
informed about this in a suitable manner.  
The right to receive a copy of this data according to Art. 15 (3) GDPR is fulfilled by the 
fact that t he person concerned may inspect the Design Register or consult the publicly 
accessible electronic information services of the Patent Office.                                                          
 
Representative s 
§ 32. (1) Anyone who intervenes as a repre sentative in matters of design protection 
before the Patent Office shall  be domiciled in Austria ; however, the professional 
regulations apply to lawyers, patent attorneys and notaries.  The representative shall  
demonstrate his authorization by means of a written power of attorney, which has to  be 
submitted in original or in a duly certified copy.  If several persons are authorized, each 
individual is authorized to represent alone.  
(2) If a lawyer, patent attorney  or notary intervenes, the appeal to the authorization 
granted to him replaces its documentary evidence.  
(3) If a representative intervenes without a power of attorney or, in the case of (2), 
without invoking the authorization granted to him, the procedura l act performed by him 
is only effective on the condition that he submits a proper power of attorney or invokes 
the authorization granted to him.  
(4) Anyone who has neither domicile nor branch office in Austria  may  only assert rights 
under this Federal Law before the Patent Office if he has a representative who meets 
the requirements of (1). He can only assert these rights before the Cancellation  
Department of the Patent Office if he is represented by a lawyer, patent attorney or 
notary.  If the place of res idence or branch is in the European Economic Area  (EEA)  the 
appointment of an authorized recipient resident in Austria  is sufficient to assert rights    
 
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under this Federal Law. The requirement of main residence in Austria does not apply to 
citizens of EEA con tracting states, if service is ensured by international treaties with the 
contracting state of the residence  of the authorized recipient or in another way.   
 (5) The authorization granted to a lawyer, patent attorney or notary to represent before 
the Paten t Office authorizes him by law to assert all rights under this Federal Law before 
the Patent Office and – insofar he/she is authorized to do so  by law  - before the 
appellate authorities , in particular to file and withdraw  applications for  designs,  waive 
registered designs , to submit and withdraw requests  to be dealt with by the Cancellation  
Department, as well as to conclude settlements, to accept notifications of all kinds as 
well as official fees and the proce dural  and representation costs to be reimbursed by an 
opponent and to appoint a substitute . 
(6) The authorization pursuant to (5) may be limited to a specific property right and to 
representation in a specific procedure.  However, it is not canceled either by the death of 
the principal or by a change in his or her ability to act.  
(7) Should a representative who is not a lawyer, patent a ttorney or notary also be 
authorized to waive a registered design  in whole or in part, he must be expressly 
authorized to do so.  
   
Austrian Design Gazette  
§ 33. The Patent Office shall issue a periodically published official Design  Gazette in 
which, in pa rticular, publications pursuant to § 17, publications on the end of design 
protection, partial waivers, changes to the company name and the person of the design  
owner as well as those publications which are to be included in accordance with § 26 (2) 
in ana logous application of §§ 128 and 133 (3) of the Patent Act 1970.  
 
V. DESIGN RIGHT INFRINGEMENTS  AND REQUESTS FOR DECLARATION  
Design Right Infringements  
§ 34.  Anyone who has been violated in his design right  has the right to omission, 
removal, publication of the judgment, reasonable remuneration, compensation, 
surrender of the profit, invoicing and the right to information about the origin and the 
distribution channel.  Anyone who has to worry about such a vio lation has the right to 
omission.  §§ 147 to 154 of the 1970 Patent Act apply mutatis mutandis.     
 
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§ 35. (1) Anyone who violates a design right is to be punished by the court with a fine of 
up to 360 daily rates.  Anyone who commits the act on a commercial basi s is punished 
with a prison sentence of up to two years.  
(2) Likewise, the owner or manager of a company who does not prevent a design  
violation committed by an employee or agent in the company is to be punished.  
(3) If the owner of the company according t o (2) is a company, a cooperative, an 
association or another legal entity not belonging to physical persons, (2) shall apply to 
the organs if they are guilty of such an omission to have.  
(4) (1) does not apply to employees or agents who have carried out th e act on behalf of 
their employer or client, provided that they could not be expected to refuse to carry out 
these acts due to their economic dependency.  
(5) The persecution only takes place at the request of the injured party.  
(6) §§ 148, 149 and 160 of t he Patent Act 1970 apply mutatis mutandis to criminal 
proceedings.  
§ 36. The court of first instance shall send the Patent Office a copy of every judgment in 
which the validity or effectiveness of a design right has been assessed, with the 
confirmation of the status “legally binding”  for integration in  to the design  files.  Such a 
judgment must be indicated in the Design  register (§ 21).  
§ 37. Anyone who designates products in a manner that is suitable to create the 
impression that they enjoy design protection must, on request, provide anyone with 
information on which design right the designation is based on.  
§ 38. (1) The Commercial Court of V ienna is exclusively competent  for lawsuits and 
interim injunctions under this Federal Law. 
(2) Jurisdiction in criminal matters according to this Federal law is vested in the Regional 
Court for Criminal Matters Vienna.  
Requests for declarations  
§ 39. (1) Anyone who manufactures, markets, sells or uses a product or intends to take 
such measures , by opposing the  owner of a protected design or the owner of  an 
exclusive license  at the Patent Office , may  request  a declaration that the product does 
not fall unde r the design right , neither in whole nor in part.  
(2) The holder of a protected design or an exclusive license may apply to the Patent 
Office for a declaration that the product is wholly or partially covered by the design right     
 
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against someone who manufact ures, markets, sells or uses a product or who intends to 
take such measures.  
(3) Requests  pursuant to (1) and (2) shall be rejected if the respondent proves that 
infringement proceedings previously pending between the same parties, which concern 
the same design right  and the same product, are still pending or have been concluded  
legally binding . 
(4) The application c an only refer to a single design right.  A picture of the product in four 
pieces must be submitted with the application;  a copy is to be attached to the final 
decision.  
(5) The costs of the proceedings are to be borne by the applicant if the opponent has no t 
given cause for filing the request  by his behavior and has recognized the claim within 
the deadline set for him to reply.  
 
VI. THE HIGHER REGIONAL COURT VIENNA AND THE SUPREME  COURT AS APPEAL 
INSTITUTIONS  
A. Appeal  (recourse)  against decisions of the Leg al Department of the Patent 
Office  
Appeal  (recourse)  
§ 40.  (1) Decisions /resolutions  of the L egal Department may be contested by  appeal  
(recourse) to the Higher Regional Court of Vienna.  
(2) No legal remedy is admissible against preparatory acts of the competent member in 
preparation of a decision /resolution  of the L egal Department.  
 
Proceedings  
§ 41.  The provisions of the Ausserstreitgesetz (AussStrG) , Federal Law Gazette I No. 
111/2003 shall apply to the appeal procedure, with the exception of Sections 44  and 49 
AussStrG  and the following special features:  
1. References in the AussStrG to the court of first instance apply as references to the 
Legal Department.  
2. The appeal period and the  period for responding to the appeal are two months;  they 
are not extendable . 
3. New facts or evidence may only be presented to support or refute the facts and 
evidence presented in good time in the first instance.     
 
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4. If an appeal submitted in good time sh ows deficiencies, the competent  member must 
set the appellant a deadline for improvement.  Appeals submitted belatedly or appeals 
that are not corrected within the specified period shall  be rejected by the competent 
member . Appeals against decisions  of the authorized employee are to be rejected by the 
competent  member.  
5. Resolutions in accordance with § 50 of the AussStrG  are to be adopted by the 
competent member having adopted the contested resolution . If the resolution/ decision 
has been made by the authorized employee, the competent  member has to adopt  a 
decision.  
6. § 51 (1) AusStrG is to be applied with the proviso that the files relating to the matter 
are to be submitted with an explanatory report, if necessary.  
7. Th e parties have to bear the costs of the proceedings themselves.   
8. Appeal decisions of the appeals court are to be served by the appeals court.  
 
Revision appeal  
§ 42. (1) A revision appeal is permissible in accordance with § 62 of the AussStrG  against 
a decision of the appeals court issued in the course of the appeal proceedings.  
(2) The provisions of the AussStrG apply mutatis mutandis to the revision appeals 
procedur e with the following special features:  
1. The revision appeal period and the deadline for responding to a  revision  appeal are 
two months;  they are not extendable . 
2. The revision appeal and, if applicable, the application for admission are to be 
submitted to the appeals court;  the rejection according to § 67 Aus sStrG takes place by 
the appeals court.  Except in the case of § 68 (4) No. 2 Aus sStrG, the revision appeal 
response must also be submitted to the appeals court.  
3. The parties have to bear the costs of the proceedings themselves.  
 
B. Appeal against resolutions and decisions of the Cancellation  Department of the 
Patent Office  
 
Appeal  
§ 43.  (1) The final decisions of the Cancellation  Department of the Patent Office may be 
contested by  appeal to th e Higher Regional Court of Vienna.  
(2) The provisions of the Zivilprozessordnung ( ZPO ) apply mutatis mutandis to the 
appeal procedure, with the exception of § 461 (2) ZPO and the following special features:  
 
1. References in the ZPO to the court of first i nstance apply as references to the 
Cancellation Department .    
 
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2. The deadline for appeal and the deadline for responding to the appeal are two 
months;  they are not extendable . 
3. If an appeal submitted in good time shows deficiencies, the competent legal  member  
of the Cancellation Department  must set the appeal applicant a deadline for 
improvement.  If the deficiencies are corrected within the deadline, the appeal is deemed 
to ha ve been submitted in good time.  
4. Appeal decisions of the court of appeal are to be served by the court of appeal.  
 
Recourse  
§ 43a. (1) No legal remedy is permitted against preparatory acts of the competent legal 
member . Subject to (2), there is no separa te legal remedy against the resolutions of the 
Cancellation Department  made in the course of the preliminary proceedings or the 
hearing; they can only be challenged with an appeal, provided that they had an influence 
on the final decision.  
(2) An appeal to  the Higher Regional Court of Vienna is admissible against interruption 
resolutions, resolutions rejecting an appeal, resolutions pursuant to § 130 (2) and 
resolutions on claims under the Gebührenanspruchsgesetz (F ee Claims Act ). Resolutions 
of the appella te court may  be contested by appeal to the Supreme Court in accordance 
with § 519 ZPO.  
(3) The provisions of the ZPO apply mutatis mutandis to the appeal procedure with the 
following special features:  
1. References in the ZPO to the court of first instance  apply as references to the 
Cancellation Department . 
2. Appeals in accordance with (2), first sentence, are to be submitted to the Cancellation  
Department, appeals in accordance with (2), second sentence, are to be submitted to 
the Court of Appeal.  
3. If a n appeal submitted in good time according to (2), first sentence, shows 
deficiencies, the competent legal member  of the Cancellation  department , must set the 
appellant a deadline for improvement.  If the deficiencies are corrected within the 
deadline, the appeal is deemed to have been filed on time.  
4. Appeal decisions of the appeals court are to be served by the appeals court.  
 
Revision and revision appeal  
§ 43b. (1) Revision  against judgments of the appellate court is permissible in accordance 
with § 502 ZPO , against resolutions of the revision court revision appeal in accordance 
with § 528  ZPO.     
 
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(2) The provisions of the ZPO apply to the rev ision procedure with the following special 
features:  
1. The revision deadline and the deadline for the revision response are two 
months;  they are not extendable . 
2. The revision  is to be submitted to the court of appeal.  The references to the trial court 
of first instance are deemed to be references to the court of appeal, with the exception 
of those relating to the remittal to the first instance.  Except in the case of § 507a, (3), 
Item 2 of the ZPO, the revision response must also be submitted to the appel late court.  
(3) The provisions of the ZPO apply mutatis mutandis to the revision appeal procedure, 
with the proviso that the revision appeal must be submitted to the appeals court.  
C. Common Provisions  
Legal aid  support  
§ 43c.  Legal aid support for an appeal procedure according to this main part is to be 
applied for at the Patent Office.  The Cancellation Department  has to decide on the 
application for approval of legal aid support through a resolution by one of the 
chair persons . § 7 (2) AussStrG , § 63, 64, 66 to 73  ZPO and § 45 RAO, RGBl.  No. 96/1868, 
are to be applied with the proviso that references to the court count as references to the 
Cancellation Department . Instead of the appointment of a lawyer, the appointment of a 
patent attorney for th e appeal proceedings before the Higher Regional Court of Vienna 
can also be granted.  Appeals against the decision can be filed within two weeks.  
Delivery, representation, entry into the proceedings, inspection of files  
§ 43d.  (1) The delivery of documents by the Patent Office in appeal proceedings under 
this main part takes place in accordance with §§ 85 and 86  of the Patent Act 1970 . 
(2) Patent attorneys and notaries are also authorized to represent in proceedings before 
the Vienna Higher Regional Court.  Appeal to the power of attorney replaces its 
documentary evidence.  
(3) In multi -party proceedings, the acquirer of a right in dispute can also enter the 
proceedings without the consent of the opponent.  
(4) § 31 shall apply mutatis mutandis to the inspection  of files in appeal proceedings 
under this main part.  
Composition of the Senate s    
 
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§ 43e. § 146 (1) and (4) auf the Patent Act 1970 shall apply mutatis mutandis to the 
composition of senates at the Higher Regional Court of Vienna.  
 
VII. COMMUNITY DESIGNS  
§ 44a.  Applications for Community designs can be submitted to the Patent Office in 
accordance with Article 35 (1) (b) of Regulation (EC) No. 6/2002.  The Patent Office notes 
the date of receipt on the application and forwards the docu ments unchecked to the 
European Union Intellectual Property Office (EUIPO)  in Alicante within the period of two 
weeks provided for in Art. 35 (2) of this regulation.  
§ 44b.  (1) The Community Design Court of First Instance within the meaning of Article 80 
(1) of Regulation (EC) No. 6/2002 is the Vienna Commercial Court.  In cases in which the 
Community Design Court has jurisdiction over actions, it also has exclusive jurisdiction 
over interim injunctions.  
(2) Jurisdiction in criminal matters pertaining to com munity designs is vested in  the 
Regional Court for Criminal Matters Vienna.  
 
VIII. TRANSITIONAL AND FINAL PROVISIONS  
Transitional provisions  
§ 44c.  (1) §§ 1, 2, 3, 12 (1), §§ 24, 25, 29 and §§ 1, 2, 3, 12  (1), §§ 24, 25, 29 and 44 (3) in the 
version applic able before Federal Law Gazette I No. 81/2003 came into force  continue to 
apply to applications for designs and registered designs, having a date of application 
before the aforementioned Federal Law came into force . §§ 2a and 23 in the version of 
the afore mentioned federal law do not apply to these design  applications and registered 
designs . 
(2) For proceedings for the official declaration of cancellation  which were initiated before 
the aforementioned federal law came into force, § 23 in the version applicable before 
the aforementioned Federal Law came into force shall continue to apply.  
(3) If actions could not be prevented prior to the entry into force of the Federal Law, 
Federal Law Gazette I No. 81/2003 on the basis of §§ 4 and 5 in the version applicable 
before the entry into force of the aforementioned Federal Law, rights from the design   in 
accordance with the Sections 4 to 5 in the version of the aforementioned federal law are 
not asserted in order to prevent a continuation o f such actions by a person who began 
these actions before the date on which the aforementioned federal law came into force.     
 
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§ 44d.  (1) § 150 (3) of the 1970 Patent Act in the version that was in effect before Federal 
Act Gazette I No. 149/2004 came into force shall continue to apply mutatis mutandis to 
legal actions deposited  before the aforementioned Federal Act came into force.  
(2) For applications  submitted before the Federal Act, Federal Law Gazette I No. 
149/2004, came into force, § 40 in the version applicable before the aforementioned 
Federal Law came into force shall continue to apply.  
(3) For applications submitted before the Federa l Law Gazette I No. 149/2004 came into 
force, Section 42 Paragraphs 1, 2 and 3 first sentence in the version applicable before 
the Federal Law came into force shall continue to apply.  For requests for reinstatement 
submitted before the entry into force of the aforementioned Federal Law , § 132 (1) and 
(3) of the Patent Act 1970 in the version applicable before the cited federal law came into 
force shall continue to be applied mutatis mutandis.  
(4) For designs whose term of protection ends before the Federal Law Gazette I No. 
149/2004 comes into force, § 41 shall continue to apply in the version applicable before 
the aforementioned Federal Law came into force.  This also applies to designs  whose 
term of protection ends after the aforementioned federal law comes  into force, but for 
which the renewal fee is duly paid before the aforementioned federal law comes into 
force.  
(5) § 176b of the Patent Act 1970 and § 4 Verwaltungsgerichtsbarkeits -Übergangsgesetz, 
Federal Law Gazette I No. 33/2013 apply mutatis mutandis.   
Final provisions  
§ 45. The federal statutory provisions named in this federal act are to be applied in their 
currently valid version.  
§ 45a.  For all personal designations used in this federal act, the chosen form applies to 
both genders.  
§ 46. (1) This Federal Act comes into force on January 1, 1991.  
(2) Ordinances on the basis of this federal law in its respective version may already be 
issued from the day following the publication  of the federal law to be 
implemented;  however, they may not come in to force before the statutory provisions to 
be implemented.  
(3) With the entry into force of this federal law, the following expire:  
1. the Design  Protection Act 1970, Federal Law Gazette No. 261,     
 
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2. the ordinance of the Federal Ministry for Trade and Re construction of November 11, 
1959 on certain requirements for the deposit of designs , Federal Law Gazette. No. 255,  
3. the ordinance of the Federal Minister for Trade, Commerce and Industry of November 
11, 1969 on the establishment of design  depository off ices and on proof of the right of 
priority ( design  ordinance), Federal Law Gazette No. 387.  
(4) The legal provisions repealed in accordance with (3) shall, however, continue to be 
applied to designs  that were deposited before January 1, 1991.  
(5) § 40 (1),  Article 41 (1), § 42 (1) and § 43 (1) as amended by Federal Law Gazette I No. 
143/2001 come into force on January 1, 2002.  
(6) § 1, the heading of § 2, §§ 2, 2a, the heading of § 2b, §§ 2b, 3, 4, the heading of § 4a, §§ 
4a, 5 (1), the heading of § 5a, §§ 5a, 6, the heading of § 11, §§ 11, 12, 16 Paragraph 1, §§ 
17, 20 Paragraphs 1 and 2, §§ 20a, 21, the heading of § 23, § 23, the heading of § 25, § 25 
(1), § 26 (2), §§ 29, 31 (2) and (3), § 32 (1), (4), (5) and (7), § 41 (1) of Section VII, the 
designation of Section VIII, §§ 46a and 48 in the version of the Federal Law, Federal Law 
Gazette I No. 81/2003, come into force on the day following the publication  of the 
aforementioned Federal Law.  At the same time, the headi ng of § 12, § 24 including the 
heading and § 44 (3) are no longer in force.  
(7) The ordinance of the Federal Minister for Economic Affairs on the establishment of 
design  registration offices ( Design  Registration Office Ordinance MAStV), Federal Law 
Gazette  No. 715/1990, ceases to apply when Federal Law Federal Law Gazette I No. 
81/2003 comes into force.  However, the legal provisions are still to be applied to designs  
that were registered before the aforementioned federal law came into force.  
(8) § 20 (2), § 25 (3), § 26 (2), the heading of § 27, §§ 27, 28 (1 to 7), § 30 (2), (4) and (5), § 
32 (2), §§ 34, 35, the heading of Section VIII, the heading of § 44c, §§ 44c, 44d, the 
heading of § 45, §§ 45a and 47 item 3 in the version of the Federal Law, Federal Law  
Gazette I No. 149/2004 come into force at the beginning of the seventh month following 
the publi cation  of the aforementioned federal law.  At the same time, § 28 (5),  Section  VI 
and § 47 no.3 in the version currently in force no longer apply.  
(9) § 35 (3) as amended by Federal Law Gazette No. 151/2005 comes into force on 
January 1, 2006.  
(10) §§  26, 27 (2), the heading of § 29, § 29 (2), § 32 (1) and (4) to (5), the heading of 
Section VI, §§ 40 to 43e with headings, § 44d (5) and § 47  No. 2 in the version o f the 
Patent and Trademark Law Amendment Act 2014, Federal Law Gazette I No. 126/2013 
come into force on January 1, 2014. At the same time§ 28 with heading and § 30 in the 
version currently in force no longer apply.     
 
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(11) § 20 (3) and § 22 in the version of Federal Law, Federal Law Gazette I No. 124/2017, 
enter into force on the day following the publication of the aforementioned Federal Law.  
(12) The heading of § 31 and § 37 (2) in the version of Federal Law, Federal Law Gazette I 
No. 37/2018 (2. Materien -Datenschutz -Anpassungsgesetz) enter into force on May 25, 
2018.  
§ 46a.  § 20 (3) as amended by Federal Law Gazette I No. 131/2005 comes into force on 
January 1, 2006.  
§ 46b. § 26 (2) as amended by  Federal Law, Federal Law Gazette  I No. 71/2016 comes  into 
force with the first day of the tenth month following the publication of the 
aforementioned Federal Law.  
§ 47. The following persons are entrusted with the implementation of this Federal Act:  
1. with regard to § 25 (2) in conjunction with § 49 (4) o f the Patent Act 1970 and with 
regard to §§ 34 to 38 in conjunction with §§ 148 to 154 and 160 of the Patent Act 1970 
the Federal Minister of Justice,  
2. with regard to § 26 (2) in conjunction with § 126 of the Patent Act 1970 and with 
regard to §§ 40 to 4 3e the Federal Minister for Traffic, Innovation and Technology  and 
the Federal Minister of Justice , 
3. with regard to all other provisions of this Federal Law, the Federal Minister for 
Economic Affairs.  
§ 48. This federal law implements Directive 98/71 / EC of the European Parliament and 
of the Council of October 13, 1998 on the legal protection of designs, OJ No. L 289 of 
October 28, 1998, page 28.