WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/IIDEUID/1/ Add.5 
7 June 2005 
(05-2325) 
Original: English! 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
GERMANY 
Addendum 
The present document reproduces the textl of the Law Reforming the Law Concerning 
Industrial Design of 12 March 2004, as notified by Germany under Article 63.2 of the Agreement by 
means of a communication from its delegation dated 12 May 2005. 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFIEES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
ALLEMAGNE 
Addendum 
Le present document contient le textel de la Loi du 12 mars 2004 portant refonne de la Loi 
concernant les dessins et modeles industriels, notifiee par l'Allemagne au titre de l'article 63:2 de 
l'Accord au moyen d'une communication de sa delegation datee du 12 mai 2005. 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
ALEMANIA 
Addendum 
En el presente documento se reproduce el textol de la Ley de Reforma de la Ley de Derecho 
de Autor sobre los Dibujos y Modelos Industriales, de 12 de marzo de 2004, que Alemania ha 
notificado en virtud del parrafo 2 del articulo 63 del Acuerdo mediante una comunicacion de su 
delegacion de fecha 12 de mayo de 2005. 
1 In English only.lEn anglais seulement.lEn ingles solamente. IPINIlIDEUID!lI Add.5 
Page 2 
Law Reforming the 
Law Concerning Industrial Design 
(Industrial Design Reform Law)* 
The Bundestag has passed the following law: 
Article 1 
Law Concerning Copyright in Industrial Design 
(Industrial Design Law -GeschmMG) 
Contents 
Part 1 
Requirements for Protection 
§ l' Definitions 
§ 2 Industrial Design Protection 
§ 3 Exclusion from Industrial Design Protection 
§ 4 , Component Parts of Complex Products 
§ 5 Disclosure 
§ 6 Novelty Period of Grace 
Part 2 
Entitied Persons 
§ 7 Right to Industrial Design 
§ 8 Forma! Entitlement 
§ 9 Claims Against Non-Entitled Persons 
§ 10 Designation of Designer 
§ 1 f Filing of Application 
§ 12 Multiple Application 
§ 13 Date of Application Part 3 
Registration Proceedings 
:~nicie 1 of this statute is the impiementation of Directive 98!71!EC of the European Parliamen~ and eT 
~:-,e COL:nc:i or . 3 OC:ODe' ~ 998 on the legal protsctioli of designs § 14 Foreign Priority 
§ 15 Exhibition Priority 
§ 16 Examination of the Application 
§ 17 Further Processing of the Application 
§ 18 . Grounds for Non-Registration 
§ 19 Maintenance of Register and Registration 
§ 20 Publication 
§ 21 Deferral of Publication 
§ 22 Inspection of the Register 
§ 23 Provisions on Proceedings and Appeals . 
§ 24 Legal Aid for Costs of Proceedings 
§ 25 Electronic Document 
§ 26 Ordinance Authorizations 
Part 4 
Creation and Term of Protection 
§ 27 Creation and Term of Protection 
§ 28 Maintenance 
Part 5 
Design Patent as an Object of Property 
§ 29 . Legal Succ~ssion 
. . 
§ 30 Rights in Rem, Levy of Execution, Insolvency Proceedings 
§ 31 License 
§ 32 Effect of Application for Industrial Design 
Part 6 
Invalidity and Cancellation 
§ 33 Invalidity 
§ 34 Conflict with Other Proprietary Rights 
§ 35 Partial Maintenance 
§ 36 Cancellation IPIN/1IDEUID/1 I Add.5 
Page 3 IPINIlIDEUID!l! Add.S 
Page 4 
§ 37 Subject of Protection Part 7 
Effects of Protection and 
Limitations on Protection 
§, 38' Rights Conferred by the Industrial' Design and Scope of Protection 
§ 39 . Presumption of Legal Validity 
§ 40 Limitation of Rights Conferred by the Industrial Design 
§41 Prior Use Right 
Part 8 
Infringements 
§ 42 Abatement, Injunction'; and Damag~s 
§ 43 Destruction and Surrender 
§ 44 Liability of the Owner of a Commercial Enterprise 
§ 45 Compensation 
§ 46 information 
§ 47 Publication of Judgment 
§ 48 Exhaustion 
§ 49 Limitation of Actions 
§ 50 . Claims Arising from Other Statutory Provisions 
§ 51 Criminal Provisions 
Part 9 
Proceedings in Industrial Design Lawsuits 
§ 52 Industrial Design LaWSUIts 
§ 53 Jurisdiction for Claims Pursuant to this Statute 
and the Act Against Unfair Competition 
. § 54 Assistance Hegarding Value of the Claim 
Part 10 
Provisions Concerning 
,Measures by Customs Authorities 
§ 55 Seizure upon Importing and Exporting 
§ 56 Confiscation, Objection 
§ 57 Jurisdiction, Appeals Part 11 
Special Provisions 
§ 58 Domestic Agent 
§ 59 Pretension to Industrial Design 
§ 60 Industrial Design Pursuant to the Law on the 
Extension of Industrial Property Rights 
§ 61· Typographical Typefaces 
Part 12 . 
Community Designs 
§ 62 Forwarding of Application 
§ 63 Lawsuits Concerning Community Designs 
§ 64 Issuance of Writ of Executiofl 
§ 65 Punishable Infringement of a Community Design 
Part 13 
Transitional-Provisions 
§ 66 Applicable Law 
§ 67 Limitation of Rights· IP/N/lIDEUIDI 11 Add.5 
Page 5 IP /N/lIDEUIDIlI Add.S 
Page 6 
Part 1 
Requirements for Protection 
§ 1 
Definitions 
For the purpose of this statute: -
1 "design" means the two or three-dimensional appearance of the whole or a 
part of a product resulting from the features of, in particular, the lines, 
contours, colors, shape, texture, or materials of the product itself or -its 
ornamentation; 
2. "product" means any industrial or handicraft item, including packaging, get-up, 
graplYic symDols·, ana-t~rpograpnit typefaces,as weTr as··paFts· TfllenBea-t6 De 
assembled into a complex product; El computer program is not a product; 
3. "complex product" means a product that is composed of multiple components 
that can be replaced, so that the product can -be disassembled and 
reassembled; _ 
4. "normal use" means use by the end user, excluding maintenance, service, or 
repair work; 
5. "right holder" means the registered owner of the industrial design. 
§2 
industrial Design Protection 
(1) A design that is new and has individual character shall be protected as an 
industrial design. 
(2) A design shall be considered new if no identical design has been disclosed 
prior to the date of application. _ Designs shall be deemed to be identical if their 
features differ only in immaterial details. 
(3) A design shall be considered to have individual character if the overalf 
impression it produces on the informed user differs from the overall impression 
produced on such a user by another design that has been disclosed prior to the date 
of application. In assessing individual character, the degree of freedom of the 
designer in developing the design shall be taken into consideration_ §3 
Exclusion from Industrial Design Protection 
(1) Excluded from industrial design protection are: IPIN/1IDEUID/l/ Add.S 
Page 7 
1. features of products that are solely dictated by their technical function; 
2 .. features of products that must necessarily be reproduced in their exact form and 
their exact dimensions in order to permit the product in which. the design is 
incorporated or to which it is applied to be mechanically connected to or placed in, 
a~ound, or against another product so that either product may perform its function; 
3. designs that are contrary to public policy or to accepted principles of morality; 
4. designs that constitute an improper use of any of the items listed in Article 6 of the 
Paris Convention for the Protection of Industrial Property; or of other badges, 
emblems, and coats of arms that are of public Interest. 
(2) Features within the meaning of paragraph (1) no. 2 are not excluded from 
industrial design protection if they serve the purpose of enabling the assembly or 
connection of a number of interchangeable parts within the component system. 
§4 
Component Parts of Complex Products 
A design that is, uses, or is incorporated into a component part of a complex product 
shall only be considered new and to have individual character if the component part 
that is incorporated into a complex product remains visible during its normal use and 
·these visible features of the component part themselves fulfill the requirements of 
novelty and individual character. 
§5 
Disclosure 
A design is disclosed if it has been announced, exhibited, used in trade, or in some 
other way made available.to the public, except Where this could not have become 
known in the normal course of business among the experts in the sector concerned 
prior to the date of filing the industrial design application. A design shall not be 
considered disclosed if it has only been disclosed to a third party under the explicit or 
implicit condition of confidentiality. IPINI 1 IDEUIDI 1/ Add.5 
Page 8 
§ 6 
Novelty Period of Grace 
Disclosure shall not be taken into consideration for the purpose of applying § 2 para. 
2 and 3 if a design is made available to the public during the twelve months prior to 
the date of application by the designer, his successor in title, or a third party as a 
result 'Of information oroacts by the designer or his successor in title. The same 
applies if the design is made available to the public as the result of a wrongful act in 
regards to the designer or his successor in title. . 
Part 2 
Entitled Persons 
§7 
Right to Industrial Design 
(1) The designer or his successor in title are entitled to the right to the industrial 
design. If several persons have created a design jointly, the right to the industrial 
design shall vest in them jointly. . 
(2) If a design is created by an employee in the execution of his duties or. 
pursuant to instructions by his employer, the employer has the right to the industrial 
design to the extent no other agreement has been made. 
§8 
. Formal Entitlement 
In proceedings involving industrial designs, applicants and right holders are 
considered entitled and obligated. 
§9 
Claims Against Non-Entitled Persons 
(1) If ·an industrial design is registered in the name ofa person not entitled 
pursuant to § 7,· the entitled person may demand the assignment of the industrial 
design or approve its cancellation, without affecting any other claims. A person who 
is not registered as a right holder when there are more than one may demand the 
granting of his joint ownership. 
(2) Claims pursuant to paragraph (1) may only be asserted by a lawsuit within 
three years of publication of the industrial design. The foregoing does not apply if the IPINIlIDEUIDI1/ Add.5 
Page 9 
right holder acted in bad faith in regards to the application for, or an assignment of, 
the industrial design. 
(3) As to a complete change of rights ownership pursuant to paragraph (1) 
sentence 1, licenses and other rights are cancelled upon application of the entitled 
person in the register .. If the former right holder or a licensee of the industrial design 
exploited or made serious and effective preparations to that end, he can continue this· 
exploitation if he applies far a simple license with the new right holder within one 
month after his application. The license s.hall be granted for a reasonable amount of 
time and upon reasonable conditions .. Sentences 2 and 3 do ,not apply if the right 
holder or licensee acted in bad faith at the time the exploitation began or the 
preparations therefor were made. 
(4) The filing of a court proceeding pursuant to paragraph (2), the final decision in 
this proceeding, as well as any other termination of the proceeding and every 
modification of rights ownership as a consequence· of this proceeding, shall be 
registered in the register for industrial designs ("Register"). 
§ 10 
Designation of Designer 
The designer has the right to be designated as such in regards to the applicant or 
the right holder in proceedings before the German Patent and Trade Mark Office and 
in the Register. ·If the design is the result of joint work, each individual designer may 
demand to be designated. 
Part 3 
Registration Proceedings 
§ 11 
Filing of Application 
(1) The application for registration of an industrial design in the Register shall be 
submitted to the German Patent and Trade Mark Office. The application may also be . 
submitted through a Patent Information Center if the Federal Ministry of Justice 
notified· in the Federal Law Gazette (Bundesgesetzb/att) that this office may accept 
industrial design application filings. 
(2) The application must contain: 
1. an application for registration, 
2. information that ailows the identity of the applicant to be established, 
3, a representation of the deSign that IS suitable for-publication: and IPIN/1IDEUID/l/ Add.S 
Page 10 
4, information regarding the products in which the design is incorporated or to which 
it is intended to be applied. ' 
If an application is made pursuant to § 21 para. 1 sentence 1, the representation may 
be replaced by a two:-dimensional sample. 
(3) The application must conform to further application requirements, which will 
be set forth in an ordinance pursuant to § 26. 
(4) In addition, the application may also contain: 
1. an explanatory description of the representation, 
2. an application for deferral of publication of the representation pursuant to § 21 
para. 1 sentence 1, ' 
3. an index with the class(es) of goods in which the design should be classified, 
4. information regarding the designer(s), 
5. information regarding a representative. 
(5) The information pursuant to paragraph (2) no. 4 and paragraph (4) no. 3 do 
not have any influence on the scope of protection of the design. 
(6) The applicant may withdi8w the application at any time. 
§ 12 
Multipie Application 
(1) A number of designs may be grouped together in a multiple application. The. 
multiple application shall not contain more than 100 designs, which must all belong to 
the same class of goods. 
(2) The applicant may divide a multiple application by a declaration to the 
German Patent and Trade Mark Office. The division does not affect the date of 
application. If the iota I of the fees to be charged for each partial application 
according to the· Patent Costs Act (Patentkostengesetz) would be higher than the 
application fee paid, the difference shall be subsequently paid. 
§ 13 
Date of Application 
(1) The date of application of an industrial design is the date on which the 
dcv"umen-l'a+ion ,,,'Ith the infnrYY'lation nl,rs, 'ant +0--~ 11 para ') 'IS recei"ed 'oy -U'v Lt IVY. IILll illlVllII Ll 't--'UI U I1 l ~ 11 .L I ,v ~ 1. the German Patent and Trade Mark Office, IP/NI1IDEUIDI 1/ Add.5 
Page 11 
2. or a Patent Information Center, if the Federal. Ministry of Justice notiTied in the 
Federal Law Gazette (Bundesgesetzbfatt) that this office may accept industrial design 
application filings. 
(2) If a priority pursuant to § 14 or § 15 is effectively claimed, for the application 
of §§ 2 through 6, § 12 para. 2 sentence 2, § 21 para. 1 sentence 1, § 34 sentence 1 
no. 3, and § 41, the date of priority replaces the date of application. 
§ 14 
Foreign Priority 
(1) An applicant who claims, under an international treaty, the priority of an earlier 
foreign application for the same industrial design shan be required to state the date, 
couritry, and file number of the earlier application within 16 months of the date of 
priority and to submit a copy of the earlier application. The information may be 
. amended within the deadline. 
(2) If the earlier application has been filed in a state with which no treaty exists 
regarding the recognition of priority, the applicant may claim a priority right 
corresporiding to a priority right under the Paris Convention ,to the extent the other 
state, in accordance with a notification by the Federal Ministry of Justice in the 
Federal Law Gazette (Bundesgesetzbfa tt) , affords a right of priority based upon an 
initial application with the German Patent and Trade Mark Office, the conditions and 
content of which are comparable with the priority right under the Paris Convention; 
. paragraph (1) is applicable. . 
(3) If the information under paragraph (1) is timely provided and the copy is timely 
submitted, the German. Patent and Trade Mark Office shall enter the priority in the 
Register. If the applicant first claimed priority after the publication of the application 
of an industrial design or amended information, the publication shall be accordingly 
repeated. If the information pursuant to paragraph (1) is not timely made or the copy 
is not timely submitted, the statement regarding use of the priority is considered as 
not having been provided: The German Patent and Trade Mark Office shall establish 
this fact. 
§ 15 
Exhibition Priority 
(1) If the applicant displayed a design at a national or foreign exhibition, he may 
claim a right of priority from this day forward if the application is filed within a period 
of six months from the first exhibition. IP/N/l/DEU/D/1/ Add.S 
Page 12 
(2) Exhibitions within the meaning of paragraph (1) shall in particular cases be 
notified by the Federal Ministry of Justice in the Federal Law Gazette 
(Bundesgesetzbfatt) regarding the exhibition protection. 
(3) Whoever claims priority pursuant to paragraph (1), within 16 months of the 
date of the first exhibition, shall file information regarding the date and the exhibition 
along with evidence of the exhibition. § 14 para. 3 shall apply mutatis mutandis. 
(4) Exhibition priority pursuant to paragraph (1) does not extend the priority 
deadlines. in § 14 para. 1.. 
§ 16 
Examination of the Application 
(1) The German Patent and Trade Mark Office shall examine whether 
1. the application fees pursuant to § 5 para. 1 sentence 1 of the Patent Costs Act 
'(Patentkostengesetz) and 
2. advance payment on expenses pursuant to § 5 para. 1 sentence 1 of the Patent 
Costs Act (Patentkostengesetz) have been paid, 
3 .. the prerequisites for according the date of application pursuant to § 11 para. 2 
exist, and 
4. the application fulfills the remaining application requirements. 
(2) If the applicqtion is considered withdrawn because of non-payment of the 
application fees pursuant to § 6 para. 2 of the Patent Costs Act 
(Patentkostengesetz) , the German Patent and Trade Mark Office shall establish this 
fact. 
(3) If, in the case of a multiple application, an insufficient payment of fees is not 
subsequently sufficiently paid within a deadline set by the German Patent and Trade 
Mark Office or if there has been no identification by the applicant of which designs' 
should be covered by the fee amount, the German Patent and Trade Mark Office 
shall determine which designs shall be taken into account. As to the remainder, the 
application is considered withdrawn. The German Patent and Trade Mark Office 
shall establish this fact. 
(4) If it is only the advance payment on expenses for the costs of publication that 
are not paid in whole or in part, paragraph (3) shall. be applied mutatis mutandis, 
provided that the German Patent and Trade Mark Office shall reject the application in 
whole or in part. 
(5) In the event of deficiencies as set forth in paragraph (1) nos. 3 and 4, the 
German Patent and Trade Mark Office shall request that the applicant correct the 
established deficiencies within a prescribed deadline. If the applicant complies with 
the request by the German Patent and Trade ~!13rk Office, in cases of deficiencies as IP/N/1IDEUID/1/ Add.S 
Page 13 
described in paragraph (1) no. 3, the German Patent and TradeMark Office ,shall 
accord as the date of application the date on which the deficiencies were remedied 
pursuant to § 13 para. 1. If the deficiencies are .not remedied within the deadline, the 
German Patent and Trade Mark Office shall rejecUhe application by resolution. . 
§ 17 
Further Processing of the Application 
(1) If the industrial design application has been rejected by the German Patent 
and Trade Mark Office after failure to meet a deadline it has set,' the lesolution 
regarding the rejection will become ineffective without the requirement of an express 
revocation" thereof if the applicant applies for further processing of the application and, 
subsequently performs the overdue action. 
(2) The application for further processing shall be filed within the time period of 
one montn aT after service of me resolution regarding the rejection 6fthe inaUslfial 
design application. The overdue act. shall be subsequently performed within this 
deadline. . 
(3) There shall be no reinstatement after failure to meet the deadline pursuant to 
paragraph (2). 
(4) The office that is to make a decision regarding the subsequent performance 
of the act shall decide on the application. 
§18 
Grounds for Non-Registration 
If lhesubJect of the application is not a design within the meaning of § 1 no. 1 or 
. is a design excluded from industrial design protection pursuant to § 3 para. 1 no. 3 or 
no. 4, the German Patent and Trade Mark Office shall reject the application. 
§ 19 
. Maintenance of Register and Registration 
(1) The Register for designs shall be maintained by the German Patent and 
Trade Mark Office. 
(2) The German Patent and Trade Mark Office shall enter information regarding 
the applicant that is required to be entered into the Register, without examination of 
his entitlement to apply or the correctness of the information provided in the 
application and determines which classes of goods shall be registered. IPINI 1 IDEUIDIl I Add.5 
Page 14 
§ 20 
Publication 
Entry into the Register shall be published with a representation of the industrial 
design by the German Patent and Trade Mark Office. It shall take place without any 
responsibility for the .completeness of the representation and the ability to recognize 
the features of the design. The costs of publication shall be charged as expenses. 
§ 21 
Deferral of Publication 
(1) Together. with the application, a ~equestto defer publication of the 
representation by 30 months from the date of application may be made. Where such 
a requestis made, publication shall be limited to entry of the industrial design in the 
Register. 
(2) Protection may. be extended tothe term of protection provided for in § 27 
para. 2 if the right holder pays the fee for extension pursuant to § 5 para. 1 sentence 
1· of the Patent Costs Act (Patentkostengesetz) within the deadline for deferral. To 
the extent the option provided for in § 11 para. 2 sentence 2 is used, a representation 
of the industrial design shall be filed within the deadline for deferral. 
(3) Upon expiration of the deadline for deferral or upon application, publication 
with the representation pursuant to § 20 with a reference to pUblication pursuant to 
paragraph (1) sentence 2 shall be made at an earlier pointin time. 
(4) The term of protection shall end upon the expiration of the deadline for 
deferral if the protection is not extended pursuant to paragraph (2). For indw~trial 
designs that are entered based upon a multiple' application, the subsequent 
publication may be limited to individual industrial designs. . 
§ 22 
I nspection of the Register 
Anyone may inspect the Register. There is a right to view the representation of 
an industrial design and the filesmaiotained by the German Patent and Trade Mark. 
Office regarding the industrial design if 
1. the representation has been published, 
2. the applicant or right holder has consented thereto, or 
3. a legitimate interest has been convincingly substantiated. § 23 
Provisions on Proceedings and Appeals IPINIlIDEUIDI 1/ Add.5 
Page 15 
(1) The German Patent and Trade Mark Office shall make decisions in 
proceedings pursuant to this statute by a legal member within the meaning of § 26 
. para. 1 sentence 2 of the Patent Law (Patentgesetz). For the exclusion and rejection 
of this member of the German Patent and Trade Mark Office, §§ 41 -44, 45 para. 2 
sentence 2, and §§ 47 -49 of the Code of Civil Procedure regarding the exclusion 
and rejection of the court official shall apply mutatis mutandis. To the extent a 
decision is required, another legal member of the German Patent and Trade Mark 
Office who shall be selected by the president of the German Patent and Trade Mark 
Office to generally make decisions of this type shall decide on the sought after 
rejection. § 123 para. 1 through 5 and 7, § 124, and §§ 126 -128 of the Patent Law 
shall apply mutatis mutandis. . 
(2) Proceedings on appeals against decisions by the German Patent and Trade 
Mark Office pursuant to this statute shall be before the Federal Patent Court .. A 
board of appeal of the Federal Patent Court comprised of three legal members shall 
decide on the appeal. §§ 69, 73 para. 2 -4, § 74 para. 1, § 75 para. 1, §§ 76 -80, 
86 -99, 123 para. 1 -5 and 7, § 124, and §§ 126 -128 of the Patent Law 
(Patentgesetz) shall apply mutatis mutandis. 
(3) Proceedings against decisions by the board of appeal regarding an appeal 
pursuant to paragraph (2) shall be heard before the Federal Supreme. Court, if the 
board of appeal has allowed the appeal. §§ 100 paras. 2 and 3, §§ 101 -109, 123 
para. 1 -5 and 7, and § 124 of the Patent Law (Patentgesetz) shall apply mutatis 
mutandis. 
§ 24 
Legal Aid for Costs of Proceedings 
In proceedings pursuant to § 23, upon request, the applicant shall receive legal 
aid for costs of proceedings subject mutatis mutandis to application of §§ 114 -116 
of the Code of Civil Procedure if there is suffiCient prospect of the design being 
entered in the Register. Upon application by the right holder, legal aid for costs of 
proceedings may also be granted as to maintenance fees pursuant to § 28 para. 1 
sentence 1. § 130 par~s. 2, 3, and 5, §§ 133:"-136, and § 138 of the Patent Law 
(Patentgesetz) shall apply mutatis mutandis. 
§ 25 
Electronic Document 
(1) To the extent written form is intended for applications, petitions, or other acts 
before the German Patent and Trade Mark Office and for pleadings and appendices 
thereto, applications and declarations of participants, as well as for information, 
testimony, opinions. and declarations of third parties before the Federal Patent Court IPINIlIDEU/DI 1/ Add.5 
Page 16 
of the Federal Supreme Court, this form is satisfied by recording as an electronic 
document if this is suitable for handling by the German Patent and Trade Mark Office 
or the court. The responsible person shall provide the document with a qualified 
electronic signature in accordance with the Signature Act (Signaturgesetz). . 
(2) The Federal Ministry of Justice shall determine by ordinance that does not 
require approval of the Bundesrat the point in time as of which electronic documents 
may be filed with the German Patent and Trade Mark Office and the courts, as well 
as the suitable form for handling the documents. The admissibility of the electronic 
form may be limited to the German Patent and Trade Mark Office, one of the courts, 
or specific proceedings. . 
(3) An electronic document is filed as soon as the equipment set up for receipt 
thereof at the German Patent and Trade Mark Office or the court has recorded it. 
§ 26 
Ordinance Authorizations 
(1) The Federal Ministry of Justice shall regulate by ordinance that does not 
require the approval of the Bundesrat: 
1. the establishment and business procedures of the German Patent and Trade 
Mark Office as well as the form of proceedings in matters concerning industrial 
designs, to the extent no statutory provisions therefor have been enacted, 
2. the form and other requirements of application and the representation of the 
design, 
3. the admissible dimensions of the sample attached to the application pursuant to § 
11 para. 2 sentence 2, 
4. the contents and scope of any description attached to the application describing 
the representation, 
5. the assignment of the classes of goods, 
6. the maintenance and form of the Register including the facts to be entered into 
the Register, along with details regarding publication,and 
7. the treatment of products accompanying an application for representation of the 
industriaL design upon cancellation ofthe entry in the Register. 
(2) The Federal Minister of Justice shall have the power to entrust, by ordinance 
that does not require the approval of the Bundesrat, officials of the higher and 
intermediate levels as well as comparable employees, with the handling of business 
in proceedings regarding Register matters, which in their form do not involve 
particular legal difficulties. However, excluded from this are: IP INIlIDEUIDIlI Add.S 
Page 17 
1. the establishments and decisions pursuant to § 14 para. 3 sentence 4 and § 16 
paras. 2 -5 for reasons that have been contested by the applicant, 
2. rejection pursuant to § 18, 
3. canceLlation pursuant to § 36, 
4. decisions deviating from the information provided by the applicant (§ 11 para. 4 
no. 3) regarding the classes of goods to be entered into the Register and published, . 
and . 
5. relief from or submission of an appeal (§ 23 para. 2 sentence 3) against a decision 
in proceedings pursuant to this statute. 
(3) As to the exclusion and rejection of a person entrusted in accordance with 
. paragraph (2) sentence 1, § 23 para. 1· sentences 2 and 3 shall apply mutatis 
mutandis. 
(4) The Federal Ministry of Justice may delegate the authorizations pursuant to 
paragraphs (1) and (2) in whole or in part to the German Patent and Trade Mark 
Office by ordinance that doesnotrequire the approval of the Bundesrat. 
Part 4 
Creation and Term of Protection. 
§ 27 
Creation and Term of Protection 
(1) Protection arises upon entry in the Register. 
(2) The term of protection of the industrial design is 25 years from the date of 
application. 
§ 28 
Maintenance 
(1) Maintenance of the protection iseffectuated by payment of a maintenance fee 
for each years 6 -10, 11 -15, 16 -20, and 21 -25 of the term of protectiOn. It shall 
be entered into the Register and published. 
(2) Industrial designs that are entered based upon a multiple application as to 
which only a portion of the maintenance fee is paid without further information shall 
be considered in the order of application. IPIN/1IDEUID/11 Add.S 
Page 18 
(3) If the protection is not maintained, the term of protection shall expire. 
Part 5 
Industrial Design as Object of Property 
§ 29 
, Legal Succession 
(1) The rights in an industrial design may be assigned or transferred to others. 
(2) If an industrial design belongs to a business enterprise or to part of a 
busTness enterprise, in' case of doubt, the indusffiaT design IS eri'compassed by the 
assignment or transfer of the business enterprise or part thereof to which 'the 
industrial design belongs. -
(3) Transfer of the right in the industrial design shall be entered into the Register 
upon 'application of the right holder or his successor in title if it is proven to the 
German Patent and Trade Mark Office. 
§ 30 
Rights In Rem, 
Levy-of Execution; Insolvency Proceedings 
(1) The right to an industrial design may be: 
1. the object of rights in rem, 'specifically, it may be given as security, or 
2. the object of measures for levy of execution. 
(2) The rights set forth in paragraph (1) no. 1 or the measures set forth in 
paragraph (1) no. 2 shall be entered into the Register upon application by a creditor 
or another person entitled to do so, if it is proven to the German Patent and Trade 
Mark Office. 
(3) If the rights in an industrial design are encompassed by insolvency 
proceedings, upon appfication of the bankruptcy trustee or upon request of the 
bankruptcy court, it shall be entered into the Register. In the event of joint ownership 
of an industrial design, sentence 1 shall apply mutatis mutandis to the joint owner's 
share. In the event of self-administration (Eigenverwaftung; § 270 Bankruptcy Code), 
the administrator takes the place of the bankruptcy trustee. § 31 
License' IP /N/11DEU1D111 Add.5 
Page 19 
(1) The right holder may grant licenses for all or a portion of the territory of the 
Federal Republic of Germany. The license may be exclusive or non-exclusive. 
(2) The right holder may invoke the rights conferred by the. industrial design 
against a licensee, who, in regards to: 
1. the duration of the license, 
2. the form of use of the industrial design, 
3. the range of products for which the license is granted, 
4. the territory for which the license is granted, or 
5. the quality of the products manufactured by the licensee, 
violates a provision of the license agreement. 
(3) Notwithstanding the provisions in the license agreement, the licensee may 
initiate legal proceedings regarding infringement of an industrial design only upon 
conseht of the right holder. This does not apply to the holder of an exclusive license 
if the right holder, after he has been requested to do so, does not institute legal 
proceedings within a reasonable period. ' 
(4) Every licensee may join an infringement lawsuit brought by the right holder 
as a joint plaintiff in order to assert his own damages. 
. . 
(5) Neither legal succession pursuantto § 29 nor the grant of a license within 
the meaning of paragraph (1) affect licenses that were previously granted to third 
parties. 
§ 32 
Effect of Application for Industrial Design 
The provisions of this part shall apply mutatis mutandis to rights based upon 
the application for an industrial design. IPINI 1 IDEUIDI1/ Add.5 
Page 20 
Part 6 
_ Invalidity and Cancellation 
§ 33 
Invalidity 
(1) An jndustrial design is invalid if the product is not a design, the design is 
-not new or does not have individual character (§ 2 para; 2 or para. 3), or the design is 
excluded from industrial design protection (§ 3). 
(2) The establishment of invalidity shall be m~de by court judgment. Any 
person is entitled to file the lawsuit. 
(3) Upon the legal effectiveness of the judgment in which the invalidity of the 
ind o-strial-de-srgnis -established, -th-eprotectior1 affora-ea-DY a-ppltca1iorr ol an-inaDstfia:f 
design applies as if it had not been registered from the beginning. The court shall 
provide the German Patent and Trade Mark Office with a copy ofthe final judgment. 
(4) The establishment of invalidity may also occur after the termination of the 
term of protection or after the surrender of the industrial design. 
§ 34 
Conflict with Other Proprietary Rights 
Consent to cancellation of an industrial design may be demanded: 
1. to the extent a distinctive symbol in a later industrial design is used and the owner 
of the symbol is entitled to prohibit this use; 
2. to the extent the industrial design is an impermissible use of a work protected by 
copyright; 
3. to the extent the industrial design is within the scope of protection of an earlier 
industrial design, even if this was first published after the date of application of the 
later industrial design. 
The claim may only be asserted by the owner of the affected right.-
§ 35 
Partial Maintenance 
A industrial design may remain in existence in an amended form: IP/N/l/DEU/D/1/ Add.S 
Page 21 
1. through declaration of partial invalidity or in the course of the declaration of a 
partial disclaimer by the rights owner If the invalidity pursuant to § 33 para. 1 is 
established based upon lack of novelty or individual character (§ 2 para. 2 or para. 3), 
or because exclusion of industrial design protection (§ 3) is established, or 
2. through consent to the partial cancellation or declaration of partial disClaimer if the 
cancellation may be demanded pursuant to § 34 sentence 1 no. 1 or no. 2, 
to the extent the requirements for protection are fulfilled and the identity of the 
industrial design is retained. 
§ 36 
Cancellation 
(1) The registration of an industrial design shall be cancelled: 
1. upon expiration of the term of protection; 
2. upon disclaimer on application by the right holder upon presentation of the 
agreement of the other owners of. rights in the industrial design entered into the 
Register or the plaintiff in the case of proceedings pursuant to § 9; . 
3. upon application of a third party, if he produces an official or officially .certified 
document with declarations pursuant to number 2 together with the application; 
4. upon agreement to the cancellation pursuant to § 9 or § 34; 
5. in the event of invalidity upon presentation of a conclusive judgment. 
(2) If the right holder only partially disclaims the industrial design pursuant to 
paragraph (1) no. 2 and 3, if he declares his consent to the cancellation of a portion 
of the industrial design pursuant to paragraph (1) no. 4, or if fnvalidity is established 
pursuant to paragraph (1) no. 5, instead of the cancellation of the industrial design in 
the Register a corresponding entry will be made. 
Part 7 
Effects of Protection 
and Limitations on Protection . 
§ 37 
Subject of Protection 
(1) Protection is established for those characteristics of the appearance of an 
industrial design that are visibly represented in the application. IPINI 1 IDEUIDIl I Add.5 
Page 22 
(2) If for the purpose of deferral of the publication, an application contains a 
two-dimensional sample pursuant to § 11 para. 2 sentence 2, upon. extension in 
accordance with the regulations after expiration of the deferral pursuant to § 21 para. 
2, the subject of protection is determined in accordance with the representation of the 
industrial design submitted. 
§ 38 
, 
Rights Conferred by the Industrial Design' 
and Scope of Protection 
(1) The industrial design shall confer on its right holder the exclusive right to 
use it and to prevent any third party not having his consent from using it. Use 
includes, in particular, the making, offering, putting on the market, importing, 
exporting, or use of a product in which the design is incorporated or to which it is 
a ppile cf, or ffiesfocR.fng orsLTch a p-r:odu-dlor Uiose purposes.' 
(2). The protection conferred by an industrial design extends to each design 
that does not produce on th,e informed user a different .overall impression. In 
assessing the scope of protection, the degree of freedom of the designer in 
developing his design shall be taken into consideration.· 
(3) For the duration of the deferral of publication (§ 21 para. 1 sentence 1), 
the protection pursuant to paragraphs (1) and (2) is contingent upon the design being 
the result of an imitation of the industrial design. 
\ §39 
Pr~sumption of Legal Validity' 
J 
There isa presumptioh in favor of the right holder that the requirements 
necessary for the legal validity of an industrial design have been fulfilled. 
§40 
Limitation of Rights 
Conferred by the Industrial Design 
Rights conferred by the industrial design shall not be exercised in regards to: 
'1. acts done privately and for non-commercial purposes; 
2. acts done for experimental purposes; 
3. representations for the purposes of citation or teaching, provided that such 
representations are compatible with fair trade practice, do not unduly prejudice the 
normal exploitation of the industrial design, and mention the source: IPINIl IDEUlDll I Add.S 
Page 23 
4. equipment on ships and aircraft that are registered in another country and are 
only temporarily present domestically; 
5. the importation of spare parts and accessories for repairs, as well as for 
conducting repairs on ships and aircraft withinthe meaning of number 4. 
§ 41 
Prior Use Right 
(1) Rights pursuant to § 38 cannot be exercised in regards to a third party 
who, prior to the date of application, in good faith used an identical design. 
domestically that was developed independently of a registered industrial design, or 
who actually and seriously made preparationstherefor. The third party is entitled to 
exploit the design. The granting of licenses (§ 31) is excluded. 
(2) The rights of third parties cannot be assigned except if the third party 
operates a commercial enterprise and the assignment occurs together with that 
portion of the .business enterprise in the context of which the use takes place or the 
preparations are made. _ ' 
Part 8 
Infringements 
§ 42 
Abatement, Injunction, 
and Damages 
(1) The right holder or another entitled person ("Injured Party") may demand 
abatement of the harm and, in the case of a danger of repetition, an injunction 
against anyone who uses' aniridustrial design contrary to § 38 para. 1 sentence 1 
("I nfringer"). . 
(2) If the Infringer acts intentionally or negligently, he is obligated to 
compensate the damages arising therefrom. In place of damage compensation, 
. demand may be made to account for the profits that the Infringer has achieved by 
use of the industrial design and to disgorge them. If the Infringer has only committed 
ordinary negligence, instead of damage compensation the court may establish the 
remuneration in an amount that is between the Injured Party's damages and the 
Infringer's profits. IPIN/IIDEUID/lI Add.5 
Page 24 
§ 43 
Destruction and Surrender 
(1) The Injured Party may demand destruction of all unlawfully manufactured 
or distributed products or any such products intended for distribution that are in the 
possession of the.lnfringer or are his property. 
(2) Instead of the measures provided for in paragraph (1), the Injured Party 
may demand that the products that are the property of the Infringer be surrendered to 
him upon payment of reasonable remuneration that does not exceed the 
manufacturing costs. 
(3) If the measures pursuant to paragraphs (1) and (2) are disproportionate in 
regards to the Infringer or owner in an individual case and if the infringing nature of 
the products can be abated in some other way, the Injured Party only has a claim to 
the measures necessary therefor. 
(4) The provisions in paragraphs (1 ) through (3) shall be applied mutatis 
mutandis to devices owned by the Infringer and used or intended exclusively or 
almost exclusively for the unlawful manufacture of products. 
(5) Fundamental components of buildings pursuant to § 93 of the German 
Civil Code as well as removable parts of products and devices, whose manufacture 
and distribution are not unlavvful, are not subject to the measures provided for in 
paragraphs (1) through (4). 
§ 44 
Liability of the 
Owner of a Commercial Enterprise 
If an industrial design is unlawfully infringed by an employee or agent of a 
commercial enterprise, the Injured Party also has claims arising from §§ 42 and 43 
against the owner of the commercial enterprise, excep~ for claims for damages. 
Additional claims arising from other statutory provisions remain unaffected. 
§ 45 
Compensation 
If the Infringer has acted neither intentionally nor negligently, to avert claims 
pursuant to §§ 42 and 43 he may compensate the Injured· Party monetarily, if he 
would suffer disproportionately greater harm by satisfaction of the claims and it would 
be reasonable to compensate the Injured Partywith money. The compensation to be 
paid is the amount that would have been reasonable remuneration in the event there 
had been a contractual grant of rights. Upon payment of the compensatIon, the 
! njured Party's consent to exploitation within the usual scope is considered granted. § 46 
Information IPINIIIDEUIDI 1/ Add.5 
Page 25 
(1) The Injured Party may demand that the Infringer promptly provide 
information regarding the origin and distribution channels of the product, except if this 
. is disproportionate in an individual case. . 
(2) The Infringer shall provide information regarding the names and 
addresses of the manufacturer, the supplier, and other previous owners of the 
products, the commercial buyer or customer, as well as regarding the amounts of 
products manufactured, delivered, received, or ordered. 
(3) . In cases of obvious infringement,the duty to grant information may be 
ordered by a temporary injunction pursuant to civil procedure law provisions. 
. . 
. ("4) The'infoTmatron may only be used againstthe-I-nfringer-ora relative-listed 
in § 52 para. 1 German Criminal Procedure Code in the course of a criminal 
proceeding or a proceeding pursuant to the Regulatory OffensesAct (Gesetz Ober 
. OrdrJUngswidrigkeiten) based upon an offense committed prior to the provision of the 
information upon consent of the Infringer.· 
(5) Further claims to information remain unaffected. 
§ 47 
Publication of Judgment 
(1) If a lawsuit is filed based upon this statute, in thejudgment the successful 
party may be awarded the authority to publish the judgment at the expense of the 
unsuccessful party if it presents a justifiable interest. . The judgment may only be 
published after it has become conclusive unless the court determines otherwise. 
(2) The form and scope of the publication shall be determined in the 
judgment. Authorization for publication expires if the judgment has not been 
published within six months after it has become conclusive. 
(3) The party that is awarded authorization to publish may apply for the 
unsuccessful party to be ordered to pay the .publication costs in advance. If the 
application is made only after conclusion of the last oral hearing, the trial court in the 
first instance shall make a decision by court order without an oral hearing. The 
unsuccessful party shall be heard prior to a decision. IPINIlIDEUIDI 1/ Add.S 
Page 26 
§ 48 
Exhaustion 
The rights conferred by an industrial design shall not extend to acts relating to 
a product in which a design included within the scope of protection of the industrial 
design is incorporated or to which it is applied, when the product has been put on the 
market in a Member State of the European Union or in another contracting state of 
the Convention Concerning the European Economic Community by the right holder 
or with his consent. 
§ 49 
Limitation of Actions 
The provIsIons in Part 5 of Bdok 1 of the German Civil Code shall apply 
-mutatismutandis to_ the limitation of actions set forth in §§ 42 -47. if the obligated 
party obtained something at the cost of the entitled party through the infringement, § 
852 of the Civil Code shall apply mutatis mutandis. 
§ 50 
Claims Arising from 
Other Statutory Provisions 
Claims arising from other statutory provisions remain unaffected. 
§ 51 
Criminal Provisions 
(1) Whoever uses an industrial design in violation of § 38 para. 1 sentence 1 
although the right holder has not consented thereto, shall be punished by 
imprisonment for not more than three years or a fine .. 
(2) If the offender acts on a commercial basis, the penalty shall be 
imprisonment for not more than five years or a fine. 
(3) Attempt is punishable. 
(4) In cases under paragraph (1), the offense shall only be prosecuted upon 
. complaint, unless the prosecuting authority considers ex officio that it is required to 
enter the case because of the special public interesttherein. 
(5) Objects to which the offense relates may be confiscated. § 74a of the 
Criminal Code shall be applicable. To the extent the claims r-eferred to in § 43 are 
granted in a proceeding pursuant to the provisions of the Criminal Procedure Code IP/N/IIDEUID/1/ Add.S 
Page 27 
regarding the compensation for the Injured Party (§§ 403 through 406c), the 
provisions regarding confiscation shall not be applicable. 
(6) If a penalty will be imposed, it shall be ordered that the judgment shall be 
published upon request, if the right holder applies therefor and there is a justified 
interest to do so. The form of publicationshail be determined in the judgment. 
Part 9 
Proceedings in Industrial Design Lawsuits 
§ 52 
Industrial Design Lawsuits 
(1) For all lawsuits in whi~ha claim arising from one of the legal relationships 
governed by this statute is asserted ("Industrial Design Lawsuits"), the regional courts 
(Landgerichte) shall have exclusive jurisdiction without regard to the amount in 
dispute. 
(2) The state governments (Landesregierungen) shall have the power to allot 
by statutory order industrial design litigation for the districts of several regional courts 
to one of them, to the extent this serves factuai support or expeditious resolution of 
the proceedings. The state governments may delegate these powers to the state 
justice administrations. . 
(3) By agreement; the states (Lander) may delegate in whole or in part the 
duties incumbent on the industrial design courts of a state to the competent industrial 
design court of another state . 
. (4) Of the costs arising from the participation of a patent attorney in industrial 
design litigation, fees up to the amount of the full fee pursuant to § 11 of the Federal 
. Ordinance on Attorneys' Fees, as well as the patent attorney's necessary expenses, 
shall be refunded. 
§ 53 
Jurisdiction for Claims 
Pursuant to this Statute and 
the Act Against Unfair Competition 
Claims that are related to the legal relationships regulated by this statute and 
also based upon the provisions of the Act Against Unfair Competition, in deviation 
from § 24 of the Act Against Unfair Competition, may be asserted before the 
competent court for industrial design lawsuits. IPINIlIDEUID/1/ Add.5 
Page 28 
.§54 
Assistanc~ Regarding Value of the Claim 
(1) If, in a civil legal dispute in which a claim arising from one of the legal 
. relationships· regulated by· this statute is asserted, a party substantiates that the. 
burden of the costs of proceedings based upon the total value of the claim would 
considerably endanger its economic situation, upon its application the court may 
order that this party's obligation to pay court costs shall be measured according to a 
portio.n of the value of the claim that corresponds to its economiC situation. 
(2) A consequence of the order pursuant to' paragraph (1) is that the party 
receiving assistance .also need only pay its attorney's fees in accordance with this 
portion of the value of the claim. To the extent costs of the legal dispute are imposed 
. on it or to the extent it assumes these, it must reimburse the court costs paid by the 
opposing party and its attorney's fees only in accordance with the portion of the value 
of the claim. To the extent out of court costs are imposed on the opposing party or 
asstlmed by him, the atiorneyfor the party receiving assislancemaY enforce 
payment of its fees -against the opposing party pursuant to the value of the claim 
applicable to him. 
(3) The application pursuant to paragraph (1) may be recorded with the court . 
office. It shall be made prior to the main trial. After this it is only admissible if the 
presumed or established value of the claim is later increased by the court. Prior to 
the decision ontheapplication, the opposing party shall be heard. 
Part 10 
Provisions Concerning 
Measures by the Customs Authorities 
§ 55 
Seizure 
upon Importing and Exporting 
(1) If there is an obvious infringement pursuant to § 38 para. 1 sentence 1, 
each product is subject to seizure by the customs authorities upon application and 
the provision of security by the right holder during its import or export, to the extent 
Council Regulation (EC) No. 3295/94 of 22 Decemb.er 1994 laying down measures 
concerning the entry into the Community and the export and re-import from the 
Communityof goods infringing certain intellectual property right (OJ L 341, p. 8) in its 
then-current versiOn is not applicable. This applies to circUlation with other European 
Union Member States as well as with other contracting states of the Convention 
Concerning the European Economic Community only to the extent controls are 
ca~ried out by the customs authorities. IP /N/IIDEUID/1/ Add.5 
Page 29 
(2) If the customs authorities order seizure, they shall promptly inform the 
person with the right of disposition and the right holder. They shall be provided with 
the origin, amount, and location of the products as well as the name and address of 
the person with the right of disposition; the privacy of letters and the secrecy of post 
, are limited in this respect. The right holder shall be given the opportunity to inspect 
the products to the extent there is no intrusion on business br operational secrets 
thereby. 
§ 56 
Confiscation, ,Objection 
'(1) If no' objection is made to the seizure at the latest within two weeks of 
service of the notification pursuant to § 55 para. 2 ,sentence 1, the customs 
authorities shall order confiscation of the seized products. 
, ' 
(2) lftlie person Wifll file fignf of disposition objeCts to the confiscation, the 
customs authorities shall promptly inform the right holder th~reof.He shall promptly 
declare to the customs authorities whether he maintains the application pursuant to § 
55 para. 1 in regards to the seized products. 
(3) If the right holder withdraws the application, the customs authorities shall 
promptly lift the seizure. If the right holder maintains the application and submits an 
executable court decision ordering the impounding of the seized products or· a 
limitation on disposal, the customs a~thoritiesshall take the necessary measures. 
(4) If the cases in paragraph (3) are not applicable, the customs authorities 
shall lift the seizure after two weeks have passed after service of the notification upon 
the right holder pursuant to paragraph (2) sentence 1. If the right holder shows that a 
court decision pursuant to paragraph (3) sentence 2 has been applied for but not yet 
received, the seizure shall be maintained for an additional two weeks at most. 
, (5) If the seizure proves to have been unjustified from the beginning and if the 
right holder had maintained the application pursuant to § 55 para. (1) in regards to, 
the seized products or has not promptly made a declaration (paragraph (2) sentence 
2), he shall be obligated to reimburse' thedC,lmages arising from the seizure to the 
person with the right of disposition. 
§57 
Jurisdictipn, Appeals 
(1)' The application pursuant to § 55 para. 1 shall be submitted to the Regional 
Finance Office and shall be effective for two years insofar as no shorter period of 
applicability is applied for; it can be renewed. Costs that are connected with the 
official acts in accordance with § 178 of the General Fiscal Code (Abgabenordnung) 
shall be imposed upon the right holder, IP /N/IIDEUID/1/ Add.5 
Page 30 
. (2) The seizure and the confiscation may be challenged in an appeal that is 
admissible in proceedings regarding fines pursuant to the Regulatory Offenses Act 
(Gesetz Ober Ordnungswidrigkeiten) a'gainst seizure and confiscation. The right 
holder shall be heard in the appeal proceedings. An immediate appeal is admissible 
against the decision of the District Court; the Higher Regional Court shall decide on 
this . 
. (3) In proceedings pursuant to Regulation (EC) No. 3295/94, §§ 55 and 56 as 
well as paragraphs (1) and (2) shall be applied mutatis mutandis to the extent the 
Regulation does not contain another provision. 
Part 11 
Special Provisions 
§58 
Domestic Agent 
(1) A person who does not have a domicile, a residence, or a subsidiary in 
Germany may only participate in proceedings governed by this statute before the. 
German Patent and Trade Mark Office or the Federal Patent Court and assert rights 
conferred by an industrial design if he has appointed an attorney or a patent attorney 
within Germany as his agent authorized to represent him in proceedings before the 
German Patent and Trade Mark Office, the Federal Patent Court, in civil lawsuits 
regarding the industrial design, as well as for the initiation of legal proceedings. 
/' 
i 
(2) Citizens of a Member State of the European Union or of another 
contracting state of the Convention Concerning the European Economic Community 
may be appointed as an agent within the meaning of paragraph (1) for the provision 
of a service within the meaning of the Treaty on the Establishment of the European 
Community if they are entitled to exercise their professional activities under ode of' 
the professional designations set forth in the attachment to § 1 of the Act on the 
Activities of European Attorneys in Germany of9 March 2000 (BGB!. I p. 182) or to § 
1 of. the Act on the Qualifying Examination for Admission to Practice as a Patent 
Attorney of 6 July 1990 (BGBLI pp. 1349, 1351) as amended. In this case, however, 
a proceeding may only be prosecuted if an attorney or patent attorney is appointed 
as an agent for service of process within Germany. 
(3) The location in which the agent appointed pursuant to paragraph (1) has 
his business premises is considered to be the location within the meaning of § 23 of 
the Code of Civil Procedure in which the assets are located; if such business 
premises do not exist,. the location of the agent's domestic residence shall be 
determinative or in the absence thereof, the location of the German Patent and Trade 
Mark Office. 
(4) The agreed-upon termination of the appointment of an agent pursuant to 
paragraph (1) is effective only when both this termination as well as the appointment IPINIlIDEUIDI1/ Add.5 
Page 31 
of another agent is notified to the German Patent and Trade Mark Office or the 
Federal Patent Office. 
§ 59 
Pretension to Industrial Design 
Whoever uses a designation that is suitable for creating the impression that a 
product is protected by an industrial design shall be required to provide information 
upon demand regarding the industrial design the use of the designation is based 
upon to any person who has a justifiable interest in the legal position. 
§ .60 
Industrial Design 
Pursuant to the Law on the Extension 
of Industrial Property Rights 
(1) The provisions of this statute apply to all industrial designs extended by 
the Law on 'the Extension of Industrial Property Rights (Estreckungsgesetz; 
hereinafter "Extension Law") of 23 April, 1992 (BGB!. I p. 938), as last amended by 
Article 2 para. 10 of the Act of 12 March 2004 (BGB!. I p. 390), to the extentthere are 
no provisions to the contrary in paragraphs (2) through (7). 
(2) The term of protection for industrial designs that were not cancelled on 28 
October 2001 ends 25 years after expiration of the month in which the date of 
application falls. Maintenance of the protection shall be effective by payment of a 
maintenance fee for years 16 through 20 and years 21 through 25, calculated from 
the date of application. 
(3) If a claim for remuneration based upon the use of an industrial design 
under the ,legal provisions applicable up until the Extension Law took effect had 
already arisen, the remuneration shall be paid pursuant to those provisions. 
(4) Whoever legitimately used an industrial design that was protected by an 
extended inventor certificate pursuant to an § 4 of the Extension Law in the version of 
31 May 2004 or as to which an author certificate had been applied for under the legal 
provisions applicable up until the Extension Law took effect, may continue to use this 
throughout the entire federal territory. The owner of the industrial property right may 
demand reasonable remuneration for the continued use from the person entitled to 
use. 
(5) If, pursuant to § 4 of the Extension Law in the version of 31 May 2004, an 
extended application for a patent for an industrial model pursuant to § 10 para. 1 of 
the Regulation on Industrial Models of 17 January 1974 (GBI I No. 15 p. 140), which 
was amended by the Regulation of 9 December 1988 (GBI. I No. 28 p. 333), is 
published, this shall be equal to publication of the registration of the application in the 
Model Register pursuant to § 8 para. 2 of the Industrial Design l\ct in the version that 
\;vas applicable through 31 May 2004, IPINI1IDEUIDI1I Add.5 
Page 32 
(6) To the extent industrial designs that have been extended pursuant to the 
Extension Law to the region set forth in Article 3 of the Unification Treaty or the 
remaining federal territory concur in their areas of protection and coincide as a result 
of the expansion, without consideration of their priority in time, the owners of these 
industrial property rights or of industrial property rights that have been applied for 
may not assert rights conferred by their industrial' property rights or by industrial 
property rights that have been applied for against one another or against persons 
whose use has been permitted by the owner of the other industrial property rights or 
of industrial property rights that have been applied for. However, the object of the 
in'dustrial property rights or of the industrial property rights that have been applied for 
may not or with ce,rtain limitations may be used only, in the region to which the 
industrial property rights or the industrial property rights that have been applied for 
have been extended, insofar as the unlimited use would lead to fundamental 
interference for the owner of the other industrial property rights or the industrial 
property rights that have been applied for or the persons he has permitted to use the 
object of his industrial property rights or the industrial property rights that have been 
appfied for, which in consideration of all circumstances of the case and upon 
balancing the justified interests of the parties involved would be unreasonable. 
(7) The effect of an industrial design extended pursuant to § 1 or § 4 of the 
Extension Law in the version of 31 May 2004 does not apply to those who have 
legitimately used the industrial design in a region in which it did not apply up until the 
Extension Law took effect after the day that is' determinative of the priority in time of 
the application and prior to 1 July 1990. This person is entitled to exploit the· 
industrial design through the federal territory for the needs of his own operations in 
his own or other party's factories with the limitations arising upon application mutatis 
. mutandis of§ 12 of the Patent Law (Patentgesetz), to the extent the' use does not 
lead to a fundamental interference for the 'owner of the industrial property right or the 
persons he has permitted to use the object of his industrial property right, which in 
. consideration of all circumstances of the case and. upon balancing the justified 
interests of the parties involved would be unreasonable. In regards to a product 
manufactured outside of Germany, the user is only entitled to continued use pursuant 
to sentence 1 if the domestic use provides a basis for assets worthy of protection in 
Germany the non-recognition of which would constitute an unreasonable hardship for 
the user in consideration of all circumstances of the case. 
§ 61 
Typographical Typefaces 
(1) As to typographical typefaces registered pursuant to Article 2 of the 
Typeface Copyright Act (Schriftzeichengesetz) in the version applicable until the end 
of 1 June 2004, legal protection shall be granted pursuant to this statute, to the 
extent there is no provision to the contrary in paragraphs (2) through (5). 
(2) As to applications submitted through the end of 31 May 2004 pursuant to 
Article 2 of the Typeface Copyright Act, the provisions that were applicable thereto at 
this point in time regarding the prerequisites for protection shall remain applicable, IP/N/l/DEU/D/l1 Add.5 
Page 33 
(3) Rights conferred by industrial designs may not be asserted in regards to 
acts that began prior to 1 June 2004 and that could ,not have been prohibited by the 
owner of the typographical typeface pursuant to the applicable provisions at that 
point in time: 
(4) Until registration' of the typefaces mentioned in paragraph' (1), their 
protection is governed by the version of the Typeface"Copyright Act effective through 
31 May 2004. 
(5) In deviation from§ 28 para. 1; only beginning'with the eleventh year of the 
term of protection shall maintenance fees be .payable for the, maintenance of the term 
of protection for the typefaces mentioned in paragraph (1). 
Part 12 
Community Designs 
§ 62 
Forwarding of Application 
, If applications for Community designs are submitted to the German Patent and 
Trade Mark Office pursuant to Article 35 para. 2 of CounCil Regulation (EC) No. 
6/2002 of 12 December 2001 on Community Designs (OJ EC 2002 No. L 3'p. 1), the 
German Patent and Trade Mark Office shall note the date of receipt on the 
application and shall promptly forward the application without examination to the 
Office for Harmonization in the Internal Market (Trade Marks and Design). 
§ 63 
Lawsuits Concerning Community Designs 
(1) For all lawsuits regarding which the Community design courts within the 
meaning of Article 80 para.1of CounciL Regulation (EC) No. 6/2002 have jurisdiction 
("Community design disputes") the regional courts (Landgerichte) have exclusive 
jurisdiction as Community design courts of the first instance without regard to the 
amount in dispute. 
(2) The state governments (Landesregierungen) shall have the power to allot 
by statutory order Community design litigation for the districts of several Community 
design courts to one of them. The state governments may delegate these powers to 
the state justice administrations. ' , 
(3) By agreement, the states (Lander) may delegate in whole or in part the 
duties incumbent on the Ccmmunity design courts of a state to the competent 
Community design court of another state. IPINIIIDEUIDI1/ Add.S 
Page 34 
(4) § 52 para. 4 and § 53 shall apply mutatis mutandis to proceedings before 
Community design courts. 
§ 64 
Issuance of Writ of Execution 
The Federal Patent Office has jurisdiction to issue the writ of execution 
pursuant to Article 71 para. 2 sentence 2 of Council Regulation (EC) No. 6/2002. 
The executable copy shall be issued by the registrar of the court office of the Federal 
Patent Office. 
§65 
Punishable Infringement of a 
CQmmunit-yDesign· 
(1) Whoever uses a Community design contrary to Article 19 para. 1 of 
Council Regulation (EC) No. 6/2002 although the owner had not consented thereto, 
shall be punished by imprisonmentfor not more than three years or afine. 
(2) § 51 para. 2 through 6 shall apply mutatis mutandis. 
Part 13 
Transitional Provisions 
§ 66 
Applicable Law 
(1) For industrial designs that were applied for prior to 1 July 1988 pursuant to 
the published edited version of the Industrial Design Act in the Federal Law Gazette. 
Part 111, Section number 442-1 as last amended by Article 8 of the Act of 23 July 2002 
(BGB!. I p. 2850), the provisions applicable at that time shall continue to be. 
applicable. . . 
(2) For industrial designs that were applied for or registered prior to 28· 
October 2001, the provisions applicable at that time regarding the prerequisites for 
protection shall continue to be applicable.. Rights conferred by these. industrial 
designs cannot be asserted to the extent they concern acts within the meaning of § 
38 para. 1 that began prior to 28 October 2001 and that the Injured Party could not 
have prohibited before this date pursuant to the provisions of the published edited 
version of the Industrial Design Act in the Federal Law Gazette Part Ill, Section 
number 442-1. IPINIlIDEUIDI 11 Add.5 
Page 35 
(3) For industrial designs that were applied for but not yet registered prior to 1 
June 2004, until application the protection is governed by the provisions of the 
publidhed edited version of the Industrial Design Act in the Federal Law Gazette Part 
Ill, Section number 442-1 that was applicable through 31 May 2004. 
(4) Article 229 §6 of the Introductory Act to the Civil Code shall apply mutatis 
mutandis, provided that § 14a para. 3 of the published edited version of the Industrial 
Design Actin the Federal Law Gazette Part Ill, Section number 442-1 that was 
applicable through 1 January 2002 is equal to the provisions of the Civil Code 
regarding the limitation of actions in the version applicable through 1 January 2002. 
§ 67 
Limitation of Rights 
. (1) Rights conferred by an industrial design cannot be asserted in regards to 
aets that affect the use of a component part for the repair of a complex product in 
regards to the restoration of its original appearance, if these acts could not have 
been prohibited pursuant to the published e.dited version of the Industrial Design Act 
in the Federal Law Gazette Part Ill, Section number 442-1 that was applicable 
through 31 May 2004. 
(2) For existing licenses based upon the right conferred by the application for 
registration of an industrial design that was granted prior 1 June 2004, § 31 para. 5 
only applies when the right was assigned or the license was granted as of 1 June 
2004. 
(3) Claims arising from the designation of the designer pursuant to § 10 may 
only be asserted for industrial designs that were applied for as of 1 June 2004. 
(4) The protection of modifications of basic designs pursuant to § 8a of the 
version of the Industrial Design Act that was app!icable through 31 May 2004 are 
governed by the provisions of the published edited version of the Industrial Design 
Act in the Federal Law Gazette Part Ill, Section number 442-1 that was applicable 
through 31 May 2004. § 28 para. 2 applies to the maintenance of modifications of a 
basic design provided that the basic design is initially taken into account. 
Article 2 
Amendments to Statutes 
(1) .... IPINIlIDEUIDIl/Add.5 
Page 36 
(2) The following sentence 2 is added to Article III § 1 para. 2 of the Act on the 
International Patent Convention of 21 June 1976 (BGB!. 1976 II p. 649) as last 
amended by Article 1 of the Law of 10 December 2003 (BGBI. I p. 2470): 
"The international application shall be transmitted to the international 
office in accordance with Article 12 para. 1 of the Patent Cooperation Treaty." 
(3)-(6) .... 
(7) The Patent Law (Patentgesetz) in the published version of 16 December 
1980 (BGB!. 1981 I p. 1) as last amended by Article 3 of the Act of 23 July 2002 
(8GB I I p. 2850) is amended as follows: 
1. § 28 shall state as follows: 
"§28 
The Federal 'Ministry of Justice shall determine by ordinance that does 
not require approval of the Bundesrat the establishment and business 
procedures of the Patent Office as well as the form of proceedings in patent 
matters, to the extent no other statutory provisions therefor have been 
enacted." 
2. § 44 shall be amended as follows: 
a) The following sentences shall be added to paragraph 2: 
"The deadline for payment of the inspection fee pursuant to the Patent 
Costs Act (Patentkostengesetz) shall be three months from the time it is 
due (§ 3 para. 1 of the Patent Costs Act). However, this deadline 
terminates seven years after submission of the application." 
b) In paragraph 4 sentence 2, "paragraph 4 sentence 3" shall be replaced by 
"paragraph 3 sentence 3." 
3. In § 102 para. 5 sentence 4, "§ 143 para. 5" shall be replaced by"§ 143 para. 3." 
4. The following sentence shall be added to § 143 para. 2: 
"In addition, by agreement the states (Lander) may delegate in whole or in part 
the duties incumbent on the courts of a state to the competent court of another 
state." 
(8) The Industrial Design Act in the published version of 28 August 1988 
(8GB!. I p. 1455) as last amended by Article 4 of the Act of23 July 2002 (BGB!. I p. 
2850) shall be amended as follows: 1, After § 6, § 6a shall be added as follows: 
"§6a IP /N/IIDEUIDIl/ Add,S 
Page 37 
(1) If the applicant had displayed an invention at a national or foreign 
. exhibition, he may claim a priority right from this day onward if he applied for 
an industrial design for the invention within a .deadline of six months from the 
first exhibition of the invention, .. . . 
(2) In individual cases the exhibition protection for exhibitions within the 
meaning of paragraph (1) shall be fixed by publication by the Federal Ministry 
of Justice in the Federal Law Gazette, .. 
(3) Whoever claims a priority pursuant to paragraph (1) shall provide 
the date and exhibition as well as submit proof of the exhibition prior to 
expiration of the 16th month after the day of the first exhibition of the invention, 
(4) ~xhibition priority pursuant to paragraph (1) does not extend the 
priority deadlines pursuant to § 6," 
. 2, The following sentence shall be added to § 27 para. 1: 
"In addition, by agreement the states (Lander) may delegate in whole or in part 
the duties incumbent on the courts of a state to the competent court of another 
state." 
3. § 29 shall state as follows: 
"§ 29 
The Federal Ministry of Justice shall determine by ordinancethatdoes 
not require approval of the Bundesrat the establishment and business 
procedures of the Patent Office as well as the form of proceedings in patent 
matters, to the extent no other statutory provisions therefor have been 
enacted," ' 
(9) The Trade Mark Law of 25 October 1994 (BGB!. I p. 3082,1995 lp, 156, 
1996 I p. 682) as last amended by Article 76 of the Ordinance of 25 November 2003 
(8GB!. I p. 2304), shall be amended as follows: . 
1. § 8 para. 2 shall be amended as follows: 
a) In number 8, the word "or" at the end shall be stricken, 
b) In number 9, the period shall be replaced by a comma and the word "or" 
shall be added. 
c) After number 9, number 10 shall beadded as follows: 
"10. that was applied for in bad faith," IPINIIIDEU/D/ll Add.5 
Page 38 
2. The following sentence 2 shall be added to § 32 para. 1:, 
"The application may also be submitted through a Patent Information Center if 
the Federal Ministry of Justice notified in the Federal' Law Gazette 
(Bundesgesetzb/att) that this office may accept trade markregistrajion filings." 
3. § 33 para. ,1 shall state as follows: 
, , 
" ' 
"(1) The date of application of a trademark is the day on which the 
documentation containing information pursuant to § 32 para. 2 is received by 
1. the Patent Office' 
2. or by a Patent Information Center if the Federal Ministry of Justice notified 
, in the Federal Law Gazette (Bundesgesetzb/att) that this office is acceptable 
therefor." 
4. §37 para. 3 shall state as follows: 
"(3) An application shall only be rejected pursuant to § 8 para. 2 no. 4 or no. 
10 if the ability to deceive or the bad faith is obvious." " 
5. § 50 shall be amended as follows: 
, a) Paragraph 1 shall state as follows: 
"(1) The application of a trade mark shall' be cancelled based upon 
invalidity upon application if it was registered in contravention of §§ 3, 7, or 
,8." 
b) In paragraph 2 sentence 1, "§§ 3, 7, or 8" shall be replaged by "§§ 3, 7, or 8 
para. 2no.1 -,9." 
c) Paragraph 3 shall be amended as follows: 
aa) In the first half-sentence, "§ 8 para. 2 no. 4 -9" shall be replaced'by "§ 
8 para. 2no, 4 -10." 
bb) In number 2 after the words '~obstacle to protection" (Schutzhindernis) , ' 
"in accordance with § 8 para. 2 no. 4 -9" shall be added. 
6. In § 63 para. 3 sentence 4, the woros "and that no fee shall be paid for the 
appeal" shall be stricken. 
7. § 65 para 1 no. 1 shall state as follows: 
"1. to govern the establishment and the business procedures as well as the 
form of proceedings in trade mark matters, to the extent no other 
statutory provisions therefor have been enacted." 8. § 109 shall be amended as follows: 
a) The wording up until now shall become paragraph 1. IP/N/IIDEUID/1/Add.5 
Page 39 
b) After the new paragraph 1, the following paragraph 2 shall be added: 
"(2) The national fee pursuant to the Patent Costs Act 
(Patentkostengesetz) for the international application shall be paid within one 
month of the deadline set forth in § 3' para .. 1 of the Patent Costs Act or 
pursuant to paragraph (1 )." 
9. § 111 shall be amended as follows: 
a) The wording up until now shall become paragraph 1. 
b) After the newparagraph 1, the following paragraph 2 shall be added: 
"(2) The nationaJ fee . pursuant to tl:Je Patent GGsts Ad 
(Patentkostengesetz) for the subsequent extension of protection shall be paid 
within one month of the deadline (§ 3 para. 1 of the Patent Costs Act)." 
10. § 121 shall be amended as follows: 
a) The wording up until now shall becom~ paragraph 1. 
b) After the new paragraph 1, the foilowing paragraph 2 shall be added: 
"(2) The national fee pursuant . to the Patent Costs Act 
(Patentkostengesetz)for the international application shall be paid within one 
. month of the deadline set forth in § 3 para. 1 of the. Patent Costs Act· or 
pursuant to paragraph (1 )." 
11. In § 123, after paragraph 2 the following paragraph 3 shall be added: 
"(2) The. national fee pursuant to the Patent Costs Act 
(Patentkostengesetz) for the subsequent extension of protection shall be paid 
within one month of the deadline (§ 3 para. 1 of the Patent Costs Act)." 
(10) -(18) .... 
(19) The following sentence shall be added to the published edited version § 
38 para. 2 of the Law on the Protection of New Varieties of Plants 
(Sortenschutzgesetz) of 19 December 19'97 (BGB!. I p. 3164) as last amended by 
Article 148 of the Ordinance of25 November 2003 (BGBI. I p. 2304): 
"In addition, by agreement the states (Lander) may delegate in whole or in part 
the duties incumbent on the courts of a state to the competent court of another 
state." IP IN/1IDEUID/1/ Add.5 
Page 40 
Article 3 
Article 4 
Repeal of Prior Law. 
The following shall be repealed: 
1. 
2. the published edited version Industrial Design Act in Federal Law Gazette Part Ill, 
Section number 442-1 as last amended by Article 8 of the Act of 23 July 2002 (8GB!. 
I p. 2850) 
Article 5 
Article 6 
Entry into Force 
(1) This statute, subject to paragraph 2, shall take effect on 1 June 2004. 
(2) Article 1 §§ 26, 52 para. 2, and § 63 para. 2, Article 2 para. 7 no. 1 -3, 
para. 8 no. 3, para. 9 no. 7, para. 12 no. 5, as we!1 as para. 15 shall take effect ofthe 
day after promulgation. At the same time §§ 12,12a, and§ 15 para. 2 of the 
published edited version Industrial Design Act in Federal Law Gazette Part Ill, 
Section number 442-1 as last amended by Article 8 of the Act of 23 July 2002 (8GB!. 
I p. 2850) shall become ineffective . 
.. The constitutional law rights of the Bundesrat are preserved. 
The above statute is hereby completed. It shall be promulgated in the Federal 
Law Gazette . 
. Berlin, 12March 2004 
Federal President 
Johannes Rau 
Federal Chancellor 
Gerhard Schroder 
Federal Ministry of Justice 
Brigitte Zypries