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Main information
Document symbol
IP/N/1/DEU/3, IP/N/1/DEU/D/2
Distribution date
1. Notifying Member
Notifying Member
Germany
On behalf of group
On behalf of other Members
Afghanistan
Albania
Angola
Antigua and Barbuda
Argentina
Armenia
Australia
Austria
Bahrain, Kingdom of
Bangladesh
Barbados
Belgium
Belize
Benin
Bolivia, Plurinational State of
Botswana
Brazil
Brunei Darussalam
Bulgaria
Burkina Faso
Burundi
Cabo Verde
Cambodia
Cameroon
Canada
Central African Republic
Chad
Chile
China
Colombia
Congo
Costa Rica
Côte d'Ivoire
Croatia
Cuba
Cyprus
Czech Republic
Democratic Republic of the Congo
Denmark
Djibouti
Dominica
Dominican Republic
Ecuador
Egypt
El Salvador
Estonia
Eswatini
European Union
Fiji
Finland
France
Gabon
The Gambia
Georgia
Germany
Ghana
Greece
Grenada
Guatemala
Guinea
Guinea-Bissau
Guyana
Haiti
Honduras
Hong Kong, China
Hungary
Iceland
India
Indonesia
Ireland
Israel
Italy
Jamaica
Japan
Jordan
Kazakhstan
Kenya
Korea, Republic of
Kuwait, the State of
Kyrgyz Republic
Lao People's Democratic Republic
Latvia
Lesotho
Liberia
Liechtenstein
Lithuania
Luxembourg
Macao, China
Madagascar
Malawi
Malaysia
Maldives
Mali
Malta
Mauritania
Mauritius
Mexico
Moldova, Republic of
Mongolia
Montenegro
Morocco
Mozambique
Myanmar
Namibia
Nepal
Netherlands
New Zealand
Nicaragua
Niger
Nigeria
North Macedonia
Norway
Oman
Pakistan
Panama
Papua New Guinea
Paraguay
Peru
Philippines
Poland
Portugal
Qatar
Romania
Russian Federation
Rwanda
Saint Kitts and Nevis
Saint Lucia
Saint Vincent and the Grenadines
Samoa
Saudi Arabia, Kingdom of
Senegal
Seychelles
Sierra Leone
Singapore
Slovak Republic
Slovenia
Solomon Islands
South Africa
Spain
Sri Lanka
Suriname
Sweden
Switzerland
Chinese Taipei
Tajikistan
Tanzania
Thailand
Togo
Tonga
Trinidad and Tobago
Tunisia
Türkiye
Uganda
Ukraine
United Arab Emirates
United Kingdom
United States of America
Uruguay
Vanuatu
Venezuela, Bolivarian Republic of
Viet Nam
Yemen
Zambia
Zimbabwe
2. Subject matter
Copyright and related rights
Enforcement
Industrial property (general)
Geographical indications
Industrial designs
Layout-designs (topographies) of integrated circuits
Patents (including plant variety protection)
Trademarks
Undisclosed information
Other
3. Notification status
First notification
Amendment or revision to notified legal text(s)
Replacement or consolidation of legal text(s)
Previous notification(s) referred to if known
Uncertain
Regulation on the implementation of the Design Act (Design Regulation – DesignV) (IP/N/1/DEU/5, IP/N/1/DEU/D/3 - 20/10/2023)
Act on the Legal Protection of Designs (Designgesetz – DesignG) (IP/N/1/DEU/3, IP/N/1/DEU/D/2 - 12/10/2023)
Notice in respect of the Patent Centres authorised to receive applications for patents, utility models, trade marks and designs of 9 April 2009 (IP/N/1/DEU/I/3 - 11/06/2009)
Law Reforming the Law Concerning Industrial Design of 12 March 2004 (IP/N/1/DEU/D/1/Add.5 - 07/06/2005)
Articles 3 to 10 and Article 34 of the Law to Amend the Right of Representation by Attorneys-at-Law before the Higher Regional Courts of 23 July 2002 (IP/N/1/DEU/C/1/Add.6, IP/N/1/DEU/D/1/Add.4, IP/N/1/DEU/P/1/Add.5, IP/N/1/DEU/P/2/Add.2, IP/N/1/DEU/P/3/Add.4, IP/N/1/DEU/T/1/Add.6, IP/N/1/DEU/U/1/Add.5 - 07/09/2004)
Article 4 of the Law on Further Reform of Stock Corporation Law and Accounting Law and on Transparency and Disclosure (Transparency and Disclosure Law) of 19 July 2002 (IP/N/1/DEU/D/1/Add.3, IP/N/1/DEU/L/1/Add.2, IP/N/1/DEU/P/1/Add.4, IP/N/1/DEU/P/3/Add.3, IP/N/1/DEU/T/1/Add.5 - 07/09/2004)
Law to Revise the Rules on Costs in the Field of Intellectual Property, of 13 December 2001, representing an amendment to various earlier notified laws (IP/N/1/DEU/C/1/Add.4, IP/N/1/DEU/C/2/Add.2,, IP/N/1/DEU/D/1/Add.2,, IP/N/1/DEU/L/1/Add.1, IP/N/1/DEU/P/1/Add.3, IP/N/1/DEU/P/2/Add.1, IP/N/1/DEU/P/3/Add.2, IP/N/1/DEU/T/1/Add.4, IP/N/1/DEU/T/2/Add.4, IP/N/1/DEU/U/1/Add.4 - 06/02/2004)
Second Law to Amend the Patent Law and other Laws of 16 July 1998 (IP/N/1/DEU/D/1/Add.1, IP/N/1/DEU/P/1/Add.2, IP/N/1/DEU/P/3/Add.1, IP/N/1/DEU/P/4/Add.2, IP/N/1/DEU/T/1/Add.1, IP/N/1/DEU/T/2/Add.1 - 06/02/2004)
Second Order Amending the Order Concerning Industrial Designs and Type Faces Applications, of 1 January 2002 (IP/N/1/DEU/1/Rev.1/Add.1 - 03/02/2004)
Amendment to the Order Concerning the Designs Register. Published in Bundesgesetzblatt (Federal Law Gazette) No 69 of 19 December 2001 (IP/N/1/DEU/1/Rev.1/Add.1 - 03/02/2004)
Law Concerning Copyright in Industrial Designs (Designs Law), of 11 January 1876, as last amended by Law of 25 October 1994 (IP/N/1/DEU/D/1 - 08/11/1996)
Order Concerning Industrial Designs and Type Faces Applications of 8 January 1988, as last amended by Order of 13 August 1993 (IP/N/1/DEU/1/Rev.1 - 29/05/1996)
Regulation on the implementation of the Trade Mark Act (Trade Mark Ordinance – MarkenV) (IP/N/1/DEU/4, IP/N/1/DEU/T/4 - 20/10/2023)
Act on the Protection of Trade Marks and other Signs (Trade Mark Act) (IP/N/1/DEU/2, IP/N/1/DEU/T/3 - 24/08/2023)
Law to Strengthen the Contractual Position of Authors and Performing Artists of 22 March 2002 (IP/N/1/DEU/C/1/Add.5 - 07/09/2004)
Article 7 of the Information and Communication Services Act (IP/N/1/DEU/C/1/Add.2 - 06/02/2004)
Fourth Law to Amend the Copyright Law, of 8 May 1998. (IP/N/1/DEU/C/1/Add.3, IP/N/1/DEU/C/2/Add.1 - 06/02/2004)
Announcement containing a list of legally protected designations of geographical origin for German wine (IP/N/1/DEU/G/1 - 06/02/2004)
Notice of Patent Information Centres authorised to accept patent and utility model applications of 6 April 1999 (IP/N/1/DEU/I/2 - 06/02/2004)
Notice of Patent Information Centres authorised to accept patent and utility model applications of 5 Nov. 1999 (IP/N/1/DEU/I/2 - 06/02/2004)
Notice of Patent Information Centres authorised to accept patent and utility model applications of 5 Nov. 1999 (IP/N/1/DEU/I/2 - 06/02/2004)
Notice of Patent Information Centres authorised to accept patent and utility model applications of 27 Sept. 2000; (IP/N/1/DEU/I/2 - 06/02/2004)
Notice of Patent Information Centres authorised to accept patent and utility model applications of 22 Feb. 2001 (IP/N/1/DEU/I/2 - 06/02/2004)
Article 2f "Amendment to the Patent Law" of the Third Law to Amend the Judicial Officers Law and Other Laws of 6 August 1998 (IP/N/1/DEU/P/1/Add.1 - 06/02/2004)
Law to Reform the Law relating to Merchants and Firms and to Amend other Provisions of Commercial and Company Law (Commercial Law Reform Law – HrefG), of 22 June 1998 (IP/N/1/DEU/T/1/Add.2, IP/N/1/DEU/T/2/Add.2, IP/N/1/DEU/U/1/Add.1 - 06/02/2004)
Law to Amend the Law to Reform the Professional Law of Attorneys-at-law and Patent Attorneys, of 17 December 1999 (IP/N/1/DEU/T/1/Add.3, IP/N/1/DEU/T/2/Add.3 - 06/02/2004)
Article 4 of the Law on Distance Contracts and other Matters of the Law relating to Consumers as well as on the Conversion of Provisions to Euro, of 27 June 2000, representing an amendment to the Act Against Unfair Competition (IP/N/1/DEU/U/1/Add.2 - 06/02/2004)
Article 1 of the Act on Comparative Advertising and to Amend Provisions of Competition Law, of 1 September 2000. (IP/N/1/DEU/U/1/Add.3 - 06/02/2004)
Second Order Amending the Trade Mark Regulations of 1 July 1998 (IP/N/1/DEU/1/Rev.1/Add.1 - 03/02/2004)
Third Order Amending the Trade Mark Regulations of 21 December 1998 (IP/N/1/DEU/1/Rev.1/Add.1 - 03/02/2004)
Fourth Order Amending the Trade Mark Regulations, of 1 January 2002 (IP/N/1/DEU/1/Rev.1/Add.1 - 03/02/2004)
Amendment to the Trade Mark Regulations. Published in Bundesgesetzblatt (Federal Law Gazette) No 55 of 6 November 2001 (IP/N/1/DEU/1/Rev.1/Add.1 - 03/02/2004)
Amendment of the Trade Mark Regulations. Published in Bundesgesetzblatt (Federal Law Gazette) No 69 of 19 December 2001 (IP/N/1/DEU/1/Rev.1/Add.1 - 03/02/2004)
Fifth Order on the amendment of the Order Concerning Patent Applications of 27 June 1997 (IP/N/1/DEU/1/Rev.1/Add.1 - 03/02/2004)
Fifth Order Amending the Order Concerning Patent Applications of 1 January 2002 (IP/N/1/DEU/1/Rev.1/Add.1 - 03/02/2004)
Amendment to the Order Concerning Applications for Utility Models. Published in Bundesgesetzblatt (Federal Law Gazette) No 69 of 19 December 2001 (IP/N/1/DEU/1/Rev.1/Add.1 - 03/02/2004)
Fifth Order on the amendment of the Order Concerning Utility Model Applications of 27 June 1997 (IP/N/1/DEU/1/Rev.1/Add.1 - 03/02/2004)
Order Repealing the Order Concerning the Provision of Information on the State of the Art of 27 November 2001 (IP/N/1/DEU/1/Rev.1/Add.1 - 03/02/2004)
Order Amending the Order Concerning the Designs Register of 1 January 2002 (IP/N/1/DEU/1/Rev.1/Add.1 - 03/02/2004)
Recent amendments on the Law on Employee Inventions of July 1957 (IP/N/1/DEU/P/4/Add.1 - 21/10/1998)
Recent amendments of the Law on the Extension of Industrial Property Rights (Extension Law) (IP/N/1/DEU/I/1/Add.1 - 20/10/1998)
Plant Variety Protection Act of 11 December 1985, as last amended by Law of 25 October 1994 (IP/N/1/DEU/P/2 - 05/05/1997)
Utility Model Law of 28 August 1986, as last amended by Law of 23 March 1993 (IP/N/1/DEU/P/3 - 15/11/1996)
Law on Employee Inventions of 25 July 1957, as last amended by Law of 24 June 1994 (IP/N/1/DEU/P/4 - 15/11/1996)
Patent Law, of 16 December 1980, as last amended by Law of 25 October 1994 (IP/N/1/DEU/P/1 - 14/11/1996)
Law on the Protection of the Topographies of Microelectronic Semiconductor Products of 22 October 1987 (Semiconductor Protection Law), as last amended by Law of 7 March 1990 (IP/N/1/DEU/L/1 - 13/11/1996)
Law on the Extension of Industrial Property Rights (Extension Law) of 23 April 1992, as last amended by Law of 30 August 1994 (IP/N/1/DEU/I/1 - 08/11/1996)
Agreement concerning the attached Law of 1996 Amending the Trade Mark Law. (IP/N/1/DEU/T/2 - 04/11/1996)
Protection of Trademarks and Other Signs (Trademark Law) of 25 October 1994 (IP/N/1/DEU/T/1 - 10/10/1996)
Law against Unfair Competition of 7 June 1909, as last amended by Law of 25 October 1994 (IP/N/1/DEU/U/1 - 10/10/1996)
Article 54, as amended by the Law of 24 June 1985 and by the Law of 25 July 1994, of the Law dealing with Copyright and Related Rights (Copyright Law) of 9 September 1965, and Articles 54 a - 54 h of that Law. (IP/N/1/DEU/C/1/Add.1 - 06/08/1996)
Law on Publishing Contracts of 19 June 1901, as last amended by Law of 9 September 1965 (IP/N/1/DEU/1/Rev.1 - 29/05/1996)
Order Concerning the Mediation Body for Copyright Disputes of 20 December 1985, as last amended by Law of 24 June 1984 (IP/N/1/DEU/1/Rev.1 - 29/05/1996)
Order Concerning the Registration of the Name of the Author of 18 December 1965, as last amended by Order of 15 October 1991 (IP/N/1/DEU/1/Rev.1 - 29/05/1996)
Law Concerning the Fees of the Patent Office and the Patent Court of 18 August 1976, as last amended by Law of 25 October 1994 (IP/N/1/DEU/1/Rev.1 - 29/05/1996)
Order Concerning the Payment of Fees with the German Patent Office and the Federal Patent Court of 15 October 1991, as last amended by Order of 17 March 1994 (IP/N/1/DEU/1/Rev.1 - 29/05/1996)
Order Concerning Administration Costs with the German Patent Office of 15 October 1991, as last amended by Order of 19 November 1995 (IP/N/1/DEU/1/Rev.1 - 29/05/1996)
Order Concerning Patent Applications of 29 May 1981, as last amended by Law of 25 October 1994 (IP/N/1/DEU/1/Rev.1 - 29/05/1996)
Order Concerning Utility Model Applications of 12 November 1986, as last amended by Order of 21 October 1992. (IP/N/1/DEU/1/Rev.1 - 29/05/1996)
Order Concerning the Procedure before the Federal Plant Variety Office of 30 December 1985, as last amended by Order of 7 November 1994 (IP/N/1/DEU/1/Rev.1 - 29/05/1996)
Order Concerning the Application of Topographies of Microelectronic Semiconductor Products of 4 November 1987 (IP/N/1/DEU/1/Rev.1 - 29/05/1996)
Code of Civil Procedure of 30 January 1877, as last amended by Law of 18 December 1995 (IP/N/1/DEU/1/Rev.1 - 29/05/1996)
Judiciary Law of 27 January 1877, as last amended by Law of 16 June 1995 (IP/N/1/DEU/1/Rev.1 - 29/05/1996)
Law on Court Costs of 18 June 1878, as last amended by Law of 28 October 1994 (IP/N/1/DEU/1/Rev.1 - 29/05/1996)
Penal Code of 15 May 1871, as last amended by Law of 21 August 1995 (IP/N/1/DEU/1/Rev.1 - 29/05/1996)
Code of Criminal Procedure of 1 February 1877, as last amended y Law of 21 August 1995 (IP/N/1/DEU/1/Rev.1 - 29/05/1996)
Law on Minor Offences of 24 May 1968, as last amended by Law of 28 October 1994. (IP/N/1/DEU/1/Rev.1 - 29/05/1996)
Law on Service in Administrative Procedures of 3 July 1952, as last amended by Law of 12 September 1990 (IP/N/1/DEU/1/Rev.1 - 29/05/1996)
Fiscal Code of 16 March 1976, as last amended by Law of 18 December 1995 (IP/N/1/DEU/1/Rev.1 - 29/05/1996)
Law dealing with Copyright and Related Rights (Copyright Law) of 9 September 1965, as last amended by Law of 23 June 1995 (IP/N/1/DEU/C/1 - 28/05/1996)
Law Dealing with the Administration of Copyright and Related Rights (Copyright Administration Act) of 9 September 1965, as last amended by Law of 23 June 1995 (IP/N/1/DEU/C/2 - 24/05/1996)
Law on Publishing Contracts of 19 June 1901 (IP/N/1/DEU/1 - 21/02/1996)
Order Concerning the Mediation Body for Copyright Disputes of 20 December 1985 (IP/N/1/DEU/1 - 21/02/1996)
Order Concerning the Registration of the Name of the Author of 18 December 1965 (IP/N/1/DEU/1 - 21/02/1996)
Order Concerning the Implementation of the Trademark Law of 30 November 1994 (IP/N/1/DEU/1 - 21/02/1996)
Order Concerning the Payment of Fees with the German Patent Office and the Federal Patent Court of 15 October 1991 (IP/N/1/DEU/1 - 21/02/1996)
Order Concerning Administration Costs with the German Patent Office of 15 October 1991 (IP/N/1/DEU/1 - 21/02/1996)
Law Concerning the Fees of the Patent Office and the Patent Court of 18 August 1976 (IP/N/1/DEU/1 - 21/02/1996)
Order Concerning Industrial Designs and Type Faces Applications of 8 January 1988 (IP/N/1/DEU/1 - 21/02/1996)
Order Concerning Patent Applications of 29 May 1981 (IP/N/1/DEU/1 - 21/02/1996)
Order Concerning Utility Model Applications of 12 November 1986 (IP/N/1/DEU/1 - 21/02/1996)
Order Concerning the Procedure before the Federal Plant Variety Office of 30 December 1985 (IP/N/1/DEU/1 - 21/02/1996)
Order Concerning the Application of Designs and Type Faces of 8 January 1988 (IP/N/1/DEU/1 - 21/02/1996)
Code of Civil Procedure of 30 January 1877 (IP/N/1/DEU/1 - 21/02/1996)
Judiciary Law of 27 January 1877 (IP/N/1/DEU/1 - 21/02/1996)
Law on Court Costs of 18 June 1878 (IP/N/1/DEU/1 - 21/02/1996)
Penal Code of 15 May 1871 (IP/N/1/DEU/1 - 21/02/1996)
Code of Criminal Procedure of 1 February 1877 (IP/N/1/DEU/1 - 21/02/1996)
Law on Minor Offences of 24 May 1968 (IP/N/1/DEU/1 - 21/02/1996)
Law on Service in Administrative Procedures of 3 July 1952 (IP/N/1/DEU/1 - 21/02/1996)
Fiscal Code of 16 March 1976 (IP/N/1/DEU/1 - 21/02/1996)
4. Title of law or regulation
Act on the Legal Protection of Designs (Designgesetz – DesignG)
5. Nature of notification
Main dedicated intellectual property law or regulation (Main laws and regulations must be notified in a WTO language (English, French or Spanish). Where an authentic national text of a law or regulation is not available in a WTO language, the authentic text of that law or regulation in a national language shall be notified, in addition to the translation into a WTO language.)
Other law or regulation (Other laws and regulations can be notified in a Member's national language)
6. Brief description
The legal reform mainly introduced the invalidity proceedings and changes the designation of the property right to design. - Invalidity proceedings The German Patent and Trade Mark Office (DPMA) registers the design without examination of all substantive requirements. Should it become apparent, after registration, that, for example, the design lacks novelty or individual character, a third party can file an application for the determination of invalidity. If the registered design is invalid, it will be cancelled from the Design Register after conclusion of invalidity proceedings. The registration will be deemed not to have had any protective effect as from the outset. What kind of applications can be filed? The Design Act (Designgesetz) distinguishes between an "application for the determination of invalidity" and an "application for the declaration of invalidity". • The "application for the determination of invalidity" relates to absolute grounds for invalidity (the appearance of the product does not constitute a design, lack of novelty/individual character, exclusion from design protection). Anybody may file this application. • The "application for the declaration of invalidity" relates to relative grounds for invalidity (works protected by copyright, registered designs or distinctive signs with an earlier filing or priority date). The application can only be filed by the right holder concerned. The application for the determination or declaration of invalidity is subject to a fee and must be filed in writing including a statement of grounds. Please note that you must indicate all the facts and evidence in support of the statement of grounds. The grounds of invalidity on which the application is based must be clearly stated. The application for the determination or declaration of invalidity determines the matter to be examined in a way that the German Patent and Trade Mark Office is bound by the grounds stated in the application. In addition, the conflicting earlier designs or other rights cited against the challenged registered design must be indicated precisely. Before filing such an application you should consider the financial risk because in the case of a dispute, the losing party must usually also bear the costs of the opposing party. The DPMA informs the holder of the registered design about the application for the determination or declaration of invalidity. If the right holder does not contest the application within one month, invalidity will be determined or declared. Where the applicant contests the application, the Design Division continues invalidity proceedings and decides on the application on the basis of the submitted facts and evidence - after a hearing, if necessary. If the registered design is invalid, it will be cancelled from the Design Register. Such a design does not have had any protective effect as from the outset. Action brought before the competent regional court The regional court will decide on question of invalidity only if a "counterclaim" is filed. If, for example, a design holder is sued because of infringement of another design right, they can file a counterclaim, arguing that the registered design of the claimant does not fulfil the requirements of protection. Otherwise, the court will presume in such infringement proceedings that the registered design of the claimant is legally valid. - Change of designation The German designation of the registered property right, the "Geschmacksmuster", was initially based on the French usage "dessins et modèles", which was translated as "patterns and models". With the increasing internationality the need to protect intellectual property at international level is also growing. For the resulting international regulations on intellectual property, the term “design” has become increasingly common in the past.
7. Date of entry into force
Date of entry into force (DD/MM/YYYY)
Please provide explanation if necessary
Design Act in the version published on 24 February 2014 (Federal Law Gazette I, p. 122), as last amended by Article 10 of the Act of 10 August 2021 (Federal Law Gazette I, p. 3490) This Act serves to implement Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs (OJ L 289, 28.10.1998, p. 28). It was adopted by the Bundestag as Article 1 of the Act of 12 March 2004 (Federal Law Gazette I, p. 390). Pursuant to Article 6 (1) of that Act, it enters into force on 1 June 2004. Pursuant to Article 6 (2), section 26, section 52 (2) and section 63 (2) enter into force with effect from 19 March 2004.
8. Other date
Adoption, or
Enactment, or
Publication, or
Issuance by legislature or executive
None
DD/MM/YYYY
9. Other information (if applicable)
IP/N/1/EU/D/1 (Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs)
10. Contact information of agency or authority responsible
Federal Ministry of Justice - III B 5, Mohrenstr. 37, 10117 Berlin, Germany, Email: IIIB5@bmj.bund.de
11. Link to Legal text
https://ip-documents.info/2023/IP/DEU/23_12519_00_e.pdf
12. Notes
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