Law on the legal protection of designs (Design Act – GeschmMG)

Section 1
Requirements for protection

§ 1 Begriffsbestimmungen

In this Act

1.

is a pattern of the two-dimensional or three-dimensional appearance of the whole or a part thereof, particular those resulting from the features of the lines, Contours, Colors, the shape, Texture or materials of the product itself or its ornamentation;

2.

is a product of any industrial or handicraft item, including packaging, Equipment, graphic symbols and typographic characters as well as individual parts, to be assembled into a complex product; a computer program is not considered product;

3.

is a complex product, a product of several components, which can be replaced, so that the product apart- and then can be assembled;

4.

is a designated use, the use by the end user, excluding maintenance, Maintenance or repair;

5.

as the legal owner is the registered owner in the register of the design.

§ 2 Design protection

(1) As a design, a pattern is protected, this is new and has individual character.

(2) A design shall be considered new, if before the filing no identical design has been disclosed. Patterns are considered identical, if their features differ only in immaterial details.

(3) A pattern has character, if the overall impression, it causes the informed user, differs from the overall impression, a different pattern of the user with this causes, which has been disclosed prior to the filing. In assessing individual character, the degree of freedom of the designer in developing the design into account.

§ 3 Ausschluss vom Geschmacksmusterschutz

(1) Excluded from design protection are

1.

Release characteristics of products, which are solely dictated by its technical function;

2.

Release characteristics of products, necessarily in the exact form and their exact dimensions to be replicated, order that the product, in which the design is incorporated or to which it is used, with another product or mechanically connected to, or in this, can be attached to this or around, way that both their products function;

3.

Muster, which are contrary to public policy or to accepted principles of morality;

4.

Muster, the improper use of a product in the 6th to the Paris Convention for the Protection of Industrial Property listed signs or other markings, Emblems and coats of arms represent the public interest.

(2) Release characteristics referred to in paragraph 1 No.. 2 are not excluded from design protection, if they serve the purpose, to allow the assembly or connection of a plurality of interchangeable parts within a system components.

§ 4 Bauelemente komplexer Erzeugnisse

A pattern, the case of a product, the component of a complex product, is used or incorporated in products, shall be considered as new and have individual character:, when the device, that is inserted into a complex product, during normal use of the visible remains and meet those visible features of the device itself, the requirements of novelty and individual character.

§ 5 Revelation

A pattern is revealed, when it made known, exposed, used in trade or otherwise been made available to the public, unless, that this active in the community professionals of the sector in the normal course of business prior to the filing of the pattern could not be known. A sample is considered not disclosed, if there was a third party only under explicit or implicit conditions of confidentiality made known.

§ 6 Neuheitsschonfrist

A disclosure shall in the application of § 2 Abs. 2 and 3 unconsidered, if a pattern was made during the twelve months prior to the filing by the designer or his successor or a third person as a result of information or actions of the designer or his successor in the public. The same applies, if the pattern was revealed as a result of an abuse in relation to the designer or his successor.

Section 2
Authorized

§ 7 Recht auf das Geschmacksmuster

(1) The rights to the design in the designer or his successor. More persons have jointly designed a pattern, they share the right of the design is to jointly.

(2) If a pattern is developed by an employee in the performance of his duties or following the instructions of his employer, Sun has the right to the design to the employer, unless the parties stipulate otherwise agreed.

§ 8 Formelle Berechtigung

Applicants for and holders apply in proceedings, affecting a design, obliged to be justified and.

§ 9 Ansprüche gegenüber Nichtberechtigten

(1) Is a design patent on the name of a not in accordance with § 7 Authorized registered, the entitled without prejudice to other claims require the transfer of the design or the consent to the deletion. Anyone who is not registered as beneficiaries of several owners, may require the granting of his co-ownership.

(2) The claims referred to in paragraph 1 only within a period of three years are claimed by action from publication of the design. This does not apply, if the right holder in bad faith when registering or during a transfer of the design was.

(3) For a complete change of ownership under paragraph 1 Sentence 1 lapse upon the registration of voters in the register licenses and other rights. When the former legal owner or a licensee has exploited the design or made effective and serious preparations has, he may continue such exploitation, if, during the new owners applied for within a period of one month after its registration, a license. The license shall be granted for a reasonable period and upon reasonable conditions. The sentences 2 and 3 do not apply, if the right holder or the licensee at the time, when he began to exploit or make preparations to do, bad faith was.

(4) The fact that legal proceedings in accordance with paragraph 2, The final decision in this proceeding and any other termination of this process and any change of ownership as a result of this process are in the Register of Designs (Register) registered.

§ 10 Entwerferbenennung

The designer shall have against the applicant or the rightful owner the right, in proceedings before the German Patent- named and Trademark Office and in the register to be. If the pattern is the result of team work, can any individual designers require his nomination.

Section 3
Registration procedure

§ 11 Anmeldung

(1) The application for registration of a design in the register at the German Patent- and Trademark Office to submit. The application may also be submitted via a patent information center, if this position is determined by the Federal Department of Justice in the Federal Law Gazette to, Design applications receive.

(2) The notification must contain:

1.

an application to register,

2.

Information, which allow, establish the identity of the applicant,

3.

one representation of the design suitable for publication and

4.

an indication of the products, to be in the the design is incorporated or to which it is used.

If an application under § 21 Abs. 1 Sentence 1 posed, Playback can be replaced by a two-dimensional specimen.

(3) The application must meet the other requirements of registration, in an ordinance pursuant to § 26 have been determined.

(4) The application may include additional:

1.

a description explaining the representation,

2.

a request for deferment of publication pursuant to § picture 21 Abs. 1 Sentence 1,

3.

A directory with the class of goods or classes of goods, in which the design is to be classified,

4.

the words of the designer or the designer,

5.

the indication of a representative.

(5) The information specified in paragraph 2 No.. 4 and paragraph 4 No.. 3 have no effect on the scope of the design.

(6) The applicant may withdraw the application at any time.

§ 12 Multiple application

(1) Several designs may be combined in one application (Multiple application). The multiple application may no longer than 100 Pattern comprise, must belong to the same class of goods.

(2) The applicant may file a multiple application by notice to the German Patent- and Trademark Office shall. The division does not affect the filing date. Is the sum of the charges, which would be payable under the Patent Act costs for each divisional application, higher than the entry fees paid, Sun subsequently be paid the difference.

§ 13 Filing

(1) The filing of a design is the day, according to the documents containing the information § 11 Abs. 2

1.

the German Patent- and Trademark Office

2.

or, if this position is determined by the Federal Department of Justice in the Federal Law Gazette to, a patent information center

are received.

(2) Is effectively a priority under § 14 or § 15 claimed, occurs in the application of § § 2 to 6, 12 Abs. 2 Sentence 2, § 21 Abs. 1 Sentence 1, § 34 Sentence 1 No.. 3 and § 41 the priority date in the place of the filing date.

§ 14 Ausländische Priorität

(1) Who after a treaty takes priority from an earlier foreign application of the same design in claim, has before the end of 16. Month from the priority date, Specify country and reference number of the previous application and file a copy of the previous application. Within the period, the data will be changed.

(2) If the earlier application was filed in a state, with no treaty on the recognition of the priority is, the applicant may occupy the right of priority under the Paris Convention priority right in corresponding claim, where according to an announcement from the Federal Ministry of Justice in the Federal Law Gazette, the other state because a first application to the German Patent- and Trademark Office granted a right of priority, according to the conditions and content of the right of priority under the Paris Convention is; Paragraph 1 applies.

(3) The particulars referred to in paragraph 1 made on time and the copy submitted in time, shall be borne by the German Patent- and Trademark Office, the priority in the register. If the applicant has made a priority until after the publication of the registration of a design in claim or changed information, will notice the extent rescheduled. The particulars referred to in paragraph 1 not made in time or if the transcript is not filed on time, shall apply the declaration of priority has not submitted. The German Patent- and Trademark Office states this.

§ 15 Ausstellungspriorität

(1) If the applicant has made a pattern on a national or international exhibition on display, it may, if he files the application within a period of six months from the first display, from that day on a right of priority avail.

(2) The exhibitions in terms of paragraph 1 be determined in each case in an announcement by the Federal Ministry of Justice in the Federal Law Gazette on exhibition protection.

(3) Who is a priority under paragraph 1 increases in claim, has before the end of 16. Month following the date of the first display of the pattern indicate the day and the exhibition as well as to provide evidence for this display. § 14 Abs. 3 shall apply mutatis mutandis.

(4) The exhibition priority pursuant to paragraph 1 extended the priority deadlines under § 14 Abs. 1 not.

§ 16 Prüfung der Anmeldung

(1) The German Patent- and Trademark Office, whether

1.

the registration fee in accordance with § 5 Abs. 1 Sentence 1 costs of patent law and

2.

advance of expenses under § 5 Abs. 1 Sentence 1 Patent Law of the costs were paid,

3.

the conditions for granting the filing in accordance with § 11 Abs. 2 and present

4.

the application as the other application requirements as.

(2) If the application for failure to pay the filing fees under § 6 Abs. 2 costs of patent law to be withdrawn, represents the German Patent- and Trademark Office that finding.

(3) Be at insufficient payment of fees within a the German Patent- and Trademark Office deadline, the registration fee for a multiple application, not in sufficient amounts or is made good by the applicant made no stipulation as, which designs are to be covered by the amount paid, determined, the German Patent- and Trademark Office, which designs are considered. In addition, the application shall be deemed withdrawn. The German Patent- and Trademark Office states this.

(4) Was only the costs incurred by an advance for the publication costs not paid or not paid a sufficient amount, is paragraph 3 shall apply mutatis mutandis, with the proviso, that the German Patent- and Trademark Office, the application wholly or partly reject.

(5) The German Patent- and Trademark Office requested for defects under paragraph 1 No.. 3 and 4 the applicant to, eliminated within a specified period, the deficiencies noted. If the applicant fails the request of the German Patent- and Trademark Office by, will recognize the German Patent- and Trademark Office in case of defects provided for in paragraph 1 No.. 3 a filing under § 13 Abs. 1 the day, where the deficiencies are eliminated. If the deficiencies are not corrected in time, shall reject the German Patent- and Trademark Office, the application by decision back.

§ 17 Weiterbehandlung der Anmeldung

(1) After failure is one of the German Patent- and Trademark Office specified period the design application was rejected, then the decision to reject ineffective, without his express annulment, if the applicant requests further processing of the application and makes up for an omitted act.

(2) The request for further treatment must be filed within one month of notification of the decision to refuse the design application. The omitted act must be completed within this period.

(3) Against the non-observance of the time limit under paragraph 2 and the deadline for payment of the fee for further processing in accordance with § 6 Abs. 1 Sentence 1 costs of patent law is not a reinstatement given.

(4) On the request, the agency decides, which is to decide on the completed act.

§ 18 Eintragungshindernisse

Is the subject of the application is no pattern in terms of § 1 No.. 1 or pattern is in accordance with § 3 Abs. 1 No.. 3 or No.. 4 excluded from design protection, shall reject the German Patent- and Trademark Office, the application in.

§ 19 Führung des Registers und Eintragung

(1) The Register of Designs is the German Patent- and Trademark Office conducted.

(2) The German Patent- and Trademark Office shall register the registrable details of the applicant in the register, without checking its authorization to log on and the accuracy of the information in the notification, and determined, which classes of goods are to be entered.

§ 20 Bekanntmachung

The entry in the register is a representation of the design by the German Patent- and Trademark Office made public. They accept no responsibility for the completeness of the image and the visibility of appearance features of the design. The cost of advertising are charged as expenses.

§ 21 Aufschiebung der Bekanntmachung

(1) By registering to play, the deferment of 30 Months from the filing date sought. Where the application is, shall be limited to the notice of the registration of the design in the Register.

(2) The protection may be on the term of protection in accordance with § 27 Abs. 2 extends to, if the right holder within the deferment, the extension fee under § 5 Abs. 1 Sentence 1 Patent Law of the costs paid. Unless the possibility of § 11 Abs. 2 Sentence 2 Use has been made, be filed within the period of deferment, a representation of the design.

(3) The notice playing under § 20 is recalling the notice under paragraph 1 Sentence 2 rescheduled at the end of the deferment period or, on request, at an earlier date.

(4) The protection period expires at the end of the deferment, if protection is not provided for in paragraph 2 extends is. In designs, which have been registered on the basis of a multiple application, , the belated notice be limited to some of the designs.

§ 22 Einsichtnahme in das Register

The inspection of the Register is free to anyone. The right, the representation of a design and the German Patent- and Trademark Office on design files kept view, is, when

1.

playback has been made public,

2.

the applicant or the holder has given his approval or

3.

a legitimate interest is prima facie.

§ 23 Verfahrensvorschriften, Complaint and appeal

(1) The German Patent- and Trademark Office decides in proceedings under this Act by a legally qualified member as defined in § 26 Abs. 2 Sentence 2 of the Patent Act. For the exclusion and challenge of this member of the German Patent- and Trademark Office, § § 41 to 44, 45 Abs. 2 Sentence 2 and § § 47 to 49 Code of Civil Procedure on the exclusion and rejection of the court personnel, in accordance. Decision on the defendant's request, as far as a decision needs, another legally qualified member of the German Patent- and Trademark Office, the President of the German Patent- and Trademark Office has determined generally for such decisions. § 123 Abs. 1 to 5 and 7 and § § 124, 126 to 128a of the Patent Act shall apply mutatis mutandis.

(2) Against the decisions of the German Patent- and Trademark Office in proceedings under this Act shall take the complaint to the Federal Patent Court. On the complaint a complaint Senate of the Federal Patent Court decides in the composition of three legally qualified members. The § § 69, 73 Abs. 2 to 4, § 74 Abs. 1, § 75 Abs. 1, , § § 76 to 80 and 86 to 99, 123 Abs. 1 to 5 and 7 and § § 124, 126 128b to the Patent Act shall apply mutatis mutandis.

(3) Against the decisions of the Board of the Senate on a complaint under paragraph 2 held the appeal to the Federal Court, if the board of appeal granted the appeal. § 100 Abs. 2 and 3, , § § 101 to 109, 123 Abs. 1 to 5 and 7 and § § 124 and 128b of the Patent Act shall apply mutatis mutandis.

§ 24 Verfahrenskostenhilfe

In proceedings under § 23 The registrant will receive the request with appropriate application of § § 114 to 116 Code of Civil Procedure of legal aid, if reasonable prospect of registration of the design is in the register. At the request of the holder of legal aid may also apply to the costs of the extension of protection under § 21 Abs. 2 Sentence 1 and for the maintenance fees under § 28 Abs. 1 Sentence 1 be granted. § 130 Abs. 2, 3 and 5 and § § 133 to 138 of the Patent Act shall apply mutatis mutandis.

§ 25 Elektronische Verfahrensführung, Regulatory power

(1) Insofar as in proceedings before the Patent Office applications, Motions or other actions provided the written form, The regulations of § 130a Abs. 1 Sentence 1 and 3 and Abs. 3 Code of Civil Procedure accordingly.

(2) The case files of the Patent Court and the Federal Court may be made electronically. The provisions of the Code of Civil Procedure on electronic documents, the electronic file and the electronic process control in all other respects in accordance, far from this Act states otherwise.

(3) The Federal Ministry of Justice determined by ordinance without approval from the

1.

timing, may be submitted by the electronic documents on the Patent Office and the courts, which is suitable for the processing of the documents and the form to be used in electronic signature;

2.

timing, of the documents submitted by the paragraph 2 can be conducted electronically, and the provisions governing organizational and technical conditions for the formation, Maintenance and preservation of the electronic case file.

§ 26 Verordnungsermächtigungen

(1) The Federal Ministry of Justice regulated by ordinance, not requiring the consent of the Bundesrat,

1.

the establishment and activities of the German Patent- and Trademark Office and the form of the method in design matters, if not by law, provisions are also made,

2.

the shape and the other requirements of the application and the representation of the design,

3.

the allowable dimensions of under § 11 Abs. 2 Sentence 2 attached to the notification pattern portion,

4.

the content and scope of the declaration accompanying description explaining the representation,

5.

the classification of goods classes,

6.

the management and design of the register to be entered in the register, including the facts and the manner of publication,

7.

Registration for the treatment of a representation of the design products annexed after cancellation of the registration in the Register and

8.

The proceedings before the German Patent- and Trademark Office for the protection of industrial designs under the Hague Agreement.

(2) The Ministry of Justice is authorized, by ordinance, not requiring the consent of the Bundesrat, Officials in the higher and middle service, and comparable employees to entrust the management of business processes in the register in terms of, by their very nature offer to any particular legal difficulties. Excluded are however

1.

the findings and decisions in accordance with § 14 Abs. 3 Sentence 4 and § 16 Abs. 2 to 5 for reasons, where the applicant has objected,

2.

the rejection under § 18 and the refusal of protection of an international registration under § 69,

3.

the cancellation in accordance with § 36 Abs. 1 No.. 2 to 5,

4.

by the information provided by the applicant (§ 11 Abs. 4 No.. 3) deviating decision to be entered in the register and known to be rendered and goods classes

5.

the presentation of the complaint or remedy (§ 23 Abs. 2 Sentence 3) against a decision in proceedings under this Act.

(3) For the exclusion and challenge of in accordance with paragraph 2 Sentence 1 responsible person, § 23 Abs. 1 Sentence 2 and 3 appropriate application.

(4) The Federal Ministry of Justice, the authorizations under paragraphs 1 and 2 by ordinance, not requiring the consent of the Bundesrat, wholly or partly on the German Patent- and Trademark Office transferred.

Section 4
Formation and duration of protection

§ 27 Formation and duration of protection

(1) The protection begins with the entry in the register.

(2) The duration of protection of the design is 25 Years, counted from the filing.

§ 28 Aufrechterhaltung

(1) The term of protection is by paying a maintenance fee for each 6. to 10., 11. to 15., 16. to 20. and for 21. to 25. Year of the term of protection causes. She is entered in the register and published.

(2) Is at designs, which have been registered on the basis of a multiple application, the maintenance fee paid without giving details only for a part of the design, they will be considered in the order of registration.

(3) If the protection is not maintained, thus ending the period of protection.

Section 5
Design as an object of property

§ 29 Rechtsnachfolge

(1) The right to a design can be applied to other or go.

(2) Include the design to a company or a part of a company, then the design is in any doubt of the transfer or the transfer of an undertaking or part of the company, to which the design is one, recorded.

(3) The transfer of the right of the design shall be registered at the request of the holder or the assignee in the register, when the German Patent- and Trademark Office is established.

§ 30 Dingliche Rechte, Foreclosure, Insolvency proceedings

(1) The right to a design may

1.

The subject of a right to be, in particular pledged, or

2.

The subject of the enforcement measures be.

(2) In paragraph 1 No.. 1 rights referred to in paragraph or 1 No.. 2 above shall be entered at the request of creditors or other claimants in the register, when the German Patent- be detected and Trademark Office.

(3) If the right is recorded in a design by insolvency proceedings, then the registered at the request of the liquidator or at the request of the bankruptcy court in the register. In the case of joint proprietorship of a design is set 1 to the share of the joint proprietor shall apply. In the case of self-administration (§ 270 the Insolvency Act) occurs, the trustee in the place of the liquidator.

§ 31 Lizenz

(1) The right holder may grant licenses for the whole or part of the territory of the Federal Republic of Germany. A license may be exclusive or non-exclusive.

(2) The right holder may invoke the rights under it against a licensee, the terms

1.

the duration of the license,

2.

the form of the use of the design,

3.

the selection of the products, for which the license is issued,

4.

of area, for which the license is issued, or

5.

the quality of the products manufactured by the licensee

contravenes a provision of the license agreement.

(3) Notwithstanding the provisions of the licensing contract, the licensee may bring proceedings for infringement of a design only with the consent of the right holder. This does not apply to the holder of an exclusive license, if the right holder, after being prompted, within a reasonable time not himself bring infringement proceedings pending makes.

(4) A licensee may join as an armed comrade infringement action brought by the right holder, to make the replacement of his own damage claims.

(5) The succession in accordance with § 29 or the grant of a license in terms of paragraph 1 not affect licenses, which have been granted to third parties before.

§ 32 Angemeldete Geschmacksmuster

The provisions of this section shall apply to the court by the application of designs Rights.

Section 6
Nullity and cancellation

§ 33 Nullity

(1) A design may be invalid, if the product is not a pattern, the pattern is not new and has no individuality (§ 2 Abs. 2 or para. 3) or pattern is excluded from design protection (§ 3).

(2) The declaration of invalidity made by judgment. To bring the action, everyone is entitled.

(3) The protective effects of the registration of a design apply to the entry into effect of the judgment, the nullity of the design is determined, not be deemed to have occurred. The court sent the German Patent- and Trademark Office, a copy of the final judgment.

(4) The declaration of invalidity can be done even after the termination of the term of protection or for a waiver of the design.

§ 34 Kollision mit anderen Schutzrechten

The consent to the cancellation of a design may be required,

1.

where in a later design uses a character with a distinctive character and the owner of the sign shall be entitled, to prohibit such use;

2.

where the design constitutes an unauthorized use of a work protected by copyright;

3.

where the design is within the scope of an earlier design, even if this was not revealed until after the filing of the later design.

The claim can be made only by the owner of the relevant law claims.

§ 35 Teilweise Aufrechterhaltung

A design can be maintained in amended form,

1.

by annulment in part or by way of explanation of a partial waiver of the Right Holder, if the invalidity under § 33 Abs. 1 for lack of novelty and individual character (§ 2 Abs. 2 or para. 3) or because of exclusion from design protection (§ 3) determine is, or

2.

consented to the partial deletion or explain a partial waiver, if the cancellation is in accordance with § 34 Sentence 1 No.. 1 or No.. 2 may be required,

if it meets the requirements for protection and the design retains its identity.

§ 36 Löschung

(1) The registration of a design is deleted

1.

upon termination of the period of protection;

2.

with waiver request of the right holder, if the approval of others in the register of registered holders of rights on design and the plaintiff in the event of a process under § 9 is presented;

3.

at the request of a third party, when faced with the demand a public or officially certified document with explanations by number 2 submitted;

4.

consent in accordance with § 9 or § 34 in the deletion;

5.

invalidity due upon presentation of a final judgment.

(2) Waived the right holder under paragraph 1 No.. 2 and 3 only partially on the design, he explained in paragraph 1 No.. 4 his consent to the deletion of a part of the design or is in accordance with paragraph 1 No.. 5 a partial annulment found, so instead of the deletion of the design there is a corresponding entry in the register.

Section 7
Protective effects and protection restrictions

§ 37 Gegenstand des Schutzes

(1) The protection is based on the characteristics of the manifestation of a design, which are reproduced in the application visible.

(2) Includes, for the purposes of the deferment notification under § 11 Abs. 2 Sentence 2 one-dimensional specimen, determined at the end of the proper extent of deferment under § 21 Abs. 2 the Work as submitted by the representation of the design.

§ 38 Rechte aus dem Geschmacksmuster und Schutzumfang

(1) The design shall confer on its holder the exclusive legal right, to use it and to prevent third parties, to use it without his consent. A use shall cover in particular the production, offering, the marketing, imports, export, the use of a product, in which the design is incorporated or to which it is used, and the possession of such a product for those purposes a.

(2) The protection of a design shall include any design, on the informed user a different overall impression. In assessing the scope of protection, the degree of freedom of the designer in developing his design included.

(3) During the period of deferment (§ 21 Abs. 1 Sentence 1) is the protection under paragraphs 1 and 2 ahead, that the pattern is the result of an imitation of the design.

§ 39 Vermutung der Rechtsgültigkeit

Is presumed in favor of the right holder, that the validity of a design to satisfy the requirements have been met.

§ 40 Beschränkungen der Rechte aus dem Geschmacksmuster

Rights of a design can not be enforced against

1.

Actions, are done privately and for non-commercial purposes;

2.

Acts done for experimental purposes;

3.

Reproductions for the purposes of making citations or of teaching, provided, Such representations are consistent with the practices of fair trade, interfere with the normal exploitation of the design does not unduly and specify the source;

4.

Equipment on ships and aircraft, which are registered abroad and only temporarily enter the domestic;

5.

the import of spare parts and accessories for the repair and for the execution of repairs on vessels and aircraft referred to in point 4.

§ 41 Vorbenutzungsrecht

(1) Rights under § 38 can to a third party, before the filing of domestic an identical pattern, which was independently developed by a registered design, has in good faith commenced use or made serious and effective preparations to, can not be invoked. The third party is entitled, to exploit the design. The granting of licenses (§ 31) is excluded.

(2) The rights of third parties are not transferable, unless, the third party is in business and the transfer is in conjunction with the company part, under which the place or the preparations were made.

Section 8
Rights violations

§ 42 Beseitigung, Injunction and damages

(1) Anyone contrary to § 38 Abs. 1 Sentence 1 a design used (Violator), can of the right holder or other authorized (Injured) be to eliminate the harm and danger of repetition made to cease and desist. The claim for injunctive relief is also, when activly first.

(2) If the infringer intentionally or negligently, He is to replace the resulting damage required. In the assessment of the damages can also profit, to the infringer has obtained through the violation of the right, be considered. The claim for damages may also be calculated on the basis of the amount, of the infringer had a reasonable compensation must be paid, if he had obtained the permission for the use of the design.

§ 43 Vernichtung, Recall and transfer

(1) The injured person may unlawfully made the infringer to destroy the located in the possession or ownership of the infringer, widespread or unlawful distribution of products intended avail. Sentence 1 is applicable by analogy to the property of the stationary devices, principally used for the production of these products.

(2) The injured party may call upon the infringer made from illegally, widespread or unlawful dissemination certain products or to its eventual removal from the channels of avail.

(3) Instead of in paragraph 1 proposed measures may require the injured, that his products, which are owned by the infringer, for a reasonable allowance, which may not exceed the cost, be left.

(4) The rights referred to in paragraphs 1 to 3 are excluded, if the individual measure is disproportionate. In considering the proportionality of the legitimate interests of third parties are taken into account.

(5) Essential components of buildings in accordance with § 93 of the Civil Code, and be excreted fractions of products and devices, their production and distribution is not unlawful, not subject to the paragraphs in the 1 to 3 measures foreseen.

§ 44 Haftung des Inhabers eines Unternehmens

In a company by an employee or agent is a design patent has been infringed unlawfully, then the injured party to claims under § § 42 and 43 except for the right to claim damages against the owner of the company.

§ 45 Entschädigung

The infringer is not intentionally or negligently, he can to avoid the claims under § § 42 and 43 compensate those injured in money, if it incurred in meeting the claims disproportionate harm and if the injured would be expected of the severance pay in money. As compensation, the amount payable, which would be in the event of a contractual grant of the right have been appropriate as compensation. With the payment of the compensation, the consent of the injured party to exploit the usual extent deemed to be granted.

§ 46 Information

(1) The injured party may take the violator to immediate information about the origin and the distribution of the infringing products in claim.

(2) In cases of obvious infringement, or in cases, in which the injured party has brought against the violator action, the claim is without prejudice to paragraph 1 also against a person, in the commercial scale

1.

had the infringing products in their possession,

2.

infringing services availed,

3.

provided services used in infringing activities or

4.

according to the data in a number 1, 2 or number 3 as being involved in the production, Manufacture or distribution of such products was involved,

unless, the person would be prohibited by § § 383 to 385 Code of Civil Procedure in the process right to refuse to testify against the infringer. In the case of judicial enforcement of the right to set 1 the court may suspend the proceedings pending against the infringer at the request until the completion of the run because of the right of access dispute. The person obliged to may require the replacement of the injured required for providing information expenses.

(3) The person obliged to have to provide information about

1.

The name and address of the manufacturer, Suppliers and other previous holders of the goods or services as well as the intended wholesalers and retailers, for which they were intended, and

2.

the amount of the product, delivered, received or ordered, and about the prices, were paid for the product or service.

(4) The rights referred to in paragraphs 1 and 2 are excluded, where the consumption of the individual case is disproportionate.

(5) Given the information to the person obliged intent or gross negligence is incorrect or incomplete, he is the injured party to compensation for any damage arising therefrom.

(6) Who gave a true information, for without this paragraph 1 or paragraph 2 been required to be, liable to third parties only, if he knew, that he was not obliged to provide information.

(7) In cases of infringement is obvious, the obligation to provide the information by way of injunction may under § § 935 to 945 be disposed of Civil Procedure.

(8) The findings may be used in a criminal proceeding or a proceeding under the Code of Administrative Offences for an offense committed prior to providing such information is indeed against the debtor or against an in § 52 Abs. 1 designated members of the Criminal Procedure Code be used only with the consent of the obligor.

(9) If the respondent has only using traffic data (§ 3 No.. 30 of the Telecommunications Act) be issued, for granting a prior court order on the admissibility of the use of traffic data required, to be requested by the injured. For the adoption of this arrangement, the district court, district in which the person obliged to his residence, has its headquarters or branch, without regard to the amount in dispute exclusive jurisdiction. The decision is the Civil Division. For the procedure, the provisions of the Act shall apply mutatis mutandis on the procedure in family matters and in matters of voluntary jurisdiction. The cost of the court order carries the injured. Against the decision of the district court is the appeal admissible. The appeal must be filed within a period of two weeks. The rules on protection of personal data remains unaffected.

(10) By paragraph 2 in conjunction with Article 9 is the fundamental right of privacy of telecommunications (Article 10 of the Basic Law) limited.

§ 46a Vorlage und Besichtigung

(1) At reasonable probability of a violation, the right holder or other party to accept the alleged infringer to produce a document or thing in a visit to a claim, that is in the power of disposal, if it is necessary to substantiate its claims. There is a sufficient likelihood of infringement committed on a commercial scale, the claim shall extend also to the provision of bank-, Financial- financial or commercial documents. As far as the alleged infringer asserts, that it is confidential information, , the court, the necessary measures, to ensure the necessary protection in individual cases.

(2) The claim under paragraph 1 is excluded, where the consumption of the individual case is disproportionate.

(3) The obligation to produce a document or to submit to the inspection of any matter, by way of injunction under § § 935 to 945 be disposed of Civil Procedure. The court shall take the necessary measures, to ensure the protection of confidential information. This is especially true in cases, in which the injunction without hearing the opposing party shall be adopted.

(4) § 811 of the Civil Code and § 46 Abs. 8 shall apply mutatis mutandis.

(5) If no injury was present or threatened, , the alleged infringers from that, of the template, or inspections under paragraph 1 demand has, compensation for the damage caused to him by the desire demand.

§ 46b Sicherung von Schadensersatzansprüchen

(1) The injured person may at the infringer of an offense committed on a commercial scale infringement in cases under § 42 Abs. 2 on submission of bank, Financial- financial or commercial documents, or appropriate access to the relevant information avail, which is under the control of the infringer and are necessary for the enforcement of the damages claim, if without the submission of the fulfillment of the damages claim is questionable. As far as the infringer asserts, that it is confidential information, , the court, the necessary measures, to ensure the necessary protection in individual cases.

(2) The claim under paragraph 1 is excluded, where the consumption of the individual case is disproportionate.

(3) The obligation to submit to in paragraph 1 instruments referred to in the way of an interim order pursuant to § § 935 to 945 be disposed of Civil Procedure, if the claim for damages is manifestly. The court shall take the necessary measures, to ensure the protection of confidential information. This is especially true in cases, in which the injunction without hearing the opposing party shall be adopted.

(4) § 811 of the Civil Code and § 46 Abs. 8 shall apply mutatis mutandis.

§ 47 Urteilsbekanntmachung

Is a legal proceedings brought under this Act, , the prevailing party in the ruling powers are granted, make the judgment at the expense of the losing party publicly, when shown a legitimate interest. The nature and scope of the notice will be determined in the judgment. The power goes out, when non within three months of the entry into force of the judgment has been used. The statement by Theorem 1 is not immediately enforceable.

§ 48 Erschöpfung

The rights of a design shall not extend to acts, relating to a product, is inserted into the one under the scope of the law falling in a design or pattern which is used, where the product from the owner or with his consent in a Member State of the European Union or in another State party to the Agreement on the European Economic Area has been placed on the market.

§ 49 Verjährung

The statute of limitations of § § in the 42 to 47 said claims, the provisions of section 5 the book 1 of the Civil Code shall apply mutatis mutandis. The obligated obtained by the injury at the expense of the claimant something, , § 852 of the Civil Code shall apply mutatis mutandis.

§ 50 Ansprüche aus anderen gesetzlichen Vorschriften

Claims from other statutory provisions shall remain.

§ 51 Strafvorschriften

(1) Anyone contrary to § 38 Abs. 1 Sentence 1 a design used, although the owners did not agree to, shall be punished with imprisonment up to three years or with fine.

(2) If the offender is commercially, the punishment shall be imprisonment of up to five years or a fine.

(3) The attempt is punishable.

(4) In the cases of paragraph 1 the fact is pursued only on request, unless, that the law enforcement agency because of the particular public interest in the prosecution maintains that intervention of its own motion that offered.

(5) Objects, to which the offense relates, may be confiscated. § 74a of the Penal Code is to be applied. The extent specified in § 43 designated claims in proceedings under the provisions of the Criminal Procedure Code on the compensation of the injured (§§ 403 bus 406c) granted is, These are the rules on recovery not apply.

(6) Is recognized on punishment, so ist, if the right holder requests it and a legitimate interest in it has no knowledge, organize, that judgment is made at the request of public. The nature of the publication is to be determined in the judgment.

Section 9
Proceedings on design dispute

§ 52 Design patent disputes

(1) For all actions, whereby a claim for one of the legal relationships governed by this law is invoked (Design patent disputes), are the district courts without regard to the amount in dispute exclusive jurisdiction.

(2) The Land governments are authorized, by decree and design disputes for the districts of several district courts to assign one of them, where this is in the substantive promotion or expedite the process. The Land governments may transfer this authority to the State Justice Administration.

(3) The Länder may agree to design courts of a country incumbent tasks transferred all or part of the relevant design court of another country.

(4) The cost, caused by the involvement of a patent attorney in a design patent dispute, the fees under § 13 the Attorney Fees Act and also to reimburse the necessary expenses of the patent attorney.

§ 53 Gerichtsstand bei Ansprüchen nach diesem Gesetz und dem Gesetz gegen den unlauteren Wettbewerb

Claims, concerning matters governed by this law and legal relationships are founded on provisions of the Act against Unfair Competition, can Notwithstanding § 14 of the law against unfair competition before the authorities responsible for the design court litigation are asserted.

§ 54 Streitwertbegünstigung

(1) Power in civil litigation, where action by a claim from one of the legal relationships governed by this law is invoked, a party credibly, that exposure would compromise with the legal dispute after the full value of its financial situation considerably, the court may order, at their request, that the obligation of the party to pay court costs are adjusted according to their economic situation, part of the value of measured.

(2) The order under paragraph 1 The result, that the favored party has to pay the fees of her lawyer also only to that part of the value of. As far as her legal costs imposed or if they assume this, she has to reimburse the fees paid by the opponents court fees and the fees of his lawyer only after the part of the amount in dispute. As far as the court costs imposed on the enemy or be acquired by him, the attorney of the beneficiary party recover his fees from the opponent by the law governing this dispute.

(3) The application referred to in paragraph 1 can be explained before the court office for record. He is put before the hearing on the merits. After that, he is only permitted, if the assumed or fixed amount in dispute is raised later by the court. Before the decision on the application is the opponent to hear.

Section 10
Provisions on procedures of the customs authority

§ 55 Beschlagnahme bei der Ein- and export

(1) Is a violation of rights under § 38 Abs. 1 Sentence 1 obviously before, be subject to that product, and at the request of the right holder on bail in his imports or exports of seizure by the customs authority, unless the regulation (EG) No.. 1383/2003 Rates of vom 22. July 2003 about the customs action against goods, suspected, of infringing certain intellectual property rights, and the measures imposed on, found to have infringed such rights (ABl. U.S. Nr. The 196 S. 7) apply in its current version is. This applies to the marketing of other Member States of the European Union as well as with the other parties to the Agreement on the European Economic Area only, where testing is carried out by the customs authorities.

(2) Where the customs authorities of the seizure, it shall immediately notify the person entitled and the rightholder. This is home, Notified amount and location of the product and the name and address of the person entitled; the letter- and postal privacy (Article 10 of the Basic Law) shall be restricted. The right holder shall be given an opportunity, to inspect the products, insofar as this does not in business- or trade secrets is encroached.

§ 56 Einziehung, Contradiction

(1) If the seizure is made, at the latest within two weeks after service of the notice under § 55 Abs. 2 Sentence 1 contradicted, shall order the customs authority to the confiscation of the seized goods.

(2) Should the person entitled to dispose of the seizure, the customs authority shall immediately inform the right holder. This has to declare immediately to the customs authority, whether, after the application § 55 Abs. 1 maintains with respect to the seized goods.

(3) If the owners rejected the application, highlights the customs authority the seizure without delay. Holds the request of the right holder upright and he puts an executable court decision, ordering the impounding of the seized products or a restricted, the customs authorities shall take the necessary measures.

(4) If the cases of paragraph 3 not until, highlights the customs authority the seizure after two weeks of service of the notice to the copyright owner under paragraph 2 Sentence 1 on. Facing the right holder, that the court's decision under paragraph 3 Sentence 2 requested, it is received but not yet, the seizure of a further two weeks to maintain.

(5) The seizure proves to be unwarranted from the start and has the legal owner of the application under § 55 Abs. 1 in relation to the seized goods are not maintained or immediately declared (Paragraph 2 Sentence 2), he is obliged, to compensate the person entitled damage caused by the seizure.

§ 57 Zuständigkeiten, Remedy

(1) The petition under § 55 Abs. 1 shall be submitted to the Federal Finance Office and shall be effective for one year, unless a shorter period is requested; it can be repeated. Related to the request for official acts by the legal owner under the terms of § 178 the Fiscal Code.

(2) The seizure and confiscation may be challenged by the legal remedies, that are allowed in the penalty procedure under the Code of Administrative Offences against the seizure and confiscation. On appeal, the owners heard. Against the decision of the district court is permitted an immediate appeal; they are examined by the Court of Appeal.

(3) (repealed)

§ 57a Verfahren nach der Verordnung (EG) No.. 1383/2003

(1) The competent customs authority pursuant to Article 9 Regulation (EG) No.. 1383/2003 the release of the goods or detain them, they shall immediately inform the right-holder and the applicant or the owner or the owner of the goods.

(2) In the case of paragraph 1 may apply for the right-holder, the goods in the following simplified procedure in the sense of Article 11 Regulation (EG) No.. 1383/2003 to have destroyed.

(3) The application must be at the customs authority within ten working days, or in the case of perishable goods, within three working days of receipt of the notification in paragraph 1 be in writing. It must include the release, that the goods, the subject of the procedure, a protected right under this law violate. The written consent of the applicant, the holder or the owner of the goods to their destruction is accompanied. Notwithstanding sentence 3 the applicant may, the owner or the owner's written declaration, whether he agrees or not an extermination, immediately submit to the customs authority. The sentence in 1 said period may be extended upon application before the expiry of the holder by ten working days.

(4) The agreement to destruction shall be deemed, if the applicant, the owner or the owner of the goods of the destruction within ten working days, or in the case of perishable goods, within three working days of receipt of the notification in paragraph 1 contradicts. That fact is included in the notification referred to in paragraph 1 noted.

(5) The destruction of the goods at the expense and responsibility of the right.

(6) The customs office may take over the organizational aspects of the destruction. Paragraph 5 remains unaffected.

(7) The retention period in accordance with Article 11 Abs. 1 second indent of Regulation (EG) No.. 1383/2003 is one year.

(8) Moreover, § § 55 to 57 accordingly, unless the regulation (EG) No.. 1383/2003 Contains provisions, contrary to the.

Section 11
Special provisions

§ 58 Inlandsvertreter

(1) Who domestic neither residence, Seat still has branch, can on a regulated in this law proceedings before the German Patent- and Trademark Office and the Federal Patent Court and attend only the right under a design only enforce, if he has domestically appoint a lawyer or patent attorney representing, for the representation in the proceedings before the German Patent- and Trademark Office, the Federal Patent Court and in civil litigation, concerning the design, and is authorized to provide such criminal applications.

(2) Nationals of a Member State of the European Union or of another Contracting State to the Agreement on the European Economic Area can to provide a service within the meaning of the Treaty establishing the European Community as a representative within the meaning of paragraph 1 be ordered, if they are allowed, their professional activities under one of at the facility § 1 the Law on the activities of European lawyers in Germany from 9. March 2000 (Gazette. I S. 182) or § 1 the Law on the qualifying examination for admission to the patent attorneys from 6. July 1990 (Gazette. I S. 1349, 1351) exercise in the current version listed job titles.

(3) The place, to which a paragraph 1 designated representative has his business premises, , as defined in § 23 Code of Civil Procedure as the place, at which the asset is; there is no such business premises, it is the decisive place, at the representative domestic resident, and, failing that, the place, where the German Patent- and Trademark Office has its seat.

(4) The contractual termination of the appointment of a representative in accordance with paragraph 1 does not take effect, if both the termination and the appointment of another representative, against the German Patent- and Trademark Office and the Federal Patent Court appears.

§ 59 Geschmacksmusterberühmung

Anyone who uses a name, suitable, to give the impression, that a product is protected by a registered design, is obliged, each, has a legitimate interest in knowing the legal, the right to request information about, on which design is the use of the designation is based.

§ 60 Geschmacksmuster nach dem Erstreckungsgesetz

(1) For all after the extension of the law of 23. April 1992 (Gazette. I S. 938), last amended by Article 2 Abs. 10 of the Law of 12. March 2004 (Gazette. I S. 390), extended design, the provisions of this Act, where in paragraphs 2 to 7 otherwise determined.

(2) The term of protection for designs, the most 28. October 2001 are not extinguished, ends 25 Years after the end of the month, the date of filing. The term of protection is by paying a maintenance fee for the 16. to 20. Year and for the 21. to 25. Year, filing of the application, causes.

(3) Is entitled to compensation for the use of a design in accordance with applicable law and until the extension legislation already incurred, then pay the fee even under those provisions.

(4) Who designs one, by the under § 4 extension of the Act as amended by 31. More 2004 extended author's certificate was protected or which was notified to the grant of a copyright bill, has under the applicable law and until the extension legislation taken legally in use, can continue to use this throughout the country. The owner of the property right may require the person entitled to reasonable compensation for the continued use.

(5) Is an under § 4 extension of the Act as amended by 31. More 2004 extended for a patent for an industrial design under § 10 Abs. 1 Regulation on industrial pattern of 17. January 1974 (GBl. The Nr. 15 S. 140), by the Order of the 9. December 1988 (GBl. The Nr. 28 S. 333) has been amended,, been published, Sun is this the publication of the registration of the application in the design Register under § 8 No.. 2 the Design Act in until the end of the 31. More 2004 amended equal.

(6) As far as design, after the extension of the Act to in Article 3 of the Unification Treaty area or the rest of Germany has been extended, in its scope of protection as a result of match and meet extension, , holders of such patents, or patent applications regardless of their seniority rights under the patents or patent applications not played against those persons, which the owner of other property rights or other industrial property rights has allowed the use, enforce. The subject matter of the patent or patent application may, however, in the field, on the protection of the law or the application for protection has been extended, be used or not under restrictions, where unrestricted use to a significant impairment of the owner of other property rights or other industrial property rights, or persons, which it has authorized the use of the property of his right or his application for protection, would lead, unreasonable having regard to all the circumstances of the case and considering the legitimate interests of the parties would be.

(7) The effect of under § 1 or § 4 extension of the Act as amended by 31. More 2004 extended design does not occur to those, of the design within the field, where it is not applicable until the extent of the law was, under the law applicable to the priority of the application date and before the 1. July 1990 has taken legally in use. This is empowered, the design throughout the country to meet the needs of its own holding in their own or other workshops in the application of § 12 exploit the patent law resulting barriers, as far as the use does not result in significant impairment of the holder of the patent or any person, which it has authorized the use of the property of his property right, leads, unreasonable having regard to all the circumstances of the case and considering the legitimate interests of the parties would be. For a product manufactured abroad the user a right of continued use is to set 1 only too, if by using inland a privileged acquis has been established, its non-recognition would be taking into account all circumstances of the case for the user an undue hardship.

§ 61 Typografische Schriftzeichen

(1) Which according to Article 2 the character in the law by the end of the 1. June 2004 amended notified typographic characters are granted legal protection under this Act, where in paragraphs 2 to 5 otherwise determined.

(2) Until the end of the 31. More 2004 applications filed under Article 2 character of the Act shall continue to apply to them at this time provisions on the conditions of eligibility for protection application.

(3) Rights of designs may not be claimed in respect of acts, the front of the 1. June 2004 were begun and the owner of the typographic character after the then applicable regulations could not have ban.

(4) Pending registration in the paragraph 1 said characters addressed their protective effects on the character of the law until the end 31. More 2004 amended.

(5) For the maintenance of the term of protection for in paragraph 1 said characters are different from § 28 Abs. 1 Sentence 1 payable only from the eleventh year of the term of protection, maintenance fees.

Section 12
Community design

§ 62 Weiterleitung der Anmeldung

Are the German Patent- and Trademark Office for registration of Community designs pursuant to Article 35 Abs. 2 Regulation (EG) No.. 6/2002 Rates of vom 12. December 2001 about the Community Design (ABl. EG 2002 No.. The 3 S. 1) submitted, so indicated, the German Patent- and Trademark Office on the date of receipt of the application and forward the application without testing immediately to the Office for Harmonization in the Internal Market (Brands, Marks and Designs) more.

§ 63 Community design dispute

(1) For all actions, for the Community design courts pursuant to Article 80 Abs. 1 Regulation (EG) No.. 6/2002 are responsible (Community design dispute), are under the Community design courts of first instance, the district courts exclusively regardless of the amount in dispute in charge.

(2) The Land governments are authorized, by ordinance assign the Community design cases for the districts of several Community design courts one of these courts. The governments can delegate this authority by ordinance to the State Justice Administration.

(3) The Länder may agree to the Community design courts of a country's incumbent duties in whole or in part, the competent Community design court of another country.

(4) In proceedings before the Community design courts are § 52 Abs. 4 and § 53 shall apply mutatis mutandis.

§ 64 Erteilung der Vollstreckungsklausel

For an order for enforcement in accordance with Article 71 Abs. 2 Sentence 2 Regulation (EG) No.. 6/2002 The Federal Patent Court jurisdiction. Enforceable copy is issued by the clerk of the office of the Federal Patent Court.

§ 65 Strafbare Verletzung eines Gemeinschaftsgeschmacksmusters

(1) Anyone contrary to Article 19 Abs. 1 Regulation (EG) No.. 6/2002 a Community design used, although the owner has not consented, shall be punished with imprisonment up to three years or with fine.

(2) § 51 Abs. 2 to 6 shall apply mutatis mutandis.

Section 13
Protecting industrial designs under the Hague Agreement

§ 66 Anwendung dieses Gesetzes

This law is of registrations or registrations on industrial designs under the Hague Agreement 6. November 1925 Concerning the International Registration of Industrial Designs and Models (Hague Agreement) (RGBl. 1928 II S. 175, 203) and on its 2. June 1934 in London (RGBl. 1937 II S. 583, 617), at the 28. November 1960 The Hague (Gazette. 1962 II S. 774) and at 2. July 1999 in Geneva (Gazette. 2009 II S. 837) signed versions (International Registrations), their protection refers to the territory of the Federal Republic of Germany, shall apply mutatis mutandis, where in this section, The Hague Convention or its versions otherwise specified.

§ 67 Einreichung der internationalen Anmeldung

The international registration of industrial designs or models can option of the applicant, either directly with the International Bureau of the World Intellectual Property Organization (International Office) or the German Patent- and Trademark Office to be submitted.

§ 68 Weiterleitung der internationalen Anmeldung

Are the German Patent- and Trade Mark Office in international applications Industrial Designs, so indicated, the German Patent- and Trademark Office on the date of receipt of the application and forward the application without testing immediately to the International Bureau continues.

§ 69 Prüfung auf Eintragungshindernisse

(1) International registrations are the same as design, the entering into by the German Patent- and Trademark Office registers are logged, under § 18 tested for refusal. In place of the refusal of the application enters the refusal.

(2) Represents the German Patent- and Trademark Office in examining firm, that refusal under § 18 exist, it shall communicate to the International Bureau within a period of six months from the publication of the international registration of a notice of refusal. The Communication sets out all the reasons for the refusal led.

(3) After the International Bureau has posted to the holder of the international registration a copy of the notice of refusal, , the German Patent- and Trademark Office to the holder with an opportunity, within a period of four months to comment on the position and refusal to waive the. After expiration of that period, the German Patent- and Trademark Office on the continuing refusal by decision. As far as the German Patent- and Trademark Office maintains that the refusal, available to the owner against the decision to the same remedies as in the refusal of an application for registration of a design in which the German Patent- and Trademark Office registers. As far as the German Patent- and Trademark Office, the refusal will not maintain or where legally established, that the protection has been denied unfairly, takes the German Patent- and Trademark Office, the refusal shall be returned.

§ 70 Nachträgliche Schutzentziehung

(1) In place of the action for a declaration of invalidity under § 33 takes the action for a declaration of invalidity of the territory of the Federal Republic of Germany. In the place of action for consent to cancellation in accordance with § 9 Paragraph 1 and § 34 takes the action to consent to the removal of protection. The court sent the German Patent- and Trademark Office, a copy of the final judgment. § 35 shall apply mutatis mutandis.

(2) Is the German Patent- been notified and Trademark Office, that the ineffectiveness of an international registration in the territory of the Federal Republic of Germany have been found or their protection has been withdrawn, There, the International Bureau shall forthwith.

§ 71 Wirkung der internationalen Eintragung

(1) An international registration, their protection refers to the territory of the Federal Republic of Germany, has the same effect as from the date of their registration, as if on that day the German Patent- and Trademark Office have been notified, as designs and entered in the register.

(2) In paragraph 1 marked effect is considered not to have occurred, if the international registration of protection denied (§ 69 Paragraph 2), entered judgment of invalidity for the territory of the Federal Republic of Germany (§ 70 Paragraph 1 Sentence 1) or it pursuant to § 9 Paragraph 1 or § 34 Sentence 1 of protection has been withdrawn (§ 70 Paragraph 1 Sentence 2).

(3) Takes the German Patent- and Trademark Office back the notification of refusal, the international registration for the Federal Republic of Germany retrospectively from the date of its registration effective.

Section 14
Transitional provisions

§ 72 Anzuwendendes Recht

(1) On design, the front of the 1. July 1988 by the Design Law in the Federal Law Gazette, Part III, Classification number 442-1, revised version published, last amended by Article 8 of the Law of 23. July 2002 (Gazette. I S. 2850), including those which are, the provisions in force until that date rules continue to apply.

(2) On design, the front of the 28. October 2001 been applied for or registered are, continue to find it for the then applicable provisions on the conditions of eligibility for protection application. Rights from these designs can not be claimed, insofar as they act within the meaning of § 38 Abs. 1 concern, the front of the 28. October 2001 were begun and III of the injured prior to that date under the provisions of the Design Act in the Federal Law Gazette, Classification number 442-1, revised version published in the then current version could not prohibit.

(3) For designs, the front of the 1. June 2004 account, been registered but not yet, The protective effects are determined to registration under the provisions of the Design Act in the Federal Law Gazette, Part III, Classification number 442-1, revised version published in the by the end 31. More 2004 amended.

(4) Article 229 § 6 of the Introductory Act to the Civil Code shall apply mutatis mutandis with the proviso, that to § 14a. 3 the Design Act in the Federal Law Gazette, Part III, Classification number 442-1, revised version published in the to 1. January 2002 amended to the provisions of the Civil Code relating to the limitation in the 1. January 2002 assimilated as amended is.