The requirements for design protection resulting from § 2,3 GDA and growing the definitions from the Design Act
§ 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.
§ 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.