Industrial Designs Law in Germany
Industrial Designs Law in Germany
1. Legal Framework
Industrial design protection in Germany is primarily governed by the Design Act (Gesetz über den Schutz von Designs – Designgesetz, DesignG).
The Act implements the European Community Design Regulation as well as provisions under the Hague Agreement Concerning the International Registration of Industrial Designs.
The German Patent and Trademark Office (Deutsches Patent- und Markenamt, DPMA) administers industrial design registrations in Germany.
2. What Can Be Protected?
A design refers to the appearance of a product or part of it resulting from the features such as lines, contours, colors, shape, texture, or materials.
Protection covers two types of designs:
Registered Design (eingetragenes Design) – requires formal registration.
Unregistered Community Design – automatically protected in the EU for 3 years from first disclosure without registration.
To be protected, a design must be:
Novel: No identical design has been made available to the public before.
Individual Character: The overall impression on an informed user differs from prior designs.
3. Registration Process
Filing Authority: German Patent and Trademark Office (DPMA)
Key Steps:
Application Submission: Includes representations of the design (photos, drawings) and the application form.
Formal Examination: DPMA checks formal requirements; no substantive examination of novelty.
Publication: Registered designs are published, but this is not mandatory before protection starts.
Registration Certificate: Issued upon successful filing.
4. Duration and Renewal
Registered designs are protected for 5 years from the filing date.
Protection can be renewed in 5-year increments, up to a maximum of 25 years.
Renewals must be requested and fees paid before the expiry of the current term.
5. Rights Conferred
Exclusive rights to use the design.
Right to prevent unauthorized use, manufacture, sale, or import of products embodying the design.
Right to license or transfer the design rights.
6. Infringement and Enforcement
Design owners can bring infringement actions in German civil courts.
Remedies include injunctions, damages, and destruction or recall of infringing products.
Customs enforcement measures are also available to prevent import of infringing goods.
7. International Protection
Germany is a member of:
The Hague Agreement – allows international registration designating Germany.
European Union Intellectual Property Office (EUIPO) – for Community Design protection covering all EU states.
Paris Convention and TRIPS Agreement.
Summary Table
| Feature | Details |
|---|---|
| Governing Law | Design Act (DesignG), EU Community Design Regulation |
| Registration Authority | German Patent and Trademark Office (DPMA) |
| Protection Duration | 5 years, renewable up to 25 years |
| Unregistered Design | Protected 3 years in the EU (no registration needed) |
| International Treaties | Hague Agreement, Paris Convention, TRIPS, EUIPO |
| Enforcement Jurisdiction | German civil courts |
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