Stand: 2014. Design law has since been reformed again – at EU level 2025 and in Germany 2026. Den aktuellen Stand lesen Sie in unserem Beitrag zur Designreform und auf der Seite Designrecht.

The law on the modernization of the Design Act and amending the rules on the protection of notices at the exhibition 10. October 2013 (Gazette. I S. 3799, Journal of PMZ 2013, 382) is to a large extent on 1. January 2014 entered into force. It contains two major innovations in the design law and a change in calling attention to the exhibition protection.

Introduction of the concept “Design”
the “Designs” is now defined as “Registered Design” referred; the “Design Act” is now called “Design law”. Thus, the amended language should be taken into account and thus promoted the understanding of the content of the property right.

Official declaration of invalidity
In addition, a declaration of invalidity of registered designs for the German Patent- introduced and Trademark Office. So far, the invalidity of a design only in the way of an action before the competent district court could be established. Now is also the new Chamber “Design Department” In German Patent- decide and Trademark Office on requests for determination or declaration of invalidity of registered designs.

These applications can be based firstly on absolute grounds for refusal as grounds for refusal and other. As relative grounds for invalidity can on the other hand conflicts with earlier rights, from. B. Brands, Copyright and registered designs, which have been notified earlier, be asserted. In injury- or. Compensation cases before the District Courts is the plea of ​​invalidity of a registered design no longer allowed. Will the defendant in such a process claim nullity, he must bring a counterclaim for a declaration or a declaration of invalidity or a request to the German Patent- questions and Trademark Office.

Multiple applications are
For the grouping of several patterns in a multiple application, it was previously necessary, that the patterns of the same class of goods belonging. This requirement has now been eliminated, so that designs of various classes of goods may be part of a multiple application.

Notices at the exhibition protection
Furthermore, the rules were changed to show protection in the protection laws. Notices at the exhibition protection will no longer appear in the Federal Law Gazette, but in the Federal Gazette.

Those: DPMA