WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/IIDEU/P/3 
15 November 1996 
(95-4850) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Germany 
The present document reproduces the Utility Model Law 1 , as notified by Germany under 
Article 63.2 of the Agreement (see document IP/N/lIDEU/lIRev.l). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFIEES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
Allemagne 
Le present document contient le texte1 de la Loi sur les modeles d 'utilite notifiee par I' Allemagne 
au titre de l'article 63:2 de I'Accord (voir le document IP/N/lIDEU/lIRev.1). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTiCULO 63 DEL ACUERDO 
Alemania 
En el presente documento se reproduce la Ley sobre Modelos de Utilidad1, notificada por 
Alemania en virtud de 10 dispuesto en el parrafo 2 del articulo 63 del Acuerdo (vease el documento 
IP/N/lIDEU/lIRev.1). 
lEnglish only/anglais seulement/ingles solamente. IP/N/I/DEU/P/3 
Page 2 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -FEBRUARY 1996 INDUSTRIAL PROPERTY 
LA \VS AND TREATIES 
(This text replaces the olle ,,,,c\'iollsly ,)lIhlishcd III/der th£' sall/e ('ode 1l1t!11ha.) 
GERMANY 
Utility Model Law*. 
(of August 28. 1986, 
as last amended by the Law on the Reform of the 
Professional Statute of Attorneys and Patent Attorneys 
of September 2, 1994) 
1.-( 1) Utility model protection shall be afforded to 
inventions that are new. involve an inventive step and are 
susceptible of industrial application. 
(2) The following. in particular. shall not be regarded 
as the subject matter of a utility model within the meaning 
of subsection ( I ): 
1. discoveries. scientific theories and mathematical 
methods: 
2. aesthetic creations: 
3. schemes, rules and methods for performing mental 
acts. playing games or doing business. and 
programs for computers: 
4. presentations_of information. 
(3) Subsection (2) shall oppose utility model protection 
only to the extent to which protection is sought for the 
above-mentioned subject matter or activities as such. 
2. Utility model protection shall not be granted in 
respect of: 
I. inventions the publication or exploitation of which 
would be contra!)' to public policy or morality. 
provided that the exploitation shall not be deemed 
to be so contrary merely because it is prohibited by 
law or regulation. The first sentence above shall not 
exclude protection of an invention falling under 
Section 9: 
2. plant or animal varieties; 
3. processes. 
3.-(1) The subject matter of a utility model shall be 
considered to be new if it does not form part of the state 
of the art. The state of the art comprises any knowledge 
made available to the public by means of a written 
description or by use within the territory to which this 
Law applies before the date relevant for the priority of the 
DE * German title: Gebrauchsmustergesetz. 
Emr,\' illto forcc lnf the late~t amendment): January 1. 
1995. with the exception of Section 27(3) (see footnote 2). 
Source: Communication from the Gennan authorities. 
Note: Translation b\' [he International Bureau of WIPO on 
the basis of an English translation supplied by the Gennan 
aUlhorities. application. Description or use within the six months 
preceding the date relevant for the priority of the applica­
tion shall not be taken into consideration if it is based on 
the conception of the applicant or his predecessor in title. 
(2) The subject matter of a utility model shall be 
considered susceptible of industrial application if it can be 
made or used in any kind of industry. including agricul­
ture. 
4.-( 1) Applications in respect of inventions for which 
utility model protection is sought shall be filed in writing 
with the Patent Office. A separate application shall be 
filed for each invention. 
(2) Applications shall contain: 
1. a request for registration of the utility model, which 
must designate clearly and concisely the subject 
matter of the utility model: 
2. one or more claims in whicli shall be specified what 
is to be protected by the utility model: 
3. a description of the subject matter of the utility 
model: 
4. the drawings to \vhich the claims or the description 
refer. 
(3) The Federal Minister for Justice shall have power 
to issue by statutory order regulations concerning other 
requirements for the application. He may delegate slIch 
power by statutory order to the President of the Patent 
Office. 
(4) A fee as prescribed by the schedule of fees shall 
be paid with each application for registration of a utility 
model. If the fee is not paid. the Patent Office shall notify 
the applicant that the application will be deemed to ha\'e 
been withdrawn unless payment is made within one month 
of service of the notification. 
(S) Up to the time of the decision to register the utility 
model. alterations in the contents of the application shall 
be permissible insofar as they do not broaden the scope of 
the subject maller of the application. No rights may be 
derived from alterations which broaden the scope of the 
subject matter of the application. 
(6) An applicant may at any time divide his applica­
tion. The division shall be made by a statement in writing. 
GERMANY -Text 2-003, INDUSTRIAL PROPERTY 
AND COPYRIGHT -FEBRUARY 1996 
The date of the original application and any priority that 
has been claimed shall continue to apply to each part of a 
divided application. For the period up to division the same 
fees which were payable for the original application shall 
be paid for the separated application. 
5.-( I) Where an applicant has already sought. at an 
earlier date. a patent with effect in the Federal Republic of 
G~nnany for the same invention. he may tile together with 
the utility model application a declaration claiming the 
date of tiling relevant for the patent application. Any 
priority right claimed in respect of the patent application 
shall also apply to the utility model application. The 
priority right under the first sentence may be exercised up 
to the expiration of two months from the end of the month 
in which processing of the patent application or any oppo­
sition procedure is tenninated. at the latest. however, by 
the end of the tenth year from the date of filing of the 
patent application. 
(2) Where an applicant has filed a declaration under 
the first senrence of subsection (I). the Patent Office shall 
request him to communicate the serial number and the 
date of filing and to file a copy of the patent application, 
within two months of service of the request. Where the 
particulars are not provided in due time. the priority right 
under the first sentence of subsection (1) shall be forfeited. 
6.-( I) Within a period of 12 months from the date of 
application for an earlier patent or utility model applica­
tion filed with the Patent Office. the applicant shall enjoy 
a right of priority for the application for a utility model 
for the same invention. unless a domestic or foreign 
priority has already been claimed for the earlier applica­
tion. Section 40(2) to (4) and (5), tirst sentence, of the 
Patent Lawl shall apply /llutatis I1II11Glldis. with the proviso 
in the case of Section 40(5). first sentence. that the earlier 
patent application shall not be deemed to have been with­
urawn. 
{2) The provisions of the Patent Law on foreign 
priority (Section 41) shall be applicable fIllITaris mlltalldis. 
7.-( I) The Patent Office shall upon request search for 
the publications which arc to be considered in assessing 
the registrability of the subject matter of the utility model 
application or the utility model. 
(2) A request may be filed by the applicant or the 
registered proprietor or by any other party. Requests shall 
bt! filed in writing. Section 18 shall be applicable mltlatis 
IIII1fGlldis. A fee as prescribed by the schedule of fees shall 
be paid with the request: if the fee is not paid, the request 
shall be deemed not to have been filed. Section 43(3). (5), 
{6) and the first semence of (7) of the Patent Law shall 
apply IIlIlfGtis fIll/lalldis. 
I See Illdustrial Property Laws al/d Trc{l{ies. GERMANY -
Text 2-002 (Editor's lIote). 
GERMANY -Text 2-003. IPINI l/DEU /P/3 
Page 3 
rNDUSTRIAL PROPERTY 
LA WS AND TREATIES 
8.-( I) Where an application complies with the require­
ments of Section 4. the Patent Office shall order registra­
tion in the Utility Model Register. No examination of the 
subject matter of the application as to novelty, inventive 
step or industrial applicability shall be carried out. Sec­
tion 49(2) of the Patent Law shall apply I1Il1fatis mlltandis. 
(2) The registration shall contain the name and address 
of the applicant and of any duly appointed representative 
(Section 28). together with the date of filing of the appli­
cation. 
(3) Summary lists of registrations shall be published in 
the Patent Gazette at regular intervals. 
(4) The Patent Office shall record in the Register any 
change in the identity of the proprietor of the utility model 
or of his representative if proof thereof is furnished to it. 
A fee as prescribed in the schedule of fees shall be paid 
with the request to record the change in the identity of the 
proprietor: if the fee is not paid. the request shall be 
deemed not to have been filed. Until such time as the 
change has been recorded. the former proprietor and his 
fonner representative shall continue to have the rights and 
obligations as provided under this Law. 
(5) Anyone may inspect the Register and the files of 
registered utility models, including the tiles of cancellation 
proceedings. In addition. the Patent Office shall pennit 
any person so requesting to inspect the files if and to the 
extent that a legitimate interest has been satisfactorily 
proved. 
9.-( 1) If an application is filed for a utility model. the 
subject matter of which is a State secret (Section 93 of the 
Penal Code). the Examining Section competent to issue an 
order under Section 50 of the Patent Law shall order ex 
officio that there shall be no laying open for inspection 
(Section 8(5» and no publication in the Patent Gazette 
(Section 8(3 ». TIle competent supreme federal authority 
shall be heard before the order is issued. That authority 
may request that an order be issued. The utility model 
shall be entered in a Special Register. 
(2) In other respects. the provisions of Sections 31 (5), 
50(2) to (4), and 51 to 56 of the Patent Law shall apply 
mlltGris nllltGlldis. The Examining Section competent under 
subsection (1) shall also be competent for the decisions to 
be taken in applying Section 50(2) of the Patent Law 
/11l1tatis IlIl1tQlldis and for the acts to be perfonned in 
applying Sections 50(3) and 53(2) of the Patent Law 
mlllQris mwalldis. 
10.-(\) For requests relating to utility models, with the 
exception of cancellation requests (Sections 15 to 17), a 
Utility t>.lodel Section shall be established within the 
Patent Office, under the direction of a legal member 
appointed by the President of the Patent Office. 
DE IP/N/lIDEU/P/3 
Page 4 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -FEBRUARY 1996 
(2) The Federal Minister for Justice shall have power 
to establish by statutory order that officials of the higher 
and intennediate grades of the civil service. as well as 
comparable employees. may be entrusted with the 
handling of cenain matters within the competence of the 
Utility Model Section or the Utility r.'lode! Divisions. with 
the exception. however. of the rejection of applications on 
grounds which the applicant has contested. The Federal 
Minister for Justice may delegate such power by statutory 
order to the President of the Patent Office. 
(3) Decisions on cancellation requests (Sections 15 
to 17) shall be taken by one of the Utility Model Divi­
sions to be set up within the Patent Office. v·:hich shall be 
composed of two technical members and one legal 
member. The provisions of Section 27(7) of the Patent 
Law shall apply muratis 17//Ilalldis. The Utility Model Divi­
sions shall also be required to give ex.pen opinions within 
their areas of competence. 
(4) For the exclusion and challenge of members of the 
Utility Model Section and the Utility Model Divisions. 
Sections 41 to 44. 45(2). second sentence. and Sections 47 
to 49 of the Code of Civil Procedure relating to exclusion 
and challenge of members of a coun shall apply nluratis 
mllfalldis. The same shall apply to officials of the higher 
and intennediate grades of the civil service and to 
employees, insofar. as they have been entrusted under 
subsection (2) with the handling of cenain matters within 
the competence of the Utility Model Section or the Utility 
Model Divisions. Section 27(6), third sentence. of the 
Patent Law shall apply mlltatis mlllalldis. 
11.-(1) Registration of a utlity model shall have the 
effect that the proprietor alone is authorized to use the 
subject matter of the utility model. Any person not having 
his consent shall be prohibited from making. offering. 
putting on the market or using a product which is the 
subject matter of the utility model. or imponing or 
stocking the product for these purposes. 
(2) Registration shall have the further effect that any 
person not having the consent of the proprietor shall be 
prohibited from supplying or offering to supply within the 
territory to which this Law applies persons. other than 
those entitled to exploit the subject matter of the utility 
model. with means. relating to an essential element of the 
subject matter of the utility model. for using it within the 
territory to which this Law applies. when such person 
knows. or it is obvious in the circumstances. that the 
means are suitable and intended for using the subject 
matter of the utility model. TIle first sentence shall not 
apply when the means are staple commercial products. 
except \','hen sllch person induces those supplied to 
commit acts prohibited by the second sentence of subsec­
tion (I). Persons perfomling the acts referred to in items I 
and 2 of Section 12 shall not be considered to be persons 
entitled to exploit the subject matler of the utility model 
within the meaning of the first sentence. 
DE INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
12. The effects of the utility model shall not extend to 
1. acts done privately for non-commercial purposes: 
2. acts done for experimental purposes relating to the 
'\ubj(:ct matter of the utility model: 
3. acts of the kind specified in :)ection 11(4) to (6) of 
the Patent Law. 
12a. The scope of protection of the subject matter of 
the utility model shall be determined by the tenns of the 
claims. When interpreting the claims. reference shall be 
made. however. to the description and the drawings. 
l3.-( I) Registration shall not afford utility model 
protection where a claim for c:mcellation of the utility 
model (Sections 15(1) and (3)), assenable by any person. 
exists against the person registered as the proprietor. 
(2) If the essential elements of the registration have 
been taken from the description. drawings, models, appli­
ances or equipment of another person without that 
person's consent. protection under this Law may not be 
invoked against the injured pany. 
(3) The provisions of the PJtent Law concerning the 
right to protection (Section 6). the right to the grant of 
protection (Section 7( 1)), the right to assignment (Sec­
tion 8). the right deriving from prior use (Section 12) and 
the official order of exploitation (Section 13) shall be 
applicable mutatis mlltandis. 
14. If a subsequently filed patent infringes a right 
under Section 11, the right deriving from such patent may 
not be exercised without the consent of the proprietor of 
the utility model. 
15.-( 1) Any person may assen a claim against the 
person registered as proprietor for cancellation of the 
utility model 
l. if the subject matter of the utility model is not 
registrable within the terms of Sections I to 3; 
2. if the subject matter of the utility model is already 
protected on the basis of an earlier patent or utility 
model application: or 
3. if the subject matter of the utility model extends 
beyond the content of the application as filed. 
(2) In the case of Section 13(2), only the injured pany 
may assen a claim for cancellation. 
(3) Where the grounds for cancellation relate to a part 
only of the utility model. only that part shall be cancelled. 
The limitation may be effected in the fonn of an amend­
ment to the claims. 
16. A request for cancellation of a utility model under 
Section 15 shall be filed with the PJtent Office in writing. 
The request shall state the grounds on which it is based. A 
fee as prescribed by the schedule of fees shall be paid 
GERl\lA~Y -Text 2-003, INDUSTRIAL PROPERTY 
AND COPYRIGHT -FEBRUARY 1990 
with the request: if (he fee is not paid. the request shall 
be deemed not (0 have bcen filed. The provisions of Sec­
tions 81 (7) and 125 of the Patent Law shall apply l1lutatis 
II/(({cllldis. 
17.-( I) The Patent Office shall notify the proprietor of 
the utility model of the request and shall invite him to 
rcply thereto within onc month. If he fails to tile a 
contesting reply in due time. cancellation shall be effected. 
(2) In the contrary case. the Patent Office shall notify 
the person making the request of such reply and shall take 
all measures necessary for the investigation of the matter. 
It may order the examination of witnesses and expens. 
The provisions of the Code of Civil Procedure shall apply 
m({{(ltis IIlIllQlldis to any such examination. A sworn 
minute-writer shall be called in for the proceedings 
rdating to the taking of evidence. 
(3) The decision on a request shall be tak.en on the 
basis of a hearing. The decision shall be pronounced at the 
session at which the hearing is closed or at a session to be 
fixed forthwith. The decision shall contain the grounds 
there for. shall be in writing and shall be communicated ex 
(!tficio to the panies. Section 47(2) of the Patent Law shall 
apply mutatis n/Illandis. Service of the decision is admis­
sible instead of pronouncement. 
(4) The Patent Offict:e shall detennine in what propor­
tion the costs of the proceedings shall be borne by the 
panies. Section 62(2) and the second and third sentences 
of Section 84(2) of the Patent Law shall apply I1lllfatis 
1111/ ((Ill dis. 
18.-( I) Appeals from decisions of the Utility Model 
Section and the Utility Model Divisions shall lie to the 
Patent Court. 
(2) If an appeal lies from a decision of the Utility 
~todel Section to reject the application for registration of a 
ulility model or from a decision of the Utility Model Divi­
sion regarding the request for cancellation. a fee as 
prescribed by the schedule of fees shall be paid within the 
period allowed for tiling the appeal: if the fee is not paid. 
the appeal shall be deemed not to have been filed. 
(3) In other respects, the provisions of the Patent Law 
governing proceedings on appeal shall be applicable 
l1l{((alis mutandis. If an appeal lies from a decision given 
in cancellation proceedings. Section 84(2) of the Patent 
Lw: shall apply 11l1llQtis 11I11lQndis in respect of the deci­
sion on the costs of the proceedings. 
(4) Appeals from decisions of the Utility Model 
Section and from decisions of the Utility Model Divisions 
!'hall be heard by a Chamber of Appeal of the Patent 
COUI1. Appeals against rejection of an application for 
registration of a utility model shall be heard by a Chamber 
of Appeal composed of two legal members and one tech­
nical member. and appeals from decisions of the Utility 
~lodel Divisions regarding cancellation requests by a 
GERMANY -Text 2-003. IP/N/lIDEUIP13 
Page 5 
INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
Chamber of Appeal composed of one legal member and 
two technical members. The presiding judge must be a 
legal member. Section 21 g( I) and (2) of the Judiciary Law 
shall apply with regard to the allocation of business within 
the Chamber of Appeal. In the case of vrO':eedings 
relating to appeals from decisions of the Utility Model 
Section. Section 69( I) of the Patent Law shall apply and. 
in the case of proceedings relating to appeals from deci­
sions of the Utility Model Divisions. Section 69(2) of the 
Patent Law shall apply. mutatis I1/IIfQndis. 
(5) An appeal on a point of law from a decision of the 
Chamber of Appeal of the Patent COuI1 in respect of an 
appeal under subsection (I) shall lie to the Federal Court 
of Justice if the Chamber of Appeal. in its decision, has 
given leave to appeal on that point of law. Sections 100(2) 
and (3) and 101 to 109 of the Patent Law shall apply. 
19. If litigation is pending during cancellation proceed­
ings and the decision on that litigation depends on the 
existence of utility model protection. the coun may order 
that the hearing be postponed until the cancellation 
proceedings have been settled. It shall order such post­
ponement if it considers the utility model registration to be 
invalid. If the cancellation request is refused, the court 
shall be bound by that decision only if it was taken in 
respect of the same parties. 
20. The provisions of the Patent Law concerning the 
grant of compulsory licenses (Section 24(1» and the 
procedure for the grant of compulsory licenses (Sections 81 
to 99 and 110 to 122) shall apply mlllaris mutQlldis in the 
case of registered utility models. 
21.-( I) The provisions of the Patent Law concerning 
[he giving of opinions (Section 29( I) and (2», reinstate­
ment (Section 123), obl igation to observe the truth in 
proceedings (Section 124). official language (Section 126), 
service of documents (Section 127) and legal assistance 
from the couns (Section 128) shall also apply to utility 
model proceedings. 
(2) The provisions of the Patent Law granting legal aid 
(Sections 129 to 138) shall apply IIIl1talis mlllQndis in 
utility model proceedings and Section 135(3) shall apply 
with the proviso that the representative assigned under 
Section 133 shall have the right to appeal. 
22.-( I) The right to a utility model. the right to regis­
tration of a utility model and the right derived from such 
registration shall pass 10 the heirs. Such rights may be 
assigned to other p:mies, with or without restriction. 
(2) The rights under subsection ( I) may be licensed in 
whole or in pan. exclusively or non-exclusively, for the 
whole or pan of the territory (0 which this Law applies. 
Where a licensee contravenes a restriction of his license 
under [he first sentence. the right afforded by the registra­
tion may he invoked against him. 
DE IP/N/lIDEU/P/3 
Page 6 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -FEBRUARY 1996 
(3) The transfer of rights or the grant of a license shall 
not affect licenses previously granted to third parties. 
23.-( 1) Utility model protection shall be for a term of 
thr~e years. as from the day following the filing of the 
application. 
(2) The term of protection may be initially renewed 
for a further three years on payment of a fee as prescribed 
by the schedule of fees, and then for a further two years 
each time to ten years at the most. Such renewal shall be 
recorded in the RegisteLThe renewal fee shall be due on 
the last day of the month in which the preceding term of 
protection ends. If the renewal fee is not paid by the end 
of the last day of the second month after the due date, the 
surcharge prescribed by the schedule of fees shall be 
payable. On expiry of that time limit, the Patent Office 
shall notify the registered proprietor that the tenn of 
protection may not be renewed unless the fee and the 
surcharge are paid within four months from the end of the 
month of service of the notification. Where a utility model 
is registered only after the end of the first or a following 
term of protection. the surcharge prescribed by the 
schedule of fees shall be paid if the renewal fee has not 
been paid within four months from the month of service 
of the notification of registration; the fifth sentence shall 
apply. 
(3) The Patent Office may postpone dispatch of the 
notification of the request of the registered proprietor on 
proof being furnished by the latter that lack of resources 
prevents him from paying at that time. Postponement may 
be made conditional upon payment of installments within 
specified periods. If an installment is not paid in due time, 
the Patent Office shall advise the registered proprietor that 
the period of protection cannot be renewed unless the 
balance is paid within one month of service of the notifi­
cation. 
(4) If no request has been made to postpone dispatch 
of the notification, the due date of the fee· and the 
surcharge may be deferred. on proof being furnished that 
payment cannot reasonably be demanded because of lack 
of resources, even after service of the notification. 
provided that a request is made within 14 days of service 
and the previous delay is satisfactorily explained. Defer­
ment may also be authorized subject to the payment of 
installments. If a deferred sum is not paid in due time, the 
Patent Office shall repeat the notification, demanding the 
whole of the balance outstanding. After service of the 
second notification, further deferment shall not be 
permitted. 
(5) A notification which has been postponed on 
request (subsection (3» or which must be repeated after 
deferment has been granted (subsection (4» shall be 
dispatched not later than one year after the renewal fee 
falls due. Installments paid shall not be refunded if, owing 
to non-payment of the balance outstanding, the term of 
protection is not renewed. 
DE INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
(6) A utility model shall lapse if the registered propri­
etor abandons it by a written declaration made to the 
Patent Office. 
(7) Summary lists of cancellations on grounc:s other 
than expiration of the term of protection shall be published 
in the Patent Gazette at regular intervals. 
24.-( I) Any person who uses a utility model contrary 
to the provisions of Sections II to 14 may be sued by the 
injured party to enjoin such use. 
(2) Any person who undertakes such action intention­
ally or negligently shall be liable for compensation to the 
injured party for the damage suffered therefrom. If the 
infringer is charged with only slight negligence. the court 
may fix. in lieu of compensation. an indemnity within the 
limits of the damage to the injured party and the profit 
which has accrued to the infringer. 
24a.-( I) In cases under Section 24, the injured party 
may require destruction of the product that is the subject 
matter of the utility model and that is in the possession of 
the infringer or is his propeny unless the infringing nature 
of the product can be removed in some other way and its 
destruction would be disproportionate in the individual 
case for the infringer or the owner. 
(2) The provisions of subsection (1) shall apply 
mutatis mutandis to devices that are the property of the 
infringer and that are used or intended exclusively or 
almost exclusively for the unlawful manufacture of a 
product. 
24b.-( 1) Any person \vho uses a utility. model contrary 
to the provisions of Sections I1 to 14 may be required by 
the injured party to give information as to the origin and 
distribution channels of the product used, without delay, 
except where disproportionate in the individual case. 
(2) The person required to give information under 
subsection (I) shall give particulars of the name and 
address of the manufacturer. the supplier and other prior 
owners of the product, of the trade customer or of the 
principal, as also in respect of the quantity of products that 
have been manufactured, dispatched, received or ordered. 
(3) In those cases where infringement is obvious, the 
obligation to provide information may be imposed by an 
injunction in compliance with the Code of Civil Proce­
dure. 
(4) Such infonnation may only be used in criminal 
proceedings or in proceedings under the Law on Minor 
Offenses against the person required to give information, 
or against a dependent person under Section 52( 1) of the 
Code of Criminal Procedure. in respect of an act 
committed before the information was given. with the 
consent of the person required to give the information. 
(5) Further claims to information shall remain unaf­
fected. 
GERMANY -Text 2-003, INDUSTRIAL PROPERTY 
AND COPYRIGHT -FEBRUARY 1996 
24c. Actions for infringement of the rights in a utility 
model shall be statute-barred after three years from the 
time when the claimant obtains knowledge of the infringe­
ment and of the identity of the infringer and, irrespective 
of such knowledge, after 30 years from the infringement. 
Section 852(2) of the Civil Code shall apply mutatis 
/IIU/ondis. 'If the infringer has obtained anything through 
the infringement at the expense of the claimant, the 
infringer shall be liable, even after expiration of the term 
of limitation. for restitution in accordance with the provi­
sions on the surrender of unjust enrichment. 
25.-( I) Any person who. without the necessary 
consent of the proprietor of the utility model 
I. makes, offers, puts on the market, uses or imports 
or stocks for these purposes a product which is the 
subject matter of a utility model (Section 11 (I), 
second sentence) or 
2. exercises the right deriving from a patent contrary 
to Section 14 
shall be liable to imprisonment of up to three years or a 
fine. 
(2) Where the offender acts by way of trade, he shaH 
be liable to imprisonment of up to five years or a fine. 
(3) The attempt to commit such an offense shall be 
punishable. 
(4) Offenses under subsection (1) shaH only be prose­
cuted on complaint, unless the prosecuting authorities 
deem that ex officio prosecution is justified in view of the 
pal1icular public interest. 
(5) Objects implicated in an offense may be confis­
cated. Article 74a of the Penal Code shall apply. Where 
the claims referred to in Section 24a are upheld in 
proceedings under the provisions of the Code of Criminal 
Procedure with regard to compensation of the injured 
party (Sections 403 to 406c), the provisions on confisca­
tion shall not be of application. 
(6) If a penalty is pronounced. the Court shall, at the 
request of the injured party and if the latter can show a 
justified interest, order publication of the judgment. The 
nature of the publication shaH be laid down in the judg­
ment. 
253.-( I) A product that infringes a utility model 
protected under this Law shall be subject, at the request of 
the holder of the rights and against his security, to seizure 
by the customs authorities, on import or export, in those 
cases where the infringement is obvious. This provision 
sh:lll apply in trade with other Member Stares of the Euro­
pean Economic Community only insofar as controls are 
carried out by the customs authorities. 
(2) Where the customs authorities order a seizure, they 
shall advise the person entitled to dispose and also the 
GERMANY -Text 2-003, IPINI lIDEU IP/3 
Page 7 
INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
petitioner thereof without delay. The origin, quantity and 
place of storage of the product. together with the name 
and address of the person entitled to dispose, shall be 
communicated to the petitioner; the secrecy of correspon­
dence and of mail (Section 10 of the Basic Law) shall be 
restricted to that extent. The petitioner shall be given the 
opportunity to inspect the product where such inspection 
does not constitute a breach of commercial or trade 
secrecy. 
(3) Where no opposition to the seizure is made, at the 
latest within two weeks of service of the notification under 
the first sentence of subsection (2), first sentence, the 
customs authorities shall order confiscation of the seized 
product. 
(4) If the person entitled to dispose opposes seizure, 
the customs authorities shall inform the petitioner thereof 
without delay. The petitioner shall be required to declare 
to the customs authorities, without delay, whether he 
maintains the request under subsection (I) in respect of 
the seized copies. 
I. If the petitioner withdraws his request, the customs 
authorities shall lift the seizure without delay. 
2. If the petitioner maintains his request and submits 
an executable court decision ordering the 
impounding of the seized copies or the limitation of 
the right to dispose, the customs authorities shall 
take the necessary measures. 
Where neither of the cases referred to in items I and 2 is 
applicable, the customs authorities shall lift the seizure on 
the expiry of two weeks after service of the notification to 
the petitioner under the first sentence; \vhere the petitioner 
can show that a court decision according to item 2 has 
been requested, but has not yet been received, the seizure 
shall be maintained for a further two weeks at most. 
(5) Where seizure proves to have been unjustified 
from the beginning and if the petitioner has maintained the 
request under subsection (I) in respect of the seized 
product or has not made a declaration without delay 
(second sentence of subsection (4)), he shall be required to 
compensate the damages that seizure has occasioned to the 
person entitled to dispose. 
(6) A petition under subsection (1) is to be submitted 
to the Regional Finance Office and shall be effective for 
two years unless a shorter period of validity has been 
requested; the request may be repeated. The cost of offi­
cial acts related to the request shall be charged to the peti­
tioner in accordance with Section 178 of the Fiscal Code. 
(7) Seizure and confiscation ffi:1y be opposed by the 
legal remedies allowed by the fixed penalty procedure 
under the Law on Minor Offenses in respect of seizure 
and confiscation. The petitioner shall be heard in the 
review proceedings. An immediate appeal shall lie from 
the decision of the Local' Court; it shall be heard by the 
Provincial High Court. 
DE IP/N/1/DEU/P/3 
Page 8 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -FEBRUARY 1996 
26.-( I) If a party to civil litigation in which an action 
is brought to assert a claim arising from one of the legal 
relationships regulated under this Law satisfies the court 
that the awarding of the costs of the case against him 
according to the full value in dispute would considerably 
endanger his tinancial position, the court may, at his 
requesr, order that party's liability to pay court costs to be 
adjusted in accordance with a portion of the value in 
dispute that shall be appropriate to his financial position. 
As a result of the order, the favored party shall likewise 
be required to pay the fees of his attomey-at-Iaw only in 
accordance with that portion of the value in dispute. To 
the extent that the costs of the case are awarded against 
him or to the extent to which he assumes such costs, he 
shall be required to refund the court fees paid by the 
opposing party and the fees of the latter's attomey-at-Iaw 
only in accordance with that portion of the value in 
dispute. To the extent that the extrajudicial costs are 
ordered to be paid by the opposing party or are assumed 
by that party, the attomey-at-Iaw of the favored party may 
recover his fees from the opposing party in accordance 
with the value in dispute applying to the 13tter. 
(2) A request under subsection (I) may be declared 
before and recorded at the registr:l['s office of the court. It 
shall be presented before the substance of the case is 
heard. Thereafter, it shall be admissible only if the 
presumed or fixed~ value in dispute is subsequently 
increased by the court. Before the decision is given on the 
request, the opposing party shall be heard. 
27.-( I) For all actions whereby a claim arising out of 
one of the legal relationships regulated in this Law is 
asserted (utility model litigation). the civil chambers of the 
regional coul1S shall have exclusive jurisdiction without 
regard to the value in dispute. 
(2) The Govemments of the Uinder shall have power 
to allot by statutory order utility model litigation for the 
areas of several regional courts to one such court insofar 
as this is procedurally expedient. The Govemments of the 
Uinder may transfer those powers to the provincial admin­
istrations of justice. 
(3) Where an appeal is lodged against a decision of 
the court in utility model litigation. the parties may also be 
represented before the Court of Appeal by attorneys-at-law 
admitted to pru\:tice before the Provincial High Court that 
would have heard the appeal in the absence of allocation 
under subsection (2).1 
1 Subsection (3) will enter into force on January I, 2000, 
for the following Uinder of Germany: Baden-WUrttemberg. 
Bavaria. Berlin, Bremen. Hamburg. Hessen. Lower Saxony. 
North-Rhine WestphaliJ. Rhineland Pabtinate. Saarland and 
Schleswig-Holstein; it will enter into force on January I. 2005. 
for the other Uinder (Editor's /IDle J. 
DE INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
(4) Any additional costs incurred by a party arranging 
to be represented. as provided in subsection (3), by an 
attorney-at-Iaw not admitted to practice in the court 
hearing the case shall not be refunded. 
(5) Of the costs arising from the collaboration of a 
patent attorney in the case, fees up to the amount of a full 
fee according to Section 11 of the Federal Regulations on 
Fees for Attorneys-at-Law shall be refunded, as shall the 
necessary expenses of the patent attomey. 
28. A person who has neither domicile nor establish­
ment in Germany may take part in proceedings before the 
Patent Office or the Patent Court regulated by this Law 
and assert rights deriving from a utility model only if he 
has appointed a patent attorney or an attomey-at-Iaw in 
Gennany as his representative. The latter shall be autho­
rized to represent him in litigation affecting the utility 
model; he may also file requests for the institution of 
criminal proceedings. The place where the representative 
has his business premises shall be deemed. within the 
meaning of Section 23 of the Code of Civil Procedure, to 
be the place where the assets are located: if there are no 
business premises, then the place where the representative 
has his domicile shall be relevant and, in the absence 
thereof, the place where the Patent Office has its seat. 
29.-(1) The Federal Minister for Justice shall regulate 
the establishment and the business procedure of the Patent 
Office and determine by statutory order the form of the 
procedure, insofar as provision therefor has not been made 
by law. 
(2) To the extent that provision therefor has not been 
made by law, the Federal Minister for Justice may. 
prescribe by statutory order the collection of administra­
tive fees in order to cover the expense of requests 
addressed to the Patent Office and may, in particular. 
1. order that fees be collected for certificates. authenti­
cations. inspection of files and furnishing of infor­
mation and to cover all costs incurred; 
2. establish rules concerning the persons liable to pay 
fees. the due date of payments. the obligation to 
pay in advance. exemption from fees. prescription 
and the procedures for determining fees. 
30. Any person who places on articles or their pack­
aging a marking of such a nature as to create-the impres­
sion that the articles are protected as utility models under 
this Law. or any person who uses a marking of such a 
nature in public notices, on signboards. on business cards 
or in similar announcements. shall be required to give on 
demand, to any person having a legitimate interest in 
knowing the legal position. information as to the utility 
model upon which the use of the marking is based. 
GER~\'lANY -Text 2-003, 