WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/l/AUT/D/l 
28 May 1996 
(96-1973) 
Original: English/ 
anglais/ 
Ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Austria 
The present document reproduces the text of the Design Protection Act 19901, as amended, 
as notified by Austria under Article 63.2 of the Agreement (see document IP/N/l/AUTIl). 
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 
Autriche 
Le present document contient Ie texte de la Loi de 1990 sur la protection des dessins et modeles 1, 
telle qu'elle a ete modifiee, notifiee par I' Autriche au titre de l'article 63:2 de l' Accord (voir Ie 
document IP/N/1/AUT/l). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PIUNCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTiCULO 63 DEL ACUERDO 
Austria 
En el presente documento se reproduce el texto de la Ley de Protecci6n de los Dibujos y Modelos 
de 19901, modificada, que Austria ha notificado en virtud del parrafo 2 del articulo 63 del Acuerdo 
(vease el documento IP/N/l/AUT/I). 
lEnglish only/anglais seulement/ingles solamente. IP/N/lIAUT/D/l 
Page 2 
DESIGN PROTECTION AC"r 1990 I. GENERAL PROVISIONS 
Subject of I)esign Protection IP IN 111 A UT IDI 1 
Page 3 
I. (I) III this /:l'lk'r;tI !\cl. dl'.",it!ll sl!~I" 111l'~11l rile-11HHk-1 for till' ~lppe-"r(lIlCL' 
PI' ~IJl illdustrial prddul'l. 
(2) linde-I" Ihi.'" /\Cl. design proteclion Ill~ly he-acquired 1'01' !lovel designs 
which arc neither liable to caUSe offense nor contrary to public policy or the 
prohibition of double protection. 
Novelty 
2. (I) A design shall not be deen1eu novel if it is identical with or confusingly 
silllilar Io the appearance or an article \vhich \vas accessihle to the public 
before the priority dale of the design and if it appears obvious to transfer this 
appearance to the products contained in the list of goods of the design. 
(2) Subsection ( I ) shall not apply to a disclosure that occurred no earlier 
than six 1l1onths hefore the priority date of the design and that is directly or 
indirectly due to: 
I. an evident ahuse to the detrin1ent of the applicant or his successor in 
title. or 
-, [0 the fact that the applicant or his predecessor in title displayed the 
design at official or officially recognized exhibitions as defined in the 
COllvention Oil International Exhihitions, Federal Law Gazette No. 
445/1980. 
(3) Subsection (2) para. 2 shall apply only if the applicant states, on filing 
the application, that the design was displayed at the exhibition and submits 
a certificate-to _.this effect from the organizers of the exhibition within four 
Inonths of filing. Such certificate shall indicate the date of the opening of the 
exhihitioll and. unless thc first disclosure occurrcd on the sanlC date, also the 
d~lll' or disclosure. The certificate shall he accolllpanied by a representation 
or {he design heari ng an alleslation clause or the organiZers of the exhibition. 
Prohibition of Double Protection 
3. A design shall be excluded frOITI design protection if it is identical with 
or confusingly sinliIar to a design that is published after its priority date IP/NI lIAUT/DI 1 
Page 4 
(S~ction 17). hut enjoys an earlier priority. anu if it appe~lrs olH'iotls to 
transfer the design \vith the earlier priority fro!l1 th~ prodlH:ts contained in its 
list of goods to the products contained in the list of goods or the design with 
the later priority. 
Effect of Design Protection 
4. Design protection shall entitle the owner or the design to exclude others 
rro(l1 COlll!l1Crcially Inanufacturing. putting on the 111arket. offering for sale or 
lIsing products that are identical \vith or confusingly silnilar to his d~sign and 
if it appears obvious in yie\v of the products contained in the list or goods 
to transfer the design to thcnl, 
Right of Prior User 
5. (I) Design protection shall not be effecti ve agai nst a person \vho had 
already used a design which is identical \vith or confusingly silllilar to the 
protected design in good faith in Austria or \vho had Illade the necessary 
arrangernents for doing so beforc the priority date (prior user). 
(2) The prior user tTIay continue to use the design for the products concerned 
by such use for the needs of his own business in his o\vn workshops or in 
those of others. 
(3) This right may be inherited or transferred only together \viti1 lhe 
business. 
(4) The prior user fllay request a dOClltnent froIll the oWI~cr or the design 
recognizing his right. Recognition of the right shall be entered in the Design 
Register at the requcst of the prior user. 
(5) If such recognition is refused. the Patent Office shalL upon request. 
decide that 1l1atter and nluy order that such right be entered in the Design 
Register. 
Period of Protection 
6. Design protection shall commence as froln the date of publication (Section 
17) of the design and shall end five years after the end or the l110nth in which 
the application for the design was filed. It 1l1ay be extended for t\VO five-year 
periods by paytnent of a renewal fee in good tinle (Section 4 I). The new 
period of protection shall be conlputed as frO!ll the end of the preceding 
period of protection. Right to Design Protection IP IN 111 A UT IDIl 
Page 5 
7. (I) In principle the creator or the design or his Sllccessor in title shall 
he entitled to design protection. 
(2) Ho\vcver, if the design of an elnployee falls within the sphere of activity 
of the ellterprise in \vhich he -is enlployed and if the activity \vhich has led 
to the design is part or the professional duties of the enlployee or if the design 
has !lot becn created undcr an elnploYlllent relationship. hut on a cornrnission, 
the elllployer or the person cOl1l1nissiooing the design or his successor in title 
sh~111 ha\"c thL' right to design protection. 
Nanling of the Creator of the l)esign 
x. \ I) The creator of a design shall be entitled to be nanled as the creator 
in the Design Register on publication pursuant to Section ] 7 and in the 
priurity dOClIll1Cnts to be issued by the Patent Office. 
L~) The clainl can neither be assigned nor inherited. Renunciation of the 
ri uht shall h~lvc no kual effect. 
~ ~ 
(3) The request to be n~lIned as creator Inay be tnade by the creator or the 
design, by the applicant or by the o\vner of the design. Where several persons 
arc entitled to lnake the request, the party 1l1aking the request shall produce 
proof that the other persons entitled agree. unless the request is Inade jointly 
hy all those entitlL'd. Where a person other than the one alrcady nalncd as 
creator is to be nanlco as sllch in addition to or in place of the person so 
nanled, proof of the consent of the person al ready nan1cd as creator shall be 
pn H.illced. 
(-+) Where the applicant, the owner or the design or the person already 
nall1ed as creator refuses his consent. the Patent Office shall decide, upon 
request. on the right to be nanlcd as creator. The creator shall be narlled 
pursuant to subsection (I) on the basis of a final decision granting such 
request. 
Relationship of Several Design O\vners 
9. The legal relationship of a plurality of design o\vners shall be governed 
by civil law. The right to pertnit thiru parties to lise a protected design shall 
in case of doubt be exerciseu only by all design owners jointly; each 
individual design owner may. however, take action against infringers of the 
dcsi~11 right. ... ..... IP/N/lIAUT/D/l 
Page 6 
Transfer 
10. (I) The right arising frol11 an application for ,I design ~lIH.I the design 
right Inay he transferred with respect to all or individual products or till' list 
of goods \\-'holly or ill illlaginary shares. 
(2) Such rights shan not pass to the State (Section 760 of the Austrian Civil 
Code). 
II. FILING PROCEI)URE ANf) Dl-::SIGN RECjlSTER 
Filing Offices 
II. (1) An application for protection of a design shall be filed with the 
Patent Office or with a Chmnber of Conllllcrce at \vhich a filing office h,lS 
heen established. 
(2) The riling offices or the Chalnbcrs of COlll111crce shan send the design 
applications tiled with them as well as the priority declaration and petitions 
for corrections of priority to the Patent Office on the I st and 16th day of each 
l11onth. 
(3) Where a Chanlher or COllllllcrcc is interested in setting lip its o\vn filing 
office, such filing office shall be established hy an ordinance. The procedure 
at the filing offices and the lists to be kept by theln shall also he laid down 
by ordinance, taking into consideration the public need for infornlatioll as 
well as the greatest possible sirnplicity and expediency. 
Formal Requircnlents of Filing 
12. (-I) The application shall be filed in writing. The date of an application's 
arrival at the filing office (Section I I (I )) shall be regarded as the filing date. 
(2) On filing, the design shall be disclosed by submitting a picture or a 
specirnen of the design. Where a specinlen of the design is filed. a picture 
of the design reproducing the specimen of the design as clearly as possible 
shall also be subnlitted for the publication (Section 17) and registration 
(Section 1 g (I) para. 4). hut shall not be taken into consideration for the 
disclosure, 
(3) A description nlay be filed to illustrate the design. 
(4) The products for which the design· is intended shall be jndicated 
according to the list of classes and subclasses of the Locarno Agreelnent IP/N/1/AUT/D/l 
Page 7 
E\tahl ishi ng an I ntcrnat ional Cbssi ficat ion for I ndustriaJ Designs. Federal 
1.~I\\" (,\tll'tlL' No. -l-l)()/ I t)l)O (list or goods). 
IJ.l)l'si~l1s helol1gill~ to the sall1C class 111~ly he cOlnhined ill a collective 
~Ipplil·:llioll. Till' collective application Inay nol cOlllprise l110re than 50 
elL-signs. The facility granted by Section 14. ho\vever, shall be available only 
jointly for all designs conlbined in one collective application. 
1.:1. 'rhl' Spl'Cill1el1 anu the picture of the design as well as the description 
In~ly he filed openly or in a scaled envelope (secrct design). The envelope 
sll~t11 lK' opel1ed: 
I. at till' request of the design oWl1er: 
) at till' reqlll'st uj" a third party if sllch third party proves that the design 
O\\"l1l'r has invoked the design against hinl: 
3. ex officio cightccn 1l10l1ths aftcr thc priority date of the design. 
15. rrhe detailed requirenlcnts ror the description anu the list of goods. the 
I1Ulllbl?r or the copi~s thereof to he filed as \vell as the number. nature and 
dill1el1sions of the pictures and specinlcns or the design to be filed shall be 
laid do\vn by order or the PresiJent of the Patent Orfice. taking into consideration 
the requirenlents of the filing procedure. printing and publication of the 
lk\igl1. 
EXHlllination for COlnpiiance \vith the Lel\\' 
16. ( I) The Patent Office shall cxanline each design application forcoillpliance 
\\"ith the law. in the case of openly filed designs after receipt thcreof, in the 
e\'Cllt or designs ri led in a scaled envelope. as far as this is not possible after 
their receipt. after opening of the envelope (Section 14). Hov,,'ever. the filing 
procedure shall not cOlnprise an exanlination ror novelty (Section 2), with 
rL'spect to double protection (Section 3) as \vell as to ascertain if the appl icant 
is entitled- to" ~!esigll protection (Section 7). 
(2) If the eXaIllination shows that there arc objections to the registration of 
the design. the appl icant shall be invited to COInlnent thereon within a reasonable 
period of tinle. If follo\ving COr111nents rllade in good tilne or after expiry of 
the tirne lirnit it is found that registration is inadnlissihlc, the design application 
shall he rejected. 
(3) I r then: arc 110 objections to the registration or the design. its publication 
(Section 17) and registration (Section 18) shall be ordered. IP/N/l/AUT/O/l 
Page 8 
Publication of the I)esign 
17. The design shall be puhlished in the A.lIstrian Design Gazclt~ (Section 
33). The con ten t s a it d s cop e 0 I' the P 1I b I il' ~ It ion l) I' I he des i g n s h ~ til b L' 
lklcnniI1t'd by on.kr orthc President Oflhe Patent ()ffice. taking into l'ol1siLieratil)11 
the publ ic need for in fOrIllation. 
Regist ra tion 
18. (I) The follo\\'ing shall be entered in the Design RegistL'r kept by thL' 
Patellt Office: 
I. the register nlllllber; 
2. the tiling date and any priority ciailned: 
3. the beginning of the period or protection (Section 6): 
4. the representation of the design: 
5. where appropriate. the notice that also a specin1en of the design or a 
description have been fikd: 
(). the products for \vhich tile design is intended (list or goods): 
7. the 11C1lne as well as the residence (registered office) of the design O\\'l1el" 
and of his representative. if any: 
X. the person n~lI11ed as creator, if any (Section ~). 
(2) The design owner shall receive an official certificate (desi~n certificate) . ~ ~ 
on the entries in the Register pursuant to subsection (I). 
(3) Any person olay inspect the Design Register. Upon request a certified 
extract fronl the Register sha] I be issued. 
Priority 
19. :The applicant shall have the priority right frol11 the date 011 \vhich his 
application for a design was duly filed. 
20. (I) The priority rights granted by Art. -t. or the Paris Convention for 
the Protection of Industrial Property. Federal La\v Gazette No. 3<)l)/I <)7~. 
shall be expressly clairned. The date and country or the application the 
priority of which is clainlcd shall be indicated (declaration or priority) as well 
as the serial number of that application. 
(2) The declaration of priority shall be sublnitted to the Patent Office or 
the receiving office at which the application \vas filed within t\\'o Inonths 
after receipt of the application by the Patent Office or receiving office. The 
priority clairned rnay be corrected within that period. A fee anlounting to hall' IP INI 1 I A UT ID/l 
Page 9 
the appl ication fee (Section 40 ( I) para. I.) shall he paid for such correction. 
(3) I r the Jllaintenance of a design right depends on the validity of the clai nl 
to priority. the priority right shal1 be proved. The evidence required for such 
proof (priority doclilnents) in the proceedings herorc.~ (he Patent Officc and 
before (he Supreillc Patent and 1~radel11ark Charllbcr and thc tirnc of SUhlllission 
shall be laid down by ordinance. 
(-t.) I r the declaration of priority is not rnade in good ti Ine. if the priori ty 
dOCUI11ents are not subrnitted in tinle. or if the serial nunlber of the application 
the priority or \vhich is clainlcd is not notified on official dCll1and \vithin the 
specified tilne linlit. the priority shall be detcnnined in accordance with the 
ri 1 i ng dale of the application in Austria. 
Entries in the Design H.egister 
21. In addition to the data 111entioned in Section I X ( I) the end of design 
protection. the declaration of nullity. the declaration of lack of title as well 
as the transfer of design rights. liens and other rights in reIn relating to design 
ri~ .. d1ts. licence ri~hts. rights or })rior L1ser. restoration of previous rights. '- '-- "-' "-
declaratory decisions and entries or disputes as \vell as references to rulings 
tri.lllsrnitted pursuant to Section 36 shall be registered in thc Design Register. 
22. ( I) Rights in rern relating lo design rights as well as the design right 
itself in the event or its transfer (Sectioll I 0) ~lIall he acquired lIpOIl regislral i()11 
in the Design Register. 
(2) The petition for registration shall be aCC0l11pan ied by the origi nal or a 
duly certified copy of the docun1ent on \vhich the entry is to he hased. Any 
dOCUI11ent other than a public docurnent shall bear the duly certified signature 
of the person al ienati ng his right. 
(3) Legal disputes relating to design rights shall he entered in the Design 
Register UpOIl requcst (entry relating to legal dispute). 
(4,) Focthe rest. Section 41 (2). (3). (4). (5). and (7 ) (entries in the Patent 
Register), S'cctioll 44 (charges) and Section 45 (2) (cntries relating to legal 
disputes) or the Patents Act I Y7(), Federal I.~IW (jal.elle No. 25Y, sl1(11I apply 
"Ili/ulis ""i/U//(tiS. 
()) Subscction (2) as well as Section 41 ()) and (7) 01" the Patents Act 1970 
shall apply IIIUIUlis Jll[{!(llIdis to the transfer of the right ~Irising fronl the 
appl icat ion for a design. IP/NIlIAUT/DIl 
Page 10 
III. DECLARATION OF NULLITY 
AND DECLARATION OF LACK Or-TITLE 
Ex ()fticio Nullity I)eclaration 
23. (I) l'he Patent Office shall institute proceedings for the ex officio 
declaration of nullity of a design right if it turns out that evidently the design 
is not novel (Section 2) or fal1s under the prohibition of double protection 
(Section 3). 
(2) The Patent Office shall declare the design right to be null and void i r 
after hearing the design owner it considers that the circu111stanccs on \vhich 
the institution or thc proceedings pursuant to subsection (I) \vas based arl' 
still applicable: otherwise the proceedings shall be discontinued. 
(3) If one of the grounds for nullity (subsection (I)) applies only to a part 
or the list of goods, such list of goods has to be restricted accordingly. 
(4) The final declaration of nullity shall have retroactive effect to the filing 
date of the design. If the design right is declared to he null and void because 
it falls under the prohibition or double protection (Section 3). the second 
sentence of Section 48 (3) of the Patents Act 1970 shall apply 1J1lil(llis 
/Jllllalldis. 
Nullity Declaration upon }{cqucst 
24. Anyone Illay request the declaration of nullity of a design right if the 
design is not novel (Section 2), if it falls under the prohibition of dl)ublc 
protection (Section 3), if it is liable to cause offense or contrary to pub} ic 
policy (Section 1 (~). Section 23 (3) and (4) shall apply. 
Declaration of Lack of rritIe 
25. (J) Anyone who claillls that he is entitled to design protection for the 
products contained in the list of goods (Section 7) instead of the design o\vner 
or his predecessor in title n1ay request that the o\vner of the design is declared 
to lack title to the design and that it is assigned to the person so requcsting. 
Unless an assignlnent is requested. design protection shall end on the day the 
decision declaring lack of title becornes final. 
(2) Where the ground for declaration of lack of title {subsection ( I)) applies 
only to a part of the list of goods, the design o\vner shall be declared only 
partially lacking in title or the design shall be assigned only in part. IPINIl/AUT/DI 1 
Page 11 
(.1) The ciailll against {he bona-ride desig.n o\vner shall heC0l11C stalulc­
harred \\'ithin three years as frolH the date of its registration in the Design 
Register. Sl~cli()11 4<) (-l) and (7) or the Patents Act I <J70 shall apply 1111l101is 
1}11/1(111(lis. 
IV. RESPONSIBILITY AND PROCEDURE 
26. (I) Unless otIK'r\\'ise provided in this Federal Act, the Patent Office 
shall be responsible for taking decisions and handling other 111atters relating 
to design protection. In the Patent Office. the 111C1l1ber of the Legal Division 
handlill~ this Inatter \\'ho is responsible according to the rules or procedure 
shall be responsible unless the Inatter is reserved to the President, the Appeal 
Division or the Nullity Division. 
(2) Sections 52 to 56. 5X. 60. 61. 64. 6() to 69.76 (I). (4) and (5). 7t), X2 
to X6 and 126 to 1 J7 of the Patents Act 1970 shall apply 1l11l!([lis I1IH/Olldis. 
The Legal Division shall also be the responsible divisioll as defined hy 
Sl'l'lioll 130 ( I ) or the Patents Act I <)70 if the i)Jnitted act should havc heen 
1 a " l' 11 ~ It ~ I (' h ~ lin 11l' r () r C () III n 1 C rc e . 
H.csponsihle ()fflcials 
27. ( I) By an order of the President ernployees who are not nlembers of 
the Patent Office rnay also be entrusted to handle J11atters of the Legal 
Di vision the nature of which shall be clearly defined if this appears expedient 
ror purposes of Silllplicity and if the training of the elllployecs so entrusted 
(responsible .officials) is slIch as to ensure correct action. The responsible 
officials shall he hound by the instructions or the responsible 1l1etllber of the 
Legal Divisioll. The lalter 111ay reserve 111i.lllel"s to hill) or handle these hin1self 
at allY tilllC. 
(2) Sectioll 76 (I). (4) and (5) of the Patents Act 1970 shall apply to the 
responsible officials l11lltatis 111utandis. 
(3) Th~ decisions of the responsible officials Inay be appealed against just 
like those of the responsible Inelnber of the Legal Division. The responsible 
1l1eInber Inay hirl1self allow the appeal ~ if he lakes the view that the appeal 
is not allowable or only partly allowable. he shall suulnit the appeal to the 
Appeal Division. IP/N/lIAUT/D/l 
Page 12 
Appeal 
28. (I) The decisions of thc Legal Division Inay he appealed against. 'file 
appeal shall contain a petition for appeal: it shall he lodged \Vilh the Patent 
Office within two 1l1onths I"roln the dale thc decision was served and shall be 
suhstantiatcd no later than olle nl0nth aftcr expiration of said tilllC lill1il, 
(2) Appeals lodged in due tinle shall have suspensive effecl. Appeals 
arriving after the tinlC lilnit referrcd to shall he disn1issed hy the Legal 
Division. lnadlllissible appeals as well as appeals \vhich do not cnlnply \vith 
the legal requirernents shal1 be disrnissed hy the Appeal Division \vithollt 
further procecdings: in the case of defects or fort11. however. an appeal 1l1ay 
be disl11issed only if the appellant has railed. Oil request. to rClnedy till' 
uerects. 
(3) The Appeal Division shall deliberate and take decisions in hoards consistil1~ 
of three JllClllbcrs. cornprising. a legally qualified chainnan as \\'clllls a legally 
qualified Incrnher and a technically qualificd onc. 
(4) The decision of the Appeal Division cannot be appealed against. l-h)\vevcr. 
a petition for an1endment of preparatory orders of the rapportcur and of 
interinl decisions 1l1ay he filed with the Appea1 Division itself. 
(5) For the rest, the Sections 71 (2) and (4-). 72 and 73 of the Patents ACl 
1970 shall apply IJlII/otis }}lll/olldis, 
Procedure before the Nullity Division 
and the Suprenle Patent and Trademark Chamber 
29. (1) The Nullity Division shall decide through a legally qualified 
111enlber on petitions for recognition of a right of prior user (Section 5 (5 )). 
nanling as creator (Section 8 (4 )), declaration of nullity (Section 24). declaration 
01" lack of title (Section 25) and declaratory decision (Section 39) as \\'ell as 
on the ex officio nullity declaration (Section 2~). 
(-:~l J'he Nullity Division shall hear [hc petitions ~\Ild claillls rl'/"L'lTcd to ill 
suhsectioll ( I) with the exception or thL' eX officio Ilullity declaration 41pplyill~ 
Sections 112 (2) to 114a, 116 (2) to (5). 117 to 120 and 122 to 125 or thc 
Patcnts Act 1970 /JIll/ali,,' /JIlI/alldis. l-h)\vever. an oral hearing shall be fixed 
only if uccll1ed necessary by the responsible I11elnher or if requested by a 
party. 
30. ()) Appeals against final decisions of the Nullity Division (nay he 
lodged with the Suprenlc Patent and Tradcrnark CtulInbcr. Thc appeal shall 
be lodged with the Patent Office in writing within two l110nlhs frol11 the darc 
'vvhcn the decision was scrved. It shall contain the petition for appeal staling 
the grounds for appeal. IP/N/lIAUT/D/l 
Page 13 
(2) f\ppeals IOOgl'd in due tinlc shall have sllspensive effect. Appeals 
arriving after th~ titn~ liJ1111 referred to or appeals not cOJltaining a substantiated 
i"of"lllal petition for appeal or which are nol correcleu within the titnc lil11i1 
sct by the Nullity Division shall he disillissed hy the Nullity Division. 
(.1) 'rhe SUprel11C Patent and 'fradel11ark Chatl1her shall delihcrate and 
decide under the chainnanship of lhe President or. i r he is unable to atteno. 
or the Vice-President in boards consisting of three Inel11hers. cot11prising a 
cha i r1nan as \ve II as one legally q L1al i fied and one techn icall y qual i fied 
IHelnber. 'fhc chainnall shall ensure that the board includes at least one judge. 
ThL' legally qualified 111cIllhcr shall he thc rapportcur: if necessary. the 
ci1,linnan Inay "ppoint the technically qualified I11Cl11hcr as co-rapportcur. 
(-t.) There si1(llIlx' IlO separate appeal against preparatory orders and inlerin1 
decisions of the Nullity Division. but a petition for an alllCndl11cnt thcreof 
Inay be filed with the Division itself. They can he contested hy lodging an 
appl'al to the SUprClllL' Patent and Trc.l<.ictllark Challlheronly iflhey havc afTccted 
t hL' fi nal decisioll. 
( .5) For the rc s t. the Sec t ion s 74, 75 (:2) • 1.3 X (4), I 39 (I) . ( :2 ). (4) and (5) 
as \\'cll as 140 to 145 of the Patents Act 1970 shall apply /JILI/utis 111lil0l1dis. 
Inspection of Files 
31. ( I) The parties involveu in proceedings shall he entitled to inspect the 
files relating to those procecdings. 
(2) Any person 1l1ay inspect the files relating to published designs (Section 17). 
(3) Third partics 1l1ay inspect the files relating to unpuhlished designs only 
\,-lith the applicant's consent. The consent of the applicant shall not be 
required for any person against whorn the applicant has invoked the rights 
under his design application. 
(..f) The right to inspect the fi les shall also include the right to Inuke copies. 
Copies shall he certified hy the Patent Office upon request. 
(:)) I IlfO{"IlWliOI1 and official certificates as to the date of the design application. 
the 1l~1I1H,.' o\" the applicant and or his agcnL ir any. if the application relates 
to a sc(:rcr design. the serial nUlnher of the application, any priority clainlcd. 
the serial l1ulllher of thl' application Oil \vhich priority is hased. the products 
for \vhich the design is designated (list or goods), where applicable the person 
n~lI11cd as creator. \vhether the application is still pending, and whether and 
to Wh0l11 the rights under the application have hcen assigned shall be supplied 
to any person. 
(6) Records of deliberation and parts of files relating solcly to internal 
a<.illlinistrativl' tr~lI1S~lcti()ns shall not be accessihk to thl' puhlic. IP/NI 1 IAUT/DI 1 
Page 14 
Representati ves 
32. (I) Anyone acting as a representative in Inatters of design protection 
hefore a Chanlbcr of COJllJllCrcc. before the Patent Office or hcfore the 
Supreme Patent and Trademark Charllber shall have his residence in Austria. 
He shall prove his c.tlllhori/.alion by producing the original written power or 
attorney or a certified true copy thereof. If a pO\Vl'r or ~Illorlley IlllS hL'L'11 
granted to a plurality of persons. each Illay solely act as a represeI11~ltive. 
(2) If nn attorney at law. patent attorney or notary acts as a representative. 
he may refer to the authorization granted to him without actually presenting 
documentary evidence. However. an authorization to assign a design shall in 
any case be proved by a written po\ver of attorney which h;.is to be duly 
certified. 
(3) If a representative acts without a po\·ver or altorney or. ill th~ cvcnt or 
subsection (2). without referring to the authorization granted to hin1. till' 
action in the proceedings t,,~eJl by hill} siwlJ hc v"lid ollly 011 condi(io/l (h~l[ 
he SUblllils a proper power of attorney or refers to the authorization granted 
to hiln \vithin the reasonable tin1C lil11it prescribed therefor. 
. (4) Anyone having neither residence nor place or business ill Austria Ill~ly 
clailll rights undcr this Federal Act before a Ch,lI11bcr or COllllllerce and 
hefore the Leg.al Division or the Patent Office only if he has a representat.ive 
resident in Austria. He lnay clainl these rights before the Appeal Division 
and before the NuJlity Division of the Patent Office as well as before the 
Supren1e Patent and Tradetnark Chalnner only if he is represented by an .Austrian 
attorney at Jaw, patent attorney or notary. 
(5) The authorization granted to an Austrian attorney al law, patent (tHorney 
or notary to act as a representative before the Patent Office shall en1power 
hinl by law to exercise aU rights under this Federal Act before a ChaIllher of 
COn1l11crc:c. before the Patent Office and before the SUprCI11C Patent and 
Tradenlark Chmnber. in particular to file design applications. to withdra\\' 
applications. to file and withdraw petitions or appeals to be dealt \vith hy the 
Nullity Division. 10 conclude COtllprOlllises. accept service or dOClIlllClllS or 
any kind and receive payn1cnt or official fees and of the cost of proceedings 
and-represcntation fronl the adverse party and to appoint an agent. 
(6) The authorization pursuant to subsection (5) Inay he lilllited to ~l 
particular right and to representation in particular proceedings. How~ver. it 
shall not expire on the death of the principal or as a result of a change in his 
legaJ capacity. 
(7) If the representative is to have also the power to waive a published 
design (Section 17) in whole or in part. he 1l11lS1 he expressly authorized to 
do so. Austrian Design (;azette IP INIV A UT IDIl 
Page 15 
JJ. The P~ltenl C)llice shall issue periodically an official Design Gazette 
(fV1usteralll.cigcr) containing ill particular prolnulgatiol1s pursuant to Section 
17. puhl icalions as to rhe end of design protection. partial waivers, changes 
o/" llall1C and changcs or the person of the design o\vner ,IS well ,lS publ ications 
to hc 111atk pursuant to Scclioll 2() (2) ~lpplyillg Sections 12X and I]] (]) or 
tilL' P~lll'1l1S Act IlJ7() 1I1l1/alis "llI/tllldis. 
V. INFRINGEMENTS OF DESIGN RIGHTS 
AND PETITIONS FOR I)ECLARATC)RY DECISIC)NS 
l)esign InfringcI11cIlts 
34. An} pcrson who has suffered an inf"l"ingcll1ent or his dcsign right shall 
he clllitkd to deilland an injunction. clill1ination. puhlic:ation of the judgnlcnt. 
reasonable c0l11pcnsation. dan1ages. surrender of the profits realized and 
aCl'ounting: any person who worries that sllch an infringen1cnt nlight take 
place 111ay also cienland an injunction. Sections 147 to 154 of the Patents Act 
IlJ70 shall apply 1l11I!otis lilli/ant/is. 
35. ( I) Any person who infringes a design right shall be punished by thc 
court hy a rine of lip to 360 times the per dielTI rate for calculating fines. 
(2) The saIne penal ty shall be i Inposed on the owner or director of an 
enterprise \vho does not prevent the infringclllcnt of a design right committed 
hy a person working for hinl or on his behalf in the course of the activities 
of the enterprise. Where the owner of the enterprise is a legal entity, this 
provision-silall apply to the officers of the enterprisc who have failed to 
prevent sllch inrringclncnt. 'fhe enterprise shall he jointly and severally liable 
\vith the guilty party for the fines ilnposed on the officers. 
(~) Prosecution sh~t11 lake place only at the requcst of the injured party. 
(4) Sections 14~. 14Y and 160 of the Patents Act 1970 shall apply to the 
cri 111 i nal proceed ings IIIll/atis lJ1utandis. 
36. The court of first instance shall send to the Patent Office in respect of 
every judgnlcnl ruling on the validity or effectiveness of a design right a copy 
COil fi J'Jlli ng the legal rorce or the decision, ror allachlnent to the design grant 
fi Ie. A notation shall be made in the Design Register (Section 21) concerning 
sllch a judgnlent. IP/N II I AUT IDI 1 
Page 16 
37. Any person who designates products in a J11anner likely to give the 
inlpression that they enjoy design protection shall on request provide infonnation 
re~arJiIH! the design right on which sllch desi~nation is based. --..... ..... '- ...... 
38. (I) The C0l11111crcial Court of 'Vi~nna shall ha\'e c\dusi\'(' jurisdiction 
o\'cractions and intcrin1 injunctions undcr this Fedcral Act. 
(::!) Jurisdiction in crinlinal Inatters under this Federal Act shall bclnng tl) 
(11L' Vienna Pnn'illcial C\Hlrl fnr Crilllill~lI \1~ltll'rS, 
39. ( I) A.ny person \\'ho cOInnlercially Inanufactures. puts on (he 111arkct. 
offers for sale or uses a product or intends to take such steps Inay apply to 
the Patent Office for a declaration against the o\vner of a protected design or 
an exclusive license. stating that the product is neither \\'hoily nor partly co\'er~d 
by the design right. 
(2) The owner of a protected design or of an exclusive license Inay apply 
to the Patent Office for a declaration against any person who conlInercially 
lnanufactures, puts on the I11arket, offers for sale or uses a product or intcnJs 
to take such steps, which declarption shall state that the product is \vholly or 
partly covered by the design right. 
(3) Petitions under subsections (I) and (2) shall be rejected if the party 
opposing the petition proves that an infringen1ent action concerning thc sanlC 
design right and the same product instituted hetween the sanlC parties at an 
earlier date is still pending or has been finally ternlinated. 
(4) The petition for a declaratory decision 111ay relate to only one design 
right. The petition shall be acconlpanied by a picture of the product in fOllr 
c()pies~ one copy shall be attached to the final decision. 
(5) The costs of the proceedings shall be horne by the petitioner if th~ 
opponent has not provoked the petition by his conduct and has recognized 
the claim within the period allowed hinl for his reply. 
VI. FEES 
Fees to Be Paid on Filing the Application 
40. (I) The follow'jng fees shall be payable on filing the application: 
1. Application fee 
a) for a single application. . . . . . . . . . . . . . . . . . . . . .. ATS 600 IP/N 11 I A UT ID/1 
Page 17 
b) for a collective application (Section 13) .......... , ATS 750 
plus ATS 80 for the 11 th and for each additional 
design conlbincd in this application: 
surcharge for a secret design application (Section 14) ... 50 per cent 
of lhe application fec to he paid: 
3. Class fee for a single application per class . . . . . . . . . .. ATS ISO 
4. Storage fec for threc-dinlcnsional designs 
pl'r design sPl'l'illll'tl ........................ . i\TS )()() 
). Prilllillg k'l'. till' atlloullt or \vhich is to 11L' fixed 
by ordi !lance (Sect ion 43 ( I )). 
(.2) Thl' printing I'l'l' al'corc..lillg ll) suhsectioll (I) para. ) shall he refunded 
if tile ,Ipplicatiull does !lot result in publication (Section 17). 
Rene\val Fee 
41. ( I) The renc\val fee for single designs shall be ATS 900 for the first 
extension or th~ period of' protection and ATS I ~200 for the second extension. 
for designs of a collective application ATS 300 per design for the first 
extension or the period of protection and ATS 400 per design for the second 
extension. It l11ay be paid one year before the end of the period of protection 
at the earliest and six 1l10nths after its end at the latest. Whenever payment 
is I11ade after the end of the period of protection. a sllrchage of 20 per cent 
shall he payahle in adJition to the renewal fee. 
(2) Thc renewal fees nlay be paid by any person inlcre~tcd in the design. 
PI'occdural Fees 
42. ( I) The rollo\vil1g proceuural fees shall be payable: 
1. for the filing of an appeal (Section 28) ............ , ATS 800 
') for aJ1), petition to be dealt with 
by t11e -Nullity Division (Section 29). . . . . . . . . . . . . .. ATS 2,600 
3. for an appeal (Section 30) . . . . . . . . . . . . . . . . . . . .. ATS 4,000 
4. a) for a petition for recordal of a right or prior 
lIscr (Section .5 (4)). 
for assignn1cl1 t i nler vi vos (Sccli on I ()). 
for recordal or a license (Section 22 (4)) 
or an assignlnent of a license 
or ror any other entries in the Design Register 
'd .1 t' . S . 'I 1 provl eu or In eellon __ ( ) ...... , ......... . 
b) for a petition for an entry relating 
to a dispute (Section 22 (3)) ................. . ATS 700 
ATS 300 IP/N/1IAUT/DI 1 
Page 18 
(1) The fees pursuant to suhsection (1) shall he paY,lhlc for lIny design 
appl icalion and any protected <.ksign \vhil'h is the suhject or the petition or 
appeal. 
(3) The fees pursuant to subsection (I) para. I and) shall be refunded i r 
the appeal is essentially successful and if the proceedings have been conducted 
without an adversc party. Hall' of the fees provided for in suhsection (I) par~\. 
3 shall he refunded if the appeal is dislllissed or the procL'edings arc (L'nllill~lh.\d 
\vit!loul ~lIly hcaring. Ilalr or tile fces provided for in SUhSL'ctioll (I) par~1. -l 
shall be refunded if the petition is \\'ilhdr~I\VIl hL'rorL' a decision is takcll. 
Special Fees 
43. (1) Printing fees as well as special fees for official copies. publications. 
certificates and certi fications as well as for extracts fronl the Register Ina), 
be fixed by ordinance. In the detennination of the fees for each p~lrriclilar 
case. which shall not exceed ATS i.1 00. account shall be taken or the labor 
and material required for the official service involved. To the extent to \vhich 
fees depend on the I1lllnber of pages or sheets. Section ) 66 ( I ()) of the Parcnts 
Act 1970 shall apply IJlllt(ltis 11lllt([lldis. 
(2) If fees are fixed by an ordinance pursuant to subsection (1). official 
copies. certificates and certifications Inay be I1lade and issued only after paYlncnl 
of the fees payable for them. Petitions for official publications and petitions 
\vhich Jllay be accepted only after official publication under this Federal Act 
shall be refused if the relevant fees or printing fees payable for thenl are not 
paid in tilTIc. 
PaYlllcnt of Fees 
44. ( I) Fees payable under this Federal Act shall be paid to the Patent 
Office·.· 
(2) The nlethod of payment of these fees as well as the type of the proof 
or paYlllcnt shall be laid down hy ordinance. \vhich shall specify in particular 
when any paYll1ent is deelned to have been Inade in tilllC. The ordinancc shall 
he so frarllcd as to take into account. on the one hand. t11ethods or payll1cl1t 
available othcr than paynlcnt in cash and. on the other hand. the flccd for 
sinlple and cconoll1ical verification hy the Patent Ortiee. 
(3) ) f a design application has bcen filed with a Chc.llllber or COllllllcrcc. 
the Patent Office shall relnit 50 per cent of the application fcc paid to the 
respective Chanlber. Annual accounts shall be rendered. IP/NllIAUT/DIl 
Page 19 
VII. FINAl. AND TRANSITIONAL PRC)VISIONS 
-'S. 'rile pro\'isiolls or the federal acts CilCd ill this Federal Act shall apply 
~IS ~llllL'nlkd (rOil) lill1l' tll tilllC. 
-'6. ( I) This FL'lkral /\ct shall enter into rorcl' as or January I. I t)<.) I. 
(2) ()nlillalll'l'S Oil till' hasis of this Fl'lkral /\l't Inay he isslled alrcady as 
,'rOIl) till' (by r()IIl>\\'ill~ its pn)/lllll~atioll. IloWl'\'CL tlll'Y sh~IlI nul entcr inlo 
,'orl'l' hci'url' thL' d~llL' referred to in suhsectioll ( I ). 
(3) Till' r()II{)\Vill~ sll~dl l'L'aSl' to h~l\'l' l"'I'l'l'! UpOll till' L'llir), into j'prcc or 
til i ~ I :clk-ral ;\l't: 
I. lhe Designs Act 1 ()70. Federal La\\' Cial.etle No, 2() I. 
I the ordinance or the federal rV1inistry or Trade and Reconstruction of 
No"cl11ber II. ILJ5<J concerning particular rcquirenlcnls \\'hen depositing 
d~signs. federal La\\' Gazette No. 255. 
3, I Ill' ord i l1atlCe () r 1 he Fcdera I ~1 i 11 i ster () ( 'I radc. C0I11111CrCe and 1 ndustry 
01 NO\'Ctllbcr II. 1960 conccrning the cst~lhlishll1cnt of design dcpositories 
and the cvidence or the priority right (Design Regulations) Federal Lu\\' 
(J~l/.eltL' No, 3X7. 
(-+) H()\\'l~vcr. the legal provisions repealed pursuant to sunscction (3) shall 
continue to apply to designs deposited prior to January I. 199 I. 
47. The rullo\ving shall bc respollsible for the iinpiclllcnlation or this 
Felkral Act: 
I. 1 h c Fed era I [\'1 i n i s t e r 0 r J 1I S tic e \ \' i t h res pee t t 0 S C L' t i () n 25 (:2) i n 
connectioll \vilh Section 49 (2) of the Patents Act I <J70 as \-vell as \\:,ilh 
respect to Sections 34 to 3X in connection with Scctions 14R to 154 and 
160 or (hc PaleJlls Act 1<,)70. 
') the FL'tkral Minister of ECtlllOlllic Allairs and the Federal Minister of 
Justice \vith rcspect to Section 26 (2) in connection with Section 126 of 
till' Palt.:l1b Act 1970 as \veII as \vith respect to Section 30 (5) in 
cOI1J)ectioll wi th SC<;l ion 74 (:2) and C~) of the Patents Ac( 1970 as far 
as it rchu.es to the appoinlillent of judges . 
. 1" tile Federal rv1inister of Econoillic Affairs in agrccll1cnt with the Federal 
rvlillister or FinancL' with rcspect to Sc\.:tiol1 4~ (I). 
-+. lhe Federal Minister or Ecol1oll1ic AIT~lirs \\'ilh respect to all other provisions 
or this Feder~tI ,\cl. 