   
  
IP/N/1/DEU/3  
IP/N/1/DEU/D/2  
 
12 October 2023  
(23-6853) Page: 1/3 
Council for Trade -Related Aspects of   
Intellectual Property Rights  Original: English  
 
  
NOTIFICATION OF LAWS AND REGULATIONS  
UNDER ARTICLE 63.2 OF THE TRIPS AGREEMENT  
GERMANY : ACT ON THE LEGAL PROTECTION OF DESIGNS  
(DESIGNGESETZ – DESIGNG)  
Notifying Member  GERMANY  
 
Details of the notified legal text  
 
Title Act on the Legal Protection of Designs (Designgesetz – Design g) 
Subject matter  Industrial designs  
Nature of 
notification  [X] Main dedicated intellectual property law or regulation  
[  ] Other law or regulation  
Link to legal text* https://ip -documents.info/2023/IP/DEU/23_12519_00_e.pdf  
Notification status  [  ] First notification  
[  ] Amendment or revision to notified legal text  
[X] Replacement or consolidation of notified legal text(s)  
Previous 
notification(s) 
referred to  IP/N/1/DEU/D/1/Add.5  
Brief description of the notified legal text  
 
The legal reform mainly introduced the invalidity proceedings and changes the designation of the 
property right to design.  
 
- Invalidity proceedings  
 
The German Patent and Trade Mark Office (DPMA) registers the design without examination of all  
substantive requirements. Should it become apparent, after registration, that, for example, the 
design lacks novelty or individual character, a third party can file an application for the determination 
of invalidity. If the registered design is invalid, i t will be cancelled from the Design Register after 
conclusion of invalidity proceedings. The registration will be deemed not to have had any protective 
effect as from the outset.  
 
What kind of applications can be filed?  
 
The Design Act (Designgesetz) disti nguishes between an "application for the determination of 
invalidity " and an "application for the declaration of invalidity ". 
 
• The "application for the determination of invalidity " relates to absolute grounds for invalidity 
(the appearance of the product  does not constitute a design, lack of novelty/individual character, 
exclusion from design protection). Anybody may file this application.  
 IP/N/1/DEU/3 • IP/N/1/DEU/D/2  
 
- 2 - 
 
  • The "application for the declaration of invalidity " relates to relative grounds for invalidity 
(works protected by copyright, registered designs or distinctive signs with an earlier filing or priority 
date). The application can only be filed by the right holder concerned.  
 
The application for the determina tion or declaration of invalidity is subject to a fee and must be filed 
in writing including a statement of grounds. Please note that you must indicate all the facts and 
evidence in support of the statement of grounds. The grounds of invalidity on which th e application 
is based must be clearly stated. The application for the determination or declaration of invalidity 
determines the matter to be examined in a way that the German Patent and Trade Mark Office is 
bound by the grounds stated in the application. In addition, the conflicting earlier designs or other 
rights cited against the challenged registered design must be indicated precisely.  
 
Before filing such an application you should consider the financial risk because in the case of a 
dispute, the losing party must usually also bear the costs of the opposing party.  
 
The DPMA informs the holder of the registered design about the application for the determination or 
declaration of invalidity. If the right holder does not contest the application within one mo nth, 
invalidity will be determined or declared. Where the applicant contests the application, the Design 
Division continues invalidity proceedings and decides on the application on the basis of the submitted 
facts and evidence - after a hearing, if necessa ry. If the registered design is invalid, it will be 
cancelled from the Design Register. Such a design does not have had any protective effect as from 
the outset.  
 
Action brought before the competent regional court  
The regional court will decide on question  of invalidity only if a "counterclaim " is filed. If, for example, 
a design holder is sued because of infringement of another design right, they can file a counterclaim, 
arguing that the registered design of the claimant does not fulfil the requirements of  protection. 
Otherwise, the court will presume in such infringement proceedings that the registered design of the 
claimant is legally valid.  
 
- Change of designation  
 
The German designation of the registered property right, the "Geschmacksmuster ", was init ially 
based on the French usage "dessins et modèles ", which was translated as "patterns and models ". 
With the increasing internationality the need to protect intellectual property at international level is 
also growing. For the resulting international regu lations on intellectual property, the term "design " 
has become increasingly common in the past.  
 
Language(s) of 
notified legal text English  
Entry into force  16 March 2004;  
Design Act in the version published on 24 February 2014 (Federal Law 
Gazette I, p. 122), as last amended by Article 10 of the Act of 10  August  2021 
(Federal Law Gazette I, p. 3490)  
 
This Act serves to implement Directive 98/71/EC of the European Parliament 
and of the Council of 13 October 1998 on the legal protection of des igns (OJ 
L 289, 28.10.1998, p. 28). It was adopted by the Bundestag as Article 1 of 
the Act of 12 March 2004 (Federal Law Gazette I, p. 390). Pursuant to 
Article  6 (1) of that Act, it enters into force on 1 June 2004. Pursuant to 
Article 6 (2), section 26,  section 52 (2) and section 63 (2) enter into force 
with effect from 19 March 2004.  
Other date    IP/N/1/DEU/3 • IP/N/1/DEU/D/2  
 
- 3 - 
 
  Notification details  
 
Submission date 
of notification  17 August 2023  
Other information  IP/N/1/EU/D/1  
(Directive 98/71/EC of the European Parliament and of the Council of 
13 October  1998 on the legal protection of designs ) 
 
Agency or 
authority 
responsible  Federal Ministry of Justice - III B 5   
Mohrenstr. 37  
10117 Berlin  
Germany  
 
Email:  IIIB5@bmj.bund.de  
 
 
 
* Links are provided to texts of laws and regulations notified under the TRIPS Agreement in the form 
supplied by the Member concerned; the WTO Secretariat does not endorse or revise their content.  