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 Regulation on the implementation of the Design Act  
(Design Regulation  – DesignV)  
DesignV  
Date of issue: 02.01.2014  
Full quote:  
“Design Ordinance of 2 January 2014 (BGBl. I p.  18), last amended by Article 11(2) of the Act of 10 August 2021 
(BGBl. I p. 3490)”  
Status:  As last amended by Article 11(2) G of 10.8.2021 I 3490  
Footnote  
(+++ Proof of text from: 10.1.2014 +++)  
(+++ For application cf. § 27 +++)  
The V was adopted as Article 1 of V of 2.1.2014 I 18 by the Federal Ministry of Justice and Consume r Protection. It 
entered into force on 10.1.2014 in accordance with the first sentence of Article 6(1) of that V.  
Overview of content  
Section 1  
General  
§ 1 Scope  
§ 2 Forms  
Section 2  
Registration procedure  
§ 3 Content of the application  
§ 4 Submission of the application  
§ 5 Application for registration  
§ 6 Details of the applicant, representative  and designer  
§ 7 Reproduction of the design  
§ 8 Area -based design sections  
§ 9 Product indication and classification  
§ 10 Description for explanation of the reproduction  
§ 11 Information on the us e of a priority  
§ 12 Division of a single application  
§ 13 Follow -up of the notification  
§ 14 German translations  
Section 3  
Design register, procedure after registration  
§ 15 Content of the design register  
§ 16 Further entries in the design register  
§ 17 Certificate of registration  
§ 18 Division of a collective entry  
§ 19 Information on extension and maintenance  
§ 20 Waiver of the registered design  A service of the Federal Ministry of Justice and the Federal Office for  
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 Section 4  
Procedure for establishing or declaring invalidity  
§ 21 Submission  
§ 22 Procedural principles  
Section 5  
International registrations  
§ 23 Opinion on refusal of protection in the case of international registrations  
§ 24 Rewriting of international registrations  
§ 25 Subsequent deprivation of protection  
Section 6  
Final provisions  
§ 26 Retention of reproduction of the registered design  
§ 27 Transitional arrangements  
Section 1  
General  
§ 1 Scope  
The provisions of this Ordinance shall apply to proceedings governed by the Design Act before the German Patent 
and Trademark Office in addition to the provisions of the Design Act and the DPMA Ordinance.  
§ 2 Forms  
Forms referred to in this Regulation can be requested from the German Patent and Trademark Office or downloaded 
from the website of the German Patent and Trademark Office ( HYPERLINK "http://www.dpma.de" www.dpma.de).  
Section 2  
Registration procedure  
§ 3 Content of the application  
(1) The application for registration of a design in the design register must contain in accordance with § 11(2) and 
(3) of the Design Act:  
1. the application for registration (§ 5),  
2. Information enabling the applicant to be identified (Section 6(1) to (3));  
3. the reproduction of the design (§ 7) or, in the case of Section 11(2) sentence 2 of the Design Act, the area -
based design section (§ 8) and  
4. the indication of the products in which the design is to be incorporated or in whi ch it is to be used (§ 9).  
(2) The application may also include:  
1. a description for the explanation of the reproduction (§ 10),  
2. an application for deferment of the publication of the communication in accordance with the first sentence of 
Section 21(1) of the De sign Act,  
3. the indication of the class of goods in which the design is to be classified (§ 9);  
4. the indication of a representative (Section 6(4)),  
5. the indication of the designer (§ 6(5)),  
6. a declaration that the priority of a previous foreign application of t he same design or an exhibition priority is 
claimed (§ 11), and  
7. the applicant’s non -binding declaration as to whether there is an interest in issuing licences.  A service of the Federal Ministry of Justice and the Federal Office for  
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 § 4 Submission of the application  
(1) The application can be submitted in writing or electronically. For electronic filing, the Ordinance on Electronic 
Legal Transaction at the German Patent and Trademark Office is decisive. Sections 7(5) and 10(3) remain 
unaffected.  
(2) By way of derogation from Section 11(1) of the DPMA Regulation, the submi ssion of reproductions of a design 
for the purpose of filing an application or subsequent filing (section 16(3) sentence 1 of the Design Act) is not 
permitted by fax.  
Footnote  
(+++ § 4 para. 2: For the application, see § 27(1) +++)  
§ 5 Application for registra tion 
(1) The form issued by the German Patent and Trademark Office must be used for the written application for 
registration of a design pursuant to Section 11(2), first sentence, number 1 of the Design Act.  
(2) The application for registration of designs in a sin gle application (Section 12 of the Design Act) must contain in 
addition to the content prescribed in Section 11(2) and (3) of the Design Act:  
1. a statement of the number of designs requested to be entered in the design register; and  
2. an attachment sheet conta ining the following information:  
a) a list of designs summed up in Arabic numerals,  
b) the number of presentations submitted for each design; and  
c) the declaration that the product indication applies to all designs or, for each design, an indication of the 
products in which it is intended to be incorporated or used.  
The form issued by the German Patent and Trademark Office must be used as an investment sheet.  
(3) Requests with the application to postpone the publication of the communication (Section 21(1) se ntence)  
1 of the Design Act), this application relates to all designs summarised in the single application.  
§ 6 Details of the applicant, representative and designer  
(1) The application must contain the following information about the applicant:  
1. if the applicant is a natural person: First names and names or, if the registration is to be made under the 
applicant’s company name, the company as entered in the trade register, as well as the address of the 
residence or registered office with indication of str eet, house number, postal code and city,  
2. if the applicant is a legal person or a partnership:  
a) Name or company name, legal form and address indicating street, house number, postal code and place 
of registered office; the designation of the legal form may be  abbreviated in the usual manner; where the 
legal person or partnership is registered in a register, the information shall correspond to the register 
entry;  
b) in the case of a company under civil law, additionally name and address with indication of street, house 
number, postal code and place of at least one authorised partner.  
If the applicant is domiciled or domiciled abroad, the State shall also be indicated when specifying the address 
referred to in sentence 1, in addition to the place of residence. Furth er information about the district, province or 
state in which the applicant is domiciled or domiciled or whose legal system he is subject to is voluntary.  
(2) The application may also include a mailing address different from the address of the applicant, a mai lbox 
address as well as telephone numbers, fax numbers and e -mail addresses.  
(3) Where the application is submitted by several persons or partnerships, paragraphs 1 and 2 shall apply to all 
notifying persons or partnerships.  
(4) Where a representative is appointed , paragraphs 1 and 2 shall apply mutatis mutandis with regard to the 
particulars of the representative.  
(5) The designation of the designer shall apply mutatis mutandis to paragraph 1 sentence 1 number 1, sentences 2 
and 3 and paragraphs 2 and 3.  A service of the Federal Ministry of Justice and the Federal Office for  
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 § 7 Reproduction of the design  
(1) The design is reproduced using photographic or other graphic representations. Up to ten representations are 
permitted per design, any further representation shall not be taken into account.  
(2) Several representations are to be divided according to the decimal  classification and numbered continuously 
with Arabic numerals. The numeral to the left of the point denotes the number of the design and the digit to the right 
of the point the number of the representation. The numbering shall be affixed to the forms in a ddition to the 
representations. The numbering by the applicant is decisive for the order of representations.  
(3) The design shall be displayed on a neutral background in an image size of at least 3 × 3 centimeters. The 
representations are intended to show the design applied for protection without ancillary and must not contain any 
explanation, numbering or dimensional indication. A representation may only show a view of the design. The 
representations must be permanent and indelible.  
(4) The representations must be  printed or pasted on the forms issued by the German Patent and Trademark 
Office. In the case of multiple applications (Section 12 of the Design Act), a separate form shall be used for each 
design. No text, designations, symbols or dimensions may be placed  on the forms in addition to the representations 
for explanation.  
(5) The presentations can be submitted on a digital medium instead of on a form. The data carrier must be 
readable by the German Patent and Trademark Office. The data carrier types and formattin g readable by the 
German Patent and Trademark Office will be announced on the website www.dpma.de . If the data carrier is not 
readable, the reproduction shall be deemed not to have been su bmitted. Each representation must be stored in the 
graphic format JPEG (*.jpg) as a separate file in the root directory of an empty disk. The resolution of the display 
shall be at least 300 dpi. A file must not be larger than 2 megabytes. The file names sh all be selected in accordance 
with the first and second sentences of paragraph 2. The fourth sentence of paragraph 2 shall apply mutatis 
mutandis.  
(6) Where the application concerns a design consisting of a repetitive surface design, the reproduction must show  
the complete design and a sufficiently large part of the area with the repetitive design.  
(7) Where the application concerns a design consisting of typographic characters, the reproduction of the design 
must include a complete set of characters and five lines  of text, each in font size 16 dots.  
§ 8 Area -based design sections  
(1) Area -based design sections (Section 11(2) sentence 2 of the Design Act) must be submitted in two identical 
copies.  
(2) If several design sections are submitted, they must be numbered on the back s ide. A design section should not 
exceed the format of 21 x 29.7 centimeters (DIN A4). A larger design section shall not exceed a format of 50 × 100 × 
2.5 centimeters or 75 × 100 × 1.5 centimeters and shall be such that it can be combined to 21 x 29.7 centi meters 
(DIN A4). The design sections filed with an application must not be heavier than 15 kilograms in total, including 
packaging. No design sections may be submitted that are perishable or whose storage is dangerous, in particular 
because they are highly  flammable, explosive, toxic or contaminated with pests.  
(3) Where an application for registration of a design consisting of a repetitive surface design is requested, the 
design section shall, in addition to the requirements set out in paragraphs 1 and 2, show  the complete design and 
one of the length and width according to sufficient part of the area with the repetitive design.  
§ 9 Product indication and classification  
(1) The indication of the products in which the design is to be incorporated or used (Section 11(3) of the Design 
Act) is based on the official list of goods for registered designs on the basis of the Locarno Convention on the 
Establishment of an International Classification of Industrial Designs (Federal Law Gazette 1990 II, p.  1677, 1679). 
The classifi cation of the design to be registered depends on the classification of the classes and subclasses for 
registered designs. The current versions of the list of goods and the classification of classes and subclasses are 
published by the German Patent and Trad e Mark Office in the Federal Gazette.  
(2) The indication of the product must allow a proper search of the design represented by the reproduction. It 
should not cover more than five terms of the goods. If, in the context of the examination pursuant to Section 1 6 of 
the Design Act, the German Patent and Trade Mark Office finds that the indication of the product contained in the 
application does not allow a proper search, the German Patent and Trade Mark Office may add an additional 
concept of goods to the product  indication.  A service of the Federal Ministry of Justice and the Federal Office for  
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 (3) If the class classification changes after the registration of the design, the classification of the products shall be 
adapted of its own motion at the request of the rightholder or upon registration of the maintenance of the protection 
and communicated to the rightholder.  
§ 10 Description for explanation of the reproduction  
(1) If a description is submitted for explanation of the reproduction (Section 11(5)(1) of the Design Act), it may only 
refer to those features which are apparent from the reproduction of the des ign or the area -based design section. In 
particular, it must not contain any information about the novelty or peculiarity of the design or its technical function.  
(2) The description explaining the representation of a design may contain up to 100 words and mus t be submitted 
on a separate sheet. The description shall consist of continuous text and shall not contain any graphic or other 
design elements. In the case of multiple applications (Section 12 of the Design Act), the descriptions can be 
summarised accordi ng to design numbers in a document.  
(3) If a digital data carrier is used to submit the reproduction (§ 7(5)), the description can be stored in the format 
“*.txt” on the data carrier. In the case of multiple applications, the descriptions shall be summarised b y design 
number in an electronic document.  
§ 11 Information on the use of a priority  
(1) If the application declares the claim of priority of a previous foreign application, the time, country and file number 
of this application must be indicated and a copy of this application must be submitted (Section 14(1) sentence 1 of 
the Design Act).  
(2) If the use of an exhibition priority is declared, the date of the first exhibition and the name of the exhibition shall 
be indicated. In order to prove the display (Section 15(4) s entence 1 of the Design Act), a certificate issued during 
the exhibition by the body responsible for the protection of intellectual property at the exhibition must be submitted. 
The certificate must certify:  
1. that the design was revealed at the exhibition,  
2. the day of the opening of the exhibition and  
3. the day on which the design was first revealed when the first revelation does not coincide with the opening day 
of the exhibition.  
For the certificate, the form issued by the German Patent and Trademark Office shall be used. The certificate must 
contain a representation of the actual disclosure of the design, certified by that body.  
(3) The possibility to amend the information pursuant to Section 14(1) sentence 2 of the Design Act or to issue the 
declaration of priority within 16 months after the priority date or the date of the first display (Section 14(1) sentence 1 
and § 15(4) sentence 1 of the Design Act) remains unaffected.  
§ 12 Division of a single application  
(1) Pursuant to Section 12(2) of the Design Act, a single application may be divided into two or more applications.  
(2) The declaration of division shall include:  
1. the reference number of the single application; and  
2. the numbers of designs to be divided.  
(3) The division shall be effected as soon as the difference t o be paid pursuant to Section 12(2) sentence 3 of the 
Design Act has been paid.  
(4) If the information referred to in Section 6(1) and (4) changes as a result of a change in the information relating 
to the applicant or representative with regard to individual designs, the single application shall be shared ex officio.  
§ 13 Follow -up of the notification  
An application for further processing of the application refused as a result of time -limits (Section 17(1) of the Design 
Act) must contain the following information:  
1. the file number of the application,  
2. the applicant’s name, and  
3. the date of the decision to which the application relates.  
§ 14 German translations  
(1) If a foreign -language document is filed, the German Patent and Trade Mark Office may request the applicant to A service of the Federal Ministry of Justice and the Federal Office for  
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 submi t a German translation within a reasonable period of time. The translation must be certified by a lawyer or 
patent attorney or by a publicly appointed translator.  
(2) If the translation is submitted after the deadline, the foreign -language document shall be de emed to have been 
received at the time of receipt of the translation. If no translation is submitted, the foreign -language document is 
deemed not to have been received.  
Section 3  
Design register, procedure after registration  
§ 15 Content of the design register  
(1) When the application is registered, the following shall be included in the design register:  
1. the file number of the application,  
2. the reproduction of the registered design,  
3. the respective design number, in the case of multiple applications in accord ance with the sequentially 
numbered list pursuant to § 5(2) sentence 1 no. 2 letter a;  
4. the name, where applicable the company name, including the legal form, and the place of residence or 
registered office of the applicant, in the case of foreign places al so the State (§ 6(1) and (3)),  
5. the address of the declarant, indicating the person entitled to receive it;  
6. the filing date (Section 13(1) and Section 16(3)(2) of the Design Act),  
7. the date of registration,  
8. the product indication (§ 9) and  
9. the classes of goo ds (Section 19(2) of the Design Act), consisting of the indication of the classes and 
subclasses.  
(2) Where applicable, the following information will be added to the design register in addition to the registration:  
1. that a non -binding declaration of the applic ant’s interest in the award of licences has been made (Section 
3(2)(7)),  
2. the name and domicile of all designated members entitled to represent a company under civil law (Section 
6(1), first sentence, point 2(b),  
3. the name and address of the representative (§ 6(4)),  
4. the name and address of the designer (§ 6(5)),  
5. the description to explain the reproduction of the design (§ 10),  
6. a reference to the replacement of the reproduction by a design section in terms of area (Section 11(2) 
sentence 2 of t he Design Act),  
7. an indication as to whether the registration relates to the application of a single design or a single application 
(Section 12 of the Design Act), as well as, in the case of a single application, the number of designs 
summarised in the appl ication (§ 5(2), first sentence, number 1),  
8. Time, country and file number of the earlier application of the same design when claiming a foreign priority 
pursuant to § 14 of the Design Act,  
9. the date of the first exhibition and the designation of the exhibit ion if an exhibition priority is claimed in 
accordance with § 15 of the Design Act,  
10. that an application for deferment of the publication of the communication has been made (Section 21(1) 
sentence 1 of the Design Act),  
11. that there are rights in rem to the re gistered or registered design (Section 30(1)(1) and § 32 of the Design Act),  
12. that the design applied for or registered has become the subject of a measure of foreclosure (Section 30(1)(2) 
and § 32 of the Design Act); and  
13. that the right to the registered design has been covered by insolvency proceedings (Sections 30(3) and 32 of 
the Design Act).  
(3) In the case of transfers before the registration of the design already applied for, only the one who is the holder 
of the right established by the appli cation at the time of registration will be entered in the design register.  
(4) If a request has been made to defer the publication of the communication in accordance with the first sentence 
of Paragraph 21(1) of the Design Act, the registration of the applicat ion shall be limited to the information referred to 
in subsection 1(1), (4) to (7), in accordance with subsection (2) numbers 1 to 3, 10 to 13, and to the priority date 
referred to in subsection (2) numbers 8 and 9. If the protection is extended to the ter m of protection pursuant to A service of the Federal Ministry of Justice and the Federal Office for  
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 Section 27(2) of the Design Act (Section 21(2) sentence 1 of the Design Act), the remaining information shall be 
included in the design register in accordance with paragraphs 1 and 2.  
§ 16 Further entries in the design register  
In ad dition to the entries pursuant to Section 15, the following information shall be included in the design register if 
necessary:  
1. that the protection was extended to the term of protection pursuant to Section 27(2) of the Design Act (Section 
21(2) sentence 1 of the Design Act),  
2. in the case of a subsequent publication of the communication (Section 21(3) of the Design Act), the date of the 
publication and the reference to the notice pursuant to Section 21 (1) sentence 2 of the Design Act,  
3. Amendments t o the information referred to in Section 15(1)(4) and (5) and (2) (3) and (4),  
4. that an application for reinstatement has been made beforehand (Section 23(3) sentence 3 of the Design Act) 
and the result of this procedure,  
5. that a collective entry has been sh ared (§ 18),  
6. that judicial proceedings have been initiated pursuant to Section 9(1) of the Design Act and the further 
information pursuant to Section 9(4) of the Design Act,  
7. that an application for a declaration of invalidity has been made (Section 34a(1) of the Design Act) and the 
outcome of the invalidity proceedings;  
8. the date of filing the counterclaim for a declaration of invalidity and the outcome of the proceedings (Section 
52b(4) of the Design Act); and  
9. the date and reason for the deletion of the reg istered design (Section 36(1) of the Design Act).  
§ 17 Certificate of registration  
The proprietor of the registered design receives a certificate of registration of the design from the German Patent 
and Trademark Office, unless he has expressly waived it.  
§ 18 Divis ion of a collective entry  
(1) Section 12(1), (2) and (4) shall apply mutatis mutandis to the division of a collective entry.  
(2) If an application for registration of a transfer pursuant to Section 28 of the DPMA Regulation concerns only part 
of the designs regist ered on the basis of a single application, the respective design numbers shall be indicated in the 
application. The registered designs, which are covered by the transfer, are separated and continued in a division file.  
§ 19 Information on extension and maintena nce 
(1) When paying the fee to extend the protection to the term of protection pursuant to Section 27(2) of the Design 
Act (Section 21(2) sentence 1 of the Design Act), indicate:  
1. the reference number of the registration,  
2. the purpose of the payment; and  
3. the name of the rightholder pursuant to Section 6(1).  
(2) If the extension of the protection is to be effected only for individual registered designs within a collective 
registration, an application shall be submitted containing the following information:  
1. the reference number of the registration,  
2. the name of the rightholder referred to in Section 6(1); and  
3. the number of registered designs whose protection is to be extended.  
(3) If the rightholder requests the publication of the communication (Section 21(3) of the D esign Act) before the 
expiry of the period referred to in Section 21(1) sentence 1 of the Design Act, the application shall specify:  
1. the reference number of the registration,  
2. the name of the rightholder referred to in Section 6(1); and  
3. the date on which th e announcement is to be made.  
(4) When paying the maintenance fee, paragraphs 1 and 2 shall apply mutatis mutandis.  
§ 20 Waiver of the registered design  
(1) The declaration on the waiver of the registered design pursuant to Section 36 (1) sentence 1 number 2 and 
paragraph 2 of the Design Act shall state:  A service of the Federal Ministry of Justice and the Federal Office for  
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 1. the number of the registered design that is omitted; and  
2. the name and address of the rightholder referred to in Section 6(1).  
(2) If a registered design is partially waived, a representation of the modified design in accordance with § 7, in the 
case of Section 11(2) sentence 2 of the Design Act of the amended area design section pursuant to § 8, must be 
submitted with the declaration. The partial waiver should not contain more than 100 words. It is entered in the desig n 
register and made known with the reproduction of the modified design. In the case of collective registrations, a 
separate partial waiver must be made for each registered design, which is partially waived.  
(3) For the consent of a holder of a right to the reg istered design registered in the Design Register pursuant to 
Section 36 (1) sentence 1 number 2 of the Design Act, the submission of a declaration of consent signed by that 
person or his representative is sufficient. Certification of the declaration or sig nature is not required.  
Section 4  
Procedure for establishing or declaring invalidity  
§ 21 Submission  
(1) The form issued by the German Patent and Trademark Office shall be used for the application for a declaration 
of invalidity of a registered design (Section 34a( 1) of the Design Act).  
(2) The application shall specify:  
1. the registered design number,  
2. the name and address of the applicant;  
3. the ground for invalidity pursuant to Section 33(1) or (2) of the Design Act,  
4. the facts and evidence used for the purpose of substantiating;  
5. in the case of an application for partial invalidity (Section 35(1) of the Design Act), the scope of the application 
for annulment.  
(3) An application may be based on several grounds for invalidity referred to in Section 33(1) or (2) of the Design 
Act. The application may include information on the subject -matter value if it is to be determined in accordance with 
Section 34a(6) of the Design Act.  
§ 22 Procedural principles  
(1) The German Patent and Trade Mark Office may combine invalidity proceedings pending before it for joint 
treatment and decision. It may suspend invalidity proceedings if this is relevant. A suspension may be considered, in 
particular, if it considers the same registered design to be invalid in another procedure. The German Patent a nd 
Trade Mark Office may repeal an order issued by it concerning the combination of several proceedings or the 
suspension of proceedings.  
(2) The German Patent and Trade Mark Office draws the parties’ attention to factors that are likely to be of 
particular im portance for the decision or which are useful in concentrating the proceedings on the issues which are 
essential for the decision. This notice shall be made as soon as possible, in the case of a hearing pursuant to 
Section 34a(3) sentence 2 of the Design A ct, at the latest with the summons for consultation. There is no need to 
provide guidance if, according to the arguments put forward by the parties, the elements to be discussed appear 
obvious.  
(3) The German Patent and Trade Mark Office shall endeavour to ens ure that the parties explain themselves in 
good time and in full about all significant facts, in particular to supplement insufficient information on facts and 
evidence and to submit relevant requests. The German Patent and Trade Mark Office may take into account facts 
and evidence that have otherwise become known to it or which are taken into account in the public interest if it has 
indicated this and granted the parties a reasonable period of time to submit observations.  
(4) (disappeared)  
Footnote  
(+++ § 22: For application, see § 27(2) +++)  A service of the Federal Ministry of Justice and the Federal Office for  
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 Section 5  
International registrations  
§ 23 Opinion on refusal of protection in the case of international registrations  
The holder of an international registration pursuant to Section 66 of the Design Act may submit observations  to the 
German Patent and Trademark Office on the notification of refusal of protection (Section 69(2) of the Design Act) 
within a period of four months from the date on which the International Bureau of the World Intellectual Property 
Organisation sends t he notification.  
§ 24 Rewriting of international registrations  
At the request of the new owner of the registered design, the German Patent and Trade Mark Office confirms the 
registration of the change of proprietor under Rule 21(1)(b)(ii) of the Common Implemen ting Regulations to the 
versions of the Hague Convention of 1999, 1960 and 1934 (Federal Law Gazette 2008 II, p.  1341, 1342) for the 
conversion of the international registration, provided that the new owner proves the succession. Section 28(3) of the 
DPMA Regulation shall apply mutatis mutandis to proof of transfer.  
§ 25 Subsequent deprivation of protection  
§§ 21 and 22 shall apply mutatis mutandis to the application for a declaration that an international registration is 
invalid for the territory of the Federal Republic of Germany (Section 70(1) sentence 1 of the Design Act).  
Section 6  
Final provisions  
§ 26 Retention of reproduction of the registered design  
The German Patent and Trade Mark Office retains the reproduction of the registered design (§ 7) permanen tly even 
after the cancellation of the registration in the design register.  
§ 27 Transitional arrangements  
(1) Section 4(2) shall not apply to reproductions received until 9 January 2014.  
(2) Section 22 shall apply to all applications for the declaration or declaration  of invalidity of a registered design 
received by the German Patent and Trademark Office from 1 January 2014.  