Design Protection in the EU and international

Overview Registered designs only have legal effect in the country in which they are registered (territoriality principle). That means that designs registered at the German Patent and Trade Mark Office (DPMA) are protected in the Federal Republic of Germany only. If you need protection for your design outside Germany, the following two options are available […]

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Invalidity proceedings against registered designs

The Design Unit 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, it will be cancelled from the Design Register after […]

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Design application procedure in Germany

Design registration proceedings in Germany The DPMA first checks whether all indications and documents required for the application have been received. The details of the applicant, the representation of the design and the indication of products must be submitted. It is examined whether the application complies with the legal requirements, above all, whether the representation […]

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Design protection requirements under German law and under European law

Requirements for design protection – novelty and individual character Novelty The design must be new at the date of filing the application. No design that is identical or differing only in immaterial details must have been published, exhibited or otherwise used in trade, before the date of filing or the priority date. An exception to […]

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European and international protection of a design right

Registered designs only have legal effect in the country in which they are registered (territoriality principle). Designs registered at the German Patent and Trade Mark Office (DPMA) are protected in the Federal Republic of Germany only. If you need protection for your design outside Germany the following options are available to you: an application for […]

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