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New designs act in force

01-04-2014

Jens Künzel

On January 1, 2014, a new Designs Act (Designgesetz—DesignG) came into force in Germany.

It replaced the previous Aesthetic Models Act (Geschmacksmustergesetz) and contains some innovations.

The most striking novelty is that the name of an old IP right has been replaced by a new official denomination, Registered Design. The old name—Aesthetic Model (Geschmacksmuster)—was no longer in line with what has long been common usage in the German legal community. The change of name to Registered Design is most welcome; it has not altered the right itself.

The Community Design is still officially called the Community Aesthetic Model (Gemeinschaftsgeschmacksmuster), even in Sections 62 to 65 of the new Designs Act, although in practice—most obviously if English is used as a language for foreign clients—Community Design remains the preferred term. It would make sense to change the official term in the German language too, in line with the new German term for the national design right.


DPMA, trademarks, design infringement,

WIPR

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