New design law in force: Design law is extended by nullity and design applications can be combined irrespective of class
From 1. January 2014 is the “Designs” – accordance with the international practice – as “Registered Design” referred; the Design Act is now “Design law”. There are additional changes made by the Act on the Modernisation of the design right and amending the rules on the protection of notices at the exhibition 10. October 2013 (Gazette. I 2013, No.. 62, S. 3799) entered into force, simplify the design process. “With the new designation “Design” we take account of the contemporary language use in professional circles invoice”, explains Cornelia Rudloff-SchĂ€ffer, President of the German Patent- and Trademark Office (DPMA). “The object of the property right is understandable, as are encompassed shape and design of the product.”
Has now been introduced for a declaration of invalidity of registered designs at the DPMA. At the request of the design department in Jena can explain an entry annulled. The application can be based both on absolute and relative grounds for invalidity on. In the civil process can from the nullity 1. January 2014 be asserted only by filing of a counterclaim in the design courts of countries. “The cancellation proceedings at the DPMA has been proven in trade marks and designs”, explains Rudloff-SchĂ€ffer and supplemented: “It is therefore consistent, to establish it for registered designs. We strive for a rapid and cost-effective revocation proceedings at the DPMA.”
More relief relating to the application. Several designs will be able to be combined in a multiple application, even if they belong to different classes of goods. Simple, access to current announcements is to issue protective. These are no longer in the Federal Law Gazette, but published in the electronic Federal Gazette.