The “New” German Design Act

With effect from 1 January 2014, the former German Design Patent Act was abolished and renamed as the new German Design Act. A key change is the introduction of a new invalidity procedure, modelled on the cancellation procedure under the German Trade Mark Act (Section 53 MarkenG).

The former Design Patent Act did not provide for such a procedure. Manufacturers or traders could challenge a registered design only through court proceedings before the regional courts (Section 33(2) Design Patent Act). This involved a considerable cost risk, both because legal representation before regional courts was mandatory and because, in the event of defeat, the losing party had to bear not only court costs but also the costs of the opposing party.
With the introduction of the new Section 34a of the German Design Act, it is now sufficient to submit a reasoned written application to the German Patent and Trade Mark Office. The costs remain manageable and are now determined in accordance with the Patent Costs Act and the German Lawyers’ Remuneration Act (Section 34a(6) Design Act).

One of the conclusions to be drawn from the new German Design Act is that parties affected by a registered design now finally have a simpler and significantly more cost-effective alternative for seeking the cancellation of a registered design.