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German design law
date: 2004-03-12

Chapter 1 Condition of protection


The first 1 article definition


In this law,


1, "Appearance design" Refers to a complete product or a part of the plane or three-dimensional appearance form, The appearance is particularly through the lines of the product itself or its decorative pieces, contour, color, structure, A characteristic representation of a surface structure or material;   


2. "product" Include any industrial or handmade products, Package included, decoration, Graphic logo, The printing of words and parts to be fitted into a complex product; Computer programs are not considered products.   


3. "Complex product" It is composed of multiple replaceable parts, A product that can be disassembled and reassembled.   


4. "Specific use" It refers to the use of end users, Excluding maintenance, Service or maintenance.   


5. The owner of the design registered in the register is deemed to be the owner of the right.


The first 2 article Design protection


(1) Only novel, Original appearance design, Is protected by this Law.


(2) No identical design has been disclosed before the registration date, The exterior design is novel. Having only minor differences in character, As the same appearance design.


(3) If an informed user's general impression of other designs made public prior to the application date, Different from the overall impression of the design, The exterior design is original. In judging originality, Consideration should be given to the degree of creative freedom the designer has in making this design.



The first 3 article The condition of not giving design protection


(1) The following situation, No design protection is given:

1. The physical characteristics of a product defined only by the technical characteristics of the product, ;

2. The physical characteristics of the product, It must be replicated in its defined shape and dimension, To ensure that products containing or using the design can be mechanically connected, Put in, Next to or around another product, And enable each product to perform its functions;

3. Designs contrary to public order or good customs;

4. Constitutes a response to the Paris Convention No 6 A list of identifiers, Or other signs of public interest, badge, Or the misuse of symbols.


(2) The first (1) paragraph 2 Physical features in the term, If it serves the combination and connection of interchangeable products within a model system, Design protection shall not be excluded.

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