DESIGNS

Field of use:
The Design model is directed to protect aesthetic aspects. In general, the design of any product is protectable. The design model is a non-examined IP-right, whose validity has to be assessed before entering court proceedings.

conditions for protection:
A design shall be protected by a design model to the extent that it is new and has individual character. A design is new if no identical design has been made available to the public before the date of filing or the date of priority. A design has individual character if the overall impression it produces on the informed user differs from the overall impression produced on such a user by any design which has been made available to the public. Thereby, any disclosure in the last 12 months before filing made by the designer is not taken into account.

Protection in the European Community and other non-German countries:
Besides single, national Design applications, protection can be obtained by Community Designs in the European Community and the International Deposit of a national design according the Hague Agreement in selected states. The main difference between these rights can be seen in the Community Design being valid unitarily in all member states of the European Community whereas the International Deposit being a bundle of independent national designs.

Duration:
The protection period of a design extends for a period of five years from the application date. It can be extended in five years increments to a maximum period of 25 years.