What is design protection?
The previous German act relating to designs (Geschmacksmustergesetz) was recently replaced by a modern Designs Act (Designgesetz). According to the German Designs Act, a design is the two- or three-dimensional form of appearance of an entire product or of a specific part (design protection). Designs which meet the requirements of novelty and individual character when the application is filed are eligible for protection. Design protection commences upon the design being registered.
Design models also for technical products?
Design protection is not only of use for artistic designs. It can also be recommended whenever design aspects play a role in the appearance of a product alongside technical aspects. The possibilities offered by design protection are therefore much more extensive than is frequently assumed. It is in parallel with patent or utility model protection that design protection can be a factor that makes a particular contribution to success, especially because it is often easier and more cost-effective to enforce than technical property rights, i.e. patents and utility models.
We have experience in design protection – both in relation to purely artistic designs and in relation to designs in the context of technical products. Especially in the last mentioned area in particular, there is a great deal of potential for the use of design protection, which has to this day not been deployed as fully as it could have been. We are happy to assist you in highlighting and enabling optimum use of the possibilities which this property right offers your business.
Your contact partners
Justus Kreuels
Philipp Henrichs
Hermann Kahlhöfer
Björn Ebling
Raphael Sander