Design law / Design patents law

Two- or three-dimensional creations can be protected as registered designs or registered design patents. At an international level, this is also referred to as design law, which correctly also includes design copyright. In Germany, it is often referred to as ‘small copyright’.

As far as the territory of protection is concerned, you can choose between a German design, an EU-wide Community design or an international design application.

We will advise you in detail on the requirements for your design application: Novelty (whereby a grace period exists) and individual character.

We are also at your disposal in invalidity proceedings against a design.

Affected are, for example: Design services by fashion designers, advertising designers, industrial designers or the design of consumer goods. In contrast to copyright law, design law grants protection regardless of the level of creation. It is sufficient that the design is new and has a different overall impression.

The design registered in Germany grants protection for 5 years and can be extended up to a maximum of 25 years.

At European level, there are two types of Community designs. The registered Community design is also valid for a period of 5 years (up to a maximum of 25 years) and grants protection throughout the European Union.
The so-called unregistered European Community design grants protection for a period of only 3 years throughout the European Union. Like copyright, it is granted without official registration. However, it must fulfil strict formal requirements, which must be proven in the event of a dispute.

Dinter, Kreißig & Partner advises and supports clients in the registration and enforcement of design rights, at national level before the German Patent and Trade Mark Office (DPMA), at European level before the EUIPO or at international level before the WIPO.