The federal government has adopted a draft law to modernise its design protection regime. On Wednesday the Federal Ministry of Justice announced that the current rules for design rights should be brought up to date with contemporary technology. The objective is to make design‑protection procedures more efficient and user‑friendly, to explicitly recognise new types of designs, and to ease their registration.
Key provisions of the draft include:
” “Digital and dynamic designs” – The law will extend the scope of the design act to cover digital, dynamic, and animated designs.
” “3D‑printing restrictions” – Preparatory activities that facilitate the creation of infringing 3D‑printed designs will be prohibited.
” “Customs‑related piracy protection” – Measures are introduced to strengthen protection against product piracy at German borders.
” “Designer‑issued symbols” – Design owners will be able to mark their works with an individual symbol of their choice.
” “Repair‑clause adjustment” – The clause governing spare‑part replacement will be revised to liberalise the spare‑parts market on an EU level.
” “Simplification for the German Patent and Trade‑Mark Office (DPMA)” – Unused procedures will be removed to reduce bureaucratic burden.
” “EU directive convergence” – The draft will implement the European design directive into German law on a field‑for‑field basis.
Together, these changes aim to align German design law with modern technological realities while ensuring a streamlined, practical framework for designers and the marketplace.