INTELLECTUAL PROPERTY RIGHTS IN GERMANY
First Renewal Term
Subsequent Renewal Term
Trademark Act of October 25, 1994 and the Trademark Decree of May 11, 2004 are the primary laws governing the mechanism of trademark registration and protection in Germany.
For getting a trademark registered in Germany, an application has to be filed with the Trademark Department of the German Patent and Trademark Office.
It follows a 'first-to-file,' which means that trademark registration is mandatory for protection.
Germany follows the 11th edition of Nice Classification. Multi-class trademark applications are possible.
The third parties can file opposition actions against a trademark application within three (03) months from the publication date of the registration.
In Germany, registered trademarks have a validity of ten (10) years from the date of application and ends on the last day of the month during which the trademark application has been filed. The registration can be renewed indefinitely for successive periods of ten (10) years each.
The grace period to renew a trademark after the date of expiry is six (06) months.
The term for cancellation of a registered trademark based on non-use is five (05) years from the date of registration.
Germany is a member of the Paris Convention for the Protection of Industrial Property, the European Patent Organization, and the Patent Cooperation Treaty (PCT).
The Patents Act, 1970 (as amended up to October 2017) - deals with the mechanism of patent protection in Germany.
For seeking patent protection in Germany, an application has to be filed with the German Patent and Trademark Office (DPMA), which administers the entire process of patent grant.
In Germany, an invention that satisfies the conditions of novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
In Germany, a pre-grant opposition cannot be filed against a patent application.
Patents in Germany are in force for twenty (20) years from the filing date.
Annual fees are due each year starting from the third year and have to be paid before the expiry of the last day of the month in which the anniversary of the filing date occurs. If the fee is not paid before the expiry of the second month from the due date, it may be paid together with a surcharge of EUR 50 before the expiry of the sixth month from the due date.
The Design Act, 2014 - governs and deals with the mechanism of registration of industrial designs in Germany.
For getting an industrial design registered in Germany, an application has to be filed with the German Patent and Trademark, which administers the entire process of registration.
The types of industrial design applications that can be filed in Germany include Non-Convention Application and Convention Application.
Opposition against an industrial design application cannot be raised in Germany.
The total duration of industrial design registration in Germany is twenty-five (25) years from the date of application. The initial registration term is five (05) years, which is further extendible for four (04) terms of five (05) years each upon payment of the renewal fee.
The time frame for payment of the renewal fee before the due date is six (06) months.
There is a grace period of six (06) months for renewal.
Germany is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Act on Copyright and Neighbouring Rights of 9th September 1965, the Act on Copyright for Works of Fine Arts and Photography of 9th January 1907, and the Act on the Administration of Copyright and Related Rights by Collecting Societies of 24th May 2016 are the primary laws governing copyright protection in Germany.
In Germany, copyright comes into existence as soon as the work is created. There is no centralized copyright agency or office available in Germany where works can be registered.
The term of copyright protection in Germany is the life of the author and another seventy (70) years after his or her death.
If the copyright is shared by several co-authors, it will expire seventy (70) years after the death of the longest surviving co-author.
With respect to cinematographic works, the term of copyright protection is the life and seventy (70) years after the death of the longest surviving of a group of authors consisting of the main director, the author of the film script, the author of the dialogue, and the composer of any music created for the film.
In the case of anonymous and pseudonymous works, the term of copyright protection generally ends seventy (70) years after publication, unless the author reveals his or her identity within this term or registers his or her true name with the register at the DPMA.