Modellenrecht

Modellenrecht, or design rights, is a form of intellectual property that protects the external appearance of a product resulting from its lines, contours, colors, shape, texture, or ornamentation. It protects how a product looks, not how it works, and applies to both two- and three-dimensional aspects.

Protection can be obtained by registration (registered design) or automatically for an unregistered design. Registered designs are granted by a national IP office or through the EU design system; they provide stronger, longer protection, typically up to 25 years with renewals every five years. Unregistered designs in the EU arise from initial disclosure and last up to three years, offering shorter protection against exact copying.

To be protected as a registered design, the design must be new or have individual character and the appearance must be visible in the finished product. Unregistered design protection generally relies on the same appearance but without the formal filing. Functional features or elements dictated by technical function are not protected by modellenrecht, and common shapes dictated by manufacturing constraints may be excluded.

Infringement occurs when a third party produces or markets a product that reproduces the protected appearance in a way that creates a similar overall impression. Remedies include civil actions, injunctions, and damages; enforcement can involve national courts and customs authorities to block imports.

Modellenrecht is distinct from copyright, which protects artistic or literary works; from patents, which protect technical inventions; and from trademarks, which protect brand identifiers. In practice, designers and manufacturers use design rights to secure exclusive rights to product appearances and to support licensing and brand protection.