Latest Changes in Austrian Design Protection

The Austrian Design Law has been amended with effect from August 27, 2003 to transform the Directive 98/71/EC into the Law.

One of the most significant changes is the introduction of a 12-month grace period, which means that one's own publication of the design does not destroy novelty if it has occurred within 12 months before the application (priority) date. Therefore, a valid registration is now possible notwithstanding prior publication.

The definition of which products are protectable as designs, has been amended to encompass also parts of products and furthermore such parts, which can be connected to form a complex product, and also packaging, get ups, graphical symbols, and typographical signs. A computer program as such is as before not protectable as design, however, screen graphics are.

Spare parts of any kind can be protected as designs as before as long as there is no EC-wide harmonized rule for it.

Functional features are now clearly excluded as a basis for design protection, as are features, which are invisible to the consumer during normal use.

The term of protection is as before 5 years from the application date, but a prolongation is possible for further four terms of 5 years each, i.e. for up to 25 years in toto. Such prolongations are also available for still existing designs.

Finally, also in Austria non-registered designs according to the EC-Regulation relating to Community Designs are protected for 3 years from their first publication within the EC.