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Section 40

Limitation of rights conferred by registered design

The rights conferred by a registered design cannot be exercised in respect of

1.  acts done privately and for non-commercial purposes;

2.  acts done for experimental purposes;

3.  acts of reproduction for the purposes of making citations or of teaching, provided that such acts of reproduction are compatible with fair trade practice and do not unduly prejudice the normal exploitation of the registered design, and that mention is made of the source;

4.  the equipment on ships and aircraft which are registered in another country and enter Germany only temporarily;

5.  the import of spare parts and accessories for the purpose of repairing and the execution of repairs on ships and aircraft within the meaning of no. 4.

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