(1) In respect of registered designs for which an application was filed before 1 July 1988 in accordance with the Design Act (Geschmacksmustergesetz), as consolidated and published in the Federal Law Gazette III, Index No. 442-1, as last amended by Article 8 of the Act of 23 July 2002 (Federal Law Gazette I, p. 2850), the provisions applicable until that date continue to apply.
(2) In respect of registered designs for which an application was filed or which were registered before 28 October 2001, the provisions on the conditions for protectability applicable on that date continue to apply. Rights conferred by such registered designs cannot be exercised if they concern acts within the meaning of section 38 (1) which were commenced before 28 October 2001 and which the aggrieved party could not have prohibited before that date in accordance with the provisions of the Design Act (Geschmacksmustergesetz), as consolidated and published in the Federal Law Gazette III, Index No. 442-1, in the version applicable on that date.
(3) For registered designs for which an application was filed before 1 June 2004 but which were not yet registered on that date, the provisions of the Design Act (Geschmacksmustergesetz), as consolidated and published in the Federal Law Gazette III, Index No. 442-1, as applicable until midnight on 31 May 2004, apply to the protective effects up until registration.
(4) Article 229 section 6 of the Introductory Act to the Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuche) applies accordingly, with the proviso that section 14a (3) of the Design Act (Geschmacksmustergesetz), as consolidated and published in the Federal Law Gazette III, Index No. 442-1, as applicable until 1 January 2002, is equal to the provisions of the Civil Code on limitation in the version applicable until 1 January 2002.