(1) Rights conferred by a registered design cannot be exercised in respect of acts which concern the use of a component part for the repair of a complex product with a view to restoring its original appearance if these acts could not be prevented under the Design Act (Geschmacksmustergesetz), as consolidated and published in the Federal Law Gazette III, Index No. 442-1, in the version applicable until midnight on 31 May 2004.
(2) Section 40a does not apply to existing rights conferred by a registered design for which an application was filed before 2 December 2020.
(3) Section 31 (5) applies to existing licences for the right conferred by the application for or registration of a registered design which was granted before 1 June 2004 only if that right was transferred as of 1 June 2004 or the licence was granted as of that date.
(4) Rights to the citation of the designer under section 10 may be asserted only for registered designs for which an application was filed as of 1 June 2004.
(5) In respect of the protective effect of variations of basic designs in accordance with section 8a of the Design Act (Geschmacksmustergesetz), as applicable until midnight on 31 May 2004, 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 until midnight on 31 May 2004, apply. Section 28 (2) applies to the renewal of variations of a basic design, with the proviso that the basic designs are considered first.