Registration

(1) Where the application satisfies the requirements of sections 4, 4a and 4b, the German Patent and Trade Mark Office shall order registration in the register of utility models. No examination of the subject matter of the application as to novelty, inventive step and industrial applicability takes place. Section 49(2) of the Patent Act applies accordingly.
(2) The registration must state the name and domicile of the applicant and of any representative and authorised recipient appointed under section 28, as well as the time of filing.
(3) The registrations are to be published in the Patent Gazette in regularly appearing overviews. Publication may be made in electronic form. For the purposes of further processing or use for utility model information purposes, the German Patent and Trade Mark Office may transmit particulars from the Patent Gazette to third parties in electronic form. Transmission does not take place insofar as inspection under paragraph 7 is excluded.
(4) The German Patent and Trade Mark Office shall record in the register a change in the person of the holder of the utility model, of the holder's representative or of the authorised recipient, where it is proven to the Office. For as long as the change is not registered, the former right holder and the former representative or authorised recipient remain entitled and obliged in accordance with this Act.
(5) Inspection of the register and of the files of registered utility models, including the files of cancellation proceedings, is open to anyone. In addition, the German Patent and Trade Mark Office shall, on request, grant anyone inspection of the files, where and insofar as a legitimate interest is credibly shown.
(6) Insofar as inspection of the register and the files under paragraph 5, first sentence is open to anyone, inspection may, where the register and the files are kept electronically, also be granted via the internet.
(7) Inspection under paragraphs 5 and 6 is excluded insofar as
1. a legal provision precludes it,
2. the interest of the data subject, within the meaning of Article 4(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1; L 314, 22.11.2016, p. 72; L 127, 23.5.2018, p. 2), as amended from time to time, worthy of protection manifestly prevails, or
3. the files contain particulars or drawings that manifestly contravene public policy or morality.
(8) Insofar as personal data are contained in the register or in publicly accessible electronic information services of the German Patent and Trade Mark Office, the following do not exist:
1. the right to information under Article 15(1)(c) of Regulation (EU) 2016/679,
2. the duty to notify under Article 19, second sentence of Regulation (EU) 2016/679, and
3. the right to object under Article 21(1) of Regulation (EU) 2016/679. The right to obtain a copy under Article 15(3) of Regulation (EU) 2016/679 is satisfied by the data subject being able to inspect the register or the publicly accessible electronic information services of the German Patent and Trade Mark Office.