Law
to Revise the Rules onCosts
in the Field of Intellectua.l Property
of13 December 2001
. The Bundestag [Federal Parliament] has passed the following Law:
Articles 1 to 6 ...
Article 7
Amendment of the Patent Law
(420-1)
The Patent Law in the version published on 16 December 1980 (Federal. Law. Gazette ·1981 I p. 1), last amended by Article 5 paragraph 206f the Law of 26 November 2001 (Federal Law Gazette I p. 3138), shall be amended as follows:
1. The wording "Part XII: Transitional Provisions Section 147" shall be added to the Table of Contents.
2.
3. Section 16a shall be amended as follows: a) In subsection (1),second sentence, the words "in accordance with the schedul.e of fees" shall be deleted. b) In subsection (2), ·the word:;; "(Sections 17 (2) to (6), 18 and 19)" shall be replaced by the words "(Section 17(2)".
. 4.· Section 17 shall be amended as follows: a) In subseGtion (1), the words "as prescribedin the schedule of fees" shalL be 'deleted. b) Subsections (3) to(6) shall be repealed.
5. Section 18 shall be repealed.
6.. Section 19 shall berepealed.
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2
a) _Subsection-(1) shall be worded as follows:
"(1) If the applicant for a pat~rit or the person recorded as patentee in the Register (Section 30 (1)) declares to the Patent Office in writing that he is prepared to alfow anyone to use the invention in fE?turn for reasonable compensation, the annual fees falling due after receipt of the declaration shall be reduced to one half. The effect of a declaration made in respect of a main patent shall extend to all itspatents of addition. The declaration shall be recorded in the Register and published in the Patent Gazette."
b) In subsection (2), the words "in the Register of Patents" shall be replaced by the words "in the Register".
c)' . Subsection (3), second sentence,-shall be worded as follows:
"Notification shall bE? deemed to have been effected if it is has been dispatched by registered mail to the person recorded iri the Register as ~atentee or to his registered representative or to the person-authorized by him to receive service of docL1ments (Section 25)."
d) _Subsection (4) shall be,worded as follows:
. .
"(4) The compensation shall be assessed by the Patent Division at the written request of a party. Sections 46, 47 and 62, shall apply mutatis mutandis to the
. proceedings. The· request may be directed aga\nst more than one party. In assessing the compensation, the Patent Office may order that the costs of assessment proceedings be reimbursed in whole Or: in part by the opponent ofthe .
. request."
e) Subsection (5) shaU be amended as follows:.
. .. .
aa) The second sentence shall be repealed.
-bb) The words "the first to fourth sentences of' shall be deleted from the third sentence.
f) Subsection (7), fourth sentence, shall be worded as follows:
"If the differential amount is not paid within the period provided for in the third sentence, it may be paid before expiry of a further period oUour months along with a late surcharge."
9. Section 25 shall be worded as follows:
(
"Section 25
at-laW or patent attorney has been appointed in the Federal Republic of Germany as the person authorized to receive service of documents...
(3) The place where the 'representative appointed pursuant to subsection (1) has his business premises shall be deemed, within the meaning of Section 23 of the Code of Civil Procedure, to be the place where the assets are located; ifthere are no business premises, then the place where the representative has his domicile in the Federal
. Republic of Germany shall be relevant and, in the absence ther~of, the place where the Patent Office has its seat.
(4) The legal termination of the appointment of a representative under subsection (1) shall not become effective until the Patent Office or the Patent Court has been notified of both the termination of this appointment and the appointment of another representative."
10. In Section 27 (5), second sentence, the· words "the President of the Patent Office" shalf be replaced by the words "the German Patent and Trade Mark Office".
. 11. Section 28 shall be amended as follows:
/
a) The subsection reference "(1)" shall be deleted.
b) . Subsection (2) shall be repealed.
. 12. Section 29 (3) shall be worded as follows:
. . .
"(3) The Federal Ministry for Justice may, in order to make the documentation of the Patent Office available to the public, prescribe. by statutory orqer that the Office will provide information on the state of the art, without guarantee that the information is complete, without requiring the approval of the Federal Council. In this regard, it shall be authorized to determine the manner in which the information shall be given, the volume of information and the technical fields involved. The Federal Ministry for Justice may delegate such authority to the Patent and Trade Mark Office without requiring the approval of the Federal Council."
13. Section 30 shall be amended as follows:
a)· Subsection (1), first sentence, shall be worded as follows:
"The Patent Office shall maintain a Register in which shall be recorded the titles of patent applications, the files of which may be inspected by any person, and of granted patents and supplementary certificates of protection (Section 16a) as well as the names and addresses of applicants or of patentees and their representatives and persons authorized to receive·service of documents appointed pursuant to Secti9n 25, . if any, whereby an entry relating to a representative or person authorized to receive service of documents -shall suffice."
. b)
c) Subsection (3) shall be worded as follows:
"(3) The Patent Office shall record in the Registe~ a change in the identity of the person, . in the name or in the address of the applicant or the patentee or his representative or person authorized by him to receive service of documents, if proof thereof is "furnished to it. Until such time as the change .has been recorded, the former applicant, patentee, representative or person authorized to receive service
. shall continue to have the rights and obligations as provided u·nder this Law."
d)
.e) Subsection (5) shall be repealed.
14.
a) Subsection (6) shall be repealed.
b) In subsection (7)" second sentence, and subsection (9); second sentence, the words "the President of the Patent Office"shall be replaced by the words "the German Patent and Trade Mark Office" in each instance.
c) The previous subsections (7) to (9) shall become subsections (6) to (8).
. . .
c) Subsection (4), third sentence, shall be worded as follows:· "The fee paid under Section 43 for the search as prescribed in the Patent Costs Law shall be refunded."
20. Section 44 shall be amended as follows: a) Subsection (3) shall be "repealed. b) In subsection (4), second sentence, the words "Section 43 (2), second, third and
" fifth s~ntences" shall be replaced by the words "Section 43 (2), second to fourth sentences". c) The previous subsections (4) and (5) shall become subsections (3) and (4).
21. In Section 47 (2): the part of the sentence ", if any," shall be deleted." "22. Section 49a shall be amended as follows: a) " Subsection (3), first sentence, shall be worded as follows:
"Section 34 (6) shall apply."
b) Subsectio~ (4) shall be repealed.
" 26. The following" sentence shall be added to the end of Section 62 (1):
"The Patent Division may order that the opposition fee as prescribed in the Patent Costs Law be refunded in whole or in part if and to the extent that this is equitable". "
27. Section 63 shall be amended as follows:
a)
b) Subsection (4) shall "be amended as follows:
aa) In the first sentence, the words "The Federal Minister for "Justice" shall be replaced by the words "The Federal Ministry for Justice". "
bb) In the second sentence, the word "He" shall "be replaced by the word "It" and the words "the President of the Patent Office" shall be replaced by the words "the Patent and Trade Mark Officen
•
. c) In the new sl.1bsection (3), seoond sentence, the wOrds "under the Patent Costs . Law" shall ·be inserted after the word "appeal feej ,.
, .
d) In the new subsectiQn (4), the words "subsection (4)" shall be replaced by the words , "subsection (3)".
31. In Section 80 (3) the words "(Section 73 (3))" shall be replaced by the words "under the Patent Costs Law" .
. 32. Section 81 shall be amended as follows:
a)
. b) Subsection (6) shall be repealed.
c) . The previous SUbsection (7) shall become subsection (6).
a) The following second sentence shall be inserted i'nto sLibsection (1):
"On request by the applicant or the patentee, legal aid may also be granted for the . annual fees pursuant to-Section 17 (1}."
. b) In subsection(4)~ the words "or the patentee" shall be inserted after the words "applicant for the patent".
c) Subsection (5) sh~II be worded as follows:
"(5) On request, as many annual fees shall be included in the legal aid as are necessary to avoid a limitation opposing a grant of legal aid under Section 115 (3) of the Code of Civil Procedure. The installments paid shall be set off against the annual fees only when the costs of the patent granting procedure, including costs possibiy arising for an appointed representative, are covered by the payment of the installments. To the .extent that the annual fees shall be considered paid by the payment of the installments, SectionS (2) of the Patent Costs Law shall apply
mutatis mutandis."
"(2) For deferment of patent annLlal fees or maintenance fees granted up to 31 December 2001 pursuant to thf? version of Section 18 applicable until this date, . the provisions heretofore in force shail remain applicable,
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(3) In derogation of Section 61 (1), first sentence, the Chamber-of Appeal of the Patent Court shall decide on an opposition under section 59, if .
Sections 59 to 62, with the exception of Section 61 (1), first sentence, shall apply mutatis mutandis for opposition proceedings befoTe the Chamber of Appeal of the Patent Court. The Chamber of Appeal shall decide in the composition of ,one technical member as presiding judge; two further technical members and one legal member. An appeal on a poin.t of law from _deCisions of the Chambers of Appeal shall lie to the Federal Court, of Justice pursuant to Section 100."
Article 8'
Amendment of the Utility Model Law
(421-1 )
The Utility Model Law in the version' published or} 28 August 1986 (Federal Law Gazette I p. 1455), last amended by Article 5parag-raph 21 of the Law of 26 November 2001 , (Federal Law Gazette I p. 3138), shall be amended asfoliows:
'i. Section 4 shall be amended as follows:
a) In subsection (4), second sentence, the words "the President of the Patent Office" shall be replaced by the words "the German Patent arid Trade Mark Office".
, '
. b) Subsection (5) shall be repealed. c) The previous subsections (6) to (8) shall become subsections (5) to (7). d) In the new subsection (7), second sentence, tlie words "the President of the Patent Office" shall be replac.ed by the words "the German Patent and Trade Mark Office".
"(2) The registration shall contain the name and address of the applicant as well as of any repre'sentative and any person authorized by him fo rece.ive service of 'documents appointed in' accordan.ce with Section 28, fogether with the' date of filing of the application."
c) The following second sentence shall be added at the end of subsection (3):
"Publication may take electronic form."
d) Subsection (4) shall be worded as follows:
"(4) The Patent Office s~all record in the Register a change in the identity of the proprietor of the utility model or of his representative or person authorized by him to receive service of documents, if proof thereof is furnished to it. Until such ti.me 'as the change has been recorded, t~e former proprietor and his former rep'resentative or person authorized to receive service shall continue to have' the. rights' and obligations as provided under this Law."
e)
4.
5.' In Section 10 (2), second sentence, the words "the President of the Patent Office" shall be replaced by the words "the German Patent and Trade 'Mark Office" . . 6. Section 16 shall be amended as follows: .a) The third sentence shall be repealed. b) In the previous fourth sentence, the words "Section 81 (7)" shall be replaced by the w()rds "Secti.on 81 (6)". 7.' Section 18 shall be amended as follows: a) . Subsection·(2) shall be repealed. b) The previous subsections (3) to (5) shall become SUbseCtions (2) to (4). c) In the new subsection (3), the following sentence shall be inserted after the second sentence: "The second sentence shaH apply mutatis mutandis to appeals from decisions on requests for the grant of legal aid."·
8. Section 23 shall be worded as follows:
"Section 23
""I
tenth years, calculated from the day of application. The maintenance shall be recorded
in the Register. | ||||
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(3) The utility model shall lapse if | ||||
1. the pets'on registered as proprietor waives the utility model by declaration to the Patent Office, or . | means | of written | ||
2.. the maintenance fee is' not paid in good time Section 14 (2) and (5) of the Patent Costs Law)." | (Section 7 (1), | Section | 13 (3) | or |
9. InSection 27 (5), the words "up to the amount of a full fee" shall be deleted .
. 10. Section 28 shall be worded as follows~
"Section 28
.(1) A person who has neither domicile, seat nor establishment in the Federal Republic of Germany may·take part in proceedings 'under this Law before the Patent Office or the Patent Court arid assert rights deriving from a utility model only if he has appointed as his representative 'apatent attorney or an attorney-at-law in the Federal . Republic of Germal)y who is authorized to· represent him in Patent Office and Patent. Court proceedings and in civil litigation in respect of the util.ity model as well as to file requests for the institution of criminal proceedings.
(2) Citizens of a Member State of the European Union or of another Contracting Party. to the Agreement on the European Economic Area can be appointed as a representative within the meaning of subsection (1 ) for the purpose of provision of a
. .
service within the meaning of the Treaty establishirig the European Community if they are entitled to practice their professional activity under one of the professional titles referred to .in tlie Annex to Sedion 1 of the Law on Professional.Practice by European . Attorneys-at..,Law in' Germany of 9 March 2000. (Federal Law Gazette I p. 182) or to Section 1 of the Law on the Examination of Aptitude for Admission to Practice as a Patent Attorney of 6 July 1990 (Federal Law .Gazette I p. 134~, 1351) in the respective . version in force. In this case, proceedings may, however, only be pursued if an attorneyat-law or patent attorney in the Federal Republic of Germanyhas been appointedas the person authorized to receive service of documents.
11. Section 29 shall be amended as follows: .
a) The SUbsection reference "(1)" shall be deleted.
b) Subsection (2) shall be repealed.
Article 9
Amendment of the Trade Mark Law
(423-5-2)
The Trade Mark Law of 25 October 1994 (Federal Law Gazette .1 p. 3082, 1995 I p. 156; 1996 I p. 682), last amended by Article 5 paragraph 22 of th'e Law of 26 November 2001 (Federal Law Gazette I p. 3138), shall be amended as follows:
1. The Table of Contents shalll;Je amended as follows;, a) In Part:3 Chapter 4, the words "Sectiori 64aRules on Costs in Proceedings before the Patent Offic~" shall beinserted'following the words "Section 64 Objection"~
b) In Part 5 Chapter 3, the following words shall be inserted following the words "Section 125h Insolvency Proceedings":, "Section 125i Issue of an Order for Enforcement".
c) In Part 8 Chapfer 1, the following words shall be inserted following the words "Section 143 Punishable Infringement of Signs": "S'ection 143a Punishable Infringement of a Community TradeMark".
"If the successor in title takes over 'proceedings under the first or second sentences, the consent of the other parties to the proceedings is not required."
4. Section 32 (4) shall be repealed . . 5. Section 36 shall be amended as follows: a) Subsection (1), No.3, shall be worded as follows: "3. the appropriate amount has been paid in fees, and". b) In subsection (2), first sentence, the words "not to have been filed" shall be replaced by the words "to have been withdrawn". c) Subsection (3) shall be worded as follows:
"(3) If, within a time period set by the Patent Office, there is a failure to pay any arrears or the appropriate amount of arrears of the required class fees, or if the applicant fails toindica.te which goods or services, are to be covered by the amount paid in fees, the leading class shall be taken into account first, followed by the other classes in the sequence of the subdivision of classe$. OtherWise, the application shall be' deemed to have been withdrawn."
proceedings" shall be inserted after the word "fee". 10.' Section 47 shall be amended as follows: a) Subsection '(1) shall be worded as follows:. "( 1) The period of protection of a registered trade mark shall commence on the day ef application (Section 33 (1)) and shall end ten years later on the last day of the
, .
month with the same name as that month in which the day of application falls." b) Subsection (3) shall be amended as follows: aa) In the first sentence, the words "as prescribed by the schedule of fees" shall be deleted. bb) The second to fourth sentences two shall be repealed. c) Subsection (4), second sentenc,e, shall be worded as follows: "If there is a failure to pay merely the required class fees, the period of protection shall, unless the first sentence applies, only be renewed for those classes which are covered by the payment of fees."
11. Section 54 shall be amended as follows: a) Subsection (2) shall be repealed. b) The previous subsection (3) shall become subsection {2}.
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c) Subsection (5) shall be repealed .
. d) The previous subsection (6) shall become subsection (5).
"
e) hi the new subsection (5) the words "under the Patent Costs Law" shall be inserted after the word "appeal feel! in the third sentence.
"In proceedings before the Patent Court, the Patent Costs Law shall apply mutatis mutandis with respect to the fees; the CoLirt Costs Law shall apply mutatis mutandis with respect to the expenses."
"Section 96
Domestic Representative
(1) A person who has neither domicile, seat nor establishment in the Federal Republic of Germany may take part in proceedings -under this Law before the Patent
" Office or the Patent Gourt and assert rights deriving from a trade mark only if he has appointed as his representative a patent attorney or an attorney-at-iEM in the Federal Republic of Germany who is authorized to represent him in Patent Office and Patent Court proceedings and in ciyil litigation in respect of this trade mark as well as to file requests for the institution of criminal proceedings.
(2) Citizens of a Member State of the European Union or of another Contracting Party to the Agreement on the European Economic Area can be appointed as a representative within the mea~ing of subsection (1) for the purpose of provision of a service within the meaning of the Treaty establishing the European Community if they are entitled to practice their professional activity under -one of the professional" titles referred to in the Annex to Section 1 of the Law on Professional Practice by Europe"an Attorneys-at-Law in Germany of 9 March 2000 (Federal Law Gazette r p: 182) or to Section 1 of the Law on the Examination of Aptitude for Admission to Practice as a Patent Attorney of6 July 1990 (Federal Law Gazette I p. 1349, 1351) in the respective
" version in force. In this Gase, proceedings may, however, only be pursued if an attorneyat-law OJ patent attorney in the Federal Republic of Germany has been appointed as the person authorized to receive service of documents;
-(3) The place where the representative" appointed pur~uant to subsection (1) has his business premises shall be deemed, within "the meaning of Section 23 of the Code of Civil Procedure, to be the place where the assets are located. If there are no business premises, then the place where the representative has his domicile _ in the Federal Republic of Germany shall be relevant and, in the absence thereof, the place where ttie Patent Office has its seat.
,I
(4)The legal termination of the appointment of a representative under subsection (1)
shall not become effective until the Patent Office or the Patent Court has been notified of , both the termination of this appointment and the appointment of another representative."
23. Section 109 shalrbe worded as follows: "Section ,109 Fees If the application for international registration is filed prior to the registration of the
mark in the Register, the national fee for the international registration procedure shall become due on the date of registration."
24. Section 111 shall be worded as follows: "Section 111 Subsequent Territorial Extension A request for subsequent territorial extension of the international' registration of a' mark may be filed under Article 3ter (2) of the Madrid Agreement wit~ the Patent Office," 25, Section 121 shall be worded as foliows: "Section 121 Fees If the international registration is to be effected under the Madrid Agreement and according fothe Protocol Relating to the Madrid Agreement on the basis of a registered mark, and if the application for international registration was filed prior to tre registration,
of the mark, the national fee under the Patent Costs Law for international registration ' shall become due on the date of registration." '
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28. Section ~ 25d (1) shall be worded as follows:
"(1) If a request for conversion of a filed or registered Comm~nity trade mark Ilas been transmitted to the Patent Office under Article 109 (3) of the Community Trade Mark Regulation, the fee and the class fees as specified in the Patent Costs Law for the conversion procedure sha}i become due on receipt of the request for conversion by the Patent Office."
a) In subsection (1), the words "within four months after publication in the Official Journal of the European Communities pursuant to Article 6 (2)·Of Regulation (EEC) No. 2081/92" shall be inserted after the words "with the Patent Office".
b) Subsection (2) shall be worded as follows:
"(2) Reinstatement in resp.ect of the time limit for filing an objection shall not be permissible. "
replaced by the words "referred to in subsection (1 )".
c) Subsection (7)shall be repealed.· .
35. The following Section 143a shall be inserted following Section 143:
"Section 143
Punishable
Infringement of a Community Trade Mark
(1) Any person who infringesthe rights of the proprietor of a Community trade mark
as laid down .in Article 9 (1), second sentence, of Council Regulation CEq No.' 40/94 of , 20 December 1993 ~m the Community trade mark (OJ 1994 No. L 11 p. 1) by, in the , course of trade and in spite of a prohibition and without the ,consent of the trade mark , proprietor,
shall be punished by imprisonment of up to three years or by a fine.
(2) Section 14~ (2) to (6) shalf apply mutatis mutandis."
"(4) In derogation of Section 64 (1), first sentence" and sUbsection (5), first sentence, an appeal can also be filed instead of an objection during the period from 1 January 2002 to 31 December 2004.
(5) In derogation of Section 66 (1), first and second sentences, and subsection (3), the following shall apply for the period from 1 January 2002 until 31 December 2004:
1. Parties to proceedings before the Pat~nt Office shall be entitled to file an appeal from the decisions of the Trade Mark Sections and Trade Mark Divisions.
, '
2. 'If one party has filed an objection and another party has filed an appeal from a decision of the Trade Mark Sections or Trade Mark Divisions in respect of which it is also possible to file an objection, the party who has filed the objection may also file an appeaL If the appeal of the party who has filed the objeCtion fails to file his appeal within a time-perio~ of one month after service of the appeal of the other party
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pursuant to Section 66 (4), second sentence,. his objection shall be deemed to have been withdrawn. No further appeal fee shall be payable for the appeal of the party who has filed the objection.
(6) Sections 64 and 66 . ih the version in force untii 1 January 2002 shall be. applicable to objections and appeals filed before 1 January 2002. For proceedings involving several' parties which become pending up to 31 December. 2004, the
. applicability of subsections (4) and (5) shall be determined according to the date the appeal is filed ..
(7) Section 96 fnthe version .in force until l' January 2002 shall be applicable to proceedings as referred to in Section 96 which became pending before 1 January 2002.'i
Articles 10 to 13 ...
Article 14
Amendment of the Semiconductor Protection Law
(426-1)
The Semiconductor Protection Law of 22 October 1987 (Federal Law Gazette I p. 2294),
last amended by Article 5 paragraph 23 of the Law of 26 Nbyember 2001 (Federal Law
Gaze"tte I p. 3138), shall be amended as follows:
a) In subseetion (3), second sentence, the words "the President of the Patent Office" shall be 'replaced by the words "the German Patent and Trade Mark Office".
b) Subsection (5) shall be worded as follows:
"(5) If the defects mentioned in SUbsection (4) have not been remedied within the time limit mentioned in SUbsection (4), the application shall be deemed to have been withdrawn."
3.
4. Section 8(4) shall be amended as follows:
a) The third sentence shall be repealed.
b) In the fourth sentence, the words "Section 81 (7)" shall be replaced by the words "Section 81 (6)".
Article 15
Amendment of the Law Against Unfair Competition
, (43-1)
In Section 6 (2), second sentence, of the Law Against Unfair Competition in the revised versio~ published in the Federal Law Gazette Part III, No. 43-1 "last am~nded by Articie 5 paragraph 24 of the' Law of 26 November 2001 (Federal Law Gazette I p. 3138), the words "OEM 10,000" shall bereplaced by the words "EU,R 5,000".
Article 16
Amendment of the Copyright Law
(440-1 )
The Copyright Law of 9 September 1965 (Federal Law Gazette I p. 1273), last amended by Article 5 paragraph 25 of the Law of 26 November 2001 (Federal Law Gazette I p. 3138)" shall be amended as follows:
1. In Section 26 (1), second sentence, the words "DEM 1 00" shall be replaced by the words "EUR 500".
2., In Section 66 (2), second sentence, the words "Register of Authors" shall be replaced by the words "Register of Anonymous and Pseudonymous Works".
3. Section 138 shall be amended as follows: a) The heading shall be replaced by "Register of Anonymous and Pseudonymous Works". b)' In subsection (1),first se~tence, the words',"Register of Authors" shall be replaced by the words "Register of Anonymous and Pseudonymous Works". c) Subsection (4) shallbeworded as follows: "(4) Any person may inspect the Register. Extracts from the Register shall' be issued on request." d) Subsection (5) shall be amended 'as follows: aa) In No.1, the words "the Register of Authors"shall be replaced by the words "the
Register".
bb) No.2, second sentence; shall be repealed.
4. The Annex to Section 54d shall be amended as follows:·· . "Annex.
(to Section 54d (1)) Rates of Remuneration
I. Remuneration under Article 54 (1)
The remuneration due to all owners of rights shall be . 1.
for each audio recording appliance ............................................. .
EUR 1.28
2.
for each audio recording appliance for whose operation
. separate mediums (item 5) are not required .............................. .
EUR 2.56
3.
for each video recording appliance with or without audio
recording ..... : ..................................................................... ; .. : ...... .
EUR 9.21
I
4.
for each video recording appliance for whose operation
. separate mediums (item 6) are not required ............................... .
EUR 18.42
5.
in respect of audio recording mediums, for each hour of playing
time in normal utilization ...: .............................................. ; .......... .
EUR 0.0614
6.
in respect of video recording mediums ..for each. hour of playing
time in normal utilization ............................................ : ........ , ........ .
EUR 0.0870
II. Remuneration under Article 54a
1. Remuneration due to all owners of rights under Article 54a (1)
.shall be, for each reproduction appliance with a capacity of
a) up to 12 copies a minute .......................................... :...........
EUR 38.35 if polychrome photocopies can be made ............................. .
EUR 76.70 b) from 13 to 35 copies a minute ............................................ ..
EUR 51.13 ifpolychrome photocopies can be made .............................. .
EUR 102.26 c) from 36 to 70 copies a minute ....... ; ............ :..........................
EUR 76.70 if polychrome photocopies can ~e made ........ : ......... : .......... ~
ElJR 153.40 d) more than 70 copies a minute ......... :: .................................. .
EUR 306.78 if polychrome photocopies can be made ........... ; ................. .
2. -Remuneration due to all owners of rights under Article 54a (2)
shall be, fbr each DIN A4 page of photocopying
a) for photocopies made from books intended exclusively for
school use and approved by a Land authority as school
books
monochrome ........ ,................................................................ EUR 0.0256
polychrome ......................................................... :.................. EUR 0.0512
b) f6r all other photocopies mOhochrome ............................................................. :........... EUR 0.0103 polychrome ........................ \..... .................................. ........... EUR 0.0206
3. These ·rates of remuneration shall be applied mutatis mutandis to other repro9uction processes having a comparable effect."
Article 17,
Amendment of the Copyright Administration Law
(440-12)
In Section 21 of the Copyright Administration Law of 9 September 1965 (Federal Law Gazette I p.1294), last amended by Article ,5 paragraph 25a of the Law of 26 November 2001 (Federal Law Gazette, I p. 3138), the words "OEM 10,000" shall be replaced by the words "EUR 5,000".
Article 18
AmEmdm~nt of the Designs Law
(442-1)
The Designs Law in the revised version published in the Federal Law Gazette Part III, No. 442-,1, last amended by Article 5 paragraph 27 of the Law of 26 November 2001 (Federal Law Gazette I p. 3138), ,shall be amended as follows:
1. Section? shall be amended as follows: a) hi subsection (6), the second sentence shall be repealed: ' b) In subsection (1 0), third sentence, the words "in accordance with the schedule of
fees" shall be deleted. '
"Section 9
. ... .
(3) It in the case of a multiple application (Section 7 (9)), the maintenance fee is paid only in respect of some of the designs without specification, the designs shall be taken into account according to the sequence of application.' If variation,s of a basic design have been registered (Section 8a (1)), the basic designs shall be taken into account first."
6. Section 1 0 shall be arilendedas follows:
a) In subsectiqn (3), first sentence, the words "Section 12 (1)" shall be replaced by the words "Section 12".
b) The pre\fious subs,ections (4) and (5) shall be' replaced by the following
,
.
subsections (4) to (6):
"(4) It within a time' period $et by the Patent Office, there is a ~ailure to pay the appropriate amount of arrears of application fees, or If the applicant 'fails to ,indicate which designs are to be covered by the amount paid in fees, the Patent Office shall determine which designs shall be, taken into account. Otherwise, the application shall be deemed to have been withdrawn.
7. Section 10a (1) shall be amended as follows:
a) . The third sentence shall be repealed.
b) In the previous fourth sentence, the words '173 (2), (4) and (5)'" shall be replaced by . the words ;'73,(2) to (4)".
8. Section 1 Db shall be amended as follows:
a) The following second sentence shall be inserted after the first sentence:
"On request by the registered owner, legal aid may also be granted for the maintenance fees pursuant to Section 9 (2)." ,
b) In the previous third sentence, the words "130 (2), (3) and (6)" shall be replaced by "130 (2), (3) and (5)".
. .
"Sectiori 12
The Federal Ministry for Justice shall regulate the establishment and the business procedure of the German Patent and Trade Mark Office as the designs regis.tration authority and shall, insofar as provision ther.efor has not been made by law, determine by statutory order; without requiring the approval of the Federal Council, the form and other requirements for applications for designs, the form and other requirements for the representation of the design, the admissible dimensions of the product used to represent the surface design or the, product itself, the content and' scope of any· description accpmpanying the representation, the classification of goods, the keeping and form 'of the Designs' Register, the particulars to be entered in the Designs' Register and ttie details of publication, including production by the Patent Office of the representation of the design in" the cases covered by Section 7 (4) to (6) and the treatment of products accompanying an application for its. representation following cancellation of the entry in the Designs Register (Section 10c). It may delegate these powers to the German Patent and Trade Mark Office by statutory order."
"Section 13
(1) The person who has filed the design for registration in the Designs Register in accordance with Section 7 shall be deemed to be its author until proved otherwise.
(2) Changes in the name orin the address of the applicant, owner or repr~sentative
. should be communicated to th'e Patent Office without delay. The Patent Office shall record the change in the Designs Register.
(3) The request for registr~tion of a change in the identity of the person of the . applicant or owner .shall be accompanied by written proof thereof."
"Se9tion 16
(1) A person who has neither domicile, seat nor establishment in the Federal Republic of Germany may take partin proceedings under this Law before the Patent Office or the Patent Court and assert rights deriving from a design protected according to the provisions of this Law only if he has appointed as his representative a .patent attorney or an attorney-at-law in the Federal Republic of Germany who is authorized to .
represent him in Patent Office and Patent .Court proceedings and in Civil litigation, in respect of the design as well as to file 'requests for the institution of criminal proceedings.
(2) Citizens of a Member State of the European Union or' of another Contracting Party to the Agreement on the European Economic Area can be appointed as a representative within the meaning of subsection (1) for the ,purpose of provision of a
'service within the meaning of the Treaty establishing the European Community if they are entitled to practice' their professional activity under orie of the professional titles referred to' in the Annex to Section 1 of the Law on Professional Practice by European Attorneys-at":Law in Germany of 9 March 2000 (Federal Law Gazette I p. 182) or to Section ,1 of the Law on the, Examination of Aptitude for Admission to Practice as a Patent Attorney of 6 July 1990 ,(Federal Law Gazette I p. 1349, 1351) in the respective, version in force. In this case, proceedings may, however,orily be pursued if an attorneyat-law or patent attorney in the Federal Republic of Germany has been appointed as the person authorized to receive service of documents.
Article 19
(442-4)
Article'2 of the Type Face Law'of 6 July 1981 (Federal Law Gazette 1981 II p. 382), last amended by Article 3 of the Law of 18 December 1986 (Federal Law Gazette I p. 2501), shall
. be amended as follows: '
1. Subsection (1) shall be amended as follows:
a) NO.4 shall be worded as follows:
"4. The term of protection for registered type faces shall commence on the day of application and shall end twenty five years after ,expiry of the month in which the
, day of application falls. Maintenance of protection shall be effected by means of payment of a maintenance fee for the eleventh to fifteenth, sixteenth to twentieth and twenty first to twenty fifth years, respectively, calculated from the day of application."
b) In No.5, first al}d second sentences, the words "Patent Office" shall be replaced by the, words "Patent and Trade Mark Office" in each instance.
. 2. In subsection (2), second sentence, the words "the President of the Patent Office" shall be replaced by the words "the German Patenf and Trade Mark Office".
Article 20
(7822-7)
The Plant· Variety Protection Law in the version published on 19 December 1997 (Federal Law Gazette I p.31(4), last amended by Article 5 paragraph 33 of the Law of 26 November 2001 (Federal Law Gazette I p. 3138), shall be amended as follows:
. No. 2100/94 of.27 July 1994 on Community plant variety rights (OJ No. L 227 p.1 t shall .be inserted after the word "within the country".
Further Amendments of the Patent Costs Law, the Patent Law,
the Utility Model Law, the Trade Mark Law, the Semiconductor Protection Law
and the,Designs Law
(2) The following· Section 123a shall pe inserted following Section 123 of the Patent Law in the version published on 16 December 1980 (Federal Law Gazette 1981 I p. 1), last amended by Article 7 of this Law:
"Section 123a
. .
"Section 91 a
Further Processing of the Application
Articles 22 to 29 ..,
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Article 30
. Entry into Force
(1) Except as provided in subsections (2) and (3), this Law shall enter into force on 1 January 2002.
(2),On the day following promulgation,
shall enter into force.
(3) Article 21 shall enter.into force on 1 January 2005.
. .
The constitutional r:ights of the Federal Council have been heeded. The above Law is hereby executed and shall be promulgated in the Federal Law Gazette. Berlin, 13 December 2001
The Fed era I· Pre sid e n t
Johannes Rau
The Fed era I C han cell or
G erh a r d S c h roe d e r
The Fed era I Mi n ist e r of Jus tic e
Daeubler-Gmelin