Gebrauchsmustergesetz (GebrMG)
§ 1
(1) As inventions, utility models are protected, we have recently, involve an inventive step and capable of industrial application based.
(2) As the subject of a utility model in terms of paragraph 1 are not considered particularly:
1.
Discoveries, scientific theories and mathematical methods;
2.
aesthetic creations;
3.
Plans, Rules and methods for performing mental acts, playing games or doing business, and programs for computers;
4.
presentations of information;
5.
biotechnological inventions (§ 1 Abs. 2 of the Patent Act).
(3) Paragraph 2 is protected as a utility model against only insofar, is sought as to the subject-matter or activities as such protection.
§ 2
Are not protected as a utility model:
1.
Inventions, which would go against public order or morality would be contrary; such infringement can not be inferred solely from the fact, that the exploitation of the invention by law or regulation is prohibited.
2.
Plant or animal species;
3.
Method.
§ 3
(1) The subject matter of the utility model shall be considered new, if it is not the state of the art. The prior art includes all knowledge, issued before the date relevant for the priority of the application made available by day or by a written description of the scope of this law was using the public. One within six months occurred before the date relevant for the priority of the application tag description or use shall not be taken, if it is based on the elaboration of the applicant or his predecessor.
(2) The subject matter of the utility model is applicable as commercial, if it can be made to any kind of industry, including agriculture or used.
§ 4
(1) Inventions, for which protection is sought as a utility model, must be registered with the Patent Office. For each invention is a special registration required.
(2) The application may also be submitted via a patent information center, if this position is determined by the Federal Department of Justice in the Federal Law Gazette to, Utility model applications receive. A registration, the state a secret (§ 93 Criminal code) may include, Do not for a patent information center to be submitted.
(3) The notification must:
1.
the name of the applicant;
2.
an application for registration of a utility model, the subject matter of the utility model is short and precisely described;
3.
one or several claims, specified in which, what is to be found as capable of protection under protection;
4.
a description of the subject matter of the utility model;
5.
drawings, on the protection claims or the description refer.
(4) The Ministry of Justice is authorized, to adopt by ordinance provisions governing the form and other requirements of the application. It can such power by ordinance to the German Patent- and Trademark Office transferred.
(5) To be available on the registration of a utility model, changes in the application admissible, if they do not broaden the subject of the application. From changes, enlarging the scope of the application, rights can not be deduced.
(6) The applicant may divide the application at any time. The pitch is to explain in writing. For each part of the application are retained when the original declaration and for priority claimed. For the divisional application are for the period up to pitch the same fees paid, which had to be paid for the original application.
(7) The Ministry of Justice is authorized, by statutory provisions of the deposit, to adopt the access including access to authorized persons and the new deposit of biological material, provided that the invention involves the use of biological material, or it relates to such material, the public is not accessible and can not be in the application as described, that a skilled person to practice the invention after (Paragraph 3). It can such power by ordinance to the German Patent- and Trademark Office transferred.
§ 4a
(1) If the application is not fully or partially written in the German language, the notifier furnish a German translation within a period of three months after filing. If the application contains a reference to the drawings and have no application contains drawings, The Patent Office shall invite the applicant to, within a period of one month after service of the request either the drawings submitted, or to explain, that any reference is made to the drawings but not done.
(2) The filing of the utility model application is the day, where the documents under § 4 Abs. 3 No.. 1 and 2 and, anyway if they contain information, who appear to be regarded as a description, under § 4 Abs. 3 No.. 4
1.
the Patent Office
2.
or, if this position is determined by the Federal Department of Justice in the Federal Law Gazette to, a patent information center
are received. If the documents are not written in the German language, this only applies, when the German translation within the period under paragraph 1 Sentence 1 been received by the Patent Office; otherwise the application shall not be deemed to have occurred. If the applicant files a request under paragraph 1 Sentence 2 the missing drawings by, then the date of receipt of the drawings to the patent office filing; otherwise, a reference to the drawings had not taken place.
§ 5
(1) If an applicant with effect for the Federal Republic of Germany for the same invention already sought a patent earlier, he can make with the utility model application, the declaration, that the law applicable to the patent application filing date is claimed. A claimed for the patent right of priority is maintained for the utility model application. The right to set 1 can for a period of two months from the end of the month, where does the patent application or any potential opposition is finished, but only until the end of the tenth year after the filing of the patent application, be exercised.
(2) If an applicant for a declaration under paragraph 1 Sentence 1 submitted, invite him to the patent office, within two months of notification of the request to specify the file number and the filing date and file a copy of the patent application. If this information is not made on time, then the right in paragraph 1 Sentence 1 forfeited.
§ 6
(1) The applicant shall have a period of twelve months from the filing date of an earlier patent filed with the Patent Office- or utility model application for the same invention, utility model registration a priority right to, unless, that in the earlier application has a domestic or foreign priority has been claimed. § 40 Abs. 2 to 4, Abs. 5 Sentence 1, Abs. 6 of the Patent Act shall apply mutatis mutandis, § 40 Abs. 5 Sentence 1 with the proviso, that an earlier application is not deemed to be withdrawn.
(2) The provisions of the Patent Law on foreign priority (§ 41) shall apply mutatis mutandis.
§ 6a
(1) If the applicant has made an invention on a national or international exhibition on display, it may, when they sign the invention for use pattern within a period of six months from the first display of the invention, from that day on a right of priority avail.
(2) The exhibitions in terms of paragraph 1 be determined in each case in an announcement by the Federal Ministry of Justice in the Federal Law Gazette on exhibition protection.
(3) Who is a priority under paragraph 1 increases in claim, has before the end of 16. Month following the date of the first display of the invention that day, indicating the exhibition as well as a proof of the display.
(4) The exhibition priority pursuant to paragraph 1 extended the priority deadlines under § 6 Abs. 1 not.
§ 7
(1) The Patent Office identified at the request of the public documents, which are appropriate for assessing the patentability of the subject of utility model application or utility model considered (Search).
(2) The application can be submitted by the applicant or the person registered as holder and any third party. It is submitted in writing to. § 28 shall apply mutatis mutandis. § 43 Abs. 3, 5, 6 and 7 Sentence 1 of the Patent Act shall apply mutatis mutandis.
§ 8
(1) Application meets the requirements of § § 4, 4a so the Patent Office for registration in the Register of Utility Models. An examination of the matter of the application of novelty, inventive step and industrial applicability is not taking place. § 49 Abs. 2 of the Patent Act shall apply mutatis mutandis.
(2) The registration must include the name and residence of the applicant and his after about § 28 appointed representative and authorized agent, and the time of the application to specify.
(3) The entries are in the patent gazette in periodical surveys. The publication is available in electronic form.
(4) The Patent Office entered in the register a change in the person of the holder of the utility model, his representative or his authorized agent, when it is detected it. As long as the change is not registered, remain the former owners, and his former agent or address for service under this Act the right and obligation.
(5) The inspection of the Register and in the files of registered utility models, including the files of cancellation proceedings freely everyone. Moreover, the Patent Office granted everyone at the request access to the files, if and when an interest is prima facie.
§ 9
(1) If a utility account, its subject matter a secret government (§ 93 of the Criminal Code) is, shall order the arrangement pursuant to § 50 the Patent Act examining body ex officio, that disclosure (§ 8 Abs. 5) and the publication in the Official Bulletin (§ 8 Abs. 3) omitted. The competent supreme federal authority shall be heard before the arrangement. You can apply for the adoption of an arrangement. The utility model is to be entered in a special register.
(2) Otherwise, the provisions of § 31 Abs. 5, of § 50 Abs. 2 to 4 and § § 51 to 56 of the Patent Act shall apply mutatis mutandis. The paragraph 1 examining body is also in the corresponding application of § 50 Abs. 2 of the Patent Act and for decisions to be taken in the appropriate application of § 50 Abs. 3 and § 53 Abs. 2 of the Patent Act to be made responsible actions.
§ 10
(1) For applications in utility matters, with the exception of cancellation requests (§§ 15 to 17) in the Patent Office is a utility model built instead, which is headed by a President of the Patent Office certain legal member.
(2) The Ministry of Justice is authorized, to entrust, by ordinance of senior officials and the intermediate service or comparable employees with the performance of contracts, the responsibility of the utility locations or utility departments and offer their nature no specific legal or technical difficulties; excluded, however, are rejections of applications for reasons, where the applicant has objected. The Federal Ministry of Justice, this authorization by ordinance to the German Patent- and Trademark Office transferred.
(3) About cancellation requests (§§ 15 to 17) resolves one of the Patent Office to forming Utility Model Divisions, which is manned by two technical members and one legally qualified member. The provisions of § 27 Abs. 7 of the Patent Act shall apply mutatis mutandis. Within their business circle is up to each utility department and the advisory opinions.
(4) For the exclusion and challenge the members of the utility model unit and the Utility Model Divisions, § § 41 to 44, 45 Abs. 2 Sentence 2, §§ 47 to 49 Code of Civil Procedure on exclusion and challenge the court people mutatis mutandis. The same applies to the officials of the upper and the intermediate service and staff, if they referred to in paragraph 2 with the perception of the individual utility model unit or the Utility Model Divisions obligations on businesses have been entrusted. § 27 Abs. 6 Sentence 3 of the Patent Act shall apply mutatis mutandis.
§ 11
(1) The registration of a utility model has the effect of, that only the holder is authorized, to use the subject matter of the utility model. Any third party, it is forbidden, without his consent, a product, the subject of the utility model is, produce, offer, putting on the market or to use them for these purposes or either importing or stocking.
(2) The entry also has the effect, that it is forbidden any third party, without the consent of the application of this Act other than the use of the property of the utility model agent authorized persons, relating to an essential element of the subject matter of the utility model, for its use in the application of this law to offer or provide, when the third party knows or it is obvious in the circumstances is, that these means are suitable and intended, used for the use of the property of the utility model to be. Sentence 1 does not apply, if it is in the means are staple commercial products, unless, that the third party induces the person supplied, after a paragraph 1 Sentence 2 act prohibited manner. People, that in § 12 No.. 1 and 2 mentioned actions do, within the meaning of the sentence 1 not as individuals, who are entitled to use of the property of the utility model.
§ 12
The effect of the utility model shall not extend to
1.
Actions, are done privately and for non-commercial purposes;
2.
Acts done for experimental purposes, which relate to the subject matter of the utility model;
3.
Actions under § 11 No.. 4 to 6 the Patent Act designated type.
§ 12a
The scope of the utility model is determined by the content of the protection claims. The description and drawings shall be used to interpret the claims protection.
§ 13
(1) The utility model is not established by registration, extent against the person registered as holder for everyone a claim for cancellation is (§ 15 Abs. 1 and 3).
(2) If the substance of the record descriptions, Drawings, Models, Appliances or equipment of another without his consent is withdrawn, enters the injured not to the protection of the law.
(3) The provisions of the Patent Act, the right to protection (§ 6), the right to the grant of the patent (§ 7 Abs. 1), on the right to transfer (§ 8), over the prior use (§ 12) and the use of state assembly (§ 13) shall apply mutatis mutandis.
§ 14
As far as a later patent pending in a accordance with § 11 engages vested right, may not have the right of this patent without permission of the owner of the utility model are exercised.
§ 15
(1) Everyone has against the person registered as the holder of claim for cancellation of the utility model, when
1.
the subject matter of the utility model under § § 1 to 3 can not be protected,
2.
the subject matter of the utility model already on the basis of an earlier patent- or utility model application has been protected or
3.
the subject matter of the utility model of the contents of the application in the text goes, in which it was originally submitted.
(2) If § 13 Abs. 2 Only the injured is entitled to a claim for cancellation.
(3) Concerning the grounds for cancellation only a portion of the utility model, then the deletion takes place only to the extent. The limitation may be made in the form of an amendment to the claims for protection.
§ 16
The cancellation of the utility model under § 15 must be requested in writing to the Patent Office. The request must state the facts, it is based on the. The provisions of § 81 Abs. 6 and § 125 of the Patent Act shall apply mutatis mutandis.
§ 17
(1) The Patent Office shall notify the owner of the utility model with the application and invite him, is to be filed within one month. If he does not timely, then the deletion.
(2) Otherwise, notify the Patent Office of the opposition to the applicant and shall take the necessary orders to investigate the matter. It may order the examination of witnesses and experts. For them, the provisions of Code of Civil Procedure (§§ 373 to 401 as well as 402 to 414) accordingly. The negotiations are to be incorporated by consultation evidence a sworn recording clerk.
(3) Will be decided on the basis of a hearing request. The decision is in the appointment, in which the hearing is closed, or to announce in an immediate appointment time devoted. The decision has to be justified, must be made out in writing and served on the parties on its own initiative. § 47 Abs. 2 of the Patent Act shall apply mutatis mutandis. Instead of delivery is the service of the order allowed.
(4) The Patent Office has determined, how much of the costs are the parties to the load. § 62 Abs. 2 and § 84 Abs. 2 Sentence 2 and 3 of the Patent Act shall apply mutatis mutandis.
§ 18
(1) Decisions taken by the utility model unit and the utility departments held the appeal to the Patent Court.
(2) Moreover, the provisions of the Patent Act shall apply mutatis mutandis on the review procedure. Appeal relates to a decision, which was issued in cancellation proceedings, it is to decide on the costs § 84 Abs. 2 of the Patent Act shall apply mutatis mutandis.
(3) On appeals against decisions of the utility model unit and against decisions of the Utility Model Divisions decided by a board of appeal of the Patent Court. On appeals against the refusal of the application for a utility model, the Senate decides the two legally qualified members and one technical member, on appeals against decisions of the Utility Model Divisions over cancellation requests in the cast with a legal member and two technical members. For appeals from decisions on applications for approval of legal aid kit 2 shall apply mutatis mutandis. The chairman must be a legally qualified member. On the allocation of responsibilities within the Board's Senate § 21g Abs. 1 and 2 the Judicature Act apply. For the hearing of appeals from the decisions of the Utility Model Section, § 69 Abs. 1 of the Patent Act, for the hearing of appeals from the decisions of the Utility Model Divisions § 69 Abs. 2 the Patent Act accordingly.
(4) The decision of the Appeal Division of the Patent Court, through an appeal under paragraph 1 is decided, held the appeal to the Federal Court, if the Senate has approved on appeal the decision, the appeal. § 100 Abs. 2 and 3 and § § 101 to 109 of the Patent Law shall apply.
§ 19
During the deletion process is a lawsuit pending, its decision on the existence of the utility model depends, the court may order, that the trial is suspended until completion of the cancellation procedure. It shall order the suspension, if it considers that the utility model registration for ineffective. If the cancellation request is rejected, the Court is bound by this decision only, when a dispute between the same parties.
§ 20
The provisions of the Patent Act to grant or revoke a compulsory license or due to the adjustment of the remuneration fixed by the Court for a compulsory license (§ 24) and the procedure (§§ 81 to 99, 110 122A bus) apply mutatis mutandis to registered design.
§ 21
(1) The provisions of the Patent Law on the delivery of opinions (§ 29 Abs. 1 and 2), about the re-establishment of rights (§ 123), on the re-processing of the application (§ 123A), the obligation to be truthful in the process (§ 124), on electronic process guide (§ 125A), the official language (§ 126), on notifications (§ 127), on mutual assistance of the courts (§ 128), on the compensation of witnesses and the remuneration of experts (§ 128A) and on legal protection over long trial (§ 128B) apply also for utility matters.
(2) The provisions of the Patent Law on the granting of legal aid (§§ 129 to 138) shall apply mutatis mutandis in utility matters, § 135 Abs. 3 with the proviso, that the under § 133 Deputy representative is entitled to a right of appeal.
§ 22
(1) The right to a utility model, the claim and the grounds on its registration by the registration rights shall be transferred to the heirs. They can be limited or unlimited transfer to other.
(2) The rights referred to in paragraph 1 may be wholly or partially subject to exclusive or non-exclusive licenses for the application of this Act or a part thereof be. As far as a licensee to a restriction of his license after sentence 1 violates, can be justified by the registration rights are asserted against him.
(3) A transfer or grant of a license does not affect licenses, which have been granted to third parties before.
§ 23
(1) The term of protection of a registered utility model begins with the filing date and ends ten years after the end of the month, the date of filing.
(2) The term of protection is by paying a maintenance fee for the fourth to sixth, seventh and eighth as well as for the ninth and tenth year, filing of the application, causes. The maintenance is recorded in the register.
(3) The utility model goes, when
1.
the waived registration as owner by written notice to the patent office to a utility model or
2.
the maintenance fee on time (§ 7 Abs. 1, § 13 Abs. 3 or § 14 Abs. 2 and 5 costs of patent law) is paid.
§ 24
(1) Who against § § 11 to 14 a utility model used, can be taken of the injured at risk of repetition to cease and desist. The claim also exists, when activly first.
(2) Who performs the act intentionally or negligently, is the replacement of the injured to any damage arising therefrom. In the assessment of the damages can also profit, to the infringer has obtained through the violation of the right, be considered. The claim for damages may also be calculated on the basis of the amount, of the infringer had a reasonable compensation must be paid, if he had requested authorization to use the invention.
§ 24a
(1) Who against § § 11 to 14 a utility model used, can of the injured to destroy the property in the possession of the infringer or products marketed, the subject of the utility model, be claimed. Sentence 1 is applicable by analogy to the property of the related materials and equipment, principally used for the production of these products.
(2) Who against § § 11 to 14 a utility model used, can of the injured to recall the products, the subject of the utility model, or put to their ultimate removal from the channels of claim in.
(3) The rights referred to in paragraphs 1 and 2 are excluded, where the consumption of the individual case is disproportionate. In considering the proportionality of the legitimate interests of third parties are taken into account.
§ 24b
(1) Who against § § 11 to 14 a utility model used, can be taken of the injured to immediate information about the origin and the distribution of the products used in claim.
(2) In cases of obvious infringement, or in cases, in which the injured party has brought against the violator action, the claim is without prejudice to paragraph 1 also against a person, in the commercial scale
1.
had the infringing products in their possession,
2.
infringing services availed,
3.
provided services used in infringing activities or
4.
according to the data in a number 1, 2 or number 3 as being involved in the production, Production or distribution of goods or to the provision of the services was,
unless, the person would be prohibited by § § 383 to 385 Code of Civil Procedure in the process right to refuse to testify against the infringer. In the case of judicial enforcement of the right to set 1 the court may suspend the proceedings pending against the infringer at the request until the completion of the run because of the right of access dispute. The person obliged to may require the replacement of the injured required for providing information expenses.
(3) The person obliged to have to provide information about
1.
The name and address of the manufacturer, Suppliers and other previous holders of the goods, or the users of the services, as well as the intended wholesalers and retailers, for which they were intended, and
2.
the amount of the product, delivered, received or ordered, and about the prices, were paid for the product or service.
(4) The rights referred to in paragraphs 1 and 2 are excluded, where the consumption of the individual case is disproportionate.
(5) Given the information to the person obliged intent or gross negligence is incorrect or incomplete, he is the injured party to compensation for any damage arising therefrom.
(6) Who gave a true information, for without this paragraph 1 or paragraph 2 been required to be, liable to third parties only, if he knew, that he was not obliged to provide information.
(7) In cases of infringement is obvious, the obligation to provide the information by way of injunction may under § § 935 to 945 be disposed of Civil Procedure.
(8) The findings may be used in a criminal proceeding or a proceeding under the Code of Administrative Offences for an offense committed prior to providing such information is indeed against the debtor or against an in § 52 Abs. 1 designated members of the Criminal Procedure Code be used only with the consent of the obligor.
(9) If the respondent has only using traffic data (§ 3 No.. 30 of the Telecommunications Act) be issued, for granting a prior court order on the admissibility of the use of traffic data required, to be requested by the injured. For the adoption of this arrangement, the district court, district in which the person obliged to his residence, has its headquarters or branch, without regard to the amount in dispute exclusive jurisdiction. The decision is the Civil Division. For the procedure, the provisions of the Act shall apply mutatis mutandis on the procedure in family matters and in matters of voluntary jurisdiction. The cost of the court order carries the injured. Against the decision of the district court is the appeal admissible. The appeal must be filed within a period of two weeks. The rules on protection of personal data remains unaffected.
(10) By paragraph 2 in conjunction with Article 9 is the fundamental right of privacy of telecommunications (Article 10 of the Basic Law) limited.
§ 24c
(1) Anyone with reasonable certainty against § § 11 to 14 a utility model used, can of the right holder or other authorized to produce a document or visit a thing, which is in his possession, be claimed, if this is in support of its claims required. There is a sufficient likelihood of infringement committed on a commercial scale, The claim also extends to the provision of bank-, Financial- financial or commercial documents. As far as the alleged infringer asserts, that it is confidential information, , the court, the necessary measures, to ensure the necessary protection in individual cases.
(2) The claim under paragraph 1 is excluded, where the consumption of the individual case is disproportionate.
(3) The obligation to produce a document or to submit to the inspection of any matter, by way of injunction under § § 935 to 945 be disposed of Civil Procedure. The court shall take the necessary measures, to ensure the protection of confidential information. This is especially true in cases, in which the injunction without hearing the opposing party shall be adopted.
(4) § 811 of the Civil Code and § 24b Abs. 8 shall apply mutatis mutandis.
(5) If no injury was present or threatened, , the alleged infringers from that, of the template, or inspections under paragraph 1 demand has, compensation for the damage caused to him by the desire demand.
§ 24d
(1) The injured person may at the infringer of an offense committed on a commercial scale infringement in cases under § 24 Abs. 2 on submission of bank, Financial- financial or commercial documents, or appropriate access to the relevant information avail, which is under the control of the infringer and are necessary for the enforcement of the damages claim, if without the submission of the fulfillment of the damages claim is questionable. As far as the infringer asserts, that it is confidential information, , the court, the necessary measures, to ensure the necessary protection in individual cases.
(2) The claim under paragraph 1 is excluded, where the consumption of the individual case is disproportionate.
(3) The obligation to submit to in paragraph 1 instruments referred to in the way of an interim order pursuant to § § 935 to 945 be disposed of Civil Procedure, if the claim for damages is manifestly. The court shall take the necessary measures, to ensure the protection of confidential information. This is especially true in cases, in which the injunction without hearing the opposing party shall be adopted.
(4) § 811 of the Civil Code and § 24b Abs. 8 shall apply mutatis mutandis.
§ 24e
Is a legal proceedings brought under this Act, , the prevailing party in the ruling powers are granted, make the judgment at the expense of the losing party publicly, when shown a legitimate interest. The nature and scope of the notice will be determined in the judgment. The power goes out, when non within three months of the entry into force of the judgment is exercised. The statement by Theorem 1 is not immediately enforceable.
§ 24f
On the validity of claims for breach of property rights, the provisions of section 5 the book 1 of the Civil Code shall apply mutatis mutandis. The obligated obtained by the injury at the expense of the claimant something, , § 852 of the Civil Code shall apply mutatis mutandis.
§ 24g
Claims from other statutory provisions shall remain.
§ 25
(1) Punished with imprisonment up to three years or a fine is, who without the required consent of the holder of the utility model
1.
one product, the subject of the utility model is (§ 11 Abs. 1 Sentence 2), produces, offering, put into circulation, used or to any of the purposes mentioned either imports or possesses or
2.
the right of a patent in contravention of § 14 exercises.
(2) If the offender is commercially, the punishment shall be imprisonment of up to five years or a fine.
(3) The attempt is punishable.
(4) In the cases of paragraph 1 the fact is pursued only on request, unless, that the law enforcement agency because of the particular public interest in the prosecution maintains that intervention of its own motion that offered.
(5) Objects, to which the offense relates, may be confiscated. § 74a of the Penal Code shall apply. The extent specified in § 24a claims in proceedings under the provisions of Criminal Procedure on the compensation of the injured (§§ 403 bus 406c) granted is, These are the rules on recovery not apply.
(6) Is recognized on punishment, so ist, if the injured person requests it and a legitimate interest in it has no knowledge, organize, that the conviction will be made public on request. The nature of the publication is to be determined in the judgment.
§ 25a
(1) A product, that according to this law violates a protected utility model, upon request and subject to safety performance of the holder at its importation or exportation of the seizure by the customs authority, if the infringement is obvious. This applies to the marketing of other Member States of the European Union as well as with the other parties to the Agreement on the European Economic Area only, where testing is carried out by the customs authorities.
(2) Where the customs authorities of the seizure, it shall immediately notify the person entitled and the complainant. The applicant are origin, Notified amount and location of the product and the name and address of the person entitled; the letter- and postal privacy (Article 10 of the Basic Law) shall be restricted. An applicant shall be given an opportunity, to inspect the product, insofar as this does not in business- or trade secrets is encroached.
(3) If the seizure is made, at the latest within two weeks after service of the notice under paragraph 2 Sentence 1 contradicted, shall order the customs authority to the confiscation of the seized product.
(4) Should the person entitled to dispose of the seizure, the customs authority shall immediately inform the applicant. This has to declare immediately to the customs authority, whether, after the application paragraph 1 maintains in relation to the seized product.
1.
If the applicant rejects the application, highlights the customs authority the seizure without delay.
2.
If the petitioner request upright and he puts an executable court decision, ordering the impounding of the seized product or a restricted, the customs authorities shall take the necessary measures.
Are the numbers of cases 1 or 2 not until, highlights the customs authority the seizure after two weeks of receipt of the notification to the petitioner under sentence 1 on; the applicant shall demonstrate, that the court order by number 2 requested, it is received but not yet, the seizure of a further two weeks to maintain.
(5) The seizure proves to be unwarranted from the beginning and if the applicant the request under subsection 1 in relation to the seized product maintained or not immediately declared (Paragraph 4 Sentence 2), he is obliged, to compensate the person entitled damage caused by the seizure.
(6) The application referred to in paragraph 1 shall be submitted to the Federal Finance Office and shall be effective for one year, unless a shorter period is requested; it can be repeated. Related to the request for official acts by the applicant under the terms of § 178 the Fiscal Code.
(7) The seizure and confiscation may be challenged by the legal remedies, that are allowed in the penalty procedure under the Code of Administrative Offences against the seizure and confiscation. On appeal, the applicant shall be heard. Against the decision of the district court is permitted an immediate appeal; they are examined by the Court of Appeal.
§ 26
(1) Power in civil litigation, where action by a claim from one of the legal relationships governed by this law is invoked, a party credibly, that the burden would jeopardize the legal dispute to the full value of its financial situation considerably, the court may order, at their request, that the obligation of the party to pay court costs, is measured according to their economic situation matched part of the value of. The arrangement has the effect, that the recipient party has to pay the fees of her lawyer also only to that part of the value of. As far as her legal costs imposed or if they assume this, she has to reimburse the fees paid by the opponents court fees and the fees of his lawyer only after the part of the amount in dispute. As far as the court costs imposed on the enemy or be acquired by him, the attorney of the beneficiary party recover his fees from the opponent by the law governing this dispute.
(2) The application referred to in paragraph 1 can be explained before the court office for record. He must be affixed before the hearing on the merits. After that, he is only permitted, if the assumed or fixed amount in dispute is raised later by the court. Before the decision on the application is the opponent to hear.
§ 27
(1) For all actions, whereby a claim for one of the legal relationships governed by this law is invoked (Utility model litigation), the Civil Divisions of the District Courts without regard to the amount in dispute exclusive jurisdiction.
(2) The Land governments are authorized, by ordinance, the utility model litigation for the districts of several district courts to assign one of them, provided that this is the objective of the promotion process. The Land governments may transfer this authority to the State Justice Administration. Countries can also transfer agreement by the courts of a country wholly or partially incumbent tasks to the competent court of another country.
(3) The cost, caused by the involvement of a patent attorney in a utility model dispute, the fees under § 13 the Attorney Fees Act and also to reimburse the necessary expenses of the patent attorney.
§ 28
(1) Who domestic neither residence, Seat still has branch, can on a regulated in this law proceedings before the Patent Office or the Patent Court only participate and assert the rights of a utility model claims only, if he has domestically appoint a lawyer or patent attorney representing, for the representation in the proceedings before the Patent Office, the Patent Court and in civil litigation, concerning the utility model, and is authorized to provide such criminal applications.
(2) Nationals of a Member State of the European Union or of another Contracting State to the Agreement on the European Economic Area can to provide a service within the meaning of the Treaty establishing the European Community as a representative within the meaning of paragraph 1 be ordered, if they are allowed, their professional activities under one of at the facility § 1 the Law on the activities of European lawyers in Germany from 9. March 2000 (Gazette. I S. 182) or § 1 the Law on the qualifying examination for admission to the patent attorneys from 6. July 1990 (Gazette. I S. 1349, 1351) exercise in the current version listed job titles.
(3) The place, to which a paragraph 1 designated representative has his business premises, , as defined in § 23 Code of Civil Procedure as the place, at which the asset is; there is no such business premises, it is the decisive place, at the representative domestic resident, and, failing that, the place, on which the Patent Office has its seat.
(4) The contractual termination of the appointment of a representative in accordance with paragraph 1 does not take effect, if both the termination and the appointment of another representative with respect to the Patent Office and the Patent Court appears.
§ 29
The Federal Ministry of Justice regulated by ordinance, not requiring the consent of the Bundesrat, the establishment and working of the Patent Office and the form of the method in utility matters, if not by law, provisions are also made.
§ 30
Who objects or their packaging with a label provides, suitable, to give the impression, that the objects are protected as utility models under this Act, or who in public display, on signboards, Recommendation on cards or in similar demonstrations using a name such kind, is obliged, each, has a legitimate interest in knowing the legal, the right to request information about, on which utility to use the name based.
§ 31
Article 229 § 6 of the Introductory Act to the Civil Code shall apply mutatis mutandis with the proviso, that § 24c of up to 1. January 2002 amended to the provisions of the Civil Code relating to the limitation in the 1. January 2002 assimilated as amended is.