Patent And Trade Mark Law Amendment To 2014

Original Language Title: Patent- und Markenrechts-Novelle 2014

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_126/BGBLA_2013_I_126.html

126. Federal law be changed with the patent law of 1970, the utility model act, the patent Treaties Implementation Act, the protection certificate Act 1996, the semiconductor protection law, the trademark protection law 1970, the design protection law of 1990, the Patent Office fees Act, the plant variety protection Act 2001, the patent attorney law and the jurisdiction standard (patent and trade mark law amendment to 2014)

The National Council has decided:

Contents article 1 amendment of the patent law 1970 article 2 amendment of the registered designs Act article 3 amendment of the patent Treaties Implementation Act article 4 amendment of the protection certificate Act 1996 article 5 amendment to the semiconductor Protection Act article 6 amendment of the trademark law 1970 article 7 amending the design Protection Act 1990 article 8 amendment to the Patent Office fees Act article 9 modification of the plant variety protection Act 2001 article 10 amendment of the patent attorney law article 11 change the jurisdiction standard article 12 entry into force provision to article 11 article 1

Amendment of the patent law

The patent law 1970, BGBl. No. 259, as last amended by Federal Law Gazette I no. 135/2009, is amended as follows:

1. paragraph 21 paragraph 1:

"(1) who as a representative before the Patent Office will intervene, must have his residence or its branch in the country; the professional rules for attorneys at law, patent attorneys and notaries however. The representative has his authorization by a written power of attorney to demonstrate that to submit is original or duly certified copy. Several people are empowered, so also each one alone to the representation shall be authorized.'

2. paragraph 21 paragraph 4:

"(4) a person who has neither domicile nor establishment in Germany, can only assert rights under this federal law before the Patent Office, if he is represented by a party representative indicated in section 77. If there are residence or place of business in the EEA or the Swiss Confederation, the appointment of a resident domestic ad litem sufficient for the assertion of rights under this federal law. The requirement of the main residence in Germany does not apply to nationals of EEA States parties if deliveries by treaties with the State of residence of the ad litem or otherwise are ensured. "For the use of services and information services of the Patent Office including opinion and research is neither the appointment of a representative of a process agent required."

3. paragraph 21 paragraph 6:

"(6) the authorization granted to a lawyer, patent attorney or notary to representation before the Patent Office authorized by law, all rights under this federal law before the Patent Office and unless he empowered by law to raise objections, to waive patents to bring applications to be treated as well as appeals by the invalidity Division and to withdraw is the appeal instances to assert, to enroll in particular patents, to restrict logins or to withdraw, "that further comparisons to close to accept deliveries of all kinds and official fees and proceedings to be reimbursed by the enemy - and representation costs, as well as to order a Deputy."

4. paragraph 37 para 5:

"(5) in the case of proceedings on the granting or withdrawal of licences in accordance with § 36 para 2 and 3, each Senate of the invalidity Division has to belong to a member who has been appointed on a proposal of the Federal Minister for agriculture and forestry, environment and water management of the Federal Ministry of transport, innovation and technology."

5. § 60 para 3 subpara 2 and 3 is: "2. the Legal Department for the procedure in matters that relate to the transfer of right from the application, to other legal provisions on such a right, granted patents or applications for restitutio in integrum, as far as not the technical division or cancellation Division is responsible;              

3. the invalidity Division for the procedure on applications for annulment, withdrawal, withdrawing, declaration subject to, on naming as inventor according to § 20 paragraph 5, on recognition of the prior user right about finding applications and the applications for compulsory licences."

6 § 60 para 3 Z 4 is omitted.

7 paragraph 61 para 2 and 3:

"(2) in the technical departments are, to appointed legally qualified members in the legal departments technical members. To members of the invalidity Division, technical and legally qualified members are to called. The members of the technical departments and the legal departments may be appointed at the same time also in the cancellation Division.

(3) the President has to determine a Board of directors from the members of the invalidity Division of the requisite number of Chairmen and members of other departments to the management and monitoring of business, as well as to make their delegate."

8 paragraph 61 para 6:

"(6) in the invalidity Division are the individual business cases to assign to the Chairman by the President. This caution is on the burden and the technical Chairman also on the field upcoming in the individual case into account to take."

9 the following paragraph 8 is added to article 62:

"(8) claims after the fees entitlement Act 1975 the Chairman decides the Member, in the case of a Tribunal."

10 paragraph 63:

"Section 63 (1) decides the cancellation Division their final decisions with inclusion of the Chairman by two legally qualified and three technical members.              

(2) for interim decisions of the cancellation Division, the presence of three members is sufficient. Procedure adjusting decisions without need for a decision in the case itself, as well as decisions on claims to the fees entitlement Act made by the Chairman."

11 paragraph 66:

"§ 66. The Senate of the invalidity Division are to sit down together by the Chairperson from case to case. This care is on the load and technical members also on the field upcoming in the individual case into account to take."

12 paragraph 67:

"The members of the invalidity Division have section 67 (1) at all hearings to wear an official dress. The detailed provisions on the composition and the wearing of the official dress be made by Decree of the President of the Patent Office.

(2) the counsel stated in § 77 are entitled to wear the dress of her Office when they intervene in oral proceedings of the invalidity Division."

13 sections 70 to 75 and headings are eliminated.

14 paragraph 76:

"76. (1) members of the Patent Office are excluded from participation: 1. in matters in which they are party or taking into account that they are one of the parties in the relationship of a with legitimate, Mitverpflichteten or expulsed;"

2. in matters of their spouse or registered partner or such persons who are related to or related by marriage with them in a straight line or with which they are in the side line up to the fourth degree related to or related by marriage in the second degree;

3. in matters of their choice - or foster parents, option - or foster children, their ward or ward;

4. in matters in which they have represented one of the parties or represent or regarding which a material advantage or loss experience or in Vista they;

5. if otherwise important reasons which are likely to put their full impartiality in doubt.

(2) a member of the Patent Office, that considered by the participation in a decision for excluded (para. 1), has the Department Board or the Chairman, stating the reasons for viewing. It has, if he considers the exclusion reason given to make the necessary orders for the attendance of a replacement member. The Board of directors or the Chairman of the reason of exclusion is concerned, the display to the President of the Patent Office shall be set up.

(3) if in proceedings before the Patent Office of a party exclusion reason asserted, is to proceed in accordance with paragraph 2."

15 paragraph 77:

"§ 77. To the professional representation of parties before the Patent Office only attorneys at law, patent attorneys and notaries, as well as the Finanzprokuratur empowered."

16 paragraph 82 paragraph 4:

'(4) measures are the head of the official act referred to in paragraph 2. In the proceedings before the cancellation Division of the Senate has over the removal of a person participating in a transaction or the imposition of a fine during a hearing to decide. Administrative fines are according to para 3 procedure where the decision is to make a Senate to impose this."

17 paragraph 83:

"section 83. Against persons who apparently deliberately take advantage of the activities of the Patent Office or false information with the intention of delaying the matter make a courage will penalty can be imposed up to 726 euros. In proceedings in which the decision is to a Senate, the Senate has courage will penalties to decide."

18 paragraph 84 paragraph 3:


"(3) against a decision of the technical department, the legal department or the cancellation Division, with a regulatory or courage will sentence is imposed, appeal is allowed. The cross-appeal must be placed within two weeks and has no suspensive effect. Against the decision of the second instance no appeal is allowed."

19 paragraph 85:

"§ 85. The service of documents of the Patent Office is, as far as section 86 does not otherwise determines to carry the extra Act, Federal Law Gazette No. 200/1982,."

20 paragraph 95 paragraph 3:

"(3) the obtaining or maintaining the rights depends on whether priority was rightfully claimed, the any is to prove. "Decree of the President of the Patent Office is to determine which documents in proceedings before the Patent Office for such proof (priority documents) required and when these documents are to be submitted."

21 paragraph 103 paragraph 5:

"(5) on the hearing is a Protocol by a Secretary to record. This is in addition to the indications concerning the place, to contain a summary of the content and progress of the negotiation time and subject of the hearing, the names of members of the Senate, the Secretary, the parties, their representatives, heard witnesses and of experts. The Protocol should be signed by the Chairman and by the Secretary. Instead of the assistance of a Secretary the Chairman of a sound beam can enjoy, where the information referred to in sentence 2 in any event to the log to be. By recording on the sound carrier to produce a written transfer is. This Protocol is to be signed only by the Chairman."

22 § 111a paragraph 5 reads:

"(5) the application or a supplement is faulty, the applicant is to urge, to remedy the deficiency within a certain period of time. So is the deficiency is not corrected, the decision to reject request is. The decision can be challenged by appeal."

23 § 114a paragraph 1 reads:

"(1) If a legal interest has, that in a proceedings before the cancellation division between other persons a person WINS if, can party in the procedure to join this (minor intervention). "The supporting arbitration has, even if the conditions of § 20 civil procedure (ZPO), RGBl. No. 113/1895, are not available, the position of armed comrades (§ 14 ZPO)."

24 § 115 be added following paragraph 3 and 4:

"(3) after the notification referred to in paragraph 2 section 112 applies ZPO for patent attorneys and lawyers alike.

(4) the provisions of § 168 and 169 CCP apply mutatis mutandis. §"

25 paragraph 119 section 1:

(1) that is negotiated according to the rules of sections 171 to 203 CCP mutatis mutandis applicable to conduct and perform. The presiding or certain of this Senate members have to discuss the matter with the parties factually and legally."

26 paragraph 119 para 3:

"Access is permitted (3) members of the Patent Office, as well as the Federal employees of the higher service of the Federal Ministry for transport, innovation and technology despite the exclusion of the public."

27 paragraph 125 paragraph 1:

"(1) all evidence in the preliminary proceedings and the hearing is to record a log through a Secretary." This is in addition to the indications concerning the place, to contain a summary of the content and progress of the negotiation time and subject of the hearing, the names of members of the Senate, the Secretary, the parties, their representatives, heard witnesses and of experts. The Protocol should be signed by the Chairman and by the Secretary. Instead of the assistance of a Secretary the Chairman of a sound beam can enjoy, where the information referred to in sentence 2 in any event to the log to be. By recording on the sound carrier to produce a written transfer is. This Protocol is to be signed only by the Chairman."

28 paragraph 126:

"§ 126. The courts and the Patent Office are obliged to provide mutual assistance to each other."

29 paragraph 127 section 4:

(4) to decide on the resumption of desire that instance "(technical Division, cancellation Division, higher regional court of Vienna, Supreme Court) is called, which has taken the decision. Is by a higher court upheld the recovery sought, this must be to determine whether the new round procedure before you or a Unterinstanz making is."

30 paragraph 129 paragraph 2:

"(2) a restitutio in integrum does not take place due to non-observance of the period for requesting re-establishment of rights (§ 131 para 1), the time limit for the appeal against the decision concerning such an application and the time limit for opposition (section 102 paragraph 1)."

31 paragraph 130 paragraph 2:

"(2) in the area of effect of the nullity Division of the Patent Office the Chairman to decide is called. Against this decision is allowed. appeal to the Oberlandesgericht Wien"

32. paragraph 137:

"Section 137 (1) final sayings of the Patent Office are execution title in the sense of § 1 of the execution order (EO), RGBl. No. 79/1896."

(2) the Patent Office has to make the necessary entries and deletions in the registers for leading him to carry out his final decisions and those of the appeal instances by virtue. "Collegiate decisions, the Chairman has the necessary decrees meet."

33. According to article 137 the following main piece IV. shall be inserted:

"IV. THE HIGHER REGIONAL COURT OF VIENNA AND THE SUPREME COURT AS THE APPEAL INSTANCES"

34. paragraphs 138 to 146 with headings are:

"A. Appeals against the decisions of the technical department and the Legal Department of the Patent Office"

Appeals

138. (1) the decisions of the technical department and the legal department can be challenged by appeal to the Oberlandesgericht Wien.

(2) against the orders of the officer preparatory to a decision of the technical division or legal Division, no appeal is allowed.

Procedure

section 139. Except military law (AußStrG), Federal Law Gazette apply to the appeal procedure I no. 111/2003, by analogy with the exception of sections 44 and 49 AußStrG following features: 1. references in the AußStrG on the Court of first instance considered references to the technical division or legal Division.

2. the appeal and the time limit for replying to appeals amount to two months; they are non-renewable.

3. new facts or evidence may be put forward only to support or to refute the facts in time put forward at first instance and evidence.

4. a timely submitted appeal is flawed, the Commissioner has to set a deadline for the appeals advertisers. Belatedly handed recourses or recourses, which does not improve within the deadline, are rejected by the Department in the composition in which the contested decision was adopted. Appeals against decisions of the authorised official are to be rejected by the competent Member.

5. decisions pursuant to section are 50 AußStrG to adopt the contested decision was adopted by the Department in the composition. Decision has been adopted by the authorized official the Commissioner has to decide.

6 § 51 para 1 AußStrG is with the provision to apply, that the files relating to the case, where appropriate, are to be submitted with an enlightening report.

7. the parties have the costs of the proceedings to carry itself.

8 appeal decisions of the Court of appeals are to deliver by the appeals court.

Appeal

Section 140 (1) against a decision of the Court of Appeal judgment in the appeal procedure may AußStrG the appeal in accordance with the § 62.

(2) the provisions of the AußStrG for the review appeal procedure shall apply mutatis mutandis with the following characteristics: 1 the revision appeal and the time limit for replying to review appeals amount to two months; they are non-renewable.

2. the appeal and, where appropriate, the registration idea are to introduce the Court of appeals; the rejection follows § 67 AußStrG by the appeals court. Except in the case of § 68 para 4 Z 2 AußStrG is to introduce revision appeal answering the Court of appeals.

3. the parties have the costs of the proceedings to carry itself.

B. Appeals against resolutions and decisions of the nullity Division of the Patent Office

Appeal

141. (1) the final decisions of the nullity Division of the Patent Office may be challenged by appeal to the Oberlandesgericht Wien.

(2) for the appeal proceedings the provisions of the code of civil procedure apply CCP and following features accordingly with the exception of section 461, paragraph 2: 1 references in the code of civil procedure the Court of first instance considered references to the cancellation Division.

2. the deadline for appeal and the time limit for appeal answering exceed two months; they are non-renewable.

3. an appeal in time presented is flawed, the legally qualified officer of the cancellation Division has to set a deadline for the appeals advertisers. The deficiencies are remedied within the time limit, the appeal is considered timely brought.

4. appeal decisions of the Court of appeal are to be to the Court of appeal.

Appeals


Section 142 (1) against a preliminary injunction of the speakers is no appeal allowed. Against the decisions of the cancellation Division in the course of the pre-trial or trial a separate appeal held not subject to paragraph 2, they may be challenged only with the appeal, unless they have had an influence on the final decision.

(2) the appeal to the higher regional court of Vienna is allowed 130 paragraph 2, as well as decisions on claims to the fees entitlement act against interruption decisions, resolutions, with which an appeal is rejected, decisions pursuant to section. Decisions of the Court of appeal can be appealed in accordance with the § 519 ZPO at the Supreme Court.

(3) the provisions of the code of civil procedure for the appeal procedure shall apply mutatis mutandis with the following characteristics: 1. references in the code of civil procedure the Court of first instance considered references to the cancellation Division.

2. Appeals are first sentence referred to in paragraph 2 when the invalidity Division, to bring appeals according to para 2 second sentence at the Court of appeal.

3. a timely submitted appeals has pursuant to par. 2, first sentence, defects, the legally qualified officer of the invalidity Division or the Chairman shall, if the decision stood alone to him, to set a deadline for the appeals advertisers to improve. The deficiencies are remedied within the time limit, the appeal is considered timely brought.

4. appeal decisions of the Court of appeals are to deliver by the appeals court.

Revision and appeal

143. (1) against judgments of the Court of appeal is the revision in accordance with the § 502 ZPO, against a decision of the Court of appeal the appeal in accordance with the § 528 ZPO allowed.

(2) the provisions of the code of civil procedure for the review procedure shall apply mutatis mutandis with the following characteristics: 1 the revision period and the period for replying to revision exceed two months; they are non-renewable.

2. the revision is to bring to the Court of appeal. The references to the Court of first instance considered references to the Court of appeal, with the exception of those which relate to the remittal to the first instance. Except in the case of 507a par. 3 No. 2 ZPO revision answering to the Court of appeal is to bring.

(3) the provisions of the code of civil procedure for the revision appeals procedure shall apply mutatis mutandis with the proviso that the appeal to the appeal court to bring is.

C. common provisions

Legal aid

After this main piece, § 144. legal aid for an appeal is to apply for the Patent Office. On the request for the grant of legal aid, the cancellation Division has by decision to decide by one of the Chairmen. Section 7 para 2 AußStrG, the sections 63, 64, 66 to 73 ZPO and § 45 No. 96/1868, are RAO, RGBl. with the provision to apply, that references to the Court considered to be references to the cancellation Division. The assistance of a patent lawyer for the appeal proceedings before the higher regional court of Vienna can be granted instead of the assistance of a lawyer. Appeal within two weeks may be raised against the decision.

Delivery, representation, admission into the proceedings, access to the file

145. (1) the service of documents by the Patent Office in an appeal after this main piece according to the sections 85 and 86.

(2) in proceedings before the higher regional court of Vienna also patent attorneys and notaries are entitled to representation. Citing the authorization replaced their documentary evidence.

(3) in inter partes proceedings, the purchaser of a dispute snagged right even without the consent of the opponent in the process can occur.

(4) to the documents in appeal proceedings after this main piece, the § are by analogy apply article 81 and 81a.

Composition of the Senate

146. (1) section 8 para 2 is JN shall apply, that the place of the Laienrichters can be exercised either by professional magistrates out of the trade or by other persons with special expertise, such as in particular members of the Patent Office, appointed by the Federal Minister of Justice on the proposal of the Federal Minister for transport, innovation and technology, each for a term of five years. Be ordered members of the Patent Office or other federal employees as lay magistrates, they provide the activity as professional lay as official task and are independent and bound by any instructions in the performance of their duties. Articles 19 to 25 JN are to apply by analogy.

(2) the Supreme Court has to decide which includes two lay next to three judges referred to in paragraph 1 in a Senate with remedies against a decision of a decision of the technical division or cancellation Division.

(3) if proceedings on the granting or withdrawal of licences in accordance with § 36 para 2 and 3 para 1 and 2 with the basis to apply, that the Senates belong to has a member of the Federal Minister of Justice on the proposal of the Federal Minister for agriculture and forestry, environment and water management has been appointed.

(4) insofar as nothing else is determined, are the provisions applicable to professional magistrates from the trading booth to apply mutatis mutandis. The President has appointed a member of the Senate to the speakers."

35. the previous main piece IV. receives the designation "V.".

36. paragraph 156 paragraph 6:

"(6) the validity or effectiveness of a patent by the Patent Office or the appeal instances differently considered was by the Court in the infringement dispute, so can be a complaints (section 530 para 1 ZPO) supported;" There are the section 532, para 2 ZPO for jurisdiction and for the interruption of the appeal the section 544, para 1 ZPO apply accordingly; "the deadline (section 534, para 1 ZPO) is to calculate where the decision on the validity or effectiveness of the patent in force has grown by the day."

37. the heading of section 157 reads:

"Treatment of prejudicial proceedings"

38. § 157 paragraph 1 Z 5 is: "5. the periods for appeal, the appeal answering, the revision and revision answering to be one month and unerstreckbar."

39. paragraph 160:

"§ 160. The provisions of the 17 main section of the code of criminal procedure (StPO), Federal Law Gazette 1975 apply to the assertion of claims under section 150 No. 631/1975. Against the saying about the compensation claim the appeal is entitled to both."

40. paragraph 162 paragraph 1:

"(1) only the commercial court of Vienna is responsible for actions and injunctions under this Federal Act." Regardless of the value of the dispute, the Senate has (§ 7 para 2 first sentence JN) to decide. This also applies to interim injunctions. Article 146, paragraph 1 is for the Senate composition in first and second instance, in third instance, article 146, paragraph 2 shall apply."

41. the existing main pieces v and VI received the designations of "VI" and "VII.".

42. According to section 176a, 176 the following section b is inserted:

"§ 176 b. (1) the responsibility for the continuation of the proceedings at the end of 31 December 2013 with regard to that 1 of the Appeal Division and of the Supreme of patent and trademark Senate as a second instance of the higher regional court of Vienna, and 2 of the Supreme of patent and trademark Senate as a third instance on the Supreme Court passes, where the conditions of section 62 does not apply AußStrG are.

(2) a decision of the technical department or the Legal Department, against which a complaint is allowed, before the expiry of the 31 December 2013 has been taken and was against this decision not until the end of this day an appeal filed, so can appeal against the decision within the open period. One against such a decision until the end of 31 December 2013 raised complaint in time his appeal is considered.

(3) has been taken before the expiry of the 31 December 2013 a decision of the invalidity Division, against which an appeal is allowed, and was against this decision not until the end of this day appeals filed, so an appeal or appeal may be raised against the decision within two months from their notification. One collected appeal is against such a decision until the expiry of the 31 December 2013 as timely raised appeal or in time his appeal, if thats the appeal allowed appeal after 31 December 2013.

(4) for appeals against decisions of the cancellation Division, which will be submitted before the expiry of the 31 December 2013, § shall not apply 482 ZPO.

(5) a decision of the Appeal Division, against which an appeal to the Supreme Patent and trademark Senate is allowed before the expiry of the 31 December 2013 has been taken and was against this decision not until the end of this day an appeal filed, so revision (§ 140 para 2) can appeal against the decision within the open period. The appeal is allowed and the higher regional court of Vienna to introduce the requirements of § 62 AußStrG. One against a decision of the Appeal Division until the end of 31 December 2013 raised complaints in time his appeal is considered.


(6) decisions of the Supreme of patent and trademark Senate, adopted before the expiry of the 31 December 2013, a complaint pursuant to article 144 paragraph 1 B-VG to the Constitutional Court may be raised. In the proceedings before the Constitutional Court the Supreme Court take the place of the Supreme of patent and trademark Senate, unless he has decided the higher regional court of Vienna in the second instance, unless he has chosen in third instance. If necessary, the proceedings before the relevant court is to continue.

(7) for re-establishment proceedings which are still pending at the end of 31 December 2013 in appeal proceedings, the §§ 129 to 136 are continue to apply.

(8) is the contested decision with regard to the resumption in accordance with section 127 is sought, taken patent and trademark Senate prior to the expiry of the 31 December 2013 by the Appeal Division or by the Supreme has been the higher regional court of Vienna to decide on resumption desire responsible."

43. § 178a is eliminated.

44. paragraph 179 No. 3: "3. with regard to § 126 and of paragraphs 138 to 146 of the Federal Minister for transport, innovation and technology and the Federal Ministry of Justice," 45. In the previous text receives the sales designation (1) 180 b and the following paragraph 2 is added:

"(2) article 21, paragraph 1, 4 and 6, § 37 para 5, § 60 para. 3 Nos. 2 and 3, article 61, paragraph 2, 3 and 6, § 62 para 8, §§ 63, 66, 67, 76, 77, 82 para. 4, §§ 83, 84 para 3, §§ 85, 95 para 3, § 103 para 5, § 111a para 5, § 114a para 1, § 115 para 3 and 4, article 119, paragraph 1 and 3" , Article 125, paragraph 1, articles 126, 127 para 4, § 129, paragraph 2, article 130, paragraph 2, section 137, the heading of the IV. main piece, sections 138 to 146 with headings, the renaming of the former IV. main piece, § 156 para 6, the heading of section 157, section 157, paragraph 1 Z 5, sections 160, 162 para 1, the renaming of the previous V. and VI. main piece, §§ 176 b and 179 Z 3 as amended by the Federal Act , Federal Law Gazette I no. 126/2013, with 1 January 2014 into force. At the same time Z 4 Article 60 par. 3 sections 70 to 75 complete with headings and § 178a as previously amended override, experience."

Article 2

Amendment of the registered designs Act

The utility model act, Federal Law Gazette No. 211/1994, amended by Federal Law Gazette I no. 126/2009, is amended as follows:

1 § 33 para 1 Nos. 2 and 3 is: "2. the Legal Department for the procedure in Affairs, focusing on the transfer of the right of the utility model application, on other legal dispositions of such a right, registered utility model - with the exception of the creation of the search report and the acknowledgement of a waiver on a utility - or on applications for restitutio in integrum relate" , where not the invalidity Division is responsible;

3. the invalidity Division for the procedure on applications for annulment, withdrawal, declaration subject to, on naming as inventor, on recognition of the prior user right and finding applications."

2. § 33 par. 1 Z 4 is omitted.

3. sections 35, 37 and 37a and headings are eliminated.

4. § 36 para 2 is as follows:

"The presence of three members is sufficient (2) for interim decisions of the cancellation Division. Procedure adjusting decisions without any need for a decision in the case itself, decisions in accordance with paragraph 3, as well as decisions on claims to the fees entitlement Act shall be by the Chairman. "

5. paragraph 39 paragraph 1:

"(1) who in Affairs of the utility before the Patent Office as a representative will intervene, must have his residence or its branch in the country; the professional rules for attorneys at law, patent attorneys and notaries however. The representative has his authorization by a written power of attorney to demonstrate that to submit is original or duly certified copy. Several people are empowered, so also each one alone to the representation shall be authorized.'

6 paragraph 39 paragraph 4:

"(4) a person who has neither domicile nor establishment in Germany, can only assert rights under this federal law before the Patent Office, if he is represented by a lawyer, patent attorney or notary. If there are residence or place of business in the EEA or the Swiss Confederation, the appointment of a resident domestic ad litem sufficient for the assertion of rights under this federal law. The requirement of the main residence in Germany does not apply to nationals of EEA States parties if deliveries by treaties with the State of residence of the ad litem or otherwise are ensured. "For the use of services and information services of the Patent Office is neither the appointment of a representative of a process agent required."

7 paragraph 39 paragraph 6:

"(6) the authorization for representation before the Patent Office granted a lawyer, patent attorney or notary authorized by law, all rights under this federal law before the Patent Office and - insofar as he empowered by law to refrain from utility model, to bring applications to be treated as well as appeals by the invalidity Division and to withdraw, also dismiss comparisons is the appeal instances to assert, to login utility, in particular, to restrict logins or to withdraw -, ", To accept deliveries of all kinds and official fees and proceedings to be reimbursed by the enemy - and representation costs, as well as to order a Deputy."

8 paragraph 44 paragraph 1:

"(1) only the commercial court of Vienna is responsible for actions and injunctions under this Federal Act." Regardless of the value of the dispute, the Senate has (§ 7 para 2 first sentence JN) to decide. This also applies to interim injunctions. For the Senate composition in first and second instance § 50 d para 1, § 50 d para 2 is to apply in third instance."

9. after article 45 the following main unit VII. is inserted:

"VII. THE HIGHER REGIONAL COURT OF VIENNA AND THE SUPREME COURT AS THE APPEAL INSTANCES"

10 the §§ 46 to 50 d along with headings are:

"A. Appeals against the decisions of the technical department and the Legal Department of the Patent Office"

Appeals

46. (1) the decisions of the technical department and the legal department can be challenged by appeal to the Oberlandesgericht Wien.

(2) against the orders of the officer preparatory to a decision of the technical division or legal Division, no appeal is allowed.

Procedure

§ 47. Except military law (AußStrG), Federal Law Gazette apply to the appeal procedure I no. 111/2003, by analogy with the exception of sections 44 and 49 AußStrG following features: 1. references in the AußStrG on the Court of first instance considered references to the technical division or legal Division.

2. the appeal and the time limit for replying to appeals amount to two months; they are non-renewable.

3. new facts or evidence may be put forward only to support or to refute the facts in time put forward at first instance and evidence.

4. a timely submitted appeal is flawed, the Commissioner has to set a deadline for the appeals advertisers. Belatedly handed recourses or recourses, which does not improve within the deadline, are rejected by the Department in the composition in which the contested decision was adopted. Appeals against decisions of the authorised official are to be rejected by the competent Member.

5. decisions pursuant to section are 50 AußStrG to adopt the contested decision was adopted by the Department in the composition. Decision has been adopted by the authorized official the Commissioner has to decide.

6 § 51 para 1 AußStrG is with the provision to apply, that the files relating to the case, where appropriate, are to be submitted with an enlightening report.

7. the parties have the costs of the proceedings to carry itself.

8 appeal decisions of the Court of appeals are to deliver by the appeals court.

Appeal

Section 48 (1) against a decision of the Court of Appeal judgment in the appeal procedure may AußStrG the appeal in accordance with the § 62.

(2) the provisions of the AußStrG for the review appeal procedure shall apply mutatis mutandis with the following characteristics: 1 the revision appeal and the time limit for replying to review appeals amount to two months; they are non-renewable.

2. the appeal and, where appropriate, the registration idea are to introduce the Court of appeals; the rejection follows § 67 AußStrG by the appeals court. Except in the case of § 68 para 4 Z 2 AußStrG is to introduce revision appeal answering the Court of appeals.

3. the parties have the costs of the proceedings to carry itself.

B. Appeals against resolutions and decisions of the nullity Division of the Patent Office

Appeal

49. (1) the final decisions of the nullity Division of the Patent Office may be challenged by appeal to the Oberlandesgericht Wien.

(2) the provisions of civil procedure (ZPO), RBGl. apply appeal No. 113/1895, by analogy with the exception of article 461 para 2 ZPO and following features: 1.

References are considered as references to the cancellation Division in the CCP to the Court of first instance.

2. the deadline for appeal and the time limit for appeal answering exceed two months; they are non-renewable.

3. an appeal in time presented is flawed, the legally qualified officer of the cancellation Division has to set a deadline for the appeals advertisers. The deficiencies are remedied within the time limit, the appeal is considered properly brought.

4. appeal decisions of the Court of appeal are to be to the Court of appeal.

Appeals

Section 50 (1) against a preliminary injunction of the speakers is no appeal allowed. Against the decisions of the cancellation Division in the course of the pre-trial or trial a separate appeal held not subject to paragraph 2, they may be challenged only with the appeal, unless they have had an influence on the final decision.

(2) against interruption of decisions, resolutions, with which an appeal is rejected, decisions in accordance with § 34 paragraph 2 in conjunction with article 130, paragraph 2 the appeals at the higher regional court of Vienna is patent law as well as decisions on claims to the fees entitlement Act permitted. Decisions of the Court of appeal can be appealed in accordance with the § 519 ZPO at the Supreme Court.

(3) the provisions of the code of civil procedure for the appeal procedure shall apply mutatis mutandis with the following characteristics: 1. references in the code of civil procedure the Court of first instance considered references to the cancellation Division.

2. Appeals are first sentence referred to in paragraph 2 when the invalidity Division, to bring appeals according to para 2 second sentence at the Court of appeal.

3. a timely submitted appeals has pursuant to par. 2, first sentence, defects, the legally qualified officer of the invalidity Division or the Chairman shall, if the decision stood alone to him, to set a deadline for the appeals advertisers to improve. The deficiencies are remedied within the time limit, the appeal is considered timely brought.

4. appeal decisions of the Court of appeals are to deliver by the appeals court.

Revision and appeal

§ 50a. (1) judgments of the Court of appeal the revision is the appeal pursuant to the § 502 ZPO, against a decision of the Court of appeal in accordance with of article 528 ZPO allowed.

(2) the provisions of the code of civil procedure for the review procedure shall apply mutatis mutandis with the following characteristics: 1 the revision period and the period for replying to revision exceed two months; they are non-renewable.

2. the revision is to bring to the Court of appeal. The references to the Court of first instance considered references to the Court of appeal, with the exception of those which relate to the remittal to the first instance. Except in the case of 507a par. 3 No. 2 ZPO revision answering to the Court of appeal is to bring.

(3) the provisions of the code of civil procedure for the revision appeals procedure shall apply mutatis mutandis with the proviso that the appeal to the appeal court to bring is.

C. common provisions

Legal aid

section 50 b. legal aid for an appeal after this main piece is to apply for the Patent Office. On the request for the grant of legal aid, the cancellation Division has by decision to decide by one of the Chairmen. Section 7 para 2 AußStrG, the sections 63, 64, 66 to 73 ZPO and § 45 No. 96/1868, are RAO, RGBl. with the provision to apply, that references to the Court considered to be references to the cancellation Division. The assistance of a patent lawyer for the appeal proceedings before the higher regional court of Vienna can be granted instead of the assistance of a lawyer. Appeal within two weeks may be raised against the decision.

Delivery, representation, admission into the proceedings, access to the file

§ 50c. (1) the service of documents by the Patent Office in an appeal after this main piece according to § 34 paragraph 2 in conjunction with articles 85 and 86 of the patent law 1970.

(2) in proceedings before the higher regional court of Vienna also patent attorneys and notaries are entitled to representation. Citing the authorization replaced their documentary evidence.

(3) in inter partes proceedings, the purchaser of a dispute snagged right even without the consent of the opponent in the process can occur.

(4) on the appeal after this main piece inspection section 38 is to apply mutatis mutandis.

Composition of the Senate

§ 50 d. § 8 para 2 is JN to apply subject to the proviso that the place of the Laienrichters can be exercised either by professional magistrates out of the trade or by other persons with special expertise, such as in particular members of the Patent Office, appointed by the Federal Minister of Justice on the proposal of the Federal Minister for transport, innovation and technology, each for a term of five years. Be ordered members of the Patent Office or other federal employees as lay magistrates, they provide the activity as professional lay as official task and are independent and bound by any instructions in the performance of their duties. Articles 19 to 25 JN are to apply by analogy.

(2) the Supreme Court has to decide which includes two lay next to three judges referred to in paragraph 1 in a Senate with remedies against a decision of a decision of the technical division or cancellation Division.

(3) insofar as nothing else is determined, are the provisions applicable to professional magistrates from the trading booth to apply mutatis mutandis. The President has appointed a member of the Senate to the speakers."

11. According to section 51a, the following paragraph is inserted 51 b:

"article 51 b § 176 1970 is b of the patent law to apply."

12. According to § 53a para 5, the following paragraph 6 is inserted:

"(6) section 33 para 1 Nos. 2 and 3, article 36, paragraph 2, article 39, paragraph 1, 4 and 6, § 44 para 1, the heading of the VII. main piece, §§ 46 to 50 d including headings, paragraphs 51 b and 54 No. 4 as amended by the patent and trademark law amendment 2014, Federal Law Gazette I no. 126/2013, with 1 January 2014 into force." At the same time Z kick § 33 para 1 4, sections 35, 37 and 37a including headings as previously amended except force."

13 paragraph 54 No. 4: "4. with regard to section 33 para 2 in conjunction with section 126 of the patent law 1970, as well as in terms of §§ 49 to 50 d of the Federal Minister for transport, innovation and technology and the Federal Ministry of Justice," article 3

Amendment of the patent Treaties Implementation Act

The patent treaties introduction Act, Federal Law Gazette No. 52/1979, as last amended by Federal Law Gazette I no. 126/2009, is amended as follows:

1. paragraph 16 paragraph 2:

"(2) the Patent Office is the designated Office, the applicant within the hiefür in the article 22 PCT period prescribed, if the Austrian Patent Office is receiving not at the same time, to pay a fee for the national phase. Is the application not in German language, a translation into German is also within the same time limit to submit."

2. paragraph 23 para 3:

"(3) § 76 PatG is to apply mutatis mutandis to the formalities officer."

3. According to § 25a, the following section shall be inserted 25 b:

"section 25 b. § 16 par. 2 and § 23 paragraph 3 as amended by the patent and trademark law amendment 2014, Federal Law Gazette I no. 126/2013, with 1 January 2014 into force."

Article 4

Amendment of the protection certificate Act

The protection certificate Act 1996, Federal Law Gazette I no. 11/1997, amended by Federal Law Gazette I no. 81/2007, is amended as follows:

1. paragraph 7:

„§ 7. The sections 8 to 11, 14 to 27, 30 to 45, 46 para 2 and 3, sections 47, 48 are in addition to the provisions of regulations of the European Community concerning the creation of supplementary protection certificates and this Federal Act on pending and granted supplementary protection certificates and proceedings relating to this protection certificates, par. 2 and 3, paragraphs 49 to 57, 57B to 61, 62 para 1, 2 and 7 ", sections 62a, 63, 64, 66 to 79, section 80, paragraph 2, articles 81 to 86, 92, 112 to 165, 173, 175, 176 b, 178 and 179 of the patent law 1970 apply by analogy to."

2. § 11 the following paragraph 5 is added:

"(5) § 7 as amended which patent and trade mark law amendment to 2014, Federal Law Gazette I acts no. 126/2013, with 1 January 2014 into force."

Article 5

Amendment to the semiconductor Protection Act

The semiconductor Protection Act, Federal Law Gazette No. 372/1988, as last amended by Federal Law Gazette I no. 96/2006, is amended as follows:

1. paragraph 16 paragraph 3:

"(3) to the decision-making in matters that relate to granted semiconductor protection law, is, if not the courts or the nullity Division of the Patent Office are responsible, appointed after the allocation of business legally qualified member of the legal department."

2. paragraph 16 paragraph 6 and 7:

'(6) the invalidity Division shall decide by three members of which one shall preside. At least one Member shall be legally qualified.

(7) the articles 58 to 61 and 76 of the patent law 1970 shall apply."

3. paragraph 17:

"article 17. "Unless otherwise provided, sections 52 to 56, 64, 66 to 69, 77 to 79, 82 to 86, 112 to 126, 127 are on the procedure section 1, 2, 4 and 5, § 128 first sentence to apply section 128a to 146 of the patent law 1970 by analogy."

4. paragraph 23 paragraph 1:


"(1) only the commercial court of Vienna is responsible for actions and injunctions under this Federal Act." Regardless of the value of the dispute, the Senate has (§ 7 para 2 first sentence JN) to decide. This also applies to interim injunctions. For the Senate composition in first and second instance, section 146 (1) of the Patent Act is in 1970, in third instance, § 146 paragraph 2 of the Patent Act is to apply in 1970."

5. § 26b is added the following paragraph 5:

"(5) § 176 b of the patent law of 1970 is to apply."

6 section 27 the following paragraph 8 is added:

"(8) § 16 para. 3, 6 and 7, § § 17, 23 paragraph 1 and article 26b paragraph 5 as amended by the patent and trademark law amendment 2014, Federal Law Gazette I no. 126/2013, with 1 January 2014 into force."

Article 6

Amendment of the trademark law

The trademark protection law 1970, BGBl. No. 260, amended by Federal Law Gazette I no. 126/2009, is amended as follows:

1. paragraph 2 subsection 3:

"(3) trademark rights, as a result of Regulation (EC) No. 207/2009 on the Community trade mark, OJ" No. L 78 of 26.2.2009, S 1, be purchased, due to this Federal Act acquired trademark rights equal to keep, unless otherwise specified Community provisions concerning the essence of the brand. In addition the requirements the VIII. apply section."

2. § 17 para 2 No. 1 is: "1 attributable to the registry a request for conversion pursuant to article 112 of Regulation (EC) No. 207/2009, the filing date of the Community trade mark in accordance with article 27 of this Regulation shall be deemed date of filing within the meaning of para 1 No. 3. If necessary, also under article 34 or 35 of this regulation related to seniority in the register is to enter."

3. paragraph 20 paragraph 3:

"(3) there are concerns about the admissibility of the registration in accordance with article 4, paragraph 1 Z 3, 4 or 5, shall at the request of the applicant prior to the dismissal decision to determine that the sign applied only under the conditions of section 4 paragraph 2 is registerable; "such a decision can appeal (§ 37 para 1) be challenged."

4. paragraph 24 section 4:

"(4) the obtaining or maintaining the rights depends on whether priority was rightfully claimed, the any is to prove. "Decree of the President of the Patent Office is to determine which documents in proceedings before the Patent Office for such proof (priority documents) required and when these documents are to be submitted."

5. § 29a paragraph 4 reads:

"If (4) if the payment of the opposition fee does not initiate within the opposition period, the opposition is regarded as not appropriate."

6 paragraph 29 b paragraph 1:

"(1) the trade mark proprietor is to put after the expiry of the opposition period of all timely received contradictions in knowledge and it is him adequate to reimburse a written statement, respect worthy reasons to grant renewable period. Within this period, the trade mark proprietor has to impose, where appropriate, the plea of lack of use of contradiction giving rise trade mark (paragraph 3). The trade mark proprietor brings a statement within the time limit set, is so readily procedure application to have the total or partial lifting of the trade mark, even if the opposition is based on an application, that still did not at the time of the decision to the registry. The provisions stated in the section 35 para. 5 appeals against are to apply in opposition proceedings, unless otherwise determined below."

7 paragraph 35 paragraph 1:

"(1) in the Patent Office section is to the decision-making process and the other transactions in all matters of trademark protection, as well as the protection of geographical indications and designations of origin after the VII., as far as they are not the President or the cancellation Division, appointed the competent according to the distribution of business member of the legal department entrusted with these matters."

8 § 35 be added following paragraph 5 and 6:

"(5) In addition the sections 52 to 56, 57 b, § 62 para 8, sections 64, 66 to 69, 79, 82 to 86, 112-115, 116 to 126, 127 are, insofar as hereafter nothing more is intended on the procedure section 1, 2, 4 and 5, § 128 first set, 1970 apply by analogy to section 128a to 133 paragraph 2, sections 134, 135, 137 and 165 of the patent law."

(6) carried out in the Austrian trademark Gazette publications provided in § 17 para 5, § 28 para 5 and § 29 par. 2. The approval of the re-establishment of rights is to be published, if this will restore the trademark law in the Austrian trademark Gazette."

9 articles 36 to 43 and headings are:

"36. (1) members of the Patent Office are excluded under the conditions of section 76 para 1 of the patent law 1970 from participation.

(2) members of the Patent Office are excluded from participation in the invalidity Division 1 in the procedure on applications for cancellation of a mark under section 30 or subsequent declaration of invalidity of a trade mark in accordance with § 69a in conjunction with section 30, whose examination on similarity (sections 21 and 22) or whose examination in opposition proceedings, if it is same concerned trademarks (sections 29a to 29 c) , they have collaborated

2. in proceedings concerning applications for cancellation of a mark under section 33 or subsequent declaration of invalidity of a trade mark in accordance with § 69a in conjunction with section 33, where they participated in the decision on the admissibility of the registration.

(3) the provisions of section 76, paragraph 2 and 3 of the patent law 1970 shall apply mutatis mutandis.

Appeals against the resolutions and decisions of the Legal Division of the Patent Office be challenged section 37 (1) which can decisions of the Legal Department through appeals to the higher regional court of Vienna.

(2) except - no appeal is allowed preparatory against the a decision of the Legal Department of injunctions of the speakers and interim decisions - suspension decisions in opposition proceedings.

(3) on the procedure is § 139 of the patent law 1970 mutatis mutandis apply.

section 38. Against a decision of the Court of Appeal handed down in appeal proceedings the appeal may AußStrG accordance of § 62. On the procedure § 140 para 2 of the Patent Act is in 1970 by analogy to apply.

Invalidity proceedings

Section 39 (1) requests for cancellation of a registered mark (sections 30 to 34 and section 66) on proposals on transfer (section 30a), as well as on proposals for subsequent declaration of invalidity of a trade mark (section 69a) decides the cancellation Division by three members of which one shall preside. The Chairman and another Member must be legally qualified.

(2) by way of derogation from paragraph 1 procedure adjusting decisions without any need for a decision in the case itself, decisions follow the invalidity Division after para 3 as well as decisions on claims the fees entitlement Act by the Chairman.

(3) the judge proprietor brings within the set time limit no Gegenschrift, that has to have the total or partial cancellation or transfer of the trade mark invalidity application without further proceedings or to subsequently determine the total or partial invalidity of the trade mark. If in a process the deletion as well as the transfer of a trade mark is sought, so the invalidity Division has, unless otherwise specified in the request, to have the transmission.

Appeals against resolutions and decisions of the nullity Division of the Patent Office

section 40. The final decisions of the nullity Division of the Patent Office may be challenged by appeal to the Oberlandesgericht Wien. On the procedure, § 141 para 2 of the Patent Act is in 1970 by analogy to apply.

Section 41 (1) against a preliminary injunction of the speakers is no appeal allowed. Against the decisions of the cancellation Division in the course of the pre-trial or trial a separate appeal held not subject to paragraph 2, they may be challenged only with the appeal, unless they have had an influence on the final decision.

(2) against interruption decisions, resolutions, with which an appeal is rejected, decisions pursuant to section 130, paragraph 2, of the patent law 1970, as well as decisions on claims to the fees entitlement Act, the appeal to the higher regional court of Vienna is allowed. Decisions of the Court of appeal can be appealed in accordance with the § 519 ZPO at the Supreme Court.

(3) on the appeals procedure is section 142, paragraph 3, of the patent law 1970 mutatis mutandis apply.

§ 42. Against judgments of the Court of appeal the revision is the appeal in accordance with the § 502 ZPO, against a decision of the Appeals Court (§ 41 para 2) in accordance with of article 528 ZPO allowed. On the procedure, article 143, paragraph 2 and 3 of the Patent Act is 1970 mutatis mutandis apply.

The §§ 144 (legal aid) and 145 para 1 to 3 (delivery, representation, entry in the process) of the patent law 1970 are section 43 (1) apply by analogy.

(2) for the Senate composition at the higher regional court of Vienna in appeal proceedings against a decision of the Legal Division or cancellation Division article 146, paragraph 1 and 4 of the Patent Act is in 1970 by analogy to apply."


10. after article 56, the following section 56a is inserted:

'article 56a. Actions and injunctions under this section only the commercial court of Vienna is responsible for."

11 § 60a para 2 and 3 is:

"(2) the jurisdiction in criminal matters under this section is entitled to the regional court for criminal matters in Vienna.

(3) the provisions of the 17 main section of the code of criminal procedure (StPO), Federal Law Gazette 1975 apply for the assertion of claims according to § 53 Nr 631/1975. Against the saying about the compensation claim the appeal is entitled to both."

12 paragraph 61 paragraph 1:

'(1) Whoever as a representative before the Patent Office will intervene, must have his domicile or establishment in the national territory; the professional rules for attorneys at law, patent attorneys and notaries however. The representative has his authorization by a written power of attorney to demonstrate that to submit is original or duly certified copy. Several people are empowered, so also each one alone to the representation shall be authorized.'

13 paragraph 61 par. 4 and 5:

"(4) a person who has neither domicile nor establishment in Germany, can only assert rights under this federal law before the Patent Office, if he has a representative who complies with the requirements of paragraph 1. Before the nullity Division of the patent office he can only assert these rights, if he is represented by a lawyer, patent attorney or notary. If there are residence or place of business in the EEA or the Swiss Confederation, the appointment of a resident domestic ad litem sufficient for the assertion of rights under this federal law. The requirement of the main residence in Germany does not apply to nationals of EEA States parties if deliveries by treaties with the State of residence of the ad litem or otherwise are ensured. For the use of services and information services of the Patent Office is neither the appointment of a representative of a process agent required.

(5) authorized him a lawyer, Attorney, patent attorney or notary to representation before the Patent Office issued law, all rights under this federal law before the Patent Office and - insofar as it is authorised by law - before the appeal instances claimed to make, apply in particular marks, to withdraw applications, to waive trademark rights, to submit applications to be treated as well as appeals by the invalidity Division and to withdraw, as well as close comparisons ", To accept deliveries of all kinds and official fees and proceedings to be reimbursed by the enemy - and representation costs, as well as to order a Deputy."

14. the heading of section VII is as follows:

"Geographical indications and designations of origin under the Regulation (EU) No. 1151/2012 through quality schemes for agricultural products and foodstuffs, OJ" No. L 343 of the 14.12.2012, p. 1 '

15 § § 68 to 68c are:

"68. (1) applications for the registration of a name as a geographical indication or designation of origin under Regulation (EU) No. are 1151/2012, on amendment of the specification or for cancellation of a registered denomination be filed with the Patent Office and to check this.

(2) by Decree of the President of the Patent Office, the unit can be used to form and content of these applications closer regulated and location and type of no. set 1151/2012 carried publications within the framework of enforcement of Regulation (EU). Should be utmost expediency and simplicity as well as electronic publications, especially on the recognition of the date of publication and the status of the process, carefully take the required data security and the simple but lasting accessibility of data during the existence of the community protection.

(3) if the application does not meet the prescribed requirements, the applicant is to urge, to remedy the deficiencies within a specific period extendable on request. Not improved applications must be rejected by decision.

(4) if nothing else is in this section, the other provisions of this Federal Act on the procedures referred to in this section shall apply mutatis mutandis.

§ 68a. (1) the Patent Office published the proper application in electronic form as well as a reference to this publication in the Patent Gazette. Three months from the date of electronic publication, objection may be raised against this proposal to the Patent Office, in writing. The reasoned objection must be received at the latest on the last day of the period in the Patent Office together with all annexes. A restitutio in integrum due to failure to comply with the time limit for opposition or the appeal period (para 7) does not take place.

(2) the admissible opposition is to place the applicant to reimburse a written statement within a reasonable period as extendable reasons worthy of consideration. A timely written statement is omitted as deemed withdrawal of the application.

(3) after timely utterance, the proper agent for an about necessary correspondence, proving the evidence offered by the parties, as well as the recording of evidence meets the appropriate orders. He has at the request of a party, or if it considers this necessary in individual cases to decide on the opposition, officio a hearing to schedule, which he opened and leads. He has to convince himself of the identity of the appearing party, to check their party position and the possible power of representation, as well as to conduct that guarantees the right to a hearing the parties negotiating without approval of digressions or Weitläufigkeiten. As a negotiator, he determines the order in which the parties are to hear, to record the evidence and earlier recorded to present the results of evidence or surveys and discuss. He decides on applications for proof and has obviously insignificant amendments must be rejected. The authority is also to him, to interrupt the proceedings as required and to adjourn and orally to determine the timing for the continuation of the negotiations. Of the proceedings, a log is to record. The reviewer has to decide under free assessment of the facts and evidence.

(4) the Parties shall have the costs of opposition proceedings to carry itself. The fees entitlement Act - GebAG, shall apply.

(5) the application complies with the requirements of the Regulation (EU) No 1151/2012 and the national and Community rules adopted for their application, this determines the Patent Office, if necessary, under simultaneous rejection of receivability raised, with decision and published this positive decision in electronic form. Otherwise, your application decision is, if not to proceed according to paragraph 8, be dismissed.

(6) in the positive decision para. 4 of Regulation (EU) can be set under the conditions of article 15 No. 1151/2012 a transitional period that is appropriate to the circumstances of the individual case.

(7) against the decision in accordance with paragraph 5 of the appeal if the appeal is open to any natural or legal person with a legitimate interest and business or establishment in Germany two months from the electronic publication of the decision.

(8) is established within the framework of the examination of the grounds for opposition put forward that the information published in accordance with paragraph 1 of the only document not just slightly need to be modified, is the above set forth procedures to perform again.

Article 68 b. (1) objections under article 51 of the Regulation (EU) No. 1151 / 2012 para 1 are two months from publication in the official journal of the European Union in accordance with article 51 having reference to levy under paragraph 2 of this regulation at the Patent Office and at the latest within a subsequent period of two months to establish. A restitutio in integrum due to non-observance of the opposition period or the period as the justification for does not take place.

(2) appeals late or not after the pattern of the provided form is considered to be not collected.

(3) the competent authority for proceedings under article 51 (3) of Regulation (EU) No. 1151/2012 is the Patent Office.

section 68c. (1) on proposals for amending the specification referred to in article 53 para 2 1 set of Regulation (EU) No. 1151/2012 is in accordance with § 68 para 3 and 4 as well as according to § 68a to apply the procedure.

(2) requests for cancellation of a registered denomination in accordance with article 54 para 1 of the Regulation (EU) No. 1151/2012 is the procedure according to § 68 para. 3 and 4, as well as § 68a para 1 to 5, 7 and 8 in accordance with applicable."

16 § 68f paragraph 1 reads:


"(1) who in the course of trade makes actions that violated article 12 paragraph 1 or article 13 of the Regulation (EU) No. 1151 / 2012 violated, can legitimate the use of the protected geographical indication or designation of origin, or by associations for the promotion of economic interests of entrepreneurs, as far as these associations interests, which by the Act are affected by the Federal Chamber of labour, the Austrian Chamber of Commerce, the Conference of Presidents of the Chambers of agriculture in Austria or the Austrian Federation of trade unions to refrain from and" , as far as him the Moreover available to, also on disposal of the abovementioned provisions of conflicting State claims to be taken. § 52 paragraph 2 to 6 is to apply mutatis mutandis."

17 § 68i para 2 is as follows:

"The provisions of the 17 main section of the code of criminal procedure (StPO), Federal Law Gazette 1975 apply (2) for the assertion of claims under section 68f subs. 2 No. 631/1975." Against the saying about the compensation claim the appeal is entitled to both."

18 § 68j is as follows:

"§ 68j. (1) for complaints under this section, the Vienna commercial court of first instance is exclusive jurisdiction without regard to the value of the dispute. In these cases, also the exclusive jurisdiction for injunctions comes to the commercial court of Vienna.

(2) the jurisdiction in criminal matters under this section is entitled to the regional court for criminal matters in Vienna."

19 § § 69 and 69a para 1 are:

"§ 69. applications for Community trade marks can in accordance with art. 25 par. 1 b of Regulation (EC) No. 207/2009 on the Community trade mark, OJ" No. L 78 of the 26.2.2009 S. 1, the Patent Office will be submitted. The Patent Office noted the day of their arrival on the registration and forwards unchecked within the in article 25 paragraph 2 of this Regulation provided for period of two weeks at the Office of harmonization for the internal market (trade marks, marks and designs) in Alicante the documents.

section 69a. (1) for a pending or registered Community trade mark in accordance with article 34 and 35 of Regulation (EC) No. 207/2009 the seniority of a trade mark registered in the trademark register of the Patent Office or a mark, which is protected on the basis of international registration in Austria, and was in claim substantiated the seniority of trade mark due to renunciation of the owner or not timely renewal that has been deleted ', so can, based on the deletion of facts of sections 30 to 34 and of section 66, subsequently established the invalidity of the trade mark. '

20 paragraph 69b No. 4: "4. unless it is represented pursuant to § 61 by an authorised representative or a representative ad litem has made famous, an address in accordance with article 114 para 3 lit. (c) of Regulation (EC) to announce No. 207/2009."

21 § 69c para 2 is as follows:

"(2) the application for conversion relates to a brand that was already registered as a Community trade mark, as is the brand not on legality (article 20) to check and without any possibility of contradiction (§ 29a) after registration."

22 section 69 d subsection 1 is as follows:

"(1) Community trade mark court of first instance in accordance with article 95 paragraph 1 of Regulation (EC) No. 207/2009 is without regard to the value of the dispute the Commercial Court Vienna." In cases where the Community trade mark court actions is responsible, also the exclusive jurisdiction for injunction comes to this."

23 § 70 para 3 is as follows:

"(3) the request relates to an international registration, already a declaration of granting protection no. 109/1997, was submitted under rule 18th paragraph 1 or 2 of the common regulations under the Madrid Agreement concerning the international registration of marks and the Protocol to this agreement, BGBl. III at the at the time of the cancellation or the time limit for refusal of protection referred to in article 5 is already r.p.m elapses para. 2 of the Protocol ", so is the brand not on legality (article 20) to check and without any possibility of contradiction (§ 29a) after registration."

24. under section 77, b the following section 77 c is inserted:

"§ 77c." (1) article 176 b of the patent law 1970 shall apply.

(2) the end of one at the time of entry into force of the Federal Act Federal Law Gazette I no. 126 / 2013 ongoing appeal period pursuant to § 68a para 1 is determined pursuant to § 68a para 1 as amended before the entry into force of the Federal Act.

(3) that I no. 126/2013 are sections 56a, 60a paragraph 2 and § 68j, as amended by Federal Law Gazette on procedures to apply, which introduced the action or private accusation after 31 December 2013.

(4) § I no. 126/2013 are 69 c (2) and § 70 para 3 as amended by Federal Law Gazette - as far as they concern the exclusion of converted CTM and converted international registrations by the opposition - to apply exclusively to national trade marks published after the entry into force of this federal law."

25 paragraph 80 Z 1: "1. with regard to articles 10, 10a, 10B, 12, 14, 23, 37, 38, 40 to 43 and 57 of the Federal Minister for transport, innovation and technology and the Federal Ministry of Justice," 26 § 80 Z 3 is: "3. with regard to the sections 13, 51-56a, 58 to 60B, of section 67 and sections of 68f to 68j of the Federal Minister for Justice,"



27.

section 81a the following paragraph 6 is added: "(6) § 2 para 3, § 17 para 2 Z 1, § 20 para 3, § 24 para 4, § 29a, subsection 4, section 29 section of b of paragraph 1, article 35, paragraph 1, 5 and 6, § 36-43, including headings, sections 56a, 60a paragraph 2 and 3, article 61, paragraph 1, 4 and 5, the heading of the VII. section, §§ 68 to 68 c, section 68f para 1" ", section 68i para 2, § 68j, §§ 69, 69a para 1, § 69 b No. 4, § 69 c para 2, § 69 d para 1, § 70 para 3, §§ 77 c and 80 Nos. 1 and 3 as amended by the patent and trademark law amendment 2014, Federal Law Gazette I no. 126/2013, with 1 January 2014 into force."

Article 7

Amending the design protection act of 1990

The design Protection Act 1990, BGBl. No. 497/1990, as last amended by Federal Law Gazette I no. 151/2005, is amended as follows:

1. paragraph 26:

"§ 26 (1) to the decision-making and the other transactions in matters of design protection is responsible, unless provided in this Federal Act intended, the Patent Office. In the Patent Office do so according to the allocation of business member of the legal department responsible for these matters is called as far as they are not the President or the invalidity Division.

"(2) sections 52 to 56, 57 par. 2, §§ 57 b, 58, 58a, 58 b, 60, 61, 64, 66 to 69, 76, 79, 82 to 86 and 126 to 137 of the patent law 1970 shall apply mutatis mutandis."

2. paragraph 27 paragraph 2:

"(2) section 76 of the patent law of 1970 is to apply mutatis mutandis to the authorised official."

3. § 28 together with the header is omitted.

4. the heading of section 29 reads:

"Proceedings before the nullity Division"

5. paragraph 29 paragraph 2:

"(2) the invalidity Division negotiated 115 subsection 2 to 4, article 116 paragraph 2 to 5, 117 to 120 and 122 to 125 of the patent law on the applications referred to in paragraph 1 and claims by way of analogous application of § 112 para 2 to 114a, 1970. A hearing is to schedule only if the competent member held for necessary or requested by a party."

6 section 30 is eliminated.

7 paragraph 32 section 1:

'(1) Whoever in matters of design protection intervenes before the Patent Office as a representative, must have his residence in the country; the professional rules for attorneys at law, patent attorneys and notaries however. The representative has his authorization by a written power of attorney to demonstrate that to submit is original or duly certified copy. Several people are empowered, so also each one alone to the representation shall be authorized.'

8 paragraph 32 para 4 and 5:

"(4) a person who has neither domicile nor establishment in Germany, can only assert rights under this federal law before the Patent Office, if he has a representative who complies with the requirements of paragraph 1. Before the nullity Division of the patent office he can only assert these rights, if he is represented by a lawyer, patent attorney or notary. If place of residence or place of business are located in the European economic area, the appointment of a resident domestic ad litem sufficient for the assertion of rights under this federal law. The requirement of the main residence in Germany does not apply to nationals of EEA States parties if deliveries by treaties with the State of residence of the ad litem or otherwise are ensured.

(5) authorized him a lawyer, Attorney, patent attorney or notary to representation before the Patent Office issued law, all rights under this federal law before the Patent Office and - insofar as it is authorised by law - before the appeal instances claimed to make, to enroll in particular patterns, to withdraw applications, registered patterns to abandon, to submit applications to be treated as well as appeals by the invalidity Division and to withdraw, also close comparisons ", To accept deliveries of all kinds and official fees and proceedings to be reimbursed by the enemy - and representation costs, as well as to order a Deputy."

9. after the 5th main we the following VI. main piece inserted:


"VI. THE HIGHER REGIONAL COURT OF VIENNA AND THE SUPREME COURT AS THE APPEAL INSTANCES"

10 the sections 40-43e along with headings are:

"A. Appeals against the decisions of the Legal Division of the Patent Office"

Appeals

40. (1) the decisions of the legal department can be challenged by appeal to the Oberlandesgericht Wien.

(2) against the orders of the officer preparatory to a decision of the Legal Department, no appeal is allowed.

Procedure

section 41. Except military law (AußStrG), Federal Law Gazette apply to the appeal procedure I no. 111/2003, by analogy with the exception of sections 44 and 49 AußStrG following features: 1. references in the AußStrG on the Court of first instance considered references to the legal department.

2. the appeal and the time limit for replying to appeals amount to two months; they are non-renewable.

3. new facts or evidence may be put forward only to support or to refute the facts in time put forward at first instance and evidence.

4. a timely submitted appeal is flawed, the Commissioner has to set a deadline for the appeals advertisers. Belatedly handed recourses or recourses, which does not improve within the prescribed deadline, must be rejected by the competent Member. Appeals against decisions of the authorised official are to be rejected by the competent Member.

5. decisions pursuant to section are 50 AußStrG to adopt the contested decision was adopted by the Commissioner. Decision has been adopted by the authorized official the Commissioner has to decide.

6 § 51 para 1 AußStrG is with the provision to apply, that the files relating to the case, where appropriate, are to be submitted with an enlightening report.

7. the parties have the costs of the proceedings to carry itself.

8 appeal decisions of the Court of appeals are to deliver by the appeals court.

Appeal

Section 42 (1) against a decision of the Court of Appeal judgment in the appeal procedure may AußStrG the appeal in accordance with the § 62.

(2) the provisions of the AußStrG for the review appeal procedure shall apply mutatis mutandis with the following characteristics: 1 the revision appeal and the time limit for replying to review appeals amount to two months; they are non-renewable.

2. the appeal and, where appropriate, the registration idea are to introduce the Court of appeals; the rejection follows § 67 AußStrG by the appeals court. Except in the case of § 68 para 4 Z 2 AußStrG is to introduce revision appeal answering the Court of appeals.

3. the parties have the costs of the proceedings to carry itself.

B. Appeals against resolutions and decisions of the nullity Division of the Patent Office

Appeal

43. (1) the final decisions of the nullity Division of the Patent Office can be challenged by appeal to the Oberlandesgericht Wien.

(2) the rules of civil procedure (ZPO), RBGl. relating to the appeal proceedings No. 113/1895, by analogy with the exception of article 461 para 2 ZPO and following features: 1. references in the code of civil procedure the Court of first instance considered references to the cancellation Division.

2. the deadline for appeal and the time limit for appeal answering exceed two months; they are non-renewable.

3. an appeal in time presented is flawed, the legally qualified member has to set a deadline for the appeals advertisers. The deficiencies are remedied within the time limit, the appeal is considered properly brought.

4. appeal decisions of the Court of appeal are to be to the Court of appeal.

Appeals

§ 43a. (1) against a preliminary injunction of the legally qualified member, no appeal is allowed. Against the decisions of the cancellation Division in the course of the pre-trial or trial a separate appeal held not subject to paragraph 2, they may be challenged only with the appeal, unless they have had an influence on the final decision.

(2) against interruption decisions, resolutions, with which an appeal is rejected, decisions pursuant to article 26 in conjunction with article 130, par. 2 of the patent law 1970, BGBl. the appeal to the higher regional court of Vienna is no. 259/1970, as well as decisions on claims to the fees entitlement Act permitted. Decisions of the Court of appeal can be appealed in accordance with the § 519 ZPO at the Supreme Court.

(3) the provisions of the code of civil procedure for the appeal procedure shall apply mutatis mutandis with the following characteristics: 1. references in the code of civil procedure the Court of first instance considered references to the cancellation Division.

2. Appeals are first sentence referred to in paragraph 2 when the invalidity Division, to bring appeals according to para 2 second sentence at the Court of appeal.

3. a timely submitted appeals has pursuant to par. 2, first sentence, defects, the legally qualified officer of the cancellation Division has to set a deadline for the appeals advertisers. The deficiencies are remedied within the time limit, the appeal is considered timely brought.

4. appeal decisions of the Court of appeals are to deliver by the appeals court.

Revision and appeal

§ 43 b. (1) judgments of the Court of appeal is the revision in accordance with the § 502 CCP, against a decision of the Court of appeal the appeal in accordance with the § 528 ZPO allowed.

(2) the provisions of the code of civil procedure for the review procedure shall apply mutatis mutandis with the following characteristics: 1 the revision period and the period for replying to revision exceed two months; they are non-renewable.

2. the revision is to bring to the Court of appeal. The references to the Court of first instance considered references to the Court of appeal, with the exception of those which relate to the remittal to the first instance. Except in the case of 507a par. 3 No. 2 ZPO revision answering to the Court of appeal is to bring.

(3) the provisions of the code of civil procedure for the revision appeals procedure shall apply mutatis mutandis with the proviso that the appeal to the appeal court to bring is.

C. common provisions

Legal aid

§ 43c. Legal aid is for an appeal after this main piece to apply for the Patent Office. On the request for the grant of legal aid, the cancellation Division has by decision to decide by one of the Chairmen. Section 7 para 2 AußStrG, sections 63, 64, 66 to 73 ZPO and § 45 No. 96/1868, are RAO, RGBl. with the provision to apply, that references to the Court considered to be references to the cancellation Division. The assistance of a patent lawyer for the appeal proceedings before the higher regional court of Vienna can be granted instead of the assistance of a lawyer. Appeal within two weeks may be raised against the decision.

Delivery, representation, admission into the proceedings, access to the file

section 43d. (1) the service of documents by the Patent Office in an appeal after this main piece according to § 26 para 2 in conjunction with articles 85 and 86 of the patent law 1970.

(2) in proceedings before the higher regional court of Vienna also patent attorneys and notaries are entitled to representation. Citing the authorization replaced their documentary evidence.

(3) in inter partes proceedings, the purchaser of a dispute snagged right even without the consent of the opponent in the process can occur.

(4) on the appeal after this main piece inspection article 31 is to apply mutatis mutandis.

Composition of the Senate

section 43e. The Senate composition at the higher regional court of Vienna article 146, paragraph 1 and 4 of the patent law is for 1970 by analogy to apply."

11 § 44 the following paragraph 5 is added:

"(5) § 176 (b) of the patent law 1970 and § 4 Verwaltungsgerichtsbarkeits transition Act, Federal Law Gazette I are no. 33/2013, apply by analogy."

12 § 46 the following paragraph 10 is added:

"(10) § § 26, 27 para 2, the heading of § 29, § 29 par. 2, article 32, paragraph 1, 4 and 5, the heading of the VI. main piece, §§ 40-43e, including headings, section 44 para. 5 and § 47 No. 2 as amended by the patent and trademark law amendment 2014, Federal Law Gazette I no. 126/2013, with 1 January 2014 into force." At the same time occur. section 28 including the heading and section 30 as previously amended override"

13 paragraph 47 No. 2: "2. with regard to section 26 paragraph 2 in conjunction with section 126 of the patent law of 1970 and of sections 40 to 43e of the Federal Minister for transport, innovation and technology and the Federal Ministry of Justice," article 8

Amendment of the Patent Office fees Act

The Patent Office fees Act, Federal Law Gazette I no. 149/2004, as last amended by Federal Law Gazette I no. 36/2011, is amended as follows:

1. paragraph 13 paragraph 8:

"(8) over the opposition of an applicant against one by the Patent Office under article 17 para 3 lit. a PCT or article 34, paragraph 3 lit. a PCT decides the technical department by three members, among which two technical members must be fixed additional charge. The Board of Directors of the Department has the Senate to belong to, who presides. The decision of the Tribunal may not be challenged by an appeal. The fee for the examination of the opposition is 220 euro."

2. paragraph 28:

"Section 28 (1) the fee is for: 1. the request for scheduled a hearing before the legal department or technical department 210 euros, 2."

any request to be negotiated before the nullity Division 450 euro, 3. the request for change of name or of the company of the applicant for or right holder 40 euro, 4. the request for change of the applicant for or right holder, on registration or cancellation of a license or license transfer, a lien or right of other, in particular REM 85 euro, 5. the request for change of the applicant or owner of an association mark 340 euro , 6. the application to register a dispute note 40 euro, 7 the request for further processing 150 euro, 8 the request for restitutio in integrum 220 euro.

(2) the fees set out in paragraph 1 are for each application and for each protection law to pay, which is the subject of the application.

(3) is granted an application for restitutio in integrum due to failure to comply with the payment of an annual fee, has become in the meantime due renewal fees within one month from the notification of the decision are without having to pay extra.

(4) after the final decision on a retrial become annual or renewal fees are now due within one month from notification of a communication of the Patent Office without paying surcharge."

3. pursuant to article 36, 37 the following section shall be inserted:

"§ 37. For requests, complaints and appeals, 2014, Federal Law Gazette I no. 126/2013 filed prior to the entry into force of the patent and trademarks law amendment, article 28, paragraph 1 and 2 in the prior to the entry into force of the Federal Act is amended further to apply."

4. § 40 14 the following paragraph is added:

"(14) § 13 para 8, §§ 28 and 37 as amended by the patent and trademark law amendment 2014, Federal Law Gazette I no. 126/2013, with 1 January 2014 into force."

Article 9

Modification of the plant variety protection Act 2001

The plant variety protection Act 2001, Federal Law Gazette I no. 109/2001, as last amended by Federal Law Gazette I no. 42/2005 is amended as follows:

1 paragraph 7 subsection 2:

"(2) a person who has domicile or seat in any Member State or EEA, may assert rights under this federal law prior to the Federal Agency for food safety and the Federal Ministry of agriculture and forestry, environment and water only through an authorised representative in Germany, before the cancellation Division and the higher regional court of Vienna by a legal practitioner or patent attorney."

2. paragraph 20:

"Section 20 (1) the nullity Division of the Patent Office decides in procedure 1 to the grant of a compulsory licence in accordance with § 6, 2. annulment and administrative transfer of plant variety rights pursuant to § 15, 3. to delete a denomination in accordance with section 18."

(2) on appeals against decisions of the cancellation Division is the patent law 1970 to apply.

(3) on the Senate composition in proceedings pursuant to paragraph 1 Nos. 1 and 2 is the patent law 1970 shall apply, that a Member belonging to has each Senate of the cancellation Division, which has been appointed by the Federal Minister for transport, innovation and technology on a proposal of the Federal Minister for agriculture and forestry, environment and water management. Only persons may be appointed who are competent in matters of plant variety protection. On the composition of the Senate in the appeal instances, § 146 paragraph 3 is to apply patent law 1970. On the composition of the Senate in the proceedings referred to in paragraph 1 Z 3 is the trademark protection law 1970 to apply."

3. section 22 par. 2 No. 9 is: "9 the reference to pending proceedings before the nullity Division of the Patent Office and the relevant appeal instances," 4. section 27 the following paragraph 5 is added:

"(5) § 176 b of the patent law 1970 is to apply mutatis mutandis."

5. § 28 the following paragraph 5 is added:

"(5) section 7, paragraph 2, sections 20, 22 2 Z 9, § 27 para 5, § 29 Z 3 as amended by the patent and trademark law amendment 2014, Federal Law Gazette I no. 126/2013, with 1 January 2014 into force."

6 paragraph 29 No. 3: "3. with regard to article 20 para 3 of the Federal Minister for transport, innovation and technology in agreement with the Federal Minister of agriculture and forestry, environment and the Federal Minister of Justice," article 10

Amendment of the patent attorney law

The Federal law that regulates the profession of patent attorney (Patent Attorney Act), Federal Law Gazette No. 214/1967, amended by Federal Law Gazette I no. 135/2009, is amended as follows:

1. paragraph 6 para 2 and 3:

"(2) the Chamber of patent attorneys has to display the entry in the list of patent attorneys to the Patent Office and to make the public announcement of the entry in the"Patent Gazette"at the expense of the respective patent agent to publish immediately and publicly available in the Internet on the website of the Chamber of patent attorneys (http://www.oepak.at).

"(3) the loss of a card issued pursuant to subsection 1 is from a patent attorney immediately the Chamber of patent attorneys and to show the Patent Office of this."

2. paragraph 7 subsection 4:

"(4) the Chamber of patent attorneys has to indicate the deletion in the list of patent attorneys to the Patent Office and to make the announcement of the cancellation in the"Patent Gazette"at the expense of the respective patent agent to publish on the Internet on the website of the Chamber of patent attorneys (http://www.oepak.at) immediately and publicly available."

3. Section 7a para 1 lit. c is eliminated.

4. paragraph 16 paragraph 1:

"(1) the patent attorney is entitled in appeals against decisions of the Patent Office before the higher regional court of Vienna, as well as on issues of plant variety protection before the competent administrative authorities to the professional consultancy in the field of inventions, plant variety protection, semiconductor protection, trademarks and pattern system, as well as the professional representation before the Patent Office."

5. paragraph 16 paragraph 3:

"(3) patent attorneys who participate in oral proceedings before the nullity Division of the Patent Office in the exercise of their profession, are entitled to wear an official dress. By Decree of the President of the Patent Office, the detailed provisions concerning the form of the official dress be made."

6 section 16c para 3 is as follows:

"(3) exist in the country of origin no professional organisations with disciplinary authority over the service providers patent attorney, is this the disciplinary treatment by the disciplinary board, by analogy with application of v subject to section. Disciplinary sanctions and provisional measures restricting the exercise of the profession, may be pronounced only with efficacy for the domestic. In place of the disciplinary sanctions in accordance with § 48 para 1 lit. c and d is the prohibition to provide services domestically."

7 paragraph 17 para 2:

"(2) it is in particular to secrecy on the matters entrusted to him in his capacity as a patent attorney and may refuse to include the statement as a witness before the courts and before administrative authorities with regard to these matters."

8 paragraph 23 paragraph 1:

"(1) the patent attorney is required, the free representation of parties in the patent grant procedure, to take over Vienna in the proceedings before the nullity Division, as well as in any appeal proceedings before the Court of appeal against the decision of the cancellation Division in patent matters in accordance with the following provisions."

9 paragraph 25:

"section 25. The choice and change of the firm seat liberty a patent attorney. He has however see the occurred change of the seat within three days of the Chamber of patent attorneys. This has thereof to immediately release the Patent Office and to make the public announcement of the transfer in the "Patent Gazette" at the expense of the relevant patent law, as well as to publish immediately and publicly available in the Internet on the website of the Chamber of patent attorneys (http://www.oepak.at)."

10 paragraph 26 para 1 and 2:

"(1) the patent attorney shall be entitled to be represented under his responsibility by one other patent attorney, a lawyer or a patent attorneys employed by him. Before the nullity Division of the Patent Office and in the appeal proceedings against the decision of the cancellation Division represented by a patent attorney candidate is however not accepted; but to allow him the word, when it requested the progressive a patent attorney or lawyer in the relevant hearings.

"(2) a different patent attorney or a lawyer to his representative is appointed due to prevent a patent lawyer from this for all matters leading to it and preventing lasts more than six weeks, representing the Chamber of patent attorneys is and display by the Patent Office."

11 § 34 paragraph 2 lit. c is: "c) the reimbursement of the proposal for the appointment of members members of the patent attorneys stand and alternate members of the disciplinary board (§ 51 para 2), as well as for the order of the disciplinary prosecutor and his deputies (§ 54 para 1);"

12 paragraph 37 paragraph 4:

"(4) the election result is the Federal Minister of transport to communicate innovation and technology and the Patent Office within a week."

13 § 48 para 1 lit. is c: c)

Setting the profession of patent attorney until the period of one year; against a patent attorneys is to represent his employer pursuant to § 26 para 1 instead of this penalty on loss of law, up to the maximum period of one year, as well as on the same long shift of time, which he can compete for the patent bar exam or be entered in the list of patent attorneys to identify;"

14 paragraph 48 paragraph 4:

"(4) any misconduct adult legal force is in the list of patent attorneys, to bookmark the login directory of service providers patent attorneys or in the list of patent attorneys. Final disciplinary sanctions referred to in paragraph 1 lit. c and d are according to § 16c para 3 to inform the Patent Office. Imposed such penalties on a patent attorney, they are at the expense of the relevant patent agent in the manner specified in § 6 par. 2 to publish."

15 paragraph 49:

"paragraph 49. For the implementation of the disciplinary procedure, the Disciplinary Committee is established at the Chamber of patent attorneys. Non-compensation expenses for the disciplinary procedure is to wear by the Chamber of patent attorneys."

16 paragraph 50:

"article 50. The Disciplinary Council consists of a legally qualified member of the Patent Office as Chairman, as well as from two patent attorneys as assessors. The members of the disciplinary board may belong to the Board of Directors of (§ 35)."

17 paragraph 51 para 1 to 3:

"(1) the members and alternate members of the disciplinary board by the Federal President for a six-year functional life nominated, namely a) the Chairman of the Disciplinary Committee and his deputy from among the legally qualified members of the Patent Office;"

(b) two members of the Disciplinary Committee, as well as three alternate members for the Disciplinary Committee from the District of patent attorneys.

(2) for their appointment a proposal the Federal Government right with regard to the members of the Patent Office the Federal Minister for transport, innovation and technology. In terms of patent attorneys, the Chamber of patent attorneys has the proposals to the Federal Minister of transport, to innovation and technology, that route are from this to the Government.

(3) in case of need is to supplement. the Disciplinary Council by appointment of members and alternate members for the rest of the function duration according to the provisions of paragraphs 1 and 2"

18 paragraph 52:

"52. (1) the members of the disciplinary board are bound in the exercise of this Office no instructions.

(2) the Federal Minister for transport, innovation and technology has the right to inform of all objects of the business leadership of the Disciplinary Committee."

19 paragraph 53:

"article 53. "The Office of a member of the disciplinary board, the Office of the disciplinary prosecutor (§ 54 para 1) and the Office of the investigation Commissioner (§ 61) are unbesoldete honorary posts, but has the Chamber of patent attorneys to pay cash outlays for the mentioned and to grant them the advances necessary for the implementation of the disciplinary procedure."

20 paragraph 54 para 1 and 2:

"(1) the disciplinary prosecutor and two deputies are appointed by the Federal President for a six-year lifespan from the circle of patent attorneys. You may be not members of the disciplinary board. § 51 para 2 to 4 shall apply mutatis mutandis.

(2) the disciplinary prosecutor is responsible for the display before the Disciplinary Committee. He is to hear from the Board before any decision."

21 paragraph 55 par. 1 and 2:

"(1) the members of the disciplinary board and the disciplinary prosecutor eliminated, when in their official or professional position, a change occurs with the prerequisites are deleted for their appointment.

(2) during the duration of a pending against a member of the Disciplinary Committee or a disciplinary Attorney criminal or disciplinary proceedings rests its function. It goes out, if the strafgerichtliche procedure with a conviction or the disciplinary procedure ends with a misconduct."

22 paragraph 56:

"article 56. The accused patent lawyer has the right to reject two members of the Disciplinary Council without giving reasons within one week of notification of the referral decision (section 58, paragraph 2, article 65, paragraph 1, and 2)."

23 paragraph 58 paragraph 3:

"(3) against the initiation of the disciplinary investigation, no appeal is allowed. Against the decision of the Disciplinary Council, rejected the introduction the appeal is open to the disciplinary prosecutor."

24 paragraph 60 paragraph 2:

"(2) of this decision of the Federal Minister for transport, innovation and technology are to notify the Patent Office, the Chamber of patent attorneys, the defendant and the disciplinary prosecutor. The decision is to make can be seen in the list of patent attorneys or patent attorneys."

25 paragraph 65 paragraph 3:

"(3) the decision on the proceedings is to establish and ensure the supervision authority, the accused, as well as the disciplinary prosecutor. Against the decision on closure of proceedings the appeal is open to the disciplinary prosecutor."

26 paragraph 69:

"§ 69. The costs of the proceedings before the Disciplinary Committee shall bear in the event of a fault saying of the sentenced person, and in the case of a Freispruches of the Chamber of patent attorneys. The costs include also the cash expenses pursuant to section 53, the amount of which is to be determined in the knowledge. The cost of the Defender are anyway, to be borne by the defendant."

27 section 71 is as follows:

"§ 71. The country's administrative court decides on appeals against findings and decisions of the Disciplinary Committee."

28 paragraph 72:

"72. (1) the accused and the disciplinary prosecutor are legitimised to the complaint.

(2) the right to appeal against the findings of the Administrative Court of the country in accordance with article 133 § 1 Z 1 B-VG is also the disciplinary prosecutor.

(3) findings and decisions of the Administrative Court of the State disciplinary board are to bring the Chamber of patent attorneys and patent offices."

29 paragraph 77:

"§ 77. Unless otherwise provided, the General is administrative procedure to apply 1991 on the procedure performs this federal law as well as the decisions adopted by the institutions of the Chamber of patent attorneys, the President of the Patent Office and orders."

30. the heading for section VIII reads:

"Transitional and final provisions".

31. under section 77, the following § 77a is inserted:

"§ 77a. The responsibility goes to the continuation of the proceedings of the Disciplinary Tribunal at the end of 31 December 2013 on the Administrative Court of the land."

32. in section 80a, the previous text receives the sales designation (1) and the following paragraph 2 is added:

"(2) article 6 par. 2 and 3, § 7 para 4, § 16 par. 1 and 3, § 16c para 3, § 17 para 2, § 23 para 1, § 25, 26 para 1 and 2, section 34 para 2 lit." c, § 37 para 4, § 48 para 1 lit. c and para 4, § 49, 50, 51 para 1 to 3, articles 52, 53, 54 para 1 and 2, article 55, paragraph 1 and 2, sections 56, 58 para 3, § 60 para 2, § 65, para. 3, §§ 69, 71, 72, 77, the heading of the VIII. section, §§ 77a and 81 No. 1 as amended by the Federal Act, Federal Law Gazette I no. 126/2013, apply with 1 January 2014. At the same time, Article 7a, paragraph 1 appear lit. "c and article 81 Nos. 2 and 4 as previously amended except force."

33. paragraph 81 No. 1: "1. with regard to § 51 and § 54 para 1 the Federal Government and the Federal Ministry of transport, innovation and technology, depending on their area of effect;"

34. § eliminates 81 Nos. 2 and 4.

Article 11

Change the jurisdiction standard

The standards of jurisdiction, RGBl. No. 111/1895, as last amended by Federal Law Gazette I no. 35/2012, is amended as follows:

section 53 is as follows:

"article 53. The commercial court of Vienna, in the first instance is exclusive jurisdiction for disputes relating to the infringement of industrial property rights. In these cases also the exclusive jurisdiction for injunction comes to the Commercial Court Vienna."

Article 12

Article 11 entry into force provision

Article 53 as amended by Federal Law Gazette I no. 126/2013 jurisdiction standard with 1 January 2014 into force and shall apply to procedures where the lawsuit was brought after 31 December 2013.

Fischer

Faymann