Patent And Trade Mark Law Amendment To 2014

Original Language Title: Patent- und Markenrechts-Novelle 2014

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month, or Get a Day Pass for only USD$9.99.

126. Federal Law, with which the Patent Act 1970, the utility model law, the patent compatibility introduction act, the protection certificate law in 1996, the semiconductor protection law, the trademark protection law 1970, the Model Protection Act 1990, the Patent and Trademark Law in 2001, the Law of the Patent Law and the Law of Jurisdiction (Patent and Trademark Law-Novelle 2014)

The National Council has decided:

table of contents

Article 1

Amendment of the Patent Act 1970

Article 2

Amendment of the Utility Model Law

Article 3

Amendment of the Patent Impact Assessment Act

Article 4

Amendment of the Protection Certificate Act 1996

Article 5

Amendment of the Semiconductor Protection Act

Article 6

Amendment of the Trademark Protection Act 1970

Article 7

Amendment of the Model Protection Act 1990

Article 8

Amendment of the Patent Office Fee Act

Article 9

Amendment of the Plant Variety Protection Act 2001

Article 10

Amendment of the Patent Law

Article 11

Amendment of the Jurisdiction Standard

Article 12

Entry into force on Art. 11

Article 1

Amendment of the Patent Act

The Patent Law 1970, BGBl. No 259, as last amended by the Federal Law BGBl. I n ° 135/2009, shall be amended as follows:

1. § 21 (1) reads:

" (1) Anyone who acts as a representative before the Patent Office must have domided or domiciled domials; for lawyers, patent attorneys, and notaries, however, the professional regulations apply. The representative shall do so by means of a written authorisation to be presented in the original or in duly certified copy. If a number of persons are authorised, each individual shall also be authorized to represent them alone. "

2. § 21 (4) reads:

" (4) Those who have neither domided nor established domials in Germany can only assert rights under this Federal Act before the Patent Office if it is represented by a party representative listed in § 77. However, if the place of residence or establishment is located in the EEA or in the Swiss Confederation, it is sufficient for the assertion of rights under this Federal Act to appoint a delivery representative domiced in the territory of the country. The requirement of the main residence in Germany does not apply to nationals of the EEA States Parties, if the state contracts with the State of residence of the place of residence of the service representative or otherwise ensure that they are provided. The use of service and information services of the Patent Office, including expert opinions and research, shall not be required for the appointment of a representative or an agent of delivery. "

Section 21 (6) reads as follows:

" (6) The authorization granted to a lawyer, patent attorney or notary for representation before the Patent Office empowers him by law, all rights under this federal law before the Patent Office and-as far as he is legally competent to do so-the Appeal to appeal bodies, in particular to notify patents, to restrict or withdraw applications, to raise objections, to waive patents, applications to be treated by the Invalidity Division, and appeals to be introduced and withdrawn, to conclude further comparisons, to draw up all kinds of deliveries, and to accept official fees and the costs of proceedings and representation to be reimbured by the opponent, and to appoint a deputy. "

4. § 37 (5) reads:

" (5) In the case of proceedings concerning the granting or termination of licences pursuant to § 36 (2) and (3), each Senate of the Invalidity Division has to belong to a member who, on a proposal from the Federal Minister for Agriculture, Forestry, the Environment and Water Management has been appointed by the Federal Minister of Transport, Innovation and Technology. "

5. § 60 (3) (2) and (3) reads:

" 2.

the Legal Division for the proceedings in matters relating to the transfer of the right from the application, to other legal provisions relating to such a right, to granted patents or to applications for re-establishment of rights unless the technical department or the nullity department is responsible;

3.

The Invalidity Division for the proceedings relating to applications for withdrawal, annulment, withdrawal, declaration of dependence, nomination as an inventor in accordance with Section 20 (5), recognition of the rights of the pre-benet, the applications for applications and applications for Issue of compulsory licences. "

6. § 60 (3) (4) deleted.

7. § 61 (2) and (3) reads:

" (2) Technical departments are members of the technical departments and are appointed to the legal departments of right-handed members. The members of the nullity department are to be appointed as legal and technical members. The members of the technical departments and the legal departments may also be appointed to the Invalidity Division at the same time.

(3) The President shall appoint, from the members of the Invalidity Division, the required number of chairpersons and the members of the other departments responsible for the management and supervision of the business, as well as dispositions of the Board of Directors. for their deputiation. "

8. § 61 (6) reads:

" (6) In the nullity department, the individual business cases shall be assigned to the Chairman by the President. The burden and the technical chairperson shall also be taken into consideration in the field of expertise which may be considered in individual cases. "

9. § 62 the following paragraph 8 is added:

"(8) The member, in the case of a senate, shall decide on claims under the Fees Act 1975."

§ 63 reads:

" § 63. (1) The nullity department shall decide its final decisions, including the chairman, by two right-handed and three technical members.

(2) The presence of three members shall be sufficient for interim decisions in the Invalidity Division. Decision-making decisions without the need for a decision in the case itself as well as decisions on claims under the Fees Act shall be made by the Chairman. "

11. § 66 reads:

" § 66. The Senate of the Invalidity Division shall be brought together by the Chairpersons on a case-by-case basis. In this connection, the burden and the technical members must also be taken into consideration in the field of expertise which is to be considered in individual cases. "

12. § 67 reads:

" § 67. (1) In all oral proceedings, the members of the Invalidity Division shall have an official gown. The provisions relating to the nature and the wearing of the office of office shall be adopted by means of a regulation of the President of the Patent Office.

(2) The party representatives referred to in § 77 shall be entitled to carry their official dress if they intervene in oral proceedings of the Invalidity Division. "

13. § § 70 to 75 together with the headings are deleted.

14. § 76 reads:

" § 76. (1) Members of the Patent Office shall be excluded from participation:

1.

in matters in which they themselves are party or in view of which they are party to one of the parties in the relationship of a co-entitled, a co-obligated or a regressive;

2.

in the affairs of their spouses or registered partners or persons who are in a straight line related to, or are not, or with whom they are related in the sidelines to the fourth degree, or are in the second degree, to be conselled;

3.

in matters of their choice-or foster parents, choice-or foster-children, their mouths or caregions;

4.

in matters in which they have represented or represented one of the parties, or where they have a material advantage or loss or are in prospect;

5.

if there are otherwise important reasons, which are likely to cast doubt on their full unpartiality.

(2) A member of the Patent Office, which is deemed to be excluded from participation in a decision (paragraph 2). 1), this must be reported to the Board of Management or to the Chairman, stating the reasons. If the exclusion reason is deemed to have been given, the Commission shall have the necessary provisions for the recovery of a substitute member. If the board of directors or the chairman is affected by the exclusion reason, the advertisement shall be addressed to the President of the Patent Office.

(3) Where an exclusion ground is claimed by a party in proceedings before the Patent Office, the following shall be taken in accordance with the terms of paragraph 2. "

15. § 77 reads:

" § 77. Only attorneys, patent attorneys and notaries, as well as the financial procuration, are authorised to represent parties before the Patent Office. "

16. § 82 (4) reads:

" (4) The measures referred to in paragraph 2 shall be the head of the official act. In the proceedings before the Invalidity Division, it is necessary to decide on the removal of a person involved in a trial or the imposition of a disciplinary penalty during a hearing of the Senate. In proceedings where the decision is entitled to a senate, the order of the order is to be imposed on it. "

17. § 83 reads:

" § 83. A penalty of up to EUR 726 may be imposed on persons who appear to be presumed to claim the activities of the Patent Office, or to provide inaccurate information in the intention of a disappearance of the matter. In proceedings in which the decision is due to a Senate, it has to decide on Mutwillenspenalties of the Senate. "

Section 84 (3) reads as follows:

" (3) Recourse shall be admissible against a decision of the technical department, the legal department or the nullity department with which a penalty of orders or mutates is imposed. The legal remedy shall be introduced within two weeks and shall not have suspensive effect. No appeal is admissible against the decision of the second instance. "

19. § 85 reads:

" § 85. The delivery of documents of the Patent Office is, insofar as § 86 is not otherwise determined, according to the Delivery Act, BGBl. No 200/1982. '

Article 95 (3) reads as follows:

" (3) If the obtaining or maintenance of the right of protection depends on whether the priority has been rightly claimed, the right of priority shall be established. By means of a regulation of the President of the Patent Office, it is necessary to determine which documents are required in the proceedings before the Patent Office for this proof (priority documents) and when these documents are to be submitted. "

21. § 103 (5) reads:

' (5) The oral proceedings shall include a record of a record by a written guide. In addition to the information on the place, time and subject of the trial, the names of the members of the Senate, the author, the parties, their representatives, the witnesses to be heard and the experts, have a summary of the contents of the contents. and the course of the trial. The minutes are to be signed by the chairman and the secretary. In place of the confiscation of a written guide, the chairman of a record holder may be assisted, and the information referred to in the second sentence shall in any case be included in the record. A written transfer shall be made from the recording on the sound carrier. This Protocol shall only be signed by the Chairman. "

22. § 111a (5) reads:

" (5) If the application or a supplement is defective, the applicant shall be asked to remedy the deficiency within a specified period. If the defect is not remedied, the application shall be rejected by decision. The decision may be appealed with recourse. "

Section 114a (1) reads as follows:

" (1) Anyone who has a legal interest in the fact that, in a procedure pending before the Invalidity Division between other persons, the one person obsiege, this party may join in the proceedings (secondary intervention). The intervenient has, even if the requirements of § 20 Civil Procedure Code (ZPO), RGBl. No 113/1895, the position of a concocted person (§ 14 ZPO). "

(24) § 115 shall be added to the following paragraphs 3 and 4:

" (3) After the notification in accordance with paragraph 2, § 112 ZPO shall apply mutatily to lawyers and patent attorneys alike.

(4) The provisions of § § 168 and 169 ZPO shall apply mutatily. "

25. § 119 (1) reads:

" (1) The negotiation shall be guided and carried out in accordance with the provisions of § § 171 to 203 ZPO, which are to be applied in accordance with the relevant provisions. The chairman, or of this particular Senate, shall discuss the matter with the parties objectively and legally. "

Section 119 (3) reads as follows:

"(3) The members of the Patent Office as well as the Federal staff of the higher service of the Federal Ministry of Transport, Innovation and Technology shall be permitted to enter in spite of the exclusion of the public."

27. § 125 (1) reads:

" (1) A record shall be recorded by a written guide on all evidence in the preliminary proceedings and on the oral proceedings. In addition to the information on the place, time and subject of the trial, the names of the members of the Senate, the author, the parties, their representatives, the witnesses to be heard and the experts, have a summary of the contents of the contents. and the course of the trial. The minutes are to be signed by the chairman and the secretary. In place of the confiscation of a written guide, the chairman of a record holder may be assisted, and the information referred to in the second sentence shall in any case be included in the record. A written transfer shall be made from the recording on the sound carrier. This Protocol shall only be signed by the Chairman. "

§ 126 reads:

" § 126. The courts and the Patent Office shall be obliged to provide mutual legal assistance. "

29. § 127 (4) reads:

" (4) In order to take a decision on the request for re-admission, that instance (Technical Department, Invalidity Division, Vienna Higher Regional Court, Supreme Court) has been appointed, which has made the contested decision. If the re-admission request is granted by a higher authority, it shall determine whether the resumed method is to be carried out before it or in front of a sub-instance. "

30. § 129 (2) reads:

" (2) A reinstatement in the previous stand does not take place on account of failure to meet the deadline for the application for re-establishment (§ 131 1), the time limit for the recourse against the decision regarding such an application and the time limit for the opposition (§ 102 (1)). "

31. § 130 (2) reads:

" (2) In the scope of action of the nullity department of the Patent Office, the Chairman is appointed to the decision. This decision shall be subject to recourse to the Higher Regional Court of Vienna. "

32. § 137 reads:

" § 137. (1) The legally binding claims of the Patent Office are the exectation title within the meaning of § 1 of the Executive Order (EO), RGBl. No. 79/1896.

(2) The Patent Office shall execute the entries and deletions necessary for the implementation of its final decisions and those of the appeal bodies in the registers to be carried out by the Patent Office on the basis of its own motion. In the case of collegial decisions, the necessary provisions shall be made by the Chairperson. "

33. According to § 137, the following main piece IV. inserted:

" IV. THE OBERLANDESGERICHT WIEN AND THE SUPREME COURT AS APPEAL BODIES "

34. § § § 138 to 146 together with the headings are:

" A. Appeal against the decisions of the Technical Department and the Legal Department of the Patent Office

Recurs

§ 138. (1) The decisions of the Technical Department and the Legal Department may be challenged by recourse to the Higher Regional Court of Vienna.

(2) No legal remedy is admissible against the provisions of the speaker preparatory to a decision of the Technical Department or Legal Division.

Procedure

§ 139. The provisions of the Extrastreit Act (External StrG), BGBl, apply to the Rekursverfahren. No 111/2003, with the exception of § § 44, 49 of the External Strg Act and the following particularities:

1.

References in the external road to the Court of First Instance shall be deemed to be references to the Technical Department or Legal Division.

2.

The period of recurrity and the time limit for the response shall be two months; they shall not be renewable.

3.

Any new facts or evidence may only be provided for support or for the revocation of the facts and evidence presented in good time in the first instance.

4.

If there are deficiencies in a timely overdue recourse, the responsible member shall set a deadline for improvement. Late-handed recourses or recourses which are not improved within the time limit laid down shall be rejected by the Division in the composition in which the contested decision was adopted. Recurses against decisions of the authorized staff member shall be rejected by the competent Member.

5.

Decisions pursuant to Section 50 of the External Security Act are to be adopted by the department in the composition in which the contested decision was adopted. If the decision has been taken by the authorised staff member, the Member responsible shall decide.

6.

Section 51 (1) of the External Strings Act shall be applied with the proviso that the files relating to the case shall be submitted, where appropriate, with an enlighthed report.

7.

The parties have to bear the costs of the proceedings themselves.

8.

Recursdecisions of the Rekursgericht are to be delivered by the Rekursgericht.

Revision recurs

§ 140. (1) The revision course shall be admissible against a decision of the Court of Recourse which has been taken in the course of the recursion procedure in accordance with § 62 of the German Federal Law.

(2) The provisions of the external StrG shall apply in accordance with the provisions of the revision procedure with the following special features:

1.

The revision recursion period and the deadline for the revision recursion are two months; they are not renewable.

2.

The revision course and, if necessary, the admission requirements are to be submitted to the Rekursgericht; the refoulement pursuant to § 67 of the external StrG shall be made by the Rekursgericht (court of recourse). Except in the case of Section 68 (4) (2) of the External StrG, the Revisionsrecursresponsibility shall also be submitted to the Rekursgericht (Rekursgericht).

3.

The parties have to bear the costs of the proceedings themselves.

B. Legal remedies against decisions and decisions of the nullity department of the Patent Office

Appeal

§ 141. (1) The final decisions of the Invalidity Division of the Patent Office may be appealed by appeal to the Higher Regional Court of Vienna.

(2) The provisions of the ZPO apply analogously to the appeal procedure, with the exception of section 461 (2) ZPO and the following special features:

1.

References in the ZPO to the Court of First Instance shall be deemed to be references to the Invalidity Division.

2.

The period of appeal and the time limit for the appeal shall be two months; they shall not be renewable.

3.

If an appeal has been filed in good time, the right-handed speaker of the Annulment Department has to set a time limit for the appellant to improve it. If the deficiencies are remedied within the time limit, the appeal shall be deemed to have been submitted in good time.

4.

Appeal decisions of the Court of Appeal shall be delivered by the Appeals Court.

Recurs

Section 142. (1) No legal remedy is admissible against a preparatory decision of the speaker. In the event of decisions of the Invalidity Division in the course of the preliminary proceedings or of the proceedings, a separate appeal shall not be held subject to paragraph 2, they may be appealed only on the basis of the appeal, provided that they are applied to the Final decision has had an influence.

(2) Decisions pursuant to Section 130 (2) and decisions on claims under the Fees Act are admissible against interruption decisions, decisions with which an appeal is rejected, and decisions on claims under the Fees Act are admissible at the Vienna Higher Regional Court. Decisions of the Court of Appeal may be appealed to the Supreme Court in accordance with Section 519 of the ZPO.

(3) The provisions of the ZPO shall apply in accordance with the following special features for the re-courting procedure:

1.

References in the ZPO to the Court of First Instance shall be deemed to be references to the Invalidity Division.

2.

Recurse according to the first sentence of the second sentence of the first sentence of the first sentence of the Court of Appeal shall be brought to the Court of Appeal in accordance with the second sentence of

3.

If the recourse referred to in paragraph 2 of the first sentence is overdue in good time, the right-handed speaker of the Invalidity Division or the Chairman shall have a time limit for improvement if the decision-making alone is in the condition of the decision-making body. . If the deficiencies are remedied within the time limit, the recourse shall be deemed to have been submitted in good time.

4.

Recursdecisions of the Rekursgericht are to be delivered by the Rekursgericht.

Revision and revision recurs

§ 143. (1) In the case of judgments of the Court of Appeal, the revision shall be admissible in accordance with § 502 ZPO, against a decision of the Recourse Court of the Revisionsrekurs in accordance with § 528 ZPO.

(2) For the revision procedure, the provisions of the ZPO shall apply in accordance with the following special features:

1.

The revision period and the time limit for the revision shall be two months; they shall not be renewable.

2.

The revision shall be brought before the Court of Appeal. The references to the trial court of the first instance shall be construed as references to the Court of Appeal, with the exception of those relating to the referral back to the first instance. Except in the case of Section 507a (3) Z 2 of the ZPO, the appeal to the Court of Appeal shall also be submitted to the Appeals Court.

(3) The provisions of the ZPO apply analogously to the revision procedure with the proviso that the revision course is to be submitted to the Rekursgericht (Rekursgericht).

C. Common provisions

Procedural assistance

§ 144. Procedural assistance for an appeal procedure in accordance with this main item is to be applied for at the Patent Office. The nullity department shall decide on the application for the authorization of the procedural aid by a decision of the chairman. § 7 para. 2 of the External Strg Act, which are § § 63, 64, 66 to 73 ZPO and § 45 RAO, RGBl. No 96/1868, shall apply with the proviso that references to the General Court shall be deemed to be references to the Invalidity Division. Instead of the forgiveness of a lawyer, it is also possible to grant the forgiveness of a patent attorney for the appeal proceedings before the Higher Regional Court of Vienna. The decision may be levied within two weeks.

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

§ 145. (1) The delivery of documents by the Patent Office in an appeal procedure shall be carried out in accordance with the provisions of Sections 85 and 86 of this Article.

(2) In the proceedings before the Higher Regional Court of Vienna, patent attorneys and notaries are also authorized to represent them. The appointment to the plenipotentiary replaces their documentary evidence.

(3) In the case of multiple proceedings, the acquirer of a right-of-dispute may also enter the proceedings without the consent of the opponent.

(4) § § 81 and 81a shall apply mutatily to the inspection of files in appeal proceedings in accordance with this main item.

Composition of the Senate

§ 146. (1) Paragraph 8 (2) of the JN is to be applied with the proviso that the position of the lay judge, either by professional lay judges from the commercial stand or by other persons with special technical expertise, such as in particular members of the Patent Office, who are Federal Minister of Justice, on a proposal by the Federal Minister of Transport, Innovation and Technology, can be appointed for a period of five years. If members of the Patent Office or other Federal employees are appointed as lay judges, they shall perform the duties as professional lay judges as a service task and shall be independent in the performance of their duties and shall not be bound by any instructions. § § 19 to 25 of the JN are to be applied in a reasonable way.

(2) In the case of appeals against a decision on which a decision of the technical department or the nullity department is based, the Supreme Court has to decide in a Senate that, in addition to three judges, two lay judges pursuant to para. 1 .

(3) In the case of procedures relating to the granting or termination of licences pursuant to § 36 (2) and (3), paragraphs 1 and 2 shall apply with the proviso that the senate must be a member of a member appointed by the Federal Minister of Justice on a proposal from the Federal Minister for Justice, Agriculture, forestry, the environment and water management.

(4) Unless otherwise specified, the provisions applicable to professional lay judges from the commercial status shall be applied in accordance with the relevant provisions. The Chairman has to appoint a Senate member to the speaker. "

35. The previous main piece IV. is given the name "V." .

36. § 156 (6) reads:

" (6) If the validity or validity of a patent has been judged differently by the Patent Office or the appeal bodies other than by the court in the infringement dispute, then it is possible to support a recovery order (Section 530 (1) ZPO); it is for the Jurisdiction of § 532 paragraph 2 of the ZPO and for the interruption of the appeal proceedings of § 544 para. 1 ZPO to apply analogously; the application period (§ 534 para. 1 ZPO) is to be calculated from the day on which the decision on the validity or The effectiveness of the patent in legal force has grown. "

37. The title of § 157 reads as follows:

"Treatment of prejudicial procedures"

§ 157 (1) Z 5 reads as follows:

" 5.

The time limits for the appeal, the appeal, the revision and the remission statement amount to one month and are inextensible. "

39. § 160 reads:

" § 160. The provisions of the 17 shall apply to the assertion of the claims in accordance with § 150. Main piece of the Criminal Procedure Code 1975 (StPO), BGBl. No 631/1975. Both parts are entitled to appeal against the opposition to the claim for compensation. "

40. § 162 (1) reads:

" (1) For claims and injunctions pursuant to this Federal Act, only the Commercial Court of Vienna shall be responsible. Without regard to the value of the dispute, the Senate has to decide (Section 7 (2), first sentence, JN). This also applies to injunctions. For the Senate composition in the first and second instance, section 146 (1) is to be applied in third instance § 146 (2). "

41. The previous main pieces V. and VI. are given the names "VI." and "VII." .

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

" § 176b. (1) The responsibility for the continuation of the proceedings pending at the end of 31 December 2013 concerns the following:

1.

the Appeals Department and the Supreme Patent and Trademark Council as a second instance to the Higher Regional Court of Vienna and

2.

of the Supreme Patent and Trademark Council as a third instance to the Supreme Court, whereby the conditions of § 62 of the External Strata are not to be applied.

(2) If a decision of the technical department or the legal department against which a complaint is admissible, has been taken before the end of 31 December 2013 and has not been appealed against this decision by the end of this day , the decision may be levied against the decision within the open period. A complaint against such a decision until the end of 31 December 2013 shall be deemed to have been raised in good time.

(3) If a decision of the Invalidity Division, against which an appeal is admissible, has been taken before the end of 31 December 2013 and has not been appealed against that decision by the end of that day, the decision may be taken against the Decision within two months from the date of notification of the appointment or recourse. An appeal against such a decision until the end of 31 December 2013 shall be deemed to be an appeal raised in time or a recourse which has been raised in good time if the legal remedy admissible after 31 December 2013 is the recourse.

(4) § 482 ZPO is not applicable to appeals against decisions of the Invalidity Division, which are filed before the end of 31 December 2013.

(5) If a decision of the Legal Department, against which a complaint to the Supreme Patent and Trademark Senate is admissible, has been taken before the end of 31 December 2013 and has not been taken against this decision until the end of this If a complaint has been filed, the decision may be levied within the open period of the Revisionsrekurs (section 140 (2)). The Revisionsrekurs is admissible without the conditions of § 62 of the Austrian Federal Constitutional Court and to the Oberlandesgericht (Higher Regional Court) Vienna. A complaint against a decision of the Legal Department until the end of December 31, 2013 shall be deemed to have been raised in good time.

(6) Against decisions of the Supreme Patent and Trademark Council, which have been taken before the expiry of 31 December 2013, a complaint can be made to the Constitutional Court pursuant to Art. 144 (1) B-VG. In the proceedings before the Constitutional Court, the Oberlandesgericht Wien (Oberlandesgericht Wien) is replaced by the Supreme Court of Vienna, if it has decided in a third instance, to the position of the Supreme Court of Appeal, the Supreme Court of the Supreme Court. Where appropriate, the procedure shall be continued before the relevant court.

(7) § § 129 to 136 are to be applied for re-establishment procedures which are pending in appeal proceedings at the end of 31 December 2013.

(8) If the contested decision, in respect of which the resumption pursuant to Section 127 is sought, has been taken before the expiry of the 31 December 2013 by the Legal Department or by the Supreme Patent and Trademark Senate, the Oberlandesgericht Wien is responsible for taking a decision on the re-admission request. "

43. § 178a deleted.

44. § 179 Z 3 reads:

" 3.

as regards § 126 and § § 138 to 146 of the Federal Minister of Transport, Innovation and Technology and the Federal Minister for Justice, "

45. In § 180b, the previous text receives the sales designation "(1)" and the following paragraph 2 is added:

" (2) § 21 para. 1, 4 and 6, § 37 para. 5, § 60 para. 3 Z 2 and 3, § 61 para. 2, 3 and 6, § 62 para. 8, § 63, 66, 67, 76, 77, 82 para. 4, § § 83, 84 para. 3, § § 85, 95 para. 5, § 111a para. 5, § 114a para. 1, § 115 para. 3 and 4, § 119 para. 1 and 3, § § 119 para. Article 125 (1), § § 126, 127 (4), § 129 (2), § 130 (2), § 137, the title of the IV. Main piece, § § 138 to 146 including headlines, the renaming of the previous IV. Main piece, § 156 (6), the title of § 157, § 157 (1) Z 5, § § 160, 162 para. 1, the renaming of the previous V. and VI. Main piece, § § 176b and 179 Z 3 in the version of the Federal Law, BGBl. I No 126/2013, enter 1. Jänner 2014 in force. At the same time, § 60 (3) Z 4, § § 70 to 75 together with the headings and § 178a in the version currently in force will be repeal. "

Article 2

Amendment of the Utility Model Law

The utility model law, BGBl. No 211/1994, as last amended by the Federal Law BGBl. I n ° 126/2009, shall be amended as follows:

1. § 33 (1) (2) and (3) is:

" 2.

the legal department for the proceedings in matters relating to the transfer of the right from the utility model application, to other legal provisions relating to such a right, to registered utility models-with the exception of the creation of the search report and the taking note of a waiver of a utility model-or refer to requests for re-establishment to the previous stand, unless the nullity department is responsible;

3.

The Action for annulment of the proceedings relating to applications for annulment, withdrawal, declaration of dependence, nomination as inventor, recognition of the rights of the pre-envoy and the application of the application for the application of the application. "

2. § 33 (1) (4) deleted.

3. § § 35, 37 and 37a together with headings are deleted.

4. § 36 para. 2 reads:

" (2) The presence of three members shall suffice for interim decisions in the Invalidity Division. Decision-making decisions without the need for a decision in the case itself, decisions in accordance with paragraph 3 as well as decisions on claims under the Fees Act shall be made by the Chairman. "

Section 39 (1) reads as follows:

" (1) Anyone who acts as a representative on matters relating to the protection of utility models before the Patent Office must have domided or domiciled domials; for lawyers, patent attorneys and notaries, however, the professional legal profession shall apply. Regulations. The representative shall do so by means of a written authorisation to be presented in the original or in duly certified copy. If a number of persons are authorised, each individual shall also be authorized to represent them alone. "

6. § 39 (4) reads:

" (4) Anyone who has neither residence nor establishment in the country can only assert rights under this Federal Act before the Patent Office if he is represented by a lawyer, patent attorney or notary. However, if the place of residence or establishment is located in the EEA or in the Swiss Confederation, it is sufficient for the assertion of rights under this Federal Act to appoint a delivery representative domiced in the territory of the country. The requirement of the main residence in Germany does not apply to nationals of the EEA States Parties, if the state contracts with the State of residence of the place of residence of the service representative or otherwise ensure that they are provided. The use of service and information services of the Patent Office is not necessary for the appointment of a representative or an agent of delivery. "

Section 39 (6) reads as follows:

" (6) The proxy for representation before the Patent Office of a lawyer, patent attorney or notary authorized him to act by law, all rights under this federal law before the Patent Office and-insofar as he is legally competent to do so-the To assert legal entities, in particular to register utility models, to restrict or withdraw applications, to waive the utility model, to submit applications and legal remedies to be treated by the nullity department, and to withdraw, further comparisons, deliveries of all kinds, and to accept official fees and the costs of proceedings and representation to be reimbured by the opponent, and to appoint a deputy. "

8. § 44 (1) reads:

" (1) For claims and injunctions pursuant to this Federal Act, only the Commercial Court of Vienna shall be responsible. Without regard to the value of the dispute, the Senate has to decide (Section 7 (2), first sentence, JN). This also applies to injunctions. For the Senate composition in the first and second instance, § 50d para. 1 is to be applied in third instance § 50d paragraph 2. "

9. According to § 45, the following main piece VII. inserted:

" VII. THE OBERLANDESGERICHT WIEN AND THE SUPREME COURT AS APPEAL BODIES "

10. § § 46 to 50d with headings are:

" A. Appeal against the decisions of the Technical Department and the Legal Department of the Patent Office

Recurs

§ 46. (1) The decisions of the Technical Department and the Legal Department may be challenged by recourse to the Higher Regional Court of Vienna.

(2) No legal remedy is admissible against the provisions of the speaker preparatory to a decision of the Technical Department or Legal Division.

Procedure

§ 47. The provisions of the Extrastreit Act (External StrG), BGBl, apply to the Rekursverfahren. No 111/2003, with the exception of § § 44, 49 of the External Strg Act and the following particularities:

1.

References in the external road to the Court of First Instance shall be deemed to be references to the Technical Department or Legal Division.

2.

The period of recurrity and the time limit for the response shall be two months; they shall not be renewable.

3.

Any new facts or evidence may only be provided for support or for the revocation of the facts and evidence presented in good time in the first instance.

4.

If there are deficiencies in a timely overdue recourse, the responsible member shall set a deadline for improvement. Late-handed recourses or recourses which are not improved within the time limit laid down shall be rejected by the Division in the composition in which the contested decision was adopted. Recurses against decisions of the authorized staff member shall be rejected by the competent Member.

5.

Decisions pursuant to Section 50 of the External Security Act are to be adopted by the department in the composition in which the contested decision was adopted. If the decision has been taken by the authorised staff member, the Member responsible shall decide.

6.

Section 51 (1) of the External Strings Act shall be applied with the proviso that the files relating to the case shall be submitted, where appropriate, with an enlighthed report.

7.

The parties have to bear the costs of the proceedings themselves.

8.

Recursdecisions of the Rekursgericht are to be delivered by the Rekursgericht.

Revision recurs

§ 48. (1) The revision course shall be admissible against a decision of the Court of Recourse which has been taken in the course of the recursion procedure in accordance with § 62 of the German Federal Law.

(2) The provisions of the external StrG shall apply in accordance with the provisions of the revision procedure with the following special features:

1.

The revision recursion period and the deadline for the revision recursion are two months; they are not renewable.

2.

The revision course and, if necessary, the admission requirements are to be submitted to the Rekursgericht; the refoulement pursuant to § 67 of the external StrG shall be made by the Rekursgericht (court of recourse). Except in the case of Section 68 (4) (2) of the External StrG, the Revisionsrecursresponsibility shall also be submitted to the Rekursgericht (Rekursgericht).

3.

The parties have to bear the costs of the proceedings themselves.

B. Legal remedies against decisions and decisions of the nullity department of the Patent Office

Appeal

§ 49. (1) The final decisions of the Invalidity Division of the Patent Office may be appealed by appeal to the Higher Regional Court of Vienna.

(2) The provisions of the Code of Civil Procedure (ZPO), RBGl, apply to the appointment procedure. No. 113/1895, with the exception of section 461 (2) of the ZPO and the following special features:

1.

References in the ZPO to the Court of First Instance shall be deemed to be references to the Invalidity Division.

2.

The period of appeal and the time limit for the appeal shall be two months; they shall not be renewable.

3.

If an appeal has been filed in good time, the right-handed speaker of the Annulment Department has to set a time limit for the appellant to improve it. If the deficiencies are remedied within the time limit, the appeal shall be deemed to have been duly submitted.

4.

Appeal decisions of the Court of Appeal shall be delivered by the Appeals Court.

Recurs

§ 50. (1) No legal remedy is admissible against a preparatory decision of the speaker. In the event of decisions of the Invalidity Division in the course of the preliminary proceedings or of the proceedings, a separate appeal shall not be held subject to paragraph 2, they may be appealed only on the basis of the appeal, provided that they are applied to the Final decision has had an influence.

(2) Decisions pursuant to Section 34 (2) in connection with Section 130 (2) of the German Patent Act and decisions on claims under the Fees Act shall be subject to the recourse to the contrary, decisions on interruption decisions, decisions with which an appeal is rejected. Oberlandesgericht Wien admissible. Decisions of the Court of Appeal may be appealed to the Supreme Court in accordance with Section 519 of the ZPO.

(3) The provisions of the ZPO shall apply in accordance with the following special features for the re-courting procedure:

1.

References in the ZPO to the Court of First Instance shall be deemed to be references to the Invalidity Division.

2.

Recurse according to the first sentence of the second sentence of the first sentence of the first sentence of the Court of Appeal shall be brought to the Court of Appeal in accordance with the second sentence of

3.

If the recourse referred to in paragraph 2 of the first sentence is overdue in good time, the right-handed speaker of the Invalidity Division or the Chairman shall have a time limit for improvement if the decision-making alone is in the condition of the decision-making body. . If the deficiencies are remedied within the time limit, the recourse shall be deemed to have been submitted in good time.

4.

Recursdecisions of the Rekursgericht are to be delivered by the Rekursgericht.

Revision and revision recurs

§ 50a. (1) In the case of judgments of the Court of Appeal, the revision shall be admissible in accordance with § 502 ZPO, against a decision of the Recourse Court of the Revisionsrekurs in accordance with § 528 ZPO.

(2) For the revision procedure, the provisions of the ZPO shall apply in accordance with the following special features:

1.

The revision period and the time limit for the revision shall be two months; they shall not be renewable.

2.

The revision shall be brought before the Court of Appeal. The references to the trial court of the first instance shall be construed as references to the Court of Appeal, with the exception of those relating to the referral back to the first instance. Except in the case of Section 507a (3) Z 2 of the ZPO, the appeal to the Court of Appeal shall also be submitted to the Appeals Court.

(3) The provisions of the ZPO apply analogously to the revision procedure with the proviso that the revision course is to be submitted to the Rekursgericht (Rekursgericht).

C. Common provisions

Procedural assistance

§ 50b. Procedural assistance for an appeal procedure in accordance with this main item is to be applied for at the Patent Office. The nullity department shall decide on the application for the authorization of the procedural aid by a decision of the chairman. § 7 para. 2 of the External Strg Act, which are § § 63, 64, 66 to 73 ZPO and § 45 RAO, RGBl. No 96/1868, shall apply with the proviso that references to the General Court shall be deemed to be references to the Invalidity Division. Instead of the forgiveness of a lawyer, it is also possible to grant the forgiveness of a patent attorney for the appeal proceedings before the Higher Regional Court of Vienna. The decision may be levied within two weeks.

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

§ 50c. (1) The delivery of documents by the Patent Office in an appeal procedure in accordance with this main piece shall take place in accordance with Section 34 (2) in conjunction with § § 85 and 86 of the Patent Law 1970.

(2) In the proceedings before the Higher Regional Court of Vienna, patent attorneys and notaries are also authorized to represent them. The appointment to the plenipotentiary replaces their documentary evidence.

(3) In the case of multiple proceedings, the acquirer of a right-of-dispute may also enter the proceedings without the consent of the opponent.

(4) § 38 shall apply mutatily to the inspection of files in appeal proceedings in accordance with this main item.

Composition of the Senate

§ 50d. Section 8 (2) of the JN is to be applied with the proviso that the position of the lay judge is either by professional lay judges from the trading stand or by other persons with special technical knowledge, such as in particular members of the patent office, who are Federal Minister of Justice, on a proposal by the Federal Minister of Transport, Innovation and Technology, can be appointed for a period of five years. If members of the Patent Office or other Federal employees are appointed as lay judges, they shall perform the duties as professional lay judges as a service task and shall be independent in the performance of their duties and shall not be bound by any instructions. § § 19 to 25 of the JN are to be applied in a reasonable way.

(2) In the case of appeals against a decision on which a decision of the technical department or the nullity department is based, the Supreme Court has to decide in a Senate that, in addition to three judges, two lay judges pursuant to para. 1 .

(3) Unless otherwise specified, the provisions applicable to professional lay judges from the commercial status shall be applied in accordance with the relevant provisions. The Chairman has to appoint a Senate member to the speaker. "

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

" § 51b. § 176b of the Patent Law 1970 is to be applied. "

12. In accordance with Section 53a (5), the following paragraph 6 is inserted:

" (6) § 33 (1) (2) and (3), section 36 (2), section 39 (1), (4) and (6), section 44 (1), the title of the VII. Main piece, § § 46 to 50d with headlines, § § 51b and 54 Z 4 in the version of the Patent and Trademark Law Novelle 2014, BGBl. I No 126/2013, enter 1. Jänner 2014 in force. At the same time, § 33 (1) Z 4, § § 35, 37 and 37a, together with the headings in the version currently in force, will be repeal. "

13. § 54 Z 4 reads:

" 4.

as regards Section 33 (2) in conjunction with Section 126 of the Patent Law 1970 as well as with regard to § § 49 to 50d of the Federal Minister of Transport, Innovation and Technology and the Federal Minister for Justice, "

Article 3

Amendment of the Patent Impact Assessment Act

The Patent Impact Introduction Act, BGBl. No 52/1979, as last amended by the Federal Law BGBl. I n ° 126/2009, shall be amended as follows:

1. § 16 (2) reads:

" (2) If the Patent Office is the office of destination, the applicant shall pay a fee for the initiation of the national phase within the time limit laid down in Article 22 PCT, if the Austrian Patent Office is not at the same time the registration office. If the application is not written in German, a translation into German must also be submitted within the same period. "

2. § 23 (3) reads:

"(3) § 76 PatG is to be applied to the formalities examiners."

3. In accordance with § 25a, the following § 25b is inserted:

" § 25b. § 16 (2) and § 23 (3) in the version of the Patent and Trademark Law Novelle 2014, BGBl. I No 126/2013, enter 1. Jänner 2014 in force. "

Article 4

Amendment of the Protection Certificate Act

The Protection Certificate Act 1996, BGBl. I n ° 11/1997, as last amended by the Federal Law BGBl. I No 81/2007, as follows:

1. § 7 reads:

" § 7. Supplementary protection certificates and procedures relating to these protection certificates, which have been notified and issued, are complementary to the provisions of Regulations of the European Community on the creation of supplementary protection certificates and of this Federal law § § 8 to 11, 14 to 27, 30 to 45, 46 para. 2 and 3, § § 47, 48 para. 2 and 3, § § 49 to 57, 57b to 61, 62 para. 1, 2 and 7, § § 62a, 63, 64, 66 to 79, § 80 para. 2, § § 81 to 86, 92, 112 to 165, 173, 175, 176b, 178 and 179 of the Patent Act 1970, apply mutamutly. "

2. § 11 is added to the following paragraph 5:

" (5) § 7 in the version of the Patent and Trademark Law Novelle 2014, BGBl. I No 126/2013, enters into force 1. Jänner 2014 in force. "

Article 5

Amendment of the Semiconductor Protection Act

The semiconductor protection law, BGBl. No 372/1988, as last amended by the Federal Law Gazette (BGBl). I n ° 96/2006, is amended as follows:

1. § 16 (3) reads:

" (3) For decision-making in matters relating to granted semiconductor protection rights, unless the courts or the nullity department of the Patent Office are responsible, the right-handed legal person responsible for the distribution of the shares after the distribution of the business is responsible. Member of the Legal Department appointed. "

2. § 16 (6) and (7) reads:

" (6) The nullity department shall decide by three members, one of which shall be in the chair. At least one member must be right-wing.

(7) § § § 58 to 61 and 76 of the Patent Law 1970 are to be applied. "

3. § 17 reads:

" § 17. Unless otherwise specified, § § 52 to 56, 64, 66 to 69, 77 to 79, 82 to 86, 112 to 126, 127 para. 1, 2, 4 and 5, § 128, first sentence, § § 128a to 146 of the Patent Law 1970 shall apply in a reasonable way to the proceedings. "

4. § 23 (1) reads:

" (1) For claims and injunctions pursuant to this Federal Act, only the Commercial Court of Vienna shall be responsible. Without regard to the value of the dispute, the Senate has to decide (Section 7 (2), first sentence, JN). This also applies to injunctions. For the Senate composition in the first and second instance, § 146 (1) of the Patent Act 1970, in third instance, is to be applied to § 146 (2) of the Patent Act 1970. "

(5) § 26b is added to the following paragraph 5:

"(5) § 176b of the Patent Law 1970 is to be applied."

6. § 27 the following paragraph 8 is added:

" (8) § 16 (3), (6) and (7), § § 17, 23 (1) and § 26b (5) in the version of the Patent and Trademark Law Novelle 2014, BGBl. I No 126/2013, enter 1. Jänner 2014 in force. "

Article 6

Amendment of the Trademark Law

The trademark protection law 1970, BGBl. N ° 260, as last amended by the Federal Law BGBl. I n ° 126/2009, shall be amended as follows:

1. § 2 para. 3 reads:

" (3) trademark rights arising from Regulation (EC) No 207/2009 on the Community trade mark, OJ L 327, 30.4.2009, p. No. 1., acquired trademark rights acquired under this Federal Act, unless otherwise indicated in Community legislation concerning trade marks. In addition, the provisions of the VIII. To apply a section. "

2. § 17 para. 2 Z 1 reads:

" 1.

Where the registration is based on a request for conversion pursuant to Article 112 of Regulation (EC) No 207/2009, the date of the application referred to in paragraph 1 (3) shall be the date of filing of the Community trade mark within the meaning of Article 27 of this Regulation. Where appropriate, the time required under Art. 34 or 35 of this Regulation shall also be entered in the register. "

3. § 20 (3) reads:

" (3) Conmissibility of the admissibility of the registration in accordance with § 4 (1), (3), (4) or (5), the applicant must, at the request of the applicant, determine before the expulsion with a decision, ass the declared character shall be subject only to the conditions of § 4 (2) can be registered; such a decision may be appealed with recourse (Section 37 (1)). "

4. § 24 (4) reads:

" (4) If the obtaining or maintenance of the right of protection depends on whether the priority has been rightly claimed, the right of priority shall be established. By means of a regulation of the President of the Patent Office, it is necessary to determine which documents are required in the proceedings before the Patent Office for this proof (priority documents) and when these documents are to be submitted. "

Section 29a (4) reads as follows:

"(4) If the payment of the opposition fee is not initiated within the opposition period, the appeal shall be deemed not to have been tabled."

6. § 29b (1) reads:

" (1) After the expiry of the period of opposition, the proprietor of the trade mark shall be informed of any inconsistencies which have been reached within the time limit laid down and it shall be extended to him for the reimbursement of a written statement of an appropriate and reasonable length of time, for reasons worthy of consideration. period of time. Within this period, the proprietor of the trade mark also has, where appropriate, the plea of the lack of use of the trademark (paragraph 1). 3). If the proprietor of the trade mark does not submit an opinion within the time limit set, the trade mark shall be subject to the complete or partial cancellation of the trade mark without further proceedings, even if the opposition is based on a notification which, in the case of the proprietor, is Decision time has not yet been registered. The provisions on dispute referred to in Article 35 (5) shall be applied in the opposition proceedings, unless otherwise specified in the following. "

7. § 35 (1) reads:

" (1) The Patent Office is responsible for decision-making and other charges in all matters relating to trade mark protection, as well as the protection of geographical indications and designations of origin under the VII. In so far as they are not reserved for the President or the Invalidity Division, the Member of the Legal Affairs Division responsible for these matters shall be appointed after the division of the business. "

8. § 35 the following paragraphs 5 and 6 are added:

§ § 52 to 56, 57b, § 62 (8), § § 64, 66 to 69, 79, 82 to 86, 112 to 115, 116 to 126, 127 para. 1, 2, 4 and 5, § 128, first sentence, § § 128a to 133 (2), § § § § § § 128 § § § § 128, first sentence. 134, 135, 137 and 165 of the Patent Law 1970 mutatily.

(6) The publications provided for in Section 17 (5), § 28 (5) and § 29 (2) shall be published in the Austrian Trademark Gazette. The approval of the reinstatation is to be made available in the Austrian Trademark Gazette, if it restores the trademark law. "

9. § § 36 to 43 together with the headings are:

" § 36. (1) Members of the Patent Office are excluded from participation under the conditions set out in Section 76 (1) of the Patent Law 1970.

(2) Members of the Patent Office shall be excluded from participation in the Invalidity Division.

1.

in the case of applications for deletion of a trade mark pursuant to § 30 or subsequent determination of the invalidity of a trade mark in accordance with § 69a in conjunction with § 30, on its examination for similarity (§ § 21 and 22) or on its examination in a Opposition proceedings, insofar as they are the same concerned marks (Sections 29a to 29c), have contributed to it;

2.

in the case of requests for cancellation of a trade mark pursuant to § 33 or subsequent determination of the invalidity of a trade mark pursuant to section 69a in conjunction with section 33, in which they participated in the decision-making process on the admissibility of the registration.

(3) The provisions of Section 76 (2) and (3) of the Patent Law 1970 apply mutatily.

Appeal against the decisions and decisions of the Legal Department of the Patent Office

§ 37. (1) The decisions of the Legal Department may be appealed by recourse to the Higher Regional Court of Vienna.

(2) No appeal shall be admissible against the provisions of the Legal Department preparatory to a decision of the Legal Division and of interim decisions, except for interrupting decisions in the opposition proceedings.

(3) § 139 of the Patent Act 1970 shall apply mutatily to the proceedings.

§ 38. In the case of a decision of the Court of Recourse which has been taken in the course of the recursion proceedings, the Revisionsrekurs shall be admissible in accordance with § 62 of the German Federal Law. § 140 (2) of the Patent Act 1970 is to be applied in accordance with the procedure.

Procedure for annulment

§ 39. (1) On requests for deletion of a registered trademark (§ § 30 to 34 and § 66), on requests for transmission (§ 30a) as well as on requests for subsequent determination of the invalidity of a mark (§ 69a), the Invalidity Division decides by three Members of which one is in the chair. The chairman and one other member must be right-wing.

(2) By way of derogation from paragraph 1, decision-making decisions are made without the need for a decision in the case itself, decisions of the nullity department pursuant to paragraph 3 as well as decisions on claims under the Fees Act by way of the chairman.

(3) In the absence of a reply from the proprietor of the trade mark within the time limit laid down, the Invalidity Division shall, without further proceedings, have the right to delete or transfer the trade mark either in part or in part or to: to establish retrospectly or in part invalidity of the mark. If both the deletion and the transfer of a trade mark are requested in a procedure, the nullity department shall have the transfer to dispose of it, unless the request does not give the opposite effect.

Appeal against the decisions and decisions of the nullity department of the Patent Office

§ 40. The final decisions of the Invalidity Division of the Patent Office may be appealed by appeal to the Higher Regional Court of Vienna. According to the procedure, Section 141 (2) of the Patent Act 1970 is to be applied in a reasonable way.

§ 41. (1) No legal remedy is admissible against a preparatory decision of the speaker. In the event of decisions of the Invalidity Division in the course of the preliminary proceedings or of the proceedings, a separate appeal shall not be held subject to paragraph 2, they may be appealed only on the basis of the appeal, provided that they are applied to the Final decision has had an influence.

(2) Decisions pursuant to Section 130 (2) of the Patent Law 1970 against interruption decisions, decisions with which an appeal is rejected, and decisions on claims under the Fees Act is the recourse to the Oberlandesgericht (Oberlandesgericht) Vienna allowed. Decisions of the Court of Appeal may be appealed to the Supreme Court in accordance with Section 519 of the ZPO.

(3) § 142 (3) of the Patent Law 1970 is to be applied in accordance with the provisions of the Rekursverfahren.

§ 42. In the case of judgements of the Court of Appeal, the revision shall be admissible in accordance with § 502 ZPO, against a decision of the Court of Appeal (Section 41 (2)) of the Revisionsrekurs in accordance with § 528 ZPO. § 143 (2) and (3) of the Patent Act 1970 is to be applied in accordance with the procedures.

§ 43. (1) § § 144 (procedural aid) and 145 (1) to (3) (service, representation, entry into the proceedings) of the Patent Law 1970 shall be applied in accordance with the applicable law.

(2) § 146 (1) and (4) of the Patent Act 1970 shall apply in a reasonable way to the senate composition of the Vienna Higher Regional Court in appeal proceedings against a decision of the Legal Division or the Invalidity Division. "

10. In accordance with § 56, the following § 56a is inserted:

" § 56a. Only the Vienna Commercial Court shall be responsible for the proceedings and injunctions pursuant to this Section. "

Article 60a (2) and (3) reads as follows:

" (2) The jurisdiction in criminal matters under this section shall be entitled to the Vienna Regional Court for Criminal Matters.

(3) The provisions of the 17 shall apply to the assertion of the claims in accordance with § 53. Main piece of the Criminal Procedure Code 1975 (StPO), BGBl. No 631/1975. Both parts are entitled to appeal against the opposition to the claim for compensation. "

Article 61 (1) reads as follows:

" (1) Anyone who acts as a representative before the Patent Office must have domided or domiciled in Germany; however, the professional regulations apply to lawyers, patent attorneys and notaries. The representative shall do so by means of a written authorisation to be presented in the original or in duly certified copy. If more than one person is authorized, each person alone shall be empowered to represent them. "

Section 61 (4) and (5) reads as follows:

" (4) Those who have neither domided nor established domials in the country can only assert rights under this Federal Act before the Patent Office if it has a representative who satisfies the requirements of paragraph 1. He can only assert these rights before the Invalidity Division of the Patent Office if he is represented by an attorney, patent attorney or notary. However, if the place of residence or establishment is located in the EEA or in the Swiss Confederation, it is sufficient for the assertion of rights under this Federal Act to appoint a delivery representative domiced in the territory of the country. The requirement of the main residence in Germany does not apply to nationals of the EEA States Parties, if the state contracts with the State of residence of the place of residence of the service representative or otherwise ensure that they are provided. The appointment of a representative or a service representative is not required for the use of service and information services of the Patent Office.

(5) The authorization granted to a lawyer, patent attorney or notary for representation before the Patent Office empowers him by law, all rights under this federal law before the Patent Office and-insofar as he is legally competent to do so-before the patent office To assert right-of-law instances, in particular to register marks, to withdraw applications, to dispense with trademark rights, to bring in applications and appeals to be treated by the Invalidity Division, and to withdraw them, further comparisons , to include all kinds of deliveries, official fees, and those to be paid by the opponent to accept reimbursing costs and to appoint a deputy. "

14. The heading of Section VII is:

" Geographical Indications and designations of origin in accordance with Regulation (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs, OJ L 327, 31.12.2012, p. No. OJ L 343, 14.12.2012, p. 1.

15. § § 68 to 68c are:

" § 68. (1) Applications for registration of a name as a geographical indication or designation of origin under Regulation (EU) No 1151/2012, for modification of the specification or for the deletion of a registered name shall be submitted to the Patent Office; and to be examined by the Commission.

(2) By means of a regulation of the President of the Patent Office, the form and content of these applications may be set out in greater detail and the place and nature of the publications to be carried out in the context of the enforcement of Regulation (EU) No 1151/2012 may be established. In this context, the ability to know the date of publication and the status of the process, the data security required, and the simple but not limited use of electronic publications are particularly useful for electronic publications. to ensure that the data are accessible in the long term during the period of Community protection.

(3) In the event that the application does not meet the required requirements, the applicant shall be asked to remedy the deficiencies within a certain time-limit which may be extended upon request. Non-improved applications are to be rejected by decision.

(4) Unless otherwise provided in this Section, the remaining provisions of this Federal Law shall apply mutatily to the procedures provided for in this Section.

§ 68a. (1) The Patent Office shall publish the correct application in electronic form as well as an indication of this publication in the Patent Bulletin. Within three months from the date of the electronic publication, the patent office may lodge an objection against this application in writing. The reasoned objection must, together with all the supplements, be received by the Patent Office at the latest on the last day of the period. A reinstatement in the previous stand for failure to meet the opposition period or the appeal period (para. 7) does not take place.

(2) The admissible opposition is to be sent to the applicant for the reimbursement of a written statement within a reasonable time-limit, which can be extended for reasons that are due for reasons of return. In the event of a timely written statement, this shall be deemed to be withdrawal of the application.

(3) After the statements made in due time, the competent worker shall take the appropriate measures in respect of an appropriate correspondence, the establishment of the evidence provided by the parties and the inclusion of evidence. He shall, at the request of one of the parties, or if he deems it necessary in the individual case to decide on the opposition, to have an oral hearing to be held by the Office, which he or she shall open and initiate. He has to be convinced of the identity of the published members, to examine their party position and the power of representation as well as to conduct the trial without admission of any digression or divergences in such a way that the parties have the right to Hearing is respected. As negotiators, he determines the order in which the parties are to be heard, the evidence to be recorded and the results of earlier evidence or surveys to be presented and discussed. He decides on requests for evidence and clearly has to reject insignificant applications. In addition, he has the power to interrupt and postpone the trial as necessary and to determine the date for the continuation of the trial orally. A protocol shall be recorded on the hearing. The worker has to make a free assessment of the facts and evidence available.

(4) The parties have to bear the costs of the opposition proceedings themselves. The Fees Act-GebAG, is to be applied.

(5) If the application meets the requirements of Regulation (EU) No 1151/2012 and the national and Community provisions adopted for its application, the Patent Office shall, where appropriate, with the simultaneous rejection of a , with a decision and publish this positive decision in electronic form. If this is not the case, the application shall be dismissed by decision, unless it is to be done under paragraph 8.

(6) In the positive decision, under the conditions laid down in Article 15 (4) of Regulation (EU) No 1151/2012, a transitional period appropriate to the circumstances of the individual case may be fixed.

(7) Any natural or legal person with a legitimate interest and registered office or establishment in the country shall be subject to the decision pursuant to paragraph 5 within two months from the date of the electronic publication of the decision. Legal remedy of the recurse open.

(8) If, in the course of the examination of the grounds of opposition, it is established that the information contained in the single document published in accordance with paragraph 1 does not need to be altered only slightly, the procedure laid down above shall again be: ,

§ 68b. (1) Claims pursuant to Article 51 of Regulation (EU) No 1151/2012 shall be collected by the Patent Office within two months from the date of publication in the Official Journal of the European Union, in accordance with the second subparagraph of Article 51 (1) of this Regulation, and at the latest within a subsequent period of two months. A reinstatement to the previous stand for failure to meet the opposition period or the time limit for reasons does not take place.

(2) A late or not in accordance with the model of the proposed form shall be deemed not to have been filed.

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

§ 68c. (1) On requests for amendment of the specification in accordance with Art. 53 (2) 1. The procedure laid down in Article 68 (3) and (4) as well as § 68a of Regulation (EU) No 1151/2012 shall be applied accordingly.

(2) On requests for the deletion of a registered designation pursuant to Art. 54 (1) of Regulation (EU) No. 1151/2012, the procedure shall be applied accordingly in accordance with § 68 (3) and (4) and § 68a (1) to (5), (7) and (8). "

16. § 68f (1) reads:

" (1) Anyone who carries out acts in the course of business which is in breach of Article 12 (1) or (13) of Regulation (EU) No 1151/2012 may be entitled to use the protected geographical indication or designation of origin or to use the protected geographical indication or designation of origin. Associations for the promotion of economic interests of entrepreneurs, in so far as these associations represent interests which are affected by the act, by the Federal Chamber of Labour, the Austrian Chamber of Commerce, the Conference of Presidents of the Presidents of the Presidents of the European Communities, the Conference of Presidents of the Chambers of Agriculture of Austria or of the Austrian Trade union confederation on omission and, insofar as it is entitled to do so, shall also be used for the elimination of the state of resistance which is contrary to the above-mentioned provisions. Section 52 (2) to (6) shall apply mutatily. "

17. § 68i paragraph 2 reads:

" (2) The provisions of the 17 shall apply to the assertion of the claims in accordance with § 68f (2). Main piece of the Criminal Procedure Code 1975 (StPO), BGBl. No 631/1975. Both parts are entitled to appeal against the opposition to the claim for compensation. "

18. § 68j reads:

" § 68j. (1) For claims under this Section, the Commercial Court of Vienna shall be the sole competent authority in the first instance, regardless of the value of the dispute. In these cases, the Commercial Court of Vienna also has exclusive jurisdiction over injunction.

(2) The jurisdiction in criminal matters under this section shall be entitled to the Regional Court for Criminal Matters, Vienna. "

19. § § 69 and 69a para. 1 are:

" § 69. Applications for Community trade marks may be registered in accordance with Article 25 (1b) of Regulation (EC) No 207/2009 on the Community trade mark, OJ L 327, 31.12.2009, p. No. OJ L 78, 26.2.2009, p. 1., submitted to the Patent Office. The Patent Office shall mark the date on which the application is filed and shall forward the documents to the Office for Harmonisation in the Internal Market (Trade Marks, Designs and Trade Marks) unchecked within the period of two weeks provided for in Article 25 (2) of this Regulation. Models) in Alicante.

§ 69a. (1) For a registered or registered Community trade mark pursuant to Articles 34 or 35 of Regulation (EC) No 207/2009, a trade mark registered in the trademark register of the Patent Office or a trade mark which has been registered as a result of international law has been issued. Registration in Austria is subject to protection, and if this trademark has been deleted because of the waiver of the proprietor or because of non-timely renewal, this trademark may, based on the erasure status of the § § 30 up to 34 and § 66, the invalidity of the mark is subsequently established. "

20. § 69b Z 4 reads:

" 4.

if it is not represented by an authorized representative in accordance with Section 61 or has made a name for a service representative, an address pursuant to Art. 114 (3) (3) (lit). (c) to announce Regulation (EC) No 207/2009. "

21. § 69c (2) reads:

"(2) If the application for conversion concerns a trade mark already registered as a Community trade mark, the trade mark shall not be examined for legality (§ 20) and, after registration has been completed, there is no possibility of contradiction (§ 29a)."

Section 69d (1) reads as follows:

" (1) Community trade mark court of first instance within the meaning of Article 95 (1) of Regulation (EC) No 207/2009 shall be the Commercial Court of Vienna without regard to the value of the dispute. In cases where the Community trade mark court is responsible for actions, the Court also has exclusive jurisdiction over injunctions. "

Section 70 (3) reads as follows:

" (3) Subject to the application for an international registration where, at the time of deletion, a declaration of protection under Rule 18 is already in place. Ter Paragraph 1 or 2 of the Common Implementing Regulations to the Madrid Agreement on the International Registration of Trade Marks and the Protocol to the Agreement, BGBl. III. No 109/1997, or if the time limit for refusal of protection has already been passed in accordance with Article 5 (2) of the Protocol, the mark shall not be checked for legality (§ 20) and shall not exist after the registration has been completed. Possibility of contradiction (§ 29a). "

24. According to § 77b, the following § 77c is inserted:

" § 77c. (1) § 176b of the Patent Law 1970 is to be applied.

(2) The end of one at the time of the entry into force of the Federal Law BGBl. In accordance with Section 68a (1), the period of opposition under Article 68a (1) shall be determined in accordance with Section 68a (1) in the version applicable before the entry into force of the above-mentioned Federal Act.

(3) § § 56a, 60a para. 2 and § 68j in the version of the Federal Law BGBl. I No 126/2013 shall apply to proceedings in respect of which the action or the private prosecution has been brought in after 31 December 2013.

(4) § 69c (2) and § 70 (3) in the version of the Federal Law BGBl. I n ° 126/2013-insofar as they relate to the exclusion of converted Community trade marks and converted international registrations from the conflict-are exclusively published after the entry into force of this Federal Law Apply brands. "

25. § 80 Z 1 reads:

" 1.

with regard to § § 10, 10a, 10b, 12, 14, 23, 37, 38, 40 to 43 and 57 of the Federal Minister of Transport, Innovation and Technology and the Federal Minister for Justice, "

26. § 80 Z 3 reads:

" 3.

with regard to § § 13, 51 to 56a, 58 to 60b, § 67 and § § 68f to 68j of the Federal Minister of Justice, "

27. Section 81a is added to the following paragraph 6:

" (6) § 2 para. 3, § 17 para. 2 Z 1, § 20 para. 3, § 24 para. 4, § 29a para. 4, § 29b para. 1, § 35 para. 1, 5 and 6, § § 36 to 43 together with headlines, § § 56a, 60a para. 2 and 3, § 61 para. 1, 4 and 5, the title of the VII. Section, § § 68 bis 68c, § 68f paragraph 1, § 68i paragraph 2, § 68j, § § 69, 69a para. 1, § 69b Z 4, § 69c paragraph 2, § 69d para. 1, § 70 para. 3, § § 77c and 80 Z 1 and 3 in the version of the Patent and Trademark Law Novelle 2014, BGBl. I No 126/2013, enter 1. Jänner 2014 in force. "

Article 7

Amendment of the Model Protection Act 1990

The Model Protection Act 1990, BGBl. No 497/1990, as last amended by the Federal Law BGBl. I No 151/2005, shall be amended as follows:

1. § 26 reads:

" § 26. (1) For the purpose of decision-making and other charges in matters relating to the protection of samples, the Patent Office shall be the competent authority, unless otherwise provided in this Federal Act. In the patent office, the member of the legal department responsible for these matters shall be appointed to the extent that they are not reserved to the President or to the Invalidity Division.

(2) § § 52 to 56, 57 para. 2, § § 57b, 58, 58a, 58b, 60, 61, 64, 66 to 69, 76, 79, 82 to 86 and 126 to 137 of the Patent Law 1970 shall apply mutaficly. "

2. § 27 (2) reads:

"(2) § 76 of the Patent Law 1970 shall apply mutatily to the authorized staff."

3. § 28 with headline shall be deleted.

4. The heading of § 29 reads:

"Procedure before the Invalidity Division"

Section 29 (2) reads as follows:

" (2) The nullity department negotiates on the claims and claims referred to in paragraph 1 in a meaningful application of § § 112 (2) to (114a), 115 (2) to (4), § 116 (2) to (5), 117 to 120 and 122 to 125 of the Patent Act 1970. However, oral proceedings shall be held only if it is held by the competent member or requested by a party. "

6. § 30 deleted.

Section 32 (1) reads as follows:

" (1) Anyone who acts as a representative in matters of pattern protection before the Patent Office must have domided residence in Germany; however, the professional regulations apply to lawyers, patent attorneys and notaries. The representative shall do so by means of a written authorisation to be presented in the original or in duly certified copy. If a number of persons are authorised, each individual shall also be authorized to represent them alone. "

8. § 32 (4) and (5) reads:

" (4) Those who have neither domided nor established domials in the country can only assert rights under this Federal Act before the Patent Office if it has a representative who satisfies the requirements of paragraph 1. He can only assert these rights before the Invalidity Division of the Patent Office if he is represented by an attorney, patent attorney or notary. However, if the place of residence or establishment is located in the European Economic Area, it is sufficient for the assertion of rights under this Federal Act to appoint a delivery representative domiced in the territory of the country. The requirement of the main residence in Germany does not apply to nationals of the EEA States Parties, if the state contracts with the State of residence of the place of residence of the service representative or otherwise ensure that they are provided.

(5) The authorization granted to a lawyer, patent attorney or notary for representation before the Patent Office empowers him by law, all rights under this federal law before the Patent Office and-insofar as he is legally competent to do so-before the patent office Appeal to appeal bodies, in particular to register samples, to withdraw applications, to waive registered designs, to submit and withdraw applications and appeals to be treated by the nullity department, and to withdraw Comparisons to be concluded, all kinds of deliveries and official fees, and the To accept an opponent's procedural and representative costs and to appoint a deputy. "

9. After the fifth main piece, we have the following VI. Main piece inserted:

" VI. THE OBERLANDESGERICHT WIEN AND THE SUPREME COURT AS APPEAL BODIES "

10. The § § 40 to 43e and the headings are:

" A. Appeal against the decisions of the Legal Department of the Patent Office

Recurs

§ 40. (1) The decisions of the Legal Department may be appealed by recourse to the Higher Regional Court of Vienna.

(2) No legal remedy shall be admissible against the provisions of the referent preparatory to a decision of the Legal Division.

Procedure

§ 41. The provisions of the Extrastreit Act (External StrG), BGBl, apply to the Rekursverfahren. No 111/2003, with the exception of § § 44, 49 of the External Strg Act and the following particularities:

1.

References in the external road to the Court of First Instance shall be deemed to be references to the Legal Division.

2.

The period of recurrity and the time limit for the response shall be two months; they shall not be renewable.

3.

Any new facts or evidence may only be provided for support or for the revocation of the facts and evidence presented in good time in the first instance.

4.

If there are deficiencies in a timely overdue recourse, the responsible member shall set a deadline for improvement. Late recourses or recourses which are not improved within the time limit laid down shall be rejected by the competent Member. Recurses against decisions of the authorized staff member shall be rejected by the competent Member.

5.

Decisions pursuant to Section 50 of the External Security Act shall be adopted by the competent Member of which the contested decision has been adopted. If the decision has been taken by the authorised staff member, the Member responsible shall decide.

6.

Section 51 (1) of the External Strings Act shall be applied with the proviso that the files relating to the case shall be submitted, where appropriate, with an enlighthed report.

7.

The parties have to bear the costs of the proceedings themselves.

8.

Recursdecisions of the Rekursgericht are to be delivered by the Rekursgericht.

Revision recurs

§ 42. (1) The revision course shall be admissible against a decision of the Court of Recourse which has been taken in the course of the recursion procedure in accordance with § 62 of the German Federal Law.

(2) The provisions of the external StrG shall apply in accordance with the provisions of the revision procedure with the following special features:

1.

The revision recursion period and the deadline for the revision recursion are two months; they are not renewable.

2.

The revision course and, if necessary, the admission requirements are to be submitted to the Rekursgericht; the refoulement pursuant to § 67 of the external StrG shall be made by the Rekursgericht (court of recourse). Except in the case of Section 68 (4) (2) of the External StrG, the Revisionsrecursresponsibility shall also be submitted to the Rekursgericht (Rekursgericht).

3.

The parties have to bear the costs of the proceedings themselves.

B. Legal remedies against decisions and decisions of the nullity department of the Patent Office

Appeal

§ 43. (1) The final decisions of the Invalidity Division of the Patent Office may be appealed by appeal to the Higher Regional Court of Vienna.

(2) The provisions of the Code of Civil Procedure (ZPO), RBGl, apply to the appointment procedure. No. 113/1895, with the exception of section 461 (2) of the ZPO and the following special features:

1.

References in the ZPO to the Court of First Instance shall be deemed to be references to the Invalidity Division.

2.

The period of appeal and the time limit for the appeal shall be two months; they shall not be renewable.

3.

If there are deficiencies in a timely appeal, the right-wing member shall set a time limit for the appeal. If the deficiencies are remedied within the time limit, the appeal shall be deemed to have been duly submitted.

4.

Appeal decisions of the Court of Appeal shall be delivered by the Appeals Court.

Recurs

§ 43a. (1) An appeal shall not be admissible against a preparatory disposition of the right-hand member. In the event of decisions of the Invalidity Division in the course of the preliminary proceedings or of the proceedings, a separate appeal shall not be held subject to paragraph 2, they may be appealed only on the basis of the appeal, provided that they are applied to the Final decision has had an influence.

(2) Decisions pursuant to § 26 in connection with Section 130 (2) of the Patent Law 1970, BGBl. No. 259/1970, as well as decisions on claims under the Fees Act, the recourse to the Higher Regional Court of Vienna is permissible. Decisions of the Court of Appeal may be appealed to the Supreme Court in accordance with Section 519 of the ZPO.

(3) The provisions of the ZPO shall apply in accordance with the following special features for the re-courting procedure:

1.

References in the ZPO to the Court of First Instance shall be deemed to be references to the Invalidity Division.

2.

Recurse according to the first sentence of the second sentence of the first sentence of the first sentence of the Court of Appeal shall be brought to the Court of Appeal in accordance with the second sentence of

3.

If a recalculated recourse according to paragraph 2 of the first sentence has defects, the right-handed referent of the Invalidity Division shall set a time limit for the recourse advertiser to improve. If the deficiencies are remedied within the time limit, the recourse shall be deemed to have been submitted in good time.

4.

Recursdecisions of the Rekursgericht are to be delivered by the Rekursgericht.

Revision and revision recurs

§ 43b. (1) In the case of judgments of the Court of Appeal, the revision shall be admissible in accordance with § 502 ZPO, against a decision of the Recourse Court of the Revisionsrekurs in accordance with § 528 ZPO.

(2) For the revision procedure, the provisions of the ZPO shall apply in accordance with the following special features:

1.

The revision period and the time limit for the revision shall be two months; they shall not be renewable.

2.

The revision shall be brought before the Court of Appeal. The references to the trial court of the first instance shall be construed as references to the Court of Appeal, with the exception of those relating to the referral back to the first instance. Except in the case of Section 507a (3) Z 2 of the ZPO, the appeal to the Court of Appeal shall also be submitted to the Appeals Court.

(3) The provisions of the ZPO apply analogously to the revision procedure with the proviso that the revision course is to be submitted to the Rekursgericht (Rekursgericht).

C. Common provisions

Procedural assistance

§ 43c. Procedural assistance for an appeal procedure in accordance with this main item is to be applied for at the Patent Office. The nullity department shall decide on the application for the authorization of the procedural aid by a decision of the chairman. § 7 (2) of the External Strg Act, § § 63, 64, 66 to 73 ZPO and § 45 RAO, RGBl. No 96/1868, shall apply with the proviso that references to the General Court shall be deemed to be references to the Invalidity Division. Instead of the forgiveness of a lawyer, it is also possible to grant the forgiveness of a patent attorney for the appeal proceedings before the Higher Regional Court of Vienna. The decision may be levied within two weeks.

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

§ 43d. (1) The delivery of documents by the Patent Office in an appeal procedure pursuant to this main item shall take place in accordance with Section 26 (2) in conjunction with § § 85 and 86 of the Patent Law 1970.

(2) In the proceedings before the Higher Regional Court of Vienna, patent attorneys and notaries are also authorized to represent them. The appointment to the plenipotentiary replaces their documentary evidence.

(3) In the case of multiple proceedings, the acquirer of a right-of-dispute may also enter the proceedings without the consent of the opponent.

(4) § 31 shall apply mutatily to the inspection of files in appeal proceedings in accordance with this main piece of work.

Composition of the Senate

§ 43e. § 146 (1) and (4) of the Patent Act 1970 shall apply mutasensitily to the senate composition of the Vienna Higher Regional Court. "

11. § 44d is added to the following paragraph 5:

" (5) § 176b of the Patent Act 1970 and § 4 Administrative Court Jurisdiction Transitional Act, BGBl. I No 33/2013, shall be applied mutatily. '

Section 46 is added to the following paragraph 10:

" (10) § § 26, 27 (2), the title of § 29, § 29 (2), § 32 (1), (4) and (5), the title of VI. Main piece, § § 40 to 43e including headlines, § 44d paragraph 5 and § 47 Z 2 in the version of the Patent and Trademark Law Novelle 2014, BGBl. I No 126/2013, enter 1. Jänner 2014 in force. At the same time, § 28, together with the title and § 30, are repeal in the version currently in force. "

13. § 47 Z 2 reads:

" 2.

as regards Section 26 (2) in conjunction with Section 126 of the Patent Act 1970 and § § 40 to 43e of the Federal Minister of Transport, Innovation and Technology and the Federal Minister for Justice, "

Article 8

Amendment of the Patent Office Fee Act

The Patent Office Fee Act, BGBl. No 149/2004, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 36/2011, is hereby amended as follows:

1. § 13 (8) reads:

" (8) The objection of an applicant against a patent office pursuant to Art. 17 (3) lit. a PCT or in accordance with Art. 34 (3) lit. a PCT fixed additional fee shall be decided by the Technical Department by three members, among which two technical members shall be required to be located. The Senate has to be a member of the Executive Board of the department that chairs the Senate. The decision of the Senate may not be challenged by a legal remedy. The fee for the examination of the objection is 220 euros. "

2. § 28 reads:

" § 28. (1) The fees shall be for:

1.

the request for the convening of an oral hearing before the

the legal department or the technical department

210 Euro,

2.

any request to be negotiated before the Invalidity Division

450 Euro,

3.

the application for modification of the name or company of the

Applicants or rightholders

40 Euro,

4.

the request for modification of the applicant or the holder of the right to:

Registration or deletion of a licence or transfer of licences,

of a pawn or other, in particular a dingy,

Right

85 Euro,

5.

the request for modification of the applicant or rightholder of a

Brand name

340 Euro,

6.

the application for the registration of a dispute resolution

40 Euro,

7.

the application for further treatment

150 Euro,

8.

the request for re-establishment of rights in the previous state

220 euros.

(2) The fees laid down in paragraph 1 shall be payable for each application and for any right of protection which is the subject of the application.

(3) If a request for re-establishment of rights is granted on the basis of a failure to pay an annual fee, annual fees which have become due within one month from the date of notification of the decision without a supplement shall be granted. pay.

(4) After a final decision on a resumption of the proceedings, the annual or renewal fees which have become due within one month from the date of notification of a corresponding notification of the Patent Office without a surcharge shall be made. pay. "

3. In accordance with § 36, the following § 37 is inserted:

" § 37. For applications, complaints and appeals, which prior to the entry into force of the Patent and Trademark Law Novelle 2014, BGBl. Article 28 (1) and (2) shall continue to be applied in the version in force before the entry into force of the aforementioned Federal Law. "

4. § 40 is added to the following paragraph 14:

" (14) § 13 para. 8, § § 28 and 37 in the version of the Patent and Trademark Law Novelle 2014, BGBl. I No 126/2013, enter 1. Jänner 2014 in force. "

Article 9

Amendment of the Plant Variety Protection Act 2001

The Plant Variety Protection Act 2001, BGBl. I n ° 109/2001, as last amended by the Federal Law BGBl. I n ° 42/2005, shall be amended as follows:

1. § 7 (2) reads:

" (2) Those who have no residence or registered office in any EEA or Member State may have rights under this federal law before the Federal Office for Food Security and the Federal Minister for Agriculture, Forestry, the Environment and Water Management only by means of a authorized representatives in the home country, before the Invalidity Division and the Higher Regional Court of Vienna, only by a lawyer or patent attorney. "

2. § 20 reads:

" § 20. (1) The Invalidity Division of the Patent Office shall decide in proceedings

1.

on the issue of a compulsory licence pursuant to § 6,

2.

on the declaration of invalidity and the official transfer of the plant variety right in accordance with § 15,

3.

for the deletion of a variety denomination in accordance with § 18.

(2) In the case of appeals against decisions of the Annulment Division, the Patent Law is to be applied in 1970.

(3) The composition of the senate in the procedure referred to in paragraphs 1, Z 1 and 2 shall be subject to the provisions of the Patent Law 1970 with the proviso that each Senate of the Invalidity Division shall be a member of a member appointed by the Federal Minister of Transport, Innovation and Technology has been appointed on a proposal by the Federal Minister for Agriculture, Forestry, Environment and Water Management. Only persons who are competent in matters relating to plant variety protection may be appointed. Article 146 (3) of the Patent Act 1970 applies to the Senate composition in the appeal bodies. The composition of the Senate in the proceedings referred to in paragraph 1 Z 3 shall be subject to the trademark protection law in 1970. "

Section 22 (2) Z 9 reads as follows:

" 9.

the reference to pending proceedings before the Invalidity Division of the Patent Office and the relevant appeal bodies, "

4. § 27 the following paragraph 5 is added:

"(5) § 176b of the Patent Law 1970 is to be applied in a reasonable way."

5. § 28 the following paragraph 5 is added:

" (5) § 7 para. 2, § § 20, 22 para. 2 Z 9, § 27 para. 5 and § 29 Z 3 in the version of the Patent and Trademark Law Novelle 2014, BGBl. I No 126/2013, enter 1. Jänner 2014 in force. "

6. § 29 Z 3 reads:

" 3.

as regards Section 20 (3) of the Federal Minister of Transport, Innovation and Technology, in agreement with the Federal Minister for Agriculture, Forestry, the Environment and the Federal Minister for Justice, "

Article 10

Amendment of the Patent Law

The Federal Act, which regulates the profession of patent law (Patentanwaltsgesetz), Federal Law Gazette (BGBl). No. 214/1967, as last amended by the Federal Act BGBl. I n ° 135/2009, shall be amended as follows:

1. § 6 (2) and (3) reads:

"(2) The Patent Attorneys ' Chamber shall indicate the registration in the list of patent attorneys to the Patent Office and, at the expense of the patent attorney in question, to arrange for the presentation of the registration in the" Patentblatt " as well as on the Internet on the homepage of the patent attorneys general. Patentanwaltskammer (http://www.oepak.at) shall be published immediately and in general terms.

(3) The loss of the identity card issued in accordance with paragraph 1 shall be notified immediately by the patent attorney to the patent attorney's chamber and from the patent attorney's office. "

2. § 7 (4) reads:

"(4) The patent attorney's chamber has to display the deletion in the list of patent attorneys to the Patent Office and, at the expense of the patent attorney in question, to arrange for the deletion of the deletion in the" Patentblatt " as well as on the Internet on the homepage of the patent attorneys. Patentanwaltskammer (http://www.oepak.at) shall be published immediately and generally accessible. "

§ 7a para. 1 lit. c is deleted.

4. § 16 (1) reads:

" (1) The patent attorney is for professional advice in the field of inventor, plant variety protection, semiconductor protection, marking and patterning, further to professional representation before the Patent Office, in appeal proceedings against decisions of the Patentamts before the Higher Regional Court of Vienna as well as in matters of plant variety right before the competent administrative authorities. "

Section 16 (3) reads as follows:

" (3) Patent attorneys who participate in oral proceedings before the Invalidity Division of the Patent Office in the performance of their professional activities shall be entitled to carry out an office of office. By Regulation of the President of the Patent Office, the more detailed provisions on the form of the office of office shall be taken. "

6. § 16c (3) reads:

" (3) In the State of origin no professional organizations with disciplinary authority over the service-performing patent attorney are subject to the disciplinary treatment by the disciplinary board in the appropriate application of the V. Section. Disciplinary penalties and measures which restrict the exercise of their profession may only be made effective in respect of the national territory. To the place of disciplinary sanctions in accordance with § 48 paragraph 1 lit. c and d is the prohibition to provide services domestiy. "

7. § 17 (2) reads:

" (2) He is, in particular, obliged to secrecy about the matters entrusted to him in his capacity as patent attorney and, in respect of these matters, he may also testify as a witness before the courts and before the Administrative authorities refuse. "

8. § 23 (1) reads:

" (1) The patent attorney is obligated to represent the free representation of parties in the patent grant proceedings, in proceedings before the Invalidity Division and in any appeal proceedings before the Oberlandesgericht Vienna against the Decision of the Invalidity Division in patent matters to be adopted in accordance with the following provisions. "

9. § 25 reads:

" § 25. The election and amendment of the Registran's seat is free of the patent attorney. However, it shall indicate the change in the seat that has been made within three days of the patent attoring chamber. This has to be notified to the Patent Office without delay and, at the expense of the patent attorney in question, to arrange for the presentation of the seat in the "Patentblatt" as well as on the Internet on the homepage of the patent attorney's chamber (http://www.oepak.at) to be published immediately and in general terms. "

10. § 26 (1) and (2) reads:

" (1) The patent attorney shall be entitled to be represented under his responsibility by another patent attorney, a lawyer or a patent attorney general employed by him. However, before the invalidity department of the Patent Office and in the appeal proceedings against the decision of the Invalidity Division, the representation by a patent attorney general is inadmissible; however, it is in the respective oral proceedings if the patent attorney or solicitor who is enduring is requested to speak.

(2) If, as a result of the prevention of a patent attorney, a different patent attorney or a lawyer is appointed to his representative for all matters to be held by him, and the prevention lasts more than six weeks, the Representation of the patent attorney's chamber and of the patent attorney's office. "

11. § 34 para. 2 lit. c is:

" (c)

the reimbursement of the proposal for the appointment of the members and substitute members of the disciplinary board belonging to the patent attorney (§ 51 para. 2) as well as for the appointment of the disciplinary lawyer and his deputies (§ 54 para. 1); "

12. § 37 (4) reads:

"(4) The result of the election shall be communicated to the Federal Minister for Transport, Innovation and Technology and the Patent Office within one week."

13. § 48 para. 1 lit. c is:

" (c)

The exercise of the patent attorney's profession up to the duration of one year; against a patent attorney general, instead of this penalty, the loss of the right to represent his employer pursuant to Article 26 (1) shall be up to the maximum period of one year, as well as to the To recognize the same length of time as the patent attorneys have been registered or can be entered in the patent attorneys ' list; "

14. § 48 (4) reads:

" (4) Any disciplinary penalty in force shall be included in the list of patent attorneys, in the list of registered patent attorneys, or in the list of patent attorneys general. Final disciplinary penalties in accordance with paragraph 1 lit. c and d or in accordance with § 16c (3) shall be notified to the Patent Office. If such disciplinary penalties are imposed on a patent attorney, they shall be published at the expense of the patent attorney in question in the manner specified in Section 6 (2). "

15. § 49 reads:

" § 49. In order to conduct the disciplinary proceedings, the Disciplinary Board is established at the Patent Bar Association. The expenses for the disciplinary proceedings shall be borne by the Patent Bar Association. "

16. § 50 reads:

" § 50. The Disciplinary Board consists of a right-wing member of the Patent Office as chairman and two patent attorates as co-sitters. The members of the Disciplinary Board may not be members of the Board of Directors (§ 35). "

17. § 51 (1) to (3) reads:

" (1) The members and substitute members of the Disciplinary Board shall be appointed by the Federal President for a six-year period of function, namely:

a)

the Chairman of the Disciplinary Board and his/her deputies from the circle of right-wing members of the Patent Office;

b)

two members of the Disciplinary Board as well as three substitute members for the Disciplinary Board from the district of patent attorneys.

(2) The Federal Minister of Transport, Innovation and Technology shall have a right of proposal to the Federal Government in respect of its appointment with regard to the members of the Patent Office. With regard to the patent attorneys, the Patent Attorneys ' Chamber has to reimburse the proposals to the Federal Minister for Transport, Innovation and Technology, who are to be forwarded to the Federal Government by the Federal Minister for Transport.

(3) If necessary, the Disciplinary Board shall be supplemented by appointment of other members and substitute members for the remainder of the functional period in accordance with the provisions of paragraphs 1 and 2. "

18. § 52 reads:

" § 52. (1) The members of the Disciplinary Board shall not be bound by any instructions in the performance of this Office.

(2) The Federal Minister of Transport, Innovation and Technology shall have the right to inform himself of all matters of the Board of Management of the Disciplinary Board. "

19. § 53 reads:

" § 53. The office of a member of the Disciplinary Board, the Office of the Disciplinary Board (Section 54 (1)) and the Office of the Commission of Inquiry (§ 61) are undefeated honorary offices, but the Patent Bar Association has to pay the cash outlays and to pay them to provide the advances necessary for the conduct of the disciplinary procedure. "

Article 54 (1) and (2) reads as follows:

" (1) The Disciplinary Lawyer and two deputiors shall be appointed by the Federal President for a six-year function period from the circle of patent attorneys. They shall not be members of the Disciplinary Board. Section 51 (2) to (4) shall apply mutatily.

(2) The Disciplinary Authority shall be responsible for representing the ad before the Disciplinary Board. He shall be heard by the Disciplinary Board before any decision is taken. "

21. § 55 (1) and (2) reads:

" (1) The members of the Disciplinary Board and the Disciplinary Authority shall be divorced if a change occurs in their official or professional status, which eliminates the conditions required for their appointment.

(2) During the duration of a criminal or disciplinary procedure pending against a member of the disciplinary board or against a disciplinary authority, its function rests. It shall cease if the criminal proceedings end with a conviction or the disciplinary procedure with a disciplinary penalty. "

22. § 56 reads:

" § 56. The accused patent attorney has the right to refuse two members of the Disciplinary Board without giving reasons within one week of the notification of the referral decision (Section 58 (2), § 65 (1) and (2)). "

Section 58 (3) reads as follows:

" (3) There is no legal remedy against the initiation of the disciplinary investigation. The decision of the Disciplinary Board, which rejects the initiation, shall be open to the Disciplinary Authority. "

Section 60 (2) reads as follows:

" (2) The Federal Minister of Transport, Innovation and Technology, the Patent Office, the Patent Attorney's Chamber, the accused and the Disciplinary Authority shall be notified of this decision. The decision shall be made in the list of patent attorneys or the patent attorneys general. "

Section 65 (3) reads as follows:

" (3) The decision to end the proceedings shall be justified and shall be notified to the supervisory authority, to the accused and to the disciplinary authority. The decision to end the proceedings shall be open to the disciplinary authority. "

26. § 69 reads:

" § 69. The costs of the proceedings before the Disciplinary Board are to be borne in the case of a guilty verdict by the convicted person and in the case of an acquitted by the patent attorney's chamber. The costs of the proceedings also include the cash outlays according to § 53, the amount of which must be determined in the knowledge. In any case, the costs of the defender shall be borne by the accused. "

27. § 71 reads:

" § 71. The Administrative Court of the Land shall decide on complaints against findings and decisions of the Disciplinary Board. "

§ 72 reads:

" § 72. (1) The accused and the Disciplinary Authority are legitimated to the complaint.

(2) The right to review the findings of the administrative court of the country in accordance with Art. 133 (1) Z 1 B-VG is also applicable to the Disciplinary Authority.

(3) Knowledge and decisions of the Administrative Court of the Land in Disciplinary Matters are to be brought to the attention of the Patent Bar Association and the Patent Office. "

29. § 77 reads:

" § 77. Unless otherwise specified, the procedure to be followed in accordance with this Federal Act and the decisions and dispositions adopted by the President of the Patent Office and the institutions of the Patent Bar Association shall be the General Administrative procedural law in 1991. "

30. The heading of Section VIII is:

"Transitional and final provisions".

31. In accordance with § 77, the following § 77a is inserted:

" § 77a. Responsibility for the continuation of the proceedings of the Disciplinary Arsenal pending at the end of 31 December 2013 shall be transferred to the administrative court of the country. "

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

" (2) § 6 para. 2 and 3, § 7 para. 4, § 16 para. 1 and 3, § 16c para. 3, § 17 para. 2, § 23 para. 1, § § 25, 26 para. 1 and 2, § 34 paragraph 2 lit. c, § 37 para. 4, § 48 paragraph 1 lit. c and para. 4, § § 49, 50, 51 para. 1 to 3, § § 52, 53, 54 para. 1 and 2, § 55 para. 1 and 2, § § 56, 58 para. 3, § 60 para. 2, § 65 para. 3, § § 69, 71, 72, 77, the title of the VIII. Section, § § 77a and 81 Z 1 in the version of the Federal Law, BGBl. I No 126/2013, enter 1. Jänner 2014 in force. At the same time § 7a para. 1 lit. c) and § 81 (2) and (4) in the version previously in force. "

33. § 81 Z 1 reads:

" 1.

as regards Section 51 and Section 54 (1), the Federal Government and the Federal Minister for Transport, Innovation and Technology, depending on their scope of action; "

34. § 81 (2) and (4) are deleted.

Article 11

Amendment of the Jurisdiction Standard

The jurisdictional norm, RGBl. N ° 111/1895, as last amended by the Federal Law BGBl. I No 35/2012, shall be amended as follows:

§ 53 reads:

" § 53. The Commercial Court of Vienna is solely responsible for disputes concerning the infringement of industrial property rights in the first instance. In these cases, the Commercial Court of Vienna also has exclusive jurisdiction over injunction. "

Article 12

Entry into force on Art. 11

§ 53 Law of Jurisdiction in the version of the Federal Law BGBl. I n ° 126/2013 is 1. January 2014 shall apply to proceedings in respect of which the action has been brought after 31 December 2013.

Fischer

Faymann