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Second Regulation on the implementation of the law on workers ' inventions

Original Language Title: Zweite Verordnung zur Durchführung des Gesetzes über Arbeitnehmererfindungen

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Second Regulation on the implementation of the law on workers ' inventions

Unofficial table of contents

ArbnErfGDV 2

Date of completion: 01.10.1957

Full quote:

" Second Regulation implementing the Law on Workers ' inventions in the revised version published in the Federal Law Gazette, Part III, section 422-1-2, as last amended by Article 8 of the Law of 31 July 2009 (BGBl. 2521).

Status: Last amended by Art. 8 G v. 31.7.2009 I 2521

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1975 + + +) 

Unofficial table of contents

Input formula

Pursuant to Section 45 of the Act on Employees ' inventions of 25 July 1957 (Bundesgesetzbl. I p. 756) shall be assigned in agreement with the Federal Minister for Labour: Unofficial table of contents

§ 1 Conditions for the appointment as a co-sitter

(1) As a member of the employers 'and employees' circles for the extension of the occupation of the arbitration body in accordance with Section 30 (4) and (5) of the Act on Employees ' inventions (Beisitzer), persons who are the twenty-fifth (2) The office of a co-sitter shall not be held responsible for:
1.
Who, as a result of judicial proceedings, does not have the ability to hold public office or has been sentenced to imprisonment for more than six months on account of an intentional act;
2.
who is accused of an act which may lead to the loss of the ability to hold public office;
3.
who is limited by court order at the disposal of his assets;
4.
who does not have the right to vote for the German Bundestag.
(3) Officials and employees of the Patent Office may not be appointed as a co-sitter. (4) No one shall at the same time be a co-sitter of the employers ' side and the employee side. Unofficial table of contents

§ 2 Beisitters from employers ' circles

(1) Contributors from employers 'circles may also be those who do not employ workers temporarily or regularly at certain times of the year. (2) To be appointed by employers' counties, they may also be appointed
1.
in the case of holdings of a legal person or of a person as a whole, persons who, by virtue of the law, the articles of association or the social contract, or as members of the representative body, represent the legal person or the whole of the person are appointed;
2.
conducting employees if they are entitled to hire and dismiss workers employed in the holding or in the business department, or if they have been granted general authority or prokura or if they have tasks which, because of their importance for the stock and the development of the holding, regularly transfer to specific persons, in view of their particular experience and knowledge, only on account of the specific personal confidence of the employer ,
3.
in the case of the Federal Government, the Länder, the municipalities, the municipal associations and other bodies, institutions and foundations of the public law, officials and employees shall, according to the order of the competent supreme federal or state authority, be arranged in a more detailed way;
4.
Members and employees of associations of employers and members of the Management Board and employees of associations of such associations, if these persons are authorised to represent them by virtue of their statutes or power of atonation.
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§ 3 Two-seater of workers ' circles

(1) Members of the employee's county may also be those who are unemployed. (2) The employees are members and employees of trade unions for the appointment of a member of the employee, of self-employed associations of employees with social or economic interests. Professional policy purpose, as well as board members and employees of unions of unions, if these persons are empowered to represent them by virtue of their statutes or powers of atonation. Unofficial table of contents

§ 4 List of proposals

(1) List of proposals for the selection of the two-seater shall be submitted to the President of the Patent Office. (2) The list of proposals shall contain the following information on the persons proposed as a co-sitter:
1.
Name,
2.
Birthday,
3.
Occupation,
4.
Place of residence.
(3) The list of proposals shall be accompanied by a declaration of the persons proposed as a co-sitter to the effect that the conditions for the appointment as a co-sitter (§ § 1 to 3) are available in their person and that they are ready to take up the office of the co-sitter. (4) Changes in the person of a proposed co-sitter concerning the conditions for the appointment as a co-sitter (§ § 1 to 3) or the information required in accordance with paragraph 2 shall be the President of the Patent Office of the The organisation which has proposed the co-sitter shall be notified without delay. They shall be noted by the President of the Patent Office in the list of proposals. Unofficial table of contents

§ 5 Ehrenamt

(1) The Office of the Chairperson shall be an honorary office. (2) The Chairman of the Arbitration Board shall undertake to oblige the advisers, before their first service, to comply with the obligations of their Office. He is to point out the advisors to § 24 of the Act on Employees ' inventions. The obligation shall include a record to be signed by the pledge. Unofficial table of contents

§ 6 withdrawal of a co-sitter

(1) Proposals for the appointment as a co-sitter may be withdrawn by the organization that submitted it. Withdrawal shall be notified in writing to the President of the Patent Office. (2) The President of the Patent Office shall, after receipt of the notice of withdrawal, delete the proposed co-sitter in the proposed list. If the Beisitzer has already been appointed for an arbitration procedure, the order shall remain effective until the end of the arbitration procedure. (3) The President of the Patent Office shall immediately in writing the withdrawal of the proposed Beisitzer . Unofficial table of contents

Section 7 Abconvening of a co-chair

(1) The President of the Patent Office shall not appoint a proposed Beisitzer and shall immediately dismiss an already appointed Beisitzer if the absence of a condition for the appointment (§ § 1 to 3) is subsequently known or is not required. a condition is subsequently continued. (2) The same shall apply if a co-sitter grossly violates his official duties. (3) Before the convocation, the co-sitter shall be heard. Unofficial table of contents

§ 8 Compensation of the Beisitzer

The Beisitzer will receive compensation in accordance with § § 2, 3, 5 to 7 and 16 to 18 of the Justice Compensation and Compensation Act; § 4 of this Act applies accordingly. The compensation shall be determined by the chairman of the arbitration body. The administrative court in whose district the arbitration body has its head office shall be the competent authority for the purpose of the court's decision. The fixing may be transferred to the Patent Office by the Chairman of the Arbitration Board. Unofficial table of contents

§ 9 (omitted)

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§ 10 Beiseer from among officials and soldiers

In the case of civil servants and soldiers, the public service shall be subject to the provisions of this Regulation. Unofficial table of contents

§ 11 (omitted)

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§ 12 (omitted)

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Section 13 Entry into force

This Regulation shall enter into force on the day following that of its announcement. Unofficial table of contents

Final formula

The Federal Minister for Justice