Second Ordinance For The Implementation Of The Law On Employee Inventions

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

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Read the untranslated law here: http://www.gesetze-im-internet.de/arbnerfgdv_2/BJNR016800957.html

Second Ordinance for the implementation of the law on employee inventions ArbnErfGDV 2 copy date: 01.10.1957 full quotation: "second regulation on the implementation of the law on employee inventions in the in the Federal Law Gazette Part III, outline number 422-1-2, adjusted version published recently by article 8 of the Act of July 31, 2009, (BGBl. I p. 2521) has been changed" stand: last amended by article 8 G v. 31.7.2009 I 2521 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from validity) : 1.1.1975 +++) input formula on the basis of article 45 of the law on employee inventions of July 25, 1957 (Bundesgesetzbl. I p. 756) is prescribed in the agreement with the Federal Minister of labour: section 1 requirements for the appointment of the auditing (1) associate members from circles of employers and of workers for the expansion of the occupation of the Arbitration Board pursuant to § 30 par. 4 and 5 of the Act on employees inventions (assessor) shall be persons appointed, who have reached the age of twenty.
(2) appointed of an assessor is excluded, who has the ability to the clothing of public office not 1 as a result Richter's controller or to a term of imprisonment of more than six months; been convicted of a deliberate act
2. who is accused for an offence, which can have the loss of capacity to the clothing of public offices resulted;
3. who is restricted by court order in the available assets;
4. who does not have the right to vote to the German Bundestag.
(3) officers and employees of the Patent Office may not be ordered as associate members.
(4) No person may be at the same time member of the employer and the employee side.

§ 2 associate members from circles which employers can (1) associate members from circles of the employer also be who employs no workers on a temporary basis or regularly at certain times of the year.
(2) to assessors from circles of the employer can also be ordered 1 companies a legal person or a person whole persons who are alone or as members of the representative body to represent the legal person or the whole of the person called kraft law, articles of association or partnership agreement;
2. senior executives are entitled to separate recruitment and dismissal of workers employed in the operation or in the operating Department or if them is granted general authorization or power of attorney or if they perform tasks, specific individuals in terms of their specific experiences and knowledge are transferred regularly because of their importance for the stock and the development of the operation only on the basis of special personal confidence of the employer;
3. when the Federal Government, the countries, the municipalities, the municipal associations and other bodies, institutions and foundations under public law officials and employees closer arrangement the competent Supreme Federal Government - or State authority;
4. members and employees of associations of employers as well as officers and employees associations of such associations, if these persons statutes or power of Attorney for the representative have the power.

§ 3 associate members from circles which can (1) associate members from circles of workers workers also be who is unemployed.
(2) the workers are available for ordering as associate members and employees of unions, by independent associations of workers with social or professional political purpose as well as Board members and employees of associations of trade unions equal, if these persons statutes or power of Attorney for the representative have the power.

Section 4 proposal lists (1) are suggestion lists for selecting the assessor to submit to the President of the Patent Office.
(2) the proposal list should contain the following information about the persons proposed as associate members: 1 name, 2nd birthday, 3rd professional, 4th place of residence.
(3) a statement of the persons proposed as assessor in is the proposal list to add, that the conditions for the appointment as associate members (sections 1 to 3) exist in their person and they are willing to take over the Office of the assessor.
(4) changes in the person of a proposed assessor, concerning the conditions for the appointment as associate members (sections 1 to 3) or the particulars referred to in paragraph 2, are the President of the Patent Office by the Organization, which has proposed the assessor must be notified immediately. They are noted by the President of the Patent Office in the suggestion list.

§ 5 volunteering (1) the Office of the assessor is an honorary position.
(2) the Chairman of the Arbitration Board has the associate members before their first service on the fulfilment of the obligations of their Office to commit. He should advise the associate members of section 24 of the Act on employees inventions. A transcript that the debtor has to sign to be captured on the obligation.

Withdrawing an assessor (1) proposals for the appointment of the auditing can § 6 of the organisation which has submitted it, be withdrawn. The withdrawal is the President of the Patent Office in writing.
(2) the President of the Patent Office has to delete the proposed associate members in the list after receipt of the notification of the withdrawal. Is the assessor already ordered for an arbitration procedure, the order remains valid until the termination of the arbitral proceedings.
(3) the President of the Patent Office has communicated the proposed associate members in writing without delay the withdrawal.

§ 7 dismissal an assessor (1) who is President of the Patent Office do not order a proposed assessor and has immediately recalled an already ordered assessor, when the lack of a requirement for the order (sections 1 to 3) is subsequently known or a requirement subsequently falls away. He has to inform the organization that proposed the assessor and the assessor in writing without delay.
(2) the same applies if a member grossly violated his official duty.
(3) before the dismissal, the assessor is to listen.

Section 8 compensation the assessor the associate members receive compensation in accordance with the paragraphs 2, 3, 5 to 7 and 16 to 18 of the Justizvergütungs-and Compensation Act; section 4 of this Act shall apply mutatis mutandis. The compensation shall be determined by the Chairman of the Arbitration Board. The Administrative Court is responsible for the judicial establishment, in whose district the Arbitration Board is established. The setting can be transferred to the Patent Office by the Chairman of the Arbitration Board.

§ 9 (dropped out) - advisors from circles of officers and soldiers for the public service are article 10 insofar as civil servants and soldiers, to apply the provisions of this Regulation accordingly.

§ 11 (dropped out) - article 12 (lapsed) - article 13 this regulation into force shall on the day after its promulgation.

Concluding formula of the Federal Minister of Justice