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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Second Regulation implementing the Law on Workers ' Inventions

Non-official table of contents

ArbnErfGDV 2

Date of completion: 01.10.1957

Full quote:

"Second Regulation on implementation" the law on employee inventions in the revised version published in the Bundesgesetzblatt, Part III, outline number 422-1-2, the latest by Article 8 of the Law of 31 December 1991. July 2009 (BGBl. I p. 2521) has been amended "

:Last modified by Art. 8 G v. 31.7.2009 I 2521

For details, see the Notes

Footnote

(+ + + text evidence application: 1.1.1975 + + +)
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Non-Official Table of Contents

Input Formula

Based on § 45 of the Law on Workers ' inventions of 25. July 1957 (Bundesgesetzbl. I p. 756) shall be assigned in agreement with the Federal Minister for Labour: Non-official table of contents

§ 1 Conditions for the order as Beisitzer

1) As a co-sitter of employers and employees 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 are to be ordered to order the have completed twenty-five years of age.(2) excluded from the office of an adviser,
1.
who, as a result of the right of judge, has the ability to -has not been in possession of clothing for public office or has been sentenced to a prison sentence of more than six months because of an intentional act;
2.
who because of is an offence which may result in the loss of the ability to hold public offices;
3.
who, through a court order, is at the disposal of the public authorities in the its assets are limited;
4.
who does not have the right to vote in the German Bundestag.
(3) Officials and employees of the Patent Office may not be a co-sitter. order.(4) No one shall be both the employer's side and the workers ' side. Non-official table of contents

§ 2 Contributors from employer circles

(1) Contributors from employers ' circles may also be who are temporarily or No employees are regularly employed at certain times of the year.(2) In the case of co-workers from employers ' circles, you can also order
1.
at the premises of a Legal person or persons of a person who are appointed to represent the legal person or the whole person solely or as members of the representative body by virtue of the law, the statutes or the social contract
2.
managerial staff, if they are entitled to self-employment and dismissal of workers employed in the holding or in the operations department , or if they are granted general authority or prokura, or if they carry out tasks which, because of their importance for the stock and the development of the holding, are regularly carried out on a regular basis solely by reason of the employer's special personal trust to specific persons with a view to their particular experience and knowledge;
3.
at the Federal Government, the Länder, the municipalities, the municipal associations and other entities, institutions and foundations of public law, officials and employees, according to the order of the competent federal or state competent authority;
4.
Members and employees of associations of employers as well as board members and employees of associations of such associations, if these persons force statutes or Authority to represent them.
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§ 3 Beisiteaus circles of employees

(1) Beisitzer from circles of the Workers can also be those who are unemployed.(2) The employees are responsible for the appointment of members and employees of trade unions, independent associations of employees with social or professional-policy purpose, as well as board members and employees of the employees of Mergers of trade unions shall be the same if these persons are empowered to represent them by virtue of their statutes or power of atonation. Non-official table of contents

§ 4 List of proposals

(1) List of proposals for the selection of the members of the Advisory Board 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 is a declaration by the as a co-sitter shall be accompanied by the fact that the conditions for placing an order as a co-sitter (§ § 1 to 3) are available in their person and that they are ready to take over the office of the co-sitter.(4) Changes in the person of a proposed adviser concerning the conditions for placing an order 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 Organization, which shall: It has been proposed to inform the applicant immediately. They shall be noted by the President of the Patent Office in the list of proposals. Non-official table of contents

§ 5 honorary office

(1) The Office of the Beiter is an honorary office.(2) The Chairperson of the Arbitration Board has to oblige the advisers, before their first service, to fulfil the obligations of their Office. He is to point out the advisors to § 24 of the Act on Employees ' inventions. The obligation is to include a record which the pledge has to sign. Non-official table of contents

§ 6 withdrawal of a consitter

(1) proposals for placing an order as a co-sitter may be submitted by the organization that has been withdrawn. The 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 proposal 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 inform the proposed Beisiter in writing of the withdrawal. Non-official table of contents

§ 7 Convocation of an adviser

(1) The President of the Patent Office may not appoint a proposed Beisitzer and Has to dismiss an already appointed adviser without delay if the absence of a condition for the order (§ § 1 to 3) becomes known subsequently or if a condition is subsequently continued. He shall forthwith inform the organisation which proposed the co-sitter and the Beisitzer in writing.(2) The same shall apply if a co-sitter grossly violates his or her official duties.(3) Before the convocation, the co-sitter shall be heard. Non-official table of contents

§ 8 Compensation of the co-sitters

The co-sitters receive compensation in accordance with § § 2, 3, 5 to 7 and 16 to 18 of the justice and compensation laws; § 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 Officials of civil servants and soldiers

For the civil service, the provisions of this Regulation shall be applicable, in so far as officials and soldiers are involved. unofficial table of contents

§ 11 (omitted)

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§ 12 (omitted)

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§ 13 Entry into force

This regulation occurs on the day after it has been Announcement in force. Non-official table of contents

Final formula

The Federal Minister for Justice