Regulation On The Electronic Legal Transactions At The Federal Supreme Court And The Federal Patent Court

Original Language Title: Verordnung über den elektronischen Rechtsverkehr beim Bundesgerichtshof und Bundespatentgericht

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Ordinance on Electronic Legal Traffic in the Federal Court of Justice and Federal Patent Court (BGH/BPatGERVV)

Non-official table of contents

BGH/BPatGERVV

Date of issue: 24.08.2007

Full quote:

" Regulation on electronic legal transactions in the Federal Court of Justice and the Federal Patent Court of 24. August 2007 (BGBl. 2130), as last amended by Article 5 (3) of the Law of 10. October 2013 (BGBl. I p. 3799

:Last modified by Art. 5 (3) G v. 10.10.2013 I 3799

For details, see the menu under Notes
The obligations under Directive 98 /34/EC of the European Parliament and of the Council of 22 The European Parliament and of the Council of 19 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of the rules on information society services (OJ C EC No 37), as amended by Directive 98 /48/EC of the European Parliament and of the Council of 20 June 2000, of the European Parliament and of the Council of 20 June 1 July 1998 (OJ L 327, EC No 18), have been observed.

Footnote

(+ + + Text evidence from: 1.9.2007 + + +)
(+ + + Official note of the normalization authority on EC law:
compliance with
EGRL 34/98 (CELEX Nr: 398L0034) + + +)

Non-Official Table of Contents

Input Formula

Reorder It
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due to § 130a paragraph 2 sentence 1 of the Code of Civil Procedure in the version of the notice of 5. December 2005 (BGBl. 3202, 2006 I p. 431), section 21 (3), first sentence, of the law on the matters of voluntary jurisdiction, which is defined by Article 5 (2) of the Law of 13. July 2001 (BGBl. 1542), Section 81 (4), first sentence, of the Basic Order, which is replaced by Article 5a (2) of the Law of 13. July 2001 (BGBl. 1542) and by Article 5 (2) of the Law of 9. December 2004 (BGBl. 3220), Section 89 (4), first sentence, of the Code of Ship Records, which is replaced by Article 5b (2) of the Law of 13. July 2001 (BGBl. 1542), and by Article 6 (2) of the Law of 9. December 2004 (BGBl. 3220), and Section 41a (2), first sentence, of the Code of Criminal Procedure, which has been amended by Article 6 (3) of the Law of 22 June 2003. March 2005 (BGBl. 837), the Federal Government and
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on the basis of Section 125a (2) sentence 1 of the Patent Act, which is the subject of Article 4 (1) (2) of the Law of 19. July 2002 (BGBl. 2681), Section 21 (1) of the German Utility Model Law, which was last amended by Article 4 (42) (1) of the Act of 5. May 2004 (BGBl. 718), in conjunction with Section 125a (2), first sentence, of the Patent Act, which is amended by Article 4 (1) (2) of the Act of 19. July 2002 (BGBl. 2681), and Section 95a (2), first sentence, of the Trademark Act, which is incorporated in Article 4 (3) (2) of the Act of 19. July 2002 (BGBl. 2681), the Federal Ministry of Justice:
Non-official contents of the table of contents

§ 1 Admission of electronic communications

In the case of the courts designated in the Annex, electronic documents may be submitted in the types of procedure referred to in each case for them and from the date specified therein for them. Non-official table of contents

§ 2 Form of submission

(1) Electronic post offices of the courts are required to receive electronic documents. determined. The electronic post offices are available on the web pages
1.
www.bundesgerichtshof.de/erv.html and
2.
www.bundespatentgericht.de/bpatg/erv.html
.(2) The submission shall be effected by the transfer of the electronic document to the electronic post office.(2a) In the procedures referred to in points 6 to 13 of the Appendix, electronic documents shall be provided with a qualified electronic signature in accordance with the Signature Act or with an advanced electronic signature, which shall be signed by a international organization in the field of industrial property protection and is suitable for processing by the respective court.(3) An electronic signature and the certificate on which it is based must be verifiable by the addressed court or another body commissioned by it with the automated verification. The eligibility requirements for an examination will be announced in accordance with § 3 no. 2.(4) The electronic document must have one of the following formats in a version that is editable for the addressed court:
1.
ASCII (American Standard Code for Information Interchange) as plain text with no formatting codes and no special characters,
2.
Unicode,
3.
Microsoft RTF (Rich Text Format),
4.
Adobe PDF (Portable Document Format),
5.
XML (Extensible Markup Language),
6.
TIFF (Tag Image File Format),
7.
Microsoft Word, as far as no active components (for example, macros) used,
8.
ODT (OpenDocument Text), if no active components are used.
For more information about the editable versions of the file formats are known in accordance with § 3 no. 3.(5) Electronic documents which correspond to one of the file formats referred to in paragraph 4 in the version announced in accordance with Section 3 (3) may also be submitted in compressed form as a ZIP file. The zip file must not contain any other ZIP files and directory structures. When you use document signatures, the signature must refer to the document and not to the ZIP file.(6) If structured data are transmitted, they should be encoded in Unicode character set UTF 8 (Unicode Transformation Format). Non-official table of contents

§ 3 Disclosure of operational requirements

The courts give the web pages referred to in section 2 (1) sentence 2 known:
1.
the details of the procedure that occurred during a previous login to participate in the electronic legal services and for authentication in the respective use of the electronic post office, including the administration of electronic mailboxes to be stored for the purposes of data protection personal data;
2.
the certificates, providers and versions of electronic signatures, after being examined by the respective court for the purpose of processing , at least the verifiability of qualified electronic signatures corresponding to the ISIS-MTT (Industrial-Signature-Interoperability-Standard-Mail-TrusT) profile;
3.
The following versions of the formats mentioned in § 2 (3) and (4) and suitable for processing by the respective court are the ones that are examined after their examination , as well as the definition or schema files to be used in the XML format referred to in Article 2 (4) (5);
4.
the additional information provided during the transmission of the data or in the name of the electronic document to be submitted, in order to ensure the assignment within the addressed court and the further processing.
unofficial table of contents

§ 4 Entry into force, repeal

This regulation will take place on the 1. The European Parliament and the Council Non-official table of contents

Asset (to § 1)

(Fundstelle: BGBl. I 2007, 2132)

Nr.GerichtProcedure type date
1. Bundesgerichtshof Method according to the Civil Procedure Code 1. 9. 2007
2. Bundesgerichtshof Procedures according to the law on the matters of voluntary jurisdiction and under the law on the procedure in family matters and in the affairs of the voluntary jurisdiction 1. 9. 2007
3. Bundesgerichtshof Method according to the basic book order 1. 9. 2007
4. Bundesgerichtshof Procedures after the ship's registry order 1. 9. 2007
5. Bundesgerichtshof RevisionsstrafReason; this applies only to the submission of electronic documents by the Federal Attorney General at the Federal Court of Justice 1. 9. 2007
6. Bundesgerichtshof Method according to the patent law 1. 9. 2007
7. Bundesgerichtshof Method according to the utility model law 1. 9. 2007
8. Bundesgerichtshof Method according to the trademark law 1. 9. 2007
8a. Bundesgerichtshof Method according to the Semiconductor Protection Act 1. 3. 2010
8b. Bundesgerichtshof Method according to the Design Law 1. 3. 2010
9. Bundespatentgericht Method according to the patent law 1. 9. 2007
10. Bundespatentgericht Method according to the utility model law 1. 9. 2007
11. Bundespatentgericht Method according to the trademark law 1. 9. 2007
12. Bundespatentgericht Method according to the Semiconductor Protection Act 1. 3. 2010
13. Bundespatentgericht Method according to the Design Law1. 3. 2010