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

Read the untranslated law here: http://www.gesetze-im-internet.de/bgh_bpatgervv/BJNR213000007.html

Regulation on the electronic legal relations with the Federal Court and the Federal Patent Court (BGH/BPatGERVV) BGH/BPatGERVV Ausfertigung date: 24.08.2007 full quotation: "regulation on the electronic legal transactions at the Federal Supreme Court and the Federal Patent Court of August 24, 2007 (BGBl. I p. 2130), most recently by article 5 paragraph 3 of the law of October 10, 2013 (BGBl. I p. 3799) is changed" stand: last modified by article 5 para 3 G v. 10 10 2013 I 3799 for details on the stand number found in the menu under notes the obligations arising from the directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 establishing an information procedure in the field of technical standards and regulations and of the rules for the services of the information society (OJ EC No. L 204, p. 37), as amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998 (OJ EC No. L 217, p. 18), have been observed.
Footnote (+++ text detection from: 1.9.2007 +++) (+++ official note of the standard authority on EC law: consideration of EGRL of 98 at the 34 (CELEX Nr: 398 L 0034) +++) input formula decreed - on the basis of § 130a subsection 2 sentence 1 of the code of civil procedure as amended by the notice of 5 December 2005 (BGBl. I S. 3202, 2006 I S. 431), of section 21 subsection 3 sentence 1 of the Act on matters of voluntary jurisdiction , by article 5 No 2 of the law of 13 July 2001 (BGBl. I S. 1542) inserted been is of § 81 para 4 sentence 1 of the land right, by article 5a No. 2 of the Act of 13 July 2001 (BGBl. I S. 1542) inserted and by article 5 No 2 of the law of 9 December 2004 (BGBl. I S. 3220) is has been modified , of section 89 paragraph 4 sentence 1 of the ship register order, by Article 5b No 2 of the law of 13 July 2001 (BGBl. I S. 1542) inserted and by article 6 No 2 of the law of 9 December 2004 (BGBl. I S. 3220) is has been modified, and of section 41a paragraph 2 sentence 1 of the code of criminal procedure, by article 6 No. 3 of the law of 22 March 2005 (BGBl. I p. 837) is been inserted , the Federal Government and – on the basis of section 125a para 2 sentence 1 of the Patent Act, by article 4 para 1 No. 2 of the Act of 19 July 2002 (BGBl. I S. 2681) has been added is, § 21 para 1 of the utility model act, most recently by article 4 para 42 No. 1 of the Act of May 5, 2004 (BGBl. I p. 718) is has been modified , in conjunction with section 125a para 2 sentence 1 of the Patent Act, by article 4 para 1 No. 2 of the Act of 19 July 2002 (BGBl. I S. 2681) is been inserted and of § 95a para 2 sentence 1 of the law on trade marks, by article 4 para 3 No. 2 of the Act of 19 July 2002 (BGBl. I S. 2681) is been inserted , the Federal Ministry of Justice: section 1 authorisation of electronic communication in the courts referred to in the annex electronic documents in the forms of procedure descript each for them and from the date specified for them there can be submitted.

§ 2 electronic post offices of the courts are form filing (1) to receive of electronic documents. The electronic post offices are 1 www.bundesgerichtshof.de/erv.html on the on the Internet pages and communication referred to 2. www.bundespatentgericht.de/bpatg/erv.html can be reached.
(2) the submission occurs by the transfer of the electronic document in the electronic post office.
(2a) in the procedure are paragraphs 6 to 13 of the system to provide electronic documents issued by an international organization in the field of intellectual property law with a qualified electronic signature according to the signature law or with an advanced electronic signature and is suitable for processing by the relevant court.
(3) an electronic signature and that their underlying certificate must be testable by the addressed court or other body responsible for the automated verification of this. The eligibility requirements for an exam will be announced according to § 3 No. 2.
(4) the electronic document must have one of the following formats for the addressed Court editable version: 1 ASCII (American standard code for information interchange) as plain text without formatting codes and special characters, Unicode 2., 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) are used, 8 ODT (OpenDocument Text), insofar as no active components are used.
More will be announced no. 3 information about the editable versions of the acceptable file formats according to § 3.
(5) electronic documents known given no. 3 version corresponding to one of the file formats that are referred to in paragraph 4 in which according to § 3, can be submitted also in compressed form as a ZIP file. The ZIP file should contain no other ZIP files and no directory structures. When using document signatures, the signature must refer to the document and not the ZIP file.
(6) if structured data is transmitted, you should in the Unicode character set UTF 8 (Unicode transformation format) be encoded.

§ 3 notification of the operating conditions of the courts announce on the in section 2, subsection 1, sentence 2 mentioned Internet sites: 1. is the details of the procedure, to comply with a previous application to participate in the electronic legal relations as well as for authentication in the respective use of the electronic post office, including the personal data to be stored for the data protection fair administration of electronic mailboxes;
2. the certificates, vendors and versions of electronic signatures that are suitable for their examination for the processing by the respective court; it at least the testability of qualified electronic signatures should be sure, matching the profile of ISIS-MTT (industrial-signature interoperability-standard-mail-TrusT);
3. suitable for processing by the respective court and after their examination corresponding to the format standards laid down in article 2 par. 3 and 4 versions of the mentioned formats, as well as in § 2 para 4 No. 5 XML format described based to national definition or schema files.
4. the supplementary information which should be made in the transmission or the label of the submitted electronic document to ensure the mapping within the addressed Court and further processing.

Article 4 entry into force, expiry this regulation enters into force on September 1, 2007.

Annex (to section 1) (site: BGBl. I 2007, 2132) No. Court nature of proceedings date 1 Federal Court proceedings under the code of civil procedure 1 9 2007 2. federal court procedures pursuant to the Act on matters of voluntary jurisdiction and according to the law on the procedure in family matters and in matters of voluntary jurisdiction 1 9 2007 3. federal court procedures according to the land registry regulations 1 9 2007 4. Federal Court procedure the ship register item 1 9 2007 5. Federal Court review criminal cases; applies only to the filing of electronic documents by the Attorney General in the Federal Court 1 9 2007 6 German Federal Supreme Court proceedings under the Patent Act 1 9 2007 7 Federal court procedures according to the utility models Act 1 9 2007 8 federal court proceeding under the trademark Act 1 9 2007 8a.
Federal Court procedure after the semiconductor Protection Act 1 3 2010 8B. federal court procedures according to the ratified 1 3 2010 9th German Federal Patent Court proceedings under the Patent Act 1 9 2007 10 Federal patent court procedures according to the utility models Act 1 9 2007 11 Federal Patent Court proceedings under the trademark Act 1 9 2007 12 Federal Patent Court procedure after the semiconductor Protection Act 1 3 2010 13 Federal patent court procedures according to the ratified 1 3 2010