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Regulation on electronic legal transactions in the Federal Court of Justice and the Federal Patent Court

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

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Regulation on electronic legal transactions in the Federal Court of Justice and Federal Patent Court (BGH/BPatGERVV)

Unofficial table of contents

BGH/BPatGERVV

Date of completion: 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. 3799).

Status: Last amended by Art. 5 Abs. 3 G v. 10.10.2013 I 3799

For more details, please refer to the menu under Notes
The obligations laid down in Directive 98 /34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of the provisions relating to the services of The Information Society (OJ C EC No 37), as amended by Directive 98 /48/EC of the European Parliament and of the Council of 20 July 1998 (OJ L 136, 31.5.1998, p. EC No 18), have been observed.

Footnote

(+ + + Proof of text: 1.9.2007 + + +) 
(+ + + Official note from the norm-provider on EC law:
Consideration of
ERL 34/98 (CELEX Nr: 398L0034) + + +)

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Input formula

Order it
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Pursuant to § 130a (2) sentence 1 of the Code of Civil Procedure, as amended by 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. I p. 1542), Section 81 (4), first sentence, of the Code of Land Order, which is based on Article 5a (2) of the Law of 13 July 2001 (BGBl I). I p. 1542) and by Article 5 (2) of the Law of 9 December 2004 (BGBl. 3220), Section 89 (4), first sentence, of the Register of Ships of Ships, as amended by Article 5b (2) of the Law of 13 July 2001 (BGBl I). I p. 1542) and by Article 6 (2) of the Law of 9 December 2004 (BGBl. 3220), and Section 41a (2) sentence 1 of the Code of Criminal Procedure, which is amended by Article 6 (3) of the Law of 22 March 2005 (BGBl. I p. 837), the Federal Government and
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pursuant to Section 125a (2) sentence 1 of the Patent Law, which is based on 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 Law of 5 May 2004 (BGBl. 718), in conjunction with Section 125a (2) sentence 1 of the Patent Law, which is defined by Article 4 (1) (2) of the Law of 19 July 2002 (BGBl. 2681), and Section 95a (2), first sentence, of the Trademark Law, which is based on Article 4 (3) (2) of the Law of 19 July 2002 (BGBl). 2681), the Federal Ministry of Justice (Federal Ministry of Justice):
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§ 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. Unofficial table of contents

§ 2 Form of submission

(1) Electronic post offices of the courts shall be determined for the reception of electronic documents. The electronic post offices are available on the internet pages
1.
www.bundesgerichtshof.de/erv.html and
2.
www.bundespatentgericht.de/bpatg/erv.html
(2) The submission shall be made by the transfer of the electronic document to the electronic post office. (2a) The procedures referred to in points 6 to 13 of the Annex shall include electronic documents with a a qualified electronic signature according to the signature law or with an advanced electronic signature issued by an international organisation in the field of industrial property rights and which shall be subject to the following conditions: 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 can be edited for the addressed court:
1.
ASCII (American Standard Code for Information Interchange) as pure text without formatting codes and without 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 to the extent that no active components (such as macros) are used,
8.
ODT (OpenDocument Text), if no active components are used.
Further information on the editable versions of the admissible file formats will be disclosed in accordance with § 3 no. 3. (5) Electronic documents, which are one of the file formats mentioned in paragraph 4 in the version announced in accordance with § 3 no. 3 can also be submitted as a ZIP file in compressed form. The zip file must not contain any other ZIP files and directory structures. When using document signatures, the signature must refer to the document and not to the ZIP file. (6) If structured data is transmitted, it should be encoded in Unicode character set UTF 8 (Unicode Transformation Format). Unofficial table of contents

§ 3 Disclosure of operating conditions

The courts announce on the Internet pages referred to in § 2 (1) sentence 2:
1.
the details of the procedure to be followed in the case of prior notification of participation in the electronic legal system and for authentication in the case of the respective use of the electronic post office, including those for which the electronic mail office is to be used, data protection-appropriate administration of electronic mailboxes to be stored personal data;
2.
the certificates, suppliers and versions of electronic signatures suitable for processing by the relevant court after their examination, at least the verifiability of qualified electronic signatures to be carried out by the competent authority; Meet the ISIS-MTT (Industrial-Signature-Interoperability-Standard-Mail-TrusT) profile;
3.
the formats corresponding to the format standards laid down in § 2 (3) and (4) and suitable for processing by the respective court, as well as the XML format referred to in § 2 (4) (5) Definition or schema files to be based on;
4.
the additional information to be provided during the transmission or designation of the electronic document to be submitted, in order to ensure the allocation within the addressed court and the further processing.
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§ 4 Entry into force, external force

This Regulation shall enter into force on 1 September 2007. Unofficial table of contents

Annex (to § 1)

(Fundstelle: BGBl. I 2007, 2132)

Nr.GerichtProcedure Date
1. Bundesgerichtshof Procedures in accordance with the Code of Civil Procedure 1. 9. 2007
2. Bundesgerichtshof Procedure under the law on the matters of voluntary jurisdiction and under the Act on the Procedure in Family Matters and the Matters of Voluntary Jurisdiction 1. 9. 2007
3. Bundesgerichtshof Procedures in accordance with the basic book order 1. 9. 2007
4. Bundesgerichtshof Procedures in accordance with the ship's register order 1. 9. 2007
5. Bundesgerichtshof Audit criminal matters; this applies only to the submission of electronic documents by the Federal Court of Justice of the Federal Supreme Court 1. 9. 2007
6. Bundesgerichtshof Procedures under the Patent Law 1. 9. 2007
7. Bundesgerichtshof Procedure in accordance with the Utility Model Law 1. 9. 2007
8. Bundesgerichtshof Procedure under the Trademark Law 1. 9. 2007
8a. Bundesgerichtshof Methods according to the semiconductor protection law 1. 3. 2010
8b. Bundesgerichtshof Procedures according to the design law 1. 3. 2010
9. Federal Patents Court Procedures under the Patent Law 1. 9. 2007
10. Federal Patents Court Procedure in accordance with the Utility Model Law 1. 9. 2007
11. Federal Patents Court Procedure under the Trademark Law 1. 9. 2007
12. Federal Patents Court Methods according to the semiconductor protection law 1. 3. 2010
13. Federal Patents Court Procedures according to the design law 1. 3. 2010