Regulation Of The German Patent And Trade Mark Office

Original Language Title: Verordnung über das Deutsche Patent- und Markenamt

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Regulation on the German Patent and Trademark Office (DPMA-Regulation-DPMAV)

Non-official table of contents

DPMAV

Date of expend: 01.04.2004

Full quote:

" DPMA-Regulation of 1. April 2004 (BGBl. 514), as last amended by Article 2 of the Regulation of 1 January 2000. November 2013 (BGBl. I p. 3906) "

:Last modified by Art. 2 V v. 1.11.2013 I 3906

For details see the menu under Notes

Footnote

(+ + + Text evidence from: 1.6.2004 + + +)

Non-Official Table of Contents

Input Formula

Based on
-
of § 27 para. 5, § § 28, 29 para. 3, § 34 para. 6 and 8, § 43 para. 8 No. 2 and § 63 (4) of the Patent Act in the version of the notice of 16. December 1980 (BGBl. 1), of which Article 27 (5) was last amended by Article 7 (10), Article 29 (3) by Article 7 (12), Article 34 (6) and (8) by Article 7 (16) (a) to (c) and Article 63 (4), most recently by Article 7 (27) (b) (b), double letter bb of the law of 13. December 2001 (BGBl. 3656) and § 28 by Article 2 (7) (1) of the Law of 12. March 2004 (BGBl. 390) have been amended,
-
of § 4 (4) and (7), § 10 (2) and § 29 of the German Utility Model Act (Utility Model Law) as amended by the 28. August 1986 (BGBl. 1455), of which Article 4 (4) and (7) by Article 8 (1) (a), (c) and (d) and Article 10 (2) by Article 8 (5) of the Law of 13. December 2001 (BGBl. 3656), § 29 by Article 2 (8) (3) of the Law of 12. March 2004 (BGBl. 390) have been amended,
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of § 65 and Section 138 (2) of the Trademark Law of 25. October 1994 (BGBl. I p. 3084, 1995 I p. 156), of which Article 138 (2) is replaced by Article 9 (32) of the Law of 13. December 2001 (BGBl. 3656) and § 65 (1) No. 1 by Article 2 (9) (7) of the Law of 12. March 2004 (BGBl. 390) have been amended,
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of § 3 (3) and § 4 (4) of the Semiconductor Protection Act of 22. October 1987 (BGBl. 2294) in conjunction with Section 10 (2) of the Utility Model Act, as amended by the 28. August 1986 (BGBl. 1455), of which § 3 (3) of Article 2 (15) of the Law of 12. March 2004 (BGBl. I p. 390), and
-
of § 26 (1), (2) and (4) of the German Design Act (Design Act) of 12. March 2004 (BGBl. 390)
and in conjunction with Article 28 of the Law of 16. July 1998 (BGBl. I p. 1827) and Article 29 of the Law of 13. December 2001 (BGBl. I p. 3656) orders the Federal Ministry of Justice: Non-official table of contents

Content overview

jewelry
Section 1
Organization, powers
§ 1Line, supervision, transfer of regulation authorisations
§ 2 Examination points and patent departments
§ 3Utility model and utility model departments
§ 4Topographestelle and topography department
§ 5 Trademarks and brand departments
§ 6Design sites and design departments
Section 2
procedural rules
§ 7DIN standards
§ 8Treatment of entrances, receipt of receipt
§ 9Form leaves
§ 10 Originals
§ 11Transfer by fax
§ 12 Submission of electronic documents
§ 13Representation
§ 14Several participants, multiple representatives
§ 15 Full
§ 16Login numbers, representatives, and employee authority numbers
§ 17Other requirements for applications and inputs
§ 18 Time limits
§ 19Decision by location of files
§ 20 Form of cutouts
§ 21Delivery and formless submission
§ 22File access
§ 23 (omitted)
§ 24procedural cost assistance
§ 25 Pride customers
§ 26Register and publications rectification
§ 27Changes to names or addresses
§ 28 Registration of a law transfer
§ 29Entry of dingy rights
§ 30Measures of foreclosure, insolvency proceedings
§ 31Storage from submitted items or documents
Section 3
Final Provisions
§ 32Transitional control on the occasion of the entry into force of this Regulation
§ 33 Transition control for future changes
§ 34Entry into force,

Section 1
Organization, Powers

Non-official Table of Contents

§ 1 Line, Supervision, Transfer of Regulation appropriations

(1) The President shall direct and supervise the entire operation of the German Patent and Trademark Office and shall have an effect on the equal treatment of the business and on the Respect for the same principles.(2) The appropriations in § 27 (5), § 29 (3), § 34 (6) and (8) as well as in § 63 (4) of the Patent Act, in § 4 (4) and (7) and § 10 (2) of the Utility Model Act, in § 3 paragraph 3 and in § 4 (4) of the Semiconductor Protection Act in conjunction § 10 (2) of the German Utility Model Act, in § 65 (1) No. 2 to 13 and § 138 (1) of the Trademark Act, in Section 26 (1) (2) to (8) and (2) of the Design Act are transferred to the German Patent and Trademark Office. Non-official table of contents

§ 2 Examination offices and patent departments

(1) The President or the President shall designate the business circle of the Audit offices and patent departments, as well as the chairpersons and vice-chairmen of the patent departments, and regulates the procedure for classifying the applications.(2) The chairmen of the patent departments shall conduct business in the proceedings before their patent departments. In the proceedings before the patent departments, unless the respective chairpersons have determined otherwise, an auditor or an examiner shall be responsible for reporting. The report shall include the presentation at the meeting and the preparation of the decisions and opinions. The Chairmen shall examine and establish the draft decisions and opinions for their patentability. The respective patent department decides on factual disagreements.(3) Consultation and voting in a session for
1.
Decisions that decide on the maintenance, revocation, or limitation of the patent,
2.
Decisions on granting a supplementary protection certificate or refusing the certificate login,
3.
the determination of the remuneration in accordance with § 23 (4) and (6) of the Patent Law,
4.
Decisions on the Grant of procedural fees for procedural fees in restrictions and opposition proceedings as well as on the advising of a representative under Section 133 of the Patent Law,
5.
Opinions and decisions that reject the submission of an expert opinion.
A session may be waived.exceptionally, if the relevant competent authority is responsible for the Chairmen do not consider it necessary.(4) The patent departments shall decide by majority of votes; in the event of a tie, the vote of their chairpersons shall be the result of the vote. Non-official table of contents

§ 3 Utility model body and utility model departments

(1) The President or the President shall designate the Business circle of the utility model office and the utility model departments as well as the chairpersons and vice-chairpersons of the utility model departments and regulates the procedure for classifying the applications.(2) The chairpersons of the utility model departments shall conduct business in the proceedings before their utility model departments. In the proceedings before the utility model departments, unless the respective chairpersons have determined otherwise, an auditor or an examiner shall be responsible for the reporting. The report shall include the presentation at the meeting and the preparation of the decisions and opinions. The Chairpersons shall examine and establish the draft decisions and opinions for their utility model department. The respective utility model department decides on factual differences of opinion.(3) In proceedings before the utility model department, consulting and voting in a session for
1.
Decisions that decide on the deletion request,
2.
Opinion and decisions, by which is refused the submission of an expert opinion.
A meeting may, exceptionally, not be held unless the chairperson responsible for the opinion is deemed necessary.(4) The utility model departments shall decide by majority of votes; in the event of a tie, the voice of their chairpersons shall give the rash. Non-official table of contents

§ 4 Topography and topography department

(1) The President or President shall designate the business circle of the Topographestelle and the topography department as well as the chairman and the vice-chairman of the topography department.(2) The Chairman of the Topography Department or the Chairman of the Topography Department shall head the proceedings before the topography department. In the proceedings before the topography department, if the chairman or chairperson has determined otherwise, a technical member shall be responsible for the reporting. The report shall include the presentation at the meeting and the preparation of the decisions and opinions. The Chairman or Chairperson shall examine the draft decisions and opinions for the topography department and shall establish them. The topography department decides on factual disagreements.(3) In proceedings before the topography department, consulting and voting in a session shall be required for
1.
Decisions that decide on the deletion request, and
2.
Opinion and decisions, by which is refused the submission of an expert opinion.
A meeting may exceptionally be waited if the chairman or chairperson does not consider it necessary.(4) The topography division decides by majority of votes; in the event of a tie, the voice of the chairman or the chairman shall indicate the rash. Non-official table of contents

§ 5 Trade mark offices and market departments

(1) The President or President shall designate the business circle of the Trade mark offices and market departments, as well as the chairpersons and vice-chairmen of the market departments, and regulates the procedure for classifying applications.(2) The chairpersons of the market departments shall conduct business in the proceedings before their market departments; they shall determine the other members and the rapporteurs.(3) In pre-market procedures, consultation and voting in a session shall be required for
1.
Decisions according to § § 54 and 57 of the Trademark Law and
2.
Tasks of the Market Departments, which are not the chairman is solely dealt with or has been transferred from them to members of the market department in accordance with § 56 (3) sentence 3 of the Trademark Act.
The advice may be waited if the respective chairperson of the trade mark is responsible for the do not consider it necessary.(4) The market divisions shall decide by majority of votes; in the event of a tie, the vote of their chairpersons shall be the result of the vote. Non-official table of contents

§ 6 Design offices and design departments

(1) The President determines the business circle of the design points and the design departments. Design departments as well as the chairpersons and vice-chairpersons of the design departments and regulates the procedure for classification of the application.(2) The chairman of the respective design department heads the business in the proceedings before his design department. It shall designate the other Members and the rapporteurs.(3) In proceedings before the design departments, the consultation and coordination of the respective members in a session shall be required for
1.
Decisions that decide on the application for determination or explanation of nullity,
2.
Decisions transferring the design department's affairs to the chairman or a member of the design department for a single decision.
The The decision on the application for a determination or declaration of invalidity cannot be transferred.(4) The design departments shall decide by majority of votes; in the event of a tie, the vote of their respective chairman shall indicate the rash.

Section 2
procedural rules

name="BJNR051400004BJNE000900000 " />Non-official Table of Contents

§ 7 DIN Standards

DIN standards referred to in this Regulation are published in Beuth-Verlag GmbH, Berlin and Cologne, Published by the German Patent and Trademark Office in Munich, the German Patent and Trademark Office. Non-official table of contents

§ 8 Treatment of entrances, receipt of receipt

(1) The date of receipt shall be noted in the files.(2) In the case of protective rights applications, the German Patent and Trademark Office shall immediately send the applicant a confirmation of receipt, which designates the registered right of protection and the file number of the application as well as the date of receipt of the application. . Non-official table of contents

§ 9 forms

(1) The German Patent and Trademark Office gives form sheets for protection rights applications and other forms of application , which are made available in paper or electronic form. The form sheets shall be used where this is not compulsory in any case.(2) Forms shall be completed in such a way as to allow machine detection and processing.(3) The forms prescribed in regulations of the German Patent and Trademark Office are made known through the website of the German Patent and Trademark Office www.dpma.de. Non-official table of contents

§ 10 Originals

(1) originals of applications and entries must be submitted.(2) For the documents it is necessary to use durable, non-translucable paper in the format DIN A4. The font must be easy to read and document real. A margin of at least 2.5 centimetres must be observed from the upper and left side edges of each sheet. The sheets of a record should be numbered consecutively. Non-official table of contents

§ 11 Forwarding by fax

(1) The signed original can also be transmitted by fax.(2) The German Patent and Trademark Office may request the repetition of the transmission by fax or the submitting of the original, if there are reasonable doubts as to the completeness of the transmission or the conformity of the original with the or if the quality of the reproduction does not comply with the requirements of the German Patent and Trade Mark Office. Non-official table of contents

§ 12 Submission of electronic documents

Electronic documents are to be found in accordance with the Regulation on electronic documents Legal transactions at the German Patent and Trademark Office of 1. November 2013 (BGBl. I p. 3906), as amended. The provisions of this Regulation shall be subject to the provisions of this Regulation. Non-official table of contents

§ 13 Representation

(1) Participants may be represented by proxy in any position of the proceedings.(2) The authorisation of a merger of representatives shall apply if not individual persons who are active in the concentration are expressly designated as representatives of all the representatives acting in the concentration. Non-official table of contents

§ 14 Multiple participants, multiple representatives

(1) If more than one person without a common representative is in the community In the case of a party or a number of representatives with different addresses, the person concerned shall be indicated who shall be designated as an agent for the benefit of all the parties concerned; this declaration shall be made by all the notifying parties or representatives of the sign. In the absence of such an indication, the person referred to shall be deemed to be authorised and received by the person who is first named.(2) In the event that a number of representatives are appointed by one of the parties concerned, it shall be stated which of these representatives is designated as an authorised representative and a receiving agent. In the absence of such a provision, the representative shall be authorized and received by the representative, who shall be mentioned first.(3) Paragraph 2 shall apply mutamutuously if several persons involved in a procedure have identified several representatives as joint representatives.(4) Paragraphs 2 and 3 shall not apply where an association of representatives with the representation has been entrusted. In this case, you can specify the name of the federation. Where such a merger has several addresses, it shall be stated which address is relevant. In the absence of such an indication, the address which is first mentioned shall be the relevant address. unofficial table of contents

§ 15 full powers

(1) authorized agents, insofar as they are not only authorized to receive deliveries or communications, have submitted to the German Patent and Trademark Office a full-power certificate signed by the full-power provider. A certification of the signature is not required.(2) The power of attorney may extend to the proxy for representation in all matters relating to the respective right of protection. It may also extend to several applications, protective rights or procedures. In these cases, only one copy of the full-power certificate must be submitted.(3) Full-certificate surcustomers shall be entitled to process-capable persons designated by their civic name. The authorisation of a group of representatives together with the name of this concentration shall be permitted.(4) The German Patent and Trademark Office has to take into account the absence of a power of attorney or deficiencies of the power of attorney, if not lawyers, patent attorneys, license holders or in the cases of § 155 of the Patent Attorney's order Patentassessoren acting as authorized representative. Non-official table of contents

§ 16 Identification numbers for applicants, representatives, and employees

To facilitate the processing of logins The German Patent and Trademark Office shall inform the applicants, the representatives and the submitted employees of the identification numbers to be specified in the forms issued by the German Patent and Trademark Office. Unofficial table of contents

§ 17 Other requirements for applications and inputs

(1) After notification of the file number, this is on all applications and inputs. All components of a consignment sent to the German Patent and Trademark Office indicate the application or the input to which they belong.(2) In the case of multiple proceedings before the German Patent and Trademark Office, copies of all documents shall be attached to the other parties concerned. If a participant does not comply with this obligation, the German Patent and Trademark Office shall have the discretion of the German Patent and Trademark Office whether it makes the required number of copies at the expense of this participant or requests that copies be returned to the party. Sentences 1 and 2 are not applicable to patent, utility model and topography methods; however, the German Patent and Trademark Office may, in such cases, request the parties concerned to provide copies. Non-official table of contents

§ 18 Deadlines

(1) The time limits specified by the German Patent and Trademark Office, or granted at the request, shall be at least one month, with a minimum of two months for those who have no domials, domials or domials in the country.(2) An extension of the time limit may be granted on an indication of sufficient reasons.(3) Further extension of time limits shall be granted only if a legitimate interest is credibly made. In proceedings involving several parties, the agreement of the other parties should also be made credible. Non-official table of contents

§ 19 Decision by location of the files

(1) On requests or reminders without justification, it can be done in one-sided procedure after expiry of one month after receipt of the file, a decision shall be taken if no later justification or subsequent justification has been announced in the application or reminder without a request for the grant of a time limit pursuant to section 18.(2) In the case of applications, inconsistencies or recollusals without justification, it may be decided on the basis of a multi-page procedure in the circumstances of the file, if no later justification or a later statement of reasons has not been given in the application, the opposition or the memory. Application for the grant of a time limit pursuant to § 18 has been announced and if the other party does not issue an opinion within the time limits of § 18 (1) or announces a subsequent opinion without a request for the granting of a period according to § 18. If the request, objection or remembranal is rejected, an opinion from the other parties must not be awaited. Non-official table of contents

§ 20 Form of copies

(1) Copies of decisions, notices, and other communications shall be included in the Header the indication "German Patent and Trademark Office" and, at the end, the name of the competent authority or department.(2) The name and, where appropriate, the service name of the person who has signed the decision, communication or notification shall contain the name and, where appropriate, the name of the person who signed the decision, and shall be signed by the person, that has produced the copy. The signature is the same as an impression of the official seal of the German Patent and Trademark Office in the same way. In this respect, the Regulation on Electronic File Management at the Patent Office, the Patent Court and the Federal Court of Justice of the 10th Federal Republic of Germany applies to the production of electronic documents. February 2010 (BGBl. 83), as amended.(3) Formless computer communications contain in the header the indication "German Patent and Trademark Office", the indication that the notification has been produced by machine and is not signed, and the statement of the competent authority. Non-official table of contents

§ 21 Delivery and informal submission

(1) Insofar as a service is not provided by the law or the legal regulation , the German Patent and Trademark Office shall send notices and other communications of the German Patent and Trade Mark Office informally.(2) The transmission by fax shall also be deemed to be formless transmission. The transmission may also be carried out electronically, provided that the recipient has access to it. unofficial table of contents

§ 22 file inspection

(1) On the request for access to the files and the samples, models, and files belonging to the files Rehearsals pursuant to § 31 (1) sentence 1 of the Patent Act, Section 8 (5) sentence 2 of the German Utility Model Act, § 4 (3) of the Semiconductor Protection Act in conjunction with Section 8 (5) sentence 2 of the German Utility Model Act, § 62 (1) and (2) of the Trademark Act and § § 8 (5) sentence 2 of the German Act The second sentence of paragraph 1 of the Design Act shall be decided by the Office of the German Patent and Trade Mark Office, which is responsible for the processing of the matter on which the files are held or, if the processing has been completed, in the last place responsible for the processing of the goods. , unless otherwise provided by law or regulation.(2) The inspection of the original of the files of registrations and of granted or registered protection rights, which are not electronically conducted, is only granted in the service buildings of the German Patent and Trade Mark Office. On request, access to the file shall be granted by issuing the file or by printing the whole file or parts of the file. The reads or printouts shall be certified on request.(3) Insofar as the content of files of the German Patent and Trademark Office is included on microfilm, access to the files is provided by the fact that the microfilm is made available.(4) By way of derogation from paragraph 2, surface-to-area sample sections may only be viewed in the position of the German Patent and Trade Mark Office, which is responsible for the management of the design register. Sentence 1 shall also apply to models which, in accordance with Section 7 (6) of the Design Act, are to be found in its up to 1. The text was submitted in force in June 2004. unofficial table of contents

§ 23 (omitted)

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§ 24 procedural cost assistance

(1) The application for the grant of procedural aid pursuant to § 135 of the Patent Law decides, according to § 27 (1) (2) and (4) of the Patent Act, the grant of the patent.(2) On the application for the grant of procedural aid in accordance with Section 21 (2) of the German Utility Model Law in conjunction with Section 135 of the Patent Act, pursuant to Section 11 (2) of the Semiconductor Protection Act in conjunction with Section 21 (2) of the German Utility Model Act and § 135 of the Patent Act as well as in accordance with Section 24 of the Design Act decides the position of the German Patent and Trademark Office, which is responsible for the processing of the matter or, if the protective right is already registered, was last responsible, provided that is not otherwise determined by a regulation. Non-official table of contents

§ 25 documents, jewelry certificates

(1) The German Patent and Trademark Office produces printed products for the protection rights holders. Documents relating to the grant of the patent, the registration of the utility model, the mark, the design and the protection of the topography in the respective register.(2) A fee-based certificate of jewellery shall be issued to the patent proprietors upon request. Non-official table of contents

§ 26 Correction of the registers and publications

(1) The letter of amendment shall indicate:
1.
the document character of the protection right,
2.
the name and address of the owner of the property right,
3.
if the owner of the right of protection is Representative ordered, the name and address of the representative,
4.
the name of the error to be corrected,
5.
the rectification to be used.
(2) The request for correction of this error may be applied to several entries of the rights of the same proprietor of the same error. all entries will be made together.(3) Paragraphs 1 and 2 shall apply mutagenly to the rectification of publications. Non-official table of contents

§ 27 Changes in names or addresses

(1) In the application for registration of changes to the name or address the holder of a registered right of protection shall be indicated:
1.
the file number of the Right of protection,
2.
the name, the seat and the address of the holder of the right of protection in the form entered in the register,
3.
if the owner of the right has ordered a representative, the name, seat and address of the representative,
4.
the name, the seat and the address in the new form to be entered in the register.
(2) Subject to the modification of several registered rights of the same holder, the Application for registration of the amendment for all property rights shall be jointly submitted.(3) Paragraphs 1 and 2 and § 13 shall apply mutadenly to applications for the registration of changes to the name or address of a representative or an agent of an appointing authority. Non-official table of contents

§ 28 Registration of a transfer of law

(1) The application for the registration of a transfer of rights in accordance with § 30 (3) of the Patent Act, Section 8 (4) of the German Utility Model Act, Section 4 (2) of the German Semiconductor Protection Act in conjunction with Section 8 (4) of the German Utility Model Act, Section 27 (3) of the Trademark Act and Section 29 (3) of the Design Act, using the Act of the German Act of Design The German Patent and Trademark Office is to be made available.(2) In the application, specify:
1.
the document number of the property right,
2.
the name, seat, and address of the right holder in the form entered in the register,
3.
Information about the legal successor in accordance with § 4 paragraph 2 no. 1, para. 3 of the patent regulation, § 3 para. 2 no. 1, para. 3 of the utility model ordinance, § 5 para. 1 to 4 of the Trademark regulation, § 5 (1) to (4) of the Design Ordinance and § 3 (1) No. 5, Para. 2, 5 (1) and (2) of the Semiconductor Protection Regulation,
4.
if the legal successor is a Representatives appointed, the name and address of the representative in accordance with § 13.
(3) For the proof of the transfer of rights, it is sufficient,
1.
that the application is signed by the registered proprietors or their representatives and by the legal successor or their representatives or
2.
that the application is submitted when it is submitted by the legal successor,
a)
a statement signed by the registered owners or their representatives that they agree to the registration of the succession, or
b)
Documents that follow the legal succession, such as a transfer agreement or a declaration on the transfer, if the relevant documents are by the registered proprietors or their representatives and by the legal successor or their representatives.
(4) The declarations referred to in paragraph 3 (2) shall be those of the German Patent and Trademark Office are used in the form of the forms. For the transfer contract referred to in paragraph 3 (2) (b), the form issued by the German Patent and Trademark Office may also be used.(5) In the cases referred to in paragraph 3, a certification of the declaration or signatures shall not be required.(6) In the cases referred to in paragraph 3, the German Patent and Trade Mark Office may require further evidence if there are reasonable doubts about the transfer of the law.(7) The evidence of the transfer of rights in any other way than in paragraph 3 shall remain unaffected.(8) The application for registration of the transfer of rights may be made jointly for several property rights. Non-official table of contents

§ 29 Registration of rights in rem

(1) The application for registration of a pledge or other dingy. The necessary evidence shall be attached to the right of the right established by the registration of an industrial property right.(2) In the case of the transfer of rights in rem, Section 28 (2) to (8) shall apply accordingly. Non-official table of contents

§ 30 Measures of enforcement, insolvency proceedings

(1) The application for registration of a measure of the Enforcement in the register may be made by the holder of the registered right of protection or by the person who carries out the enforcement of the enforcement order. The application shall be accompanied by the necessary evidence.(2) The application for the registration of insolvency proceedings in the register shall be accompanied by the necessary evidence. Non-official table of contents

§ 31 retention of submitted items or documents

About samples, models, samples, and similar The German Patent and Trademark Office,
1.
if the patent application, the topography, the trademark or the registered design has been rejected or withdrawn, after the end of a year after an incontestable application Revocation or withdrawal;
2.
if the patent has been granted or revoked, after the end of one year after the inability of the decision to take place Grant or revocation;
3.
if the topography has been registered, after three years after the end of the term of protection;
4.
if the mark has been registered, after the end of a year after registration or, if the appeal has been filed, after the end of a year after the entry of the Unquestionability of the decision on the appeal;
5.
if the design has been registered after three years after the end of the protection period.

Section 3
Final Provisions

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§ 32 Transitional Regulation Reasons for the entry into force of this Regulation

For applications submitted before the entry into force of this Regulation, the provisions of the Regulation on the German Patent and Trademark Office shall be adopted by the European Parliament and the Council of the European Union (5). September 1968 (BGBl. 997), as last amended by Article 24 of the Law of 13. December 2001 (BGBl. 3656), continue to apply. Non-official table of contents

§ 33 Transitional rules for future changes

For applications submitted before the entry into force of amendments to this Regulation , the provisions of this Regulation shall apply in their version up to that date. unofficial table of contents

§ 34 Entry into force, repeal

(1) This Regulation shall enter into force, subject to the provisions of paragraph 2, on the first date. June 2004, in force.(2) Section 1 (2) shall enter into force on the day after the announcement.