Law on the extension of industrial property rights

Original Language Title: Gesetz über die Erstreckung von gewerblichen Schutzrechten

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Law on the extension of industrial property rights (Extension Act-ErstrG)

Unofficial table of contents

ErstrG

Date of completion: 23.04.1992

Full quote:

" Extension Act of 23 April 1992 (BGBl. 938), as last amended by Article 2 (10) of the Law of 12 March 2004 (BGBl I). 390) has been amended "

Status: Last amended by Art. 2 para. 10 G v. 12.3.2004 I 390

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.5.1992 + + +) 
(+ + + Official note from the norm-provider on EC law:
Implementation of the
ERL 71/98 (CELEX Nr: 398L0071) G v. 13.12.2001 I 3656 + + +)

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Content Summary

Part 1
Extension
Section 1
Extension to the territory referred to in Article 3 of the agreement
§ 1 Extension of industrial property rights and protection rights applications
§ 2 Deletion of registered trade marks
§ 3 Objection to registered trademarks
Section 2
Extension of the industrial property rights existing in the area referred to in Article 3 of the agreement to the rest of the Federal Republic of Germany
Subsection 1
General provisions
§ 4 Extension of industrial property rights and protection rights applications
§ 5 Applicable law
Subsection 2
Special provisions for patents
§ 6 Effect of granted patents
§ 6a Patent duration
§ 7 Economic Patents
§ 8 Patents not in German language
§ 9 Use rights in exclusionary patents
§ 10 Patent applications
§ 11 Research
§ 12 Review of granted patents
§ 13 Opposition proceedings in special cases
§ 14 Overdraft of amending procedures
§ 15 Branch
Subsection 3
(dropped)
§ § 16 to 19 (omitted)
Subsection 4
Special provisions for trade marks
§ 20 Deletion of registered trademarks in accordance with § 10 paragraph 2 of the Trademark Law
Section 21 Deletion of registered trademarks according to § 11 of the Trademark Act
Section 22 Review of registered trademarks
Section 23 Notice of registered marks; objection
§ 24 Duration of protection
Section 25 Transfer of a trade mark; trade mark associations
Section 3
Matching rights; Pre-use and continued use rights
Subsection 1
Inventions
Section 26 Meetings of rights
§ 27 Pre-use rights
§ 28 Further usage rights
§ 29 Meeting with the rights of use in accordance with § 23 of the Patent Act
Subsection 2
Trademarks, trademarks and other marks
§ 30 Trademarks and trademarks
Section 31 Other trademark rights
Section 32 Further use
Part 2
Conversion of origin information into association signs
§ 33 Transform
Section 34 Request to transform
§ 35 Application of the Trademark Law
§ 36 Meetings of converted sources of origin and trade marks
Section 37 Protection of converted origin information
§ 38 Further use
Part 3
(dropped)
§ § 39 to 46 (omitted)
Part 4
Amendment of laws
§ 47 Amendment of the Trademark Law
§ 48 Amendment of the Law on the Fees of the Patent Office and of the Patent Court
Part 5
Transitional and final provisions
§ 49 Employee inventions
§ 50 Transfer of dispute resolution
Section 51 Transfer of complaints and nullity proceedings
Section 52 Deadlines
Section 53 Fees
§ 54 Application of the law against unfair competition and other legislation
§ 55 entry into force

Part 1
Extension

Section 1
Extension to the territory referred to in Article 3 of the agreement

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§ 1 Extension of industrial property rights and protection rights

(1) The industrial property rights existing on 1 May 1992 in the Federal Republic of Germany, with the exception of the area referred to in Article 3 of the Agreement on the integration of goods (patents, utility models, semiconductor protection rights, trade marks and (2) The same shall apply to those under international agreements with effect, and shall be subject to the provisions of Article 3 of the Agreement. for the Federal Republic of Germany, with the exception of the one referred to in Article 3 of the agreement , and registered or granted rights of protection. Unofficial table of contents

§ 2 Deletion of registered trade mark

(1) The deletion of a trade mark extended in accordance with § 1, which has been registered on the basis of an application filed in the period from 1 July to the end of 2 October 1990, may be deleted by a third party in accordance with Section 11 (1) No. 1 of the Trademark Law even if the sign is registered for the same or similar goods or services on the basis of an application filed with the former Patent Office of the German Democratic Republic for the same or similar goods or services, and in accordance with § 4 of the German Democratic Republic of Germany has been extended. Such a registration is subject to an internationally registered trademark according to § 4 of the Madrid Agreement concerning the international registration of marks. (2) Paragraph 1 is based on requests for withdrawal of the protection of a trademark pursuant to § 1 the extended internationally registered trade mark in accordance with § 10 of the Regulation on the international registration of factory or commercial brands accordingly. Unofficial table of contents

§ 3 objection to registered trade marks

(1) The registration of a mark registered at the German Patent Office in the period from 1 July 1990 to the end of October 2, 1990, which has been extended according to § 1, may also be contrary to the provisions of Section 5 (4) or § 6a (3) of the Trademark Law. , who, for the same or similar goods or services, has a sign consistent with the signed sign (Section 31 of the Trademark Law) with an older time period, which has been extended in accordance with Article 4, in the case of the former Patent Office of the German Democratic Republic. Such an application is subject to an internationally registered trademark according to § 4 of the Madrid Agreement concerning the international registration of marks. (2) If the German Patent Office has a sign referred to in paragraph 1 in accordance with article 5 (2) of the German Patent Office (German) of the trademark law and the period of opposition pursuant to Section 5 (4) or § 6a (3) of the Trademark Law has not expired on 1 May 1992, the opposition may still be contrary to the earlier mark referred to in paragraph 1 until the end of the period of the law. (3) paragraphs 1 and 2 shall be applied to: Appeals pursuant to § 2 of the Regulation on the international registration of factory or trade marks, which are levied against an internationally registered trade mark extended in accordance with § 1, apply accordingly.

Section 2
Extension of the industrial property rights existing in the area referred to in Article 3 of the agreement to the rest of the Federal Republic of Germany

Subsection 1
General provisions

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§ 4 Extension of industrial property rights and protection rights

(1) The industrial property rights (exclusionary patents and economic patents, trademarks) and applications of such property rights, which are in the territory referred to in Article 3 of the Unification Treaty, on 1 May 1992 shall be protected by the retention of their rights. (2) The same shall apply to applications filed under international agreements with effect for the territory referred to in Article 3 of the Agreement and registered or granted Rights of protection. (3) For indications of origin, which have effect on the information referred to in Article 3 of the § § § 33 to 38 shall apply. Unofficial table of contents

§ 5 Applicable Law

Without prejudice to the following provisions, the industrial property rights and IP rights applications extended pursuant to § 4 are subject to the legislation currently in force for them (Annex I, Chapter III, Section II, Section II, Section 3 (1) of the The contract of unification of 31 August 1990, Federal Law Gazette 1990 II p. 885, 961) only to be applied in so far as the conditions for the protection and the term of protection are concerned. Moreover, they are subject to the provisions of the federal law passed on by the agreement of the agreement.

Subsection 2
Special provisions for patents

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§ 6 Effects of granted patents

The granting of a patent in accordance with the legislation of the German Democratic Republic is the same as the publication of the grant of the patent in accordance with Section 58 (1) of the Patent Law. Unofficial table of contents

§ 6a Patent duration

The duration of the patents extended in accordance with § 4, which did not expire on 31 December 1995, shall be 20 years beginning with the day following the application. Unofficial table of contents

§ 7 Economic Patents

(1) In accordance with § 4, the economic patent shall be considered to be patents for which a licence declaration has been made pursuant to Section 23 (1) sentence 1 of the Patent Law. This also applies to economic patents resulting from the Agreement of 18 December 1976 on the mutual recognition of copyright certificates and other protective documents for inventions (GBl). 327) have been recognised as having effect for the territory referred to in Article 3 of the Agreement. (2) The proprietor of a patent which has been examined for the existence of all the conditions of protection may, at any time, in writing, German Patent and Trademark Office declare that the declaration of licenship in accordance with paragraph 1 shall be deemed to have been revoked. An indication of this declaration shall be published in the Patent Bulletin. If the difference is not paid within the time limit laid down in the second sentence, it may be paid in the event of a delay of delay until the end of a further four months period. § 17 (3), second sentence, of the patent law must be applied accordingly, provided that the expiry of the period of the month of the sentence 3 is replaced by the due date. (3) Who before the publication of the mention of the declaration referred to in paragraph 2, sentence 2 the patent proprietor has given notice of the intention to use the invention, and has used it in use or has made the events necessary for use, shall continue to be used in the manner indicated by him on the display. Wise. Unofficial table of contents

§ 8 Patents not in German language

(1) If a patent extended in accordance with § 4 has not been published in German, the patent proprietor may not assert the rights arising from the patent until the date on which a German translation of the patent specification filed by him has been filed on has been published by the German Patent Office. (2) A reference to the publication of the translation is to be published in the Patent Bulletin and to be noted in the Register of Patents. (3) If the translation of the patent is flawed, then it may be the proprietor of the patent has the publication of a rectified by the patent Apply for translation. Paragraph 2 shall apply accordingly. (4) The wording of the patent is the binding version. If the translation of the patent is defective, the person who has taken the invention in good faith or has made real and serious events for the use of the invention shall also be entitled to the publication of the patent. Continue the translation, free of charge, for the needs of its own company in its own or other workshops throughout the territory of the Federal Republic of Germany, if the use is not in breach of the patent in the incorrect translation of the Patent specification would represent. Unofficial table of contents

§ 9 Rights of use of exclusionary patents

The first sentence of Article 3 (4) of the Act amending the Patent Act and the Law on the Trademarks of the German Democratic Republic of 29 June 1990 (GBl). No 40 p. 571), the right to continue to use an invention protected by an economic patent converted into an exclusion patent will remain and will be extended to the rest of the territory of the Federal Republic. The patent proprietor is entitled to an appropriate remuneration. Unofficial table of contents

§ 10 Patent Applications

(1) If a test according to § 4 has not yet been carried out in accordance with § 42 of the Patent Law, the test must be checked. (2) If the application is not in German The German Patent and Trade Mark Office shall request the applicant to provide a German version of the application within three months. If the German version is not submitted within the time limit, the application shall be deemed to be withdrawn. (3) In the case of a patent application extended in accordance with § 4, provided that the grant of the patent has not yet been decided, the free insight into the Files pursuant to Section 31 (2) (2) of the Patent Law and the application are published as a laid-open document. (4) If a request for examination has been effectively filed for a patent application which has been extended in accordance with § 4, it shall be further treated. If the examination has been initiated on its own account, the examination shall only be continued if the applicant places the examination request in accordance with Section 44 (1) and (2) of the Patent Law. Unofficial table of contents

§ 11 Research

At the request of the patent proprietor or a third party, the German Patent Office shall determine the public documents which are to be considered for the assessment of the patentability of the invention (search) to a patent extended in accordance with section 4. § 43 (3) to (6) and (7) sentence 1 of the Patent Law shall apply accordingly. Unofficial table of contents

§ 12 Examination of granted patents

(1) A patent extended in accordance with § 4, which is not examined for the existence of all protective conditions, is examined on application by the Examination Office of the German Patent and Trademark Office. The application may be filed by the patent proprietor and by any third party. § 44 (1), (2) and (4) sentence 1 and § 45 of the Patent Act must be applied accordingly; § 44 (3) sentence 1 and 2 of the Patent Law shall apply mutatis-ly if an application pursuant to § 11 has been filed. (2) A patent extended in accordance with § 4 The examination office shall be further treated by the Examination Office. An examination of a patent which has already been initiated by the Office shall be continued. (3) The examination referred to in paragraphs 1 and 2 shall lead to the maintenance or revocation of the patent. § 58 (1) sentence 1 and 2 of the Patent Act must be applied accordingly. Opposition to the maintenance may be raised in accordance with § 59 of the Patent Law. (4) On patents within the meaning of paragraph 1, Section 81 (2) of the Patent Law is not to be applied. (5) § 130 of the Patent Act is subject to the examination procedure referred to in paragraphs 1 and to apply accordingly. Unofficial table of contents

Section 13 Opposition proceedings in special cases

If a patent extended in accordance with § 4 has been confirmed or granted by the German Patent Office pursuant to Section 18 (1) or (2) of the Patent Law of the German Democratic Republic, the German Patent Office may still appeal until 31 July 1992. shall be collected. § § 59 to 62 of the Patent Act are to be applied. Unofficial table of contents

Section 14 Overline of amending procedures

Correction procedures in accordance with § 19 of the German Patent Law, which are still pending at the German Patent Office on May 1, 1992, will be subject to restrictions in accordance with § 64 of the German Patent Act (Deutscher Patentamt). Patent law continues. Unofficial table of contents

§ 15 Branch

(1) The declaration pursuant to Section 5 (1) sentence 1 of the Utility Model Law may also be made in respect of patents or patent applications extended in accordance with Section 4. This shall not apply to patents granted or confirmed by the former Patent Office of the German Democratic Republic after consideration for the existence of all the conditions of protection. (2) In the case of the patents referred to in paragraph 1, the declaration may: until the expiry of two months from the end of the month in which a possible examination procedure or any opposition proceedings have been completed, but not later than the end of the tenth year after the date of filing of the patent (3) Rights pursuant to § 9 or pursuant to Section 7 (1) and (3), the invention against payment of a , and further use rights in accordance with § 28 shall also apply in relation to a utility model which has been diverted in accordance with paragraph 1.

Subsection 3
(dropped)

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§ § 16 to 19 (omitted)

Subsection 4
Special provisions for trade marks

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§ 20 Deletion of registered trademarks in accordance with Section 10 (2) of the Trademark Law

(1) The erasure of a trade mark extended in accordance with § 4 shall be effected ex office or on request pursuant to § 10 para. 2 no. 2 of the trademark law only if the mark applies both according to the legislation to be applied until now and in accordance with the regulations of the (2) Paragraph 1 is based on requests for the withdrawal of the protection of an internationally registered trademark pursuant to § 4 of the Regulation on the International Registration of Factory or Trade Marks pursuant to § 10 of the Regulation shall apply accordingly. Unofficial table of contents

§ 21 Deletion of registered trademarks in accordance with § 11 of the Trademark Act

(1) The erasure of a trade mark extended in accordance with § 4, which has been registered on the basis of an application filed in the period from 1 July to the end of October 2, 1990, may also be subject to a third party pursuant to Section 11 (1) No. 1 of the Trademark Law, even then request if the sign is registered for the same or similar goods in the drawing role on the basis of an application with an old-time period for the same or similar goods and has been extended in accordance with § 1. Such a registration is subject to an internationally registered trademark according to § 1 of the Madrid Agreement concerning the international registration of marks. (2) Paragraph 1 is based on requests for withdrawal of the protection of a trade mark pursuant to § 4 the extended internationally registered trade mark in accordance with § 10 of the Regulation on the international registration of factory or commercial brands accordingly. Unofficial table of contents

Section 22 Examination of registered trademarks

(1) The trade mark applications extended in accordance with § 4 shall be subject to the provisions of the trademark law, unless otherwise specified in the following. (2) The declaration of registration cannot be based on the fact that the registered trademark is not subject to the application of the trademark law. (3) Paragraphs 1 and 2 are internationally registered trademarks in accordance with § 4 of the Madrid Agreement governing the international registration of trademarks. shall apply accordingly. Unofficial table of contents

Section 23 Announcement of registered trademarks, objection

(1) Trade mark applications extended in accordance with § 4, even to the extent that an examination has already taken place in accordance with the legislation which has been applied to date, is made known in accordance with Section 5 (2) or § 6a (3) of the Trademark Law. (2) Against the registration of the in accordance with Article 5 (4) sentence 1 (1) of the Trademark Law, the notified mark referred to in paragraph 1 shall be subject to opposition only,
1.
who, for the same or similar goods or services, is a sign consistent with the sign declared (Section 31 of the Trademark Law) with an older senials, which has been extended in accordance with § 4, at the former Patent Office of the Germans Democratic Republic, or
2.
in so far as the notified mark has been declared to the former Patent Office of the German Democratic Republic in the period from 1 July to the end of 2 October 1990, for the same or similar goods, one of the signs declared the corresponding sign (section 31 of the trademark law) with an older time period, which has been extended in accordance with § 1, has registered with the German Patent Office.
The earlier registrations referred to in paragraph 1 and 2 shall be the same as those referred to in § 1 or § 4 of the Madrid Agreement concerning the international registration of marks. (3) Paragraphs 1 and 2 shall apply to: Appeals pursuant to § 2 of the Regulation on the international registration of factory or trade marks, which are levied against an internationally registered trade mark as extended in accordance with § 4, apply accordingly. Unofficial table of contents

§ 24 Protection period

The calculation of the duration of the protection of trademarks extended in accordance with § 4 is to be applied to Section 9 (1) of the Trademark Law. Unofficial table of contents

§ 25 Transfer of a trade mark, trade mark associations

(1) By way of derogation from the second sentence of Article 17 (1) of the Law on Trade Marks of 30 November 1984 (GBl), a transfer of the rights arising from a trade mark or trademark application, which has been extended pursuant to § 4, before 1 May 1992, shall be the same as the law on the trade mark. 397), as defined by Article 2 of the Law of 29 June 1990 (GBl). No 40 p. 571) has been amended, even without the corresponding entry in the register. (2) The erasure of a trademark or a collective mark extended in accordance with § 1 or the failure to register such a mark The mark cannot be based on the fact that the association for which the sign is registered or registered is not legally valid if it was entered on 1 May 1992 in the register of associations in accordance with Section 7 of the law on the trade mark and he or the person responsible for the right of the right of the person to whom the mark is registered or entered by the mark The Association has been transferred to the German Patent Office until the end of April 30, 1993, that it complies with the requirements for the registration of a logo in accordance with § 17 (1) or (2) and § 18 sentence 1 of the Trademark Law; § 20 of the German Patent Trademark law shall not apply to this extent.

Section 3
Matching rights, pre-use and re-use rights

Subsection 1
Inventions

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Section 26 Meeting of rights

(1) To the extent that patents, patent applications or utility models extending under this Act to the territory referred to in Article 3 of the Agreement or the rest of the territory of the Federal Republic of Germany are in accordance with their protection, and as a result of the The holders of these intellectual property rights or protection rights declarations may not, regardless of their time, have rights under the right of protection or the right of protection against the persons to whom the holder of the the use of other protective rights or of the other IP-protection declaration (2) However, the subject-matter of the right of protection or of the application for a right of protection may not be used in the area covered by the right of protection or the application for protection, or may be used only in a limited way; in so far as full use is made of a substantial impairment of the holder of the other right of protection or of the other intellectual property declaration or of the persons to whom he or she uses the object of his right of protection or of his or her own shall have authorised the application, which shall take account of all The circumstances of the case and the consideration of the legitimate interests of the parties would be unreasonable. (3) (omitted) Unofficial table of contents

§ 27 Pre-use rights

(1) The effect of a patent or utility model extended in accordance with § 1 or § 4 is limited by a prior use law (Section 12 of the Patent Act, Section 13 (3) of the Utility Model Act, Section 13 (1) of the German Patent Law) (2) Paragraph 1 shall apply mutatically if the conditions for the recognition of a law of the Federal Republic of Germany are to be applied in accordance with the provisions of Article 12 of the Patent Act. The right of prior use is available in the area where the right of protection has not yet been applied. Unofficial table of contents

§ 28 Continuation of use

(1) The effect of a patent or utility model extended in accordance with § 1 or § 4 shall not occur against the person who, in the area in which the right of protection has not yet been applied, is the subject of the invention in accordance with the day relevant for the time of filing and before 1 July 1990, it was legally in use. This is empowered to use the invention throughout the Federal territory for the needs of its own company in own or foreign workshops with the barriers arising from § 12 of the Patent Law, insofar as the use does not result in a that the holder of the right of protection or of the persons to whom he has authorized the use of the object of his right of protection is substantially impaired, taking account of all the circumstances of the case and, in the event of the weighing of the persons entitled to, (2) In the case of a product manufactured abroad, the , the user shall be entitled to continue to use the rights referred to in paragraph 1 only if the use of the acquis has resulted in the creation of a protective acquis, the non-recognition of which shall, taking into account all the circumstances of the case, be based on the user's uncheap hardness. (3) (dropped) Unofficial table of contents

§ 29 Meeting with rights of use in accordance with § 23 of the Patent Act

To the extent that patents or patent applications for which a license declaration has been issued in accordance with Section 23 of the Patent Law or is deemed to have been issued pursuant to § 7, with patents, patent applications or utility models in their protected area in accordance with this Act, the holders of the most recent patents, patent applications or utility models shall be entitled to enjoy the rights arising from such rights or patent applications without regard to the rights of the holder whose seniation against those who, according to § 23 (3) sentence 4 of the Patent law is entitled to use the invention. § 28 shall remain unaffected.

Subsection 2
Trademarks, trademarks and other marks

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§ 30 Trademarks and trademarks

(1) A trade mark which, in accordance with Article 1, shall be extended to the territory referred to in Article 3 of the Agreement shall, as a result of the extension, be combined with a corresponding trade mark, which shall be extended to the rest of the territory of the Federal Republic of Germany in accordance with Article 4 of this Article, shall be allowed to: shall be used only with the consent of the proprietor of the other character in the territory to which it is extended. (2) The mark may also be used without the consent of the holder of the other sign in the territory to which it is extended shall be
1.
for advertising in public notices or in communications intended for a wider range of persons, where the dissemination of such public notices or communications is not reasonably restricted to the territory of the Community; in which the sign has already been applied,
2.
if the holder of the sign proves that he is entitled under the provisions of the property law to retransmit the other sign or the undertaking to which the other character belongs,
3.
in so far as the exclusion from the use of the mark in this area proves to be unfair, taking into account all the circumstances of the case and in weighing the legitimate interests of the parties and the general public.
(3) In the cases referred to in paragraph 2 (1) and (3), the proprietor of the character may require the person who uses the other character to obtain reasonable compensation in so far as he/she is affected by the use beyond the reasonable amount. (4) in the case of paragraph 2 (2) of the retransmission claim as unfounded, the holder of the trade mark shall be obliged to replace the damage caused to the proprietor of the matching mark by the fact that the mark in the territory, that it has been extended without his consent. Unofficial table of contents

§ 31 Other Trademarks

A trade mark or trade mark which, under this Act, extends to the territory referred to in Article 3 of the Agreement or to the rest of the territory of the Federal Republic of Germany as a result of the extension by a name, a company, a special name of a company or of any other trade mark law acquired through use, § 30 shall apply accordingly. Unofficial table of contents

Section 32 Further use

The effect of a registered trademark or trademark application extended to the rest of the territory of the Federal Republic of Germany under § 4, which would be excluded from registration in accordance with Section 1 or Section 4 (1) or (2) (1) of the Trademark Law, does not occur against those who have been registered in the Federal Republic of Germany. a sign of identical or similar goods or services in the rest of the territory of the Federal Republic of Germany has already been legally used by the trade mark before 1 July 1990. This person shall be empowered to use the mark throughout the territory of the Federal Republic of Germany in so far as the use does not lead to a substantial impairment of the proprietor of the trade mark or to the persons to whom he has authorised the use of the trade mark, taking account of: of all the circumstances of the case and in the event of consideration of the legitimate interests of the parties and of the general public, would be unreasonable.

Part 2
Conversion of origin information into association signs

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§ 33 Conversion

(1) The indications of origin entered in the Register of Origin and the indications of origin declared for registration in this register shall be included in association signs on request in accordance with the following provisions (§ § 17 to 23 of the (2) The indications of origin converted into association signs are given the same time in the rest of the Federal territory as in the area referred to in Article 3 of the agreement. Unofficial table of contents

Section 34 Request for conversion

(1) The request for conversion can only be made by the legally competent associations or legal persons of public law listed in § 17 of the trademark law. (2) The application for conversion shall be valid until the end of 30 April 1993. . The application is free of charge. No reinstatement takes place in the previous stand against the delay of the period. (3) If the application is not filed within the time limit referred to in paragraph 2, the right to be entered in the Register of Origin or to the the right to register the indication of origin. The deletion shall be entered in the register or in the files of the application. (4) The deletion of rights referred to in paragraph 3 shall not affect the power to comply with the conditions of origin concerned in accordance with the general rules to assert. Unofficial table of contents

Section 35 Application of the Trademark Law

The application for conversion shall, unless otherwise specified below, be treated as an application for a logo in accordance with § § 17 to 23 of the Trademark Law. Unofficial table of contents

Section 36 Meeting of converted origin and trade marks

§ § 2 and 3, 20 to 24 and 30 to 32 shall apply mutastally to requests for the conversion of indications of origin into association signs and converted indications of origin registered as an association sign. Unofficial table of contents

§ 37 Protection of converted origin information

If the conditions for the registration of a logo are otherwise laid down, the conversion of a registered or registered indication of origin into a symbol cannot be refused on the grounds that it is not a the indication of origin, unless the designation has lost its original meaning as a geographical indication and of the relevant transport journeys throughout the territory of the Federal Republic solely as a product name or as the name of a Variety or type of product shall be drawn up. Unofficial table of contents

Section 38 Further use

(1) In the case of a declaration of origin in the rest of the territory of the Federal Republic of Germany which has been converted into a label, and which has been lawfully used as a generic name there before 1 July 1990, the name may be used for: Marking of goods or packaging, or in announcements, price lists, letters of business, recommendations, invoices and the like shall be used up to the end of two years after the registration of the logo. After the expiry of this period, any existing, so marked goods or packaging, or existing announcements, price lists, business letters, recommendations, invoices or the like may still be issued until the end of another two years and (2) In the rest of the territory of the territory of the Federal Republic of Germany, a declaration of origin converted into a symbol shall be given a matching name, which was lawfully used there before 1 July 1990 by a company with regard to: Use of this designation is the tradition of an original in the Article 3 of the agreement referred to in Article 3 of the Agreement shall continue to operate in accordance with the provisions of paragraph 1, provided that the period for re-use in accordance with the first sentence shall be ten years.

Part 3
(dropped)

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§ § 39 to 46 (omitted)

Part 4
Amendment of laws

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§ § 47 and 48 ----

Part 5
Transitional and final provisions

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Section 49 Employees ' inventions

On inventions that were before the 3. The provisions of the Law on Employees ' Inventions concerning the Emergence and Maturity of the Remuneration Claim in the case of unrestricted use shall be made in the territory referred to in Article 3 of the Unification Treaty in October 1990. of a service finding, insofar as the entitlement to remuneration has not yet been established until 1 May 1992, as well as the rules on arbitration and the judicial procedure. Moreover, it remains with the provisions previously applicable to them (Annex I, Chapter III, Section II, Section II, Section 11 of the Agreement of 31 August 1990, BGBl. 1990 II, pp. 885, 962). Unofficial table of contents

§ 50 Overdirection of dispute settlement procedures

Proceedings which are still pending on 1 May 1992 at the conciliation office for remuneration disputes of the German Patent Office shall be in the position in which they are located, to which the German Patent Office pursuant to the Act on Employees ' Inventions established arbitration board. Unofficial table of contents

Section 51 Management of appeal and nullity proceedings

(1) Procedures which are still pending on 1 May 1992 in the case of a notice of appeal or an office for annulment of the German Patent Office shall, in the circumstances in which they are located, go to the Federal Patent Court. (2) Procedure which shall: On 1 May 1992, the German Patent Office will continue to grant the German Patent Office's trademark department for the deletion of the trademark of the German Patent Office on 1 May 1992. Unofficial table of contents

Section 52 Time limits

If the proceedings are subject to a right of protection under § 4 or a declaration of protection under Article 4, the course of a period of procedural law which commenced before 1 May 1992 shall be determined in accordance with the provisions of the procedure to be applied to date. Legislation. Unofficial table of contents

§ 53 Fees

(1) Charges for rights of protection and legal protection pursuant to § 4, which have become due before 1 May 1992, shall be payable in accordance with the legislation to be applied until now. (2) Is a fee due from 1 May 1992; , the fee debt shall be deemed to have been paid prior to the date on which charges have been paid up to the date of the previous fee. Unofficial table of contents

Section 54 Application of the law against unfair competition and other legislation

The provisions of this Act shall not affect the application of the law against unfair competition and the general provisions relating to the acquisition or exercise of rights, such as in particular the abuse of rights. Unofficial table of contents

Section 55 Entry into force

This Act shall enter into force on the first day of the calendar month following the proclamation.