WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/lIDEU/C/1/ AddA 
IP/N/1IDEU/c/21 Add.2 
IP/N/1/DEUIDI1/ Add.2 
IP/N/1IDEU/L/1/ Add.1 
IP/N/1/DEU/P/1/ Add.3 
IP/NI1 IDEU/P 121 Add.1 
IP/N/1/DEU/P/31 Add.2 
IP/N/lIDEU/T/1/Add.4 
IP/N/1/DEU/T/21 Add.4 
IP/N/1IDEU/u/1/ AddA 
6 February 2004 
(04-0472) 
Ongmal: English! 
anglais/ 
mgles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
GERMANY 
Addendum 
The present document reproduces the textl of the Law to Revise the Rules on Costs m the Field of Intellectual 
Property, of 13 December 2001, representmg an amendment to varIOUS earlier notified laws, as notified by Germany under 
Article 63.2 of the Agreement (see document IPlNllIDEU/lIRev. lIAdd.1 ). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFIEES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
ALLEMAGNE 
Addendum 
Le present document contlent Ie textel de la LOI du 13 decembre 2001 portant reVISIOn des regles reglssant les 
couts dans Ie domame de la propnete mtellectuelle, qUI modifie plusleurs lOIS ayant deja faIt l'obJet d'une notificatIOn, notifie 
par I'Allemagne au tItre de l'artIcle 63:2 de l'Accord (voir Ie document rP1N1l IDEU/I IRev.1 I Add. 1 ). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
ALEMANIA 
Addendum 
En el presente documento se reproduce el textol de la Ley de modificaclon de las normas relatlvas a los costos en 
el ambito de la proPJedad mtelectual, de 13 de diclembre de 2001, que constItuye una enmlenda de vanas leyes notificadas 
antenormente, que Alemama ha notificado en vlrtud del parrafo 2 del articulo 63 del Acuerdo (vease el documento 
IP/N/lIDEUIlIRev.lI Add. 1 ). 
I In English only./En anglals seulement.!En mgles solamente. IPIN/1/DEU/C/1/ Add.4, IPIN/IIDEU/C/2/ Add.2, 
IPIN/1IDEUID/1/Add.2, IPIN/IIDEU/L/1/Add.l, 
IPIN/1/DEU/P/1/Add.3, IPIN/1IDEU/P/2/Add.l, 
IPIN/1IDEU/P/3/ Add.2, IPIN/1IDEU/T/1I Add.4, 
IPINIIIDEU/T/2/Add.4, IPINIIIDEUIU/1/Add.4 
Page 2 
Law 
to Revise the Rules onCosts 
in the Field of Intellectual Property 
of13 December 2001 
The Bundestag [Federal Parliament] has passed the following Law: 
Articles 1 to 6 ... 
Article 7 
Amendment of the Patent Law 
(420-1) 
The Patent Law in the version published on 16 December 1980 ,(Federal Law Gazette 
19811p. 1), last amended by Article 5 PC3ragn3ph 20 of the Law of 26 November 2001 
(Federal Law Gazette I p. 3138). shall be amended as follows: 
1. The wording "Part XI!: Transitional Provisions Section 147" shall be added to the Table 
of Contents. 
2. 
3. Section 16a shan be amended as follows: 
.' 
a) In subsection (1), second sentence, the words "in accordance with the schedule of 
fees" shall be deleted. 
b) In subsection (2), ,the word§"(Sections 17 (2) to (6), 18 and 19)" shall be replaced 
by the words "(Section 17 (2»)". 
4. Section 17 shall be amended as follows: 
a) In subseGtion (1), the words "as prescribed in the sched\-lle offees" shalL be 'deleted. 
b) Subsections (3) to (6) sha" be repealed. 
5. Section 18 shall be repealed. 
6. Section 19 shall be repealed. 
7. Section 20 (1), No.3, shall be worded as follows: 
"3. the annual fee or the differential amount are not paid iFl due time (Section 7 (1), 
Section 13 (3) or Section 14 (2) and (5) of the Patent Costs Law, Section 23 (7). 
fourth sentence, of this Law)." 
8, Section 23 shall be amended as follows: IPIN/lIDEU/CIl/ Add.4, IP IN/lIDEU/C/2/ Add.2, 
IPINIlIDEU/D/lIAdd.2, IPINIlIDEU/L/lIAdd.l, 
IPIN/lIDEU/PIl/Add.3, IPINIlIDEU/P/2/Add.l, 
IPIN/lIDEU/P/3/ Add.2, IPIN/lIDEU/TIl/ Add.4, 
IPIN/lIDEU/T/2/ Add.4, IPIN/lIDEU/u/lI Add.4 
a) _ Subsection (1) shall be worded as follows: 
"( 1) If the applicant for a patent or the person recorded as patentee in the 
Register (SeCtion 30 (1)) declares to the Patent Office in writing that he is prepared 
to aljow anyone to use the invention in return for reasonable compensation, the 
annual fees falling due after receipt of the declaration shall be reduced to one half. 
The effect of a declaration made in respect of a main patent shall extend to all its 
patents of addition. The declaration shall be recorded in the Register and published 
in the Patent Gazette." 
b) In subsection (2), the words "in the Register of Patents" shall be replaced by the 
words "in the Register". 
c) Subsection (3), second sentence, shall be worded as follows: 
"Notification shall be deemed to have been effected if it is has been dispatched by 
registered mail to the person recorded in the Register as -eatentee or to his 
registered representative or to the person authorized by him to receive service of 
documents (Section 25)." 
d) _ Subsection (4) shall be,worded as follows: 
"(4) The compensation shall be assessed by the Patent Division at the written 
request of a party. Sections 46, 47. and 62 shall apply mutatis mutandis to the 
proceedings. The reqoest may be directed against more than one-party. In 
assessing the compensation, the Patent Office may order that the costs of 
assessment proceedings be reimbursed in whole or in part by the opponent ofthe 
request." 
e) Subsection-(5) shaH be amended as follows: 
aa) The second sentence shall be repealed. 
bb) The words "the first to fourth sentences of' shall be deleted from the third 
sentence. 
f) Subsection (7), fourth sentence, shall be worded as follows: 
"If the differential amount is not paid within the period provided for in the third 
sentence, it may be paid before expiry of a further period of four months along with a 
late surcharge." Page 3 IPINIlIDEU/CIlI AddA, IPINIlIDEU/CI21 Add.2, 
IPINIlIDEUID/1/Add.2, IPINIlIDEU/L/lIAdd.l, 
IPINIIIDEU/P/lI Add.3, IPINIlIDEU/P/21 Add. 1 , 
IPINI 1 IDEU/P/31 Add.2, IPlNlllDEU/T/lI AddA, 
IP INI IIDEU IT 121 AddA, IP INI liD EUIVIlI AddA 
Page 4 
9. Section 25 shall be worded as follows: 
"Section 25 
(1) A person who has neither domicile, seat nor establishment in" the Federat 
Republic of Germany may take part in proceedings under this Law before the Patent 
Office or the Patent Court and assert rights deriving from a patent only if he has 
appointed as his representative a patent attorney or an attorney-af-Iaw in the Federal 
Republic of Germany who is authorized to represent him in Patent Office and Patent 
Court proceedings and in civil litigation in respect of the patent as well as to file requests 
for the institution of criminal proceedings. 
(2) Citizens of a Member State of the European Union or of another Contracting 
Party to the Agreement on the European Economic Area can be appointed as a 
representative within the meaning of SUbsection (1) for the purpose of provision ofa 
service within the meaning of the Treaty establishing the European Community if they 
are entitled to practice their professional activity under one of the professional titles 
referred to in the Annex to Section 1 of the Law on Professional Practice by European" 
Attorneys-at~Law in Germany of 9 March 2000 (Federal Law Gazette I p. 182) or to . 
Section 1 of the Law on the Examination of Aptitude for Admission to Practice as a 
Patent Attorney of 6 July 1990 (Federal Law Gazette I p. 1349, 1351) in the respective 
version in force. In this case, proceedings may, however, only be pursued if an attbrney­
at-law or patent attorney has been appointed in the Federal Republic of Germany as the 
person authorized to receive service of documents. 
(3) The place where the 'representative appointed pursuant to subsection (1,) has his 
business premises shall be deemed, within the meaning of Section 23 of the Code of 
Civil Procedure, to be the place where the assets are located; if there are no business 
premises, then the place where the representative has his domicile in' the Federal 
Republic of Germany shall be relevant and, in the absence thereof, the place where the 
Patent Office has its seat. 
(4) The legal termination of the appointment of a representative under subsection (1) 
shall not become effective until the Patent Office or the Patent Court has been notified of 
both the termination of this appointment .and the appointment of another representative. n 
10. In Section 27 (5), second sentence, the words "the President of the Patent Office" shall 
be replaced by the words "the German Patent and Trade Mark Office". 
11. Section 28 shall be amended as follows: 
a) The subsection reference "(1)" shall be deleted. 
b) Subsection (2) shall be repealed. IPINIl/DEU/C/1/ Add.4, IPINIlIDEU/C/21 Add.2, 
IPlNlllDEUlDll1 Add.2, IPlNlllDEU/LIll Add.l, 
IPINIlIDEU/P/ll Add.3, IPINIlIDEU/P/21 Add.l, 
IPINIl/DEU/P/3I Add.2, IPlNllIDEU/T/1/ Add.4, 
IPINIlIDEU/T 121 Add.4, IPINIIIDEUIUIlI Add.4 
Page 5 
12. Section 29 (3) shall be worded as follows: 
. "(3) The Federal Ministry for Justice may, in order to make the documentation of the 
Patent Office available to the public, prescribe by statutory order that the Office will 
provide information on the state of the art, without guarantee that the information is 
complete, without requiring the approval of the Federal Council. In this regard, it shall be 
authorized to determine the manner in which the information shall be given, the volur:ne 
of information and the technical fields involved. The Federal Ministry for Justice may 
delegate such authority to the Patent and Trade Mark Office without requiring the 
approval of the Federal Council." 
13. Section 30 shall be amended as follows: 
14. a) Subsection (1), first sentence, shall be worded as follows: 
b) "The Patent Office shall maintain a Register in which shall be recorded the titres of 
patent applications, the files of which may be inspected by any person, and of 
granted patents and supplementary certificates of protection (Section 16a) as well 
as the names and addresses of applicants or of patentees and'their representatives 
and persons authorized to receive servfce of documents appointed pursuant to 
SectiQn 25, ,if any, whereby an entry relating to a representative' or person 
authorized to receive service of documents shall suffice." 
c) Subsection (3) shall be worded as follows: 
d) "(3) The Patent Office shall record in the Register a change in the identity of the 
person, in the name or in the address of the applicant or the patentee or his 
representative or person authorized by him to receive service of documents, if proof 
thereof is furnished to it. Until such time as the change has been recorded, the 
former applicant, patentee, representative or person authorized to receive service 
shall continue to have the rights and obligations as provided under this Law." 
e) Subsection (5) shall be repealed. 
15. Section 32 shall be amended as foHows: 
a) The following sentence shall be added at the end of subsection (1): 
"Publication may take electronic form." 
b) IPIN/1IDEU/C/1/ AddA, IPIN/IIDEU/C/2/ Add.2, 
IPIN/1IDEUID/lIAdd.2, IPIN/lIDEU/L/lIAdd.I, 
IPIN/IIDEU/P/ll Add.3, IPIN/IIDEU/P/2/ Add.I, 
IPIN/1IDEU/P/3/Add.2, IPIN/IIDEU/T/lIAddA, 
IPIN/1IDEU/T/2/ AddA, IP IN/1IDEU/U/1/ AddA 
Page 6 
16. Section (34) shall be amended as follows: 
a) Subsection (6) shall be repealed. 
b) In subsection (7), second sentence, and subseCtion (9); second sentence, the words 
"the President of the Patent Office"shaH be replaced by the words "the German 
Patent and Trade Mark Office" in each instance. 
c) The previous subsections (7) fo (9) shall become subsections (6) to (8). 
17. In Section 39 (2), second sentence, the words "fee under Section 43" shall be replaced 
by the words "fee under the Paterit Costs Law for a search pursuant to Section 43". 
18. In Section 42 (1), second sentence, the words."(Section 34 (7))" shall be replaced by the 
words "(Section 34 (6.))". 
19. Section 43 shall be amended as follows: 
a) In subsection (1), first sentence, the word "(search)" shall be inserted following the 
word "filed". 
b) Subsection (2), fourth sentence, shall be repealed. 
c) Subsection (4), third sentence, shall be worded as follows: 
"The fee paid under Section 43 for the search as prescribed in the Patent Costs Law. 
shall be refunded." 
20. Section 44 shall be amended as follows: 
a) Subsection (3) shall be repealed. 
b) In subsection (4), second sentence, the words "Section 43 (2), second, third and 
fifth sentences" shall be replaced by the words "Section 43 (2), second to fourth 
sentences". 
c) The previous subsections (4) and (5) shall become subsections (3) and (4). 
21. In Section 47 (2): the part of the sentence ", if any," shall be deleted. 
22. Section 49a shall be amended as follows: 
a) Subsection (3); first sentence, shall be worded as follows: 
"Section 34 (.6) shall apply." 
b) Subsection (4) shall be repealed. 
23. 
24. Section 57 shall be repealed. IPINIlIDEU/C/1/ AddA, IPINIlIDEU/C/21 Add.2, 
IPlNlllDEUlDlll Add.2, IP INIlIDEU/L/l I Add. 1 , 
IPINIlIDEU/P/1/Add.3, IPINIlIDEU/P/2/Add.l, 
IPINIIIDEU/P/3/Add.2, IPINII/DEU/T/lIAddA, 
IPINIlIDEU/T/21 AddA, IPINIIIDEUIUIlI AddA 
25. In Section.58 (3), the words "(Section 17)" shall be replaced by the words "(Section 7 (1) 
of the Patent Costs Law)". 
26. The following' sentence shall be added to the end of Section 62 (1): 
'The Patent Division may order that the opposition fee as prescribed in the Patent Costs 
Law be refunded in whole or in part if and to the extent that this is equitable". 
27. Section 63 shall be amended as follows: 
a) 
b) Subsection (4) shall be amended as follows: 
aa) In' the first sentence, the words "The Federal Minister for Justice" shall be 
replaced by the words "The Federal Ministry for Justice". 
bb)ln the second sentence, the word "He" shall be replaced by the word "It" and 
the words "the President of the Patent Office" shall be replaced by the words 
"the Patent and Trade Mark Office". 
28. Section 64 (2), second sentence; shall be repealed, 
29. In Section 67 (1) the words "in cases under Section 73 (3) and" shan be replaced by the 
words "in cases in which the application is rejected or in which a decision is made as to 
maintenance, revocation or limitation of a patent, and". 
30. Section 73 shall be amended as follows: 
a) Subsection (3) shall be repealed. 
b) The previous subsections (4) and (5) shall become subsections (3) and (4). 
c) In the new subsection (3), second sentence, the words "under the Patent Costs 
Law" shall be . inserted after the word "appeal fee". 
d) In the new subsectiQn (4), the words "subsection (4)" shall be replaced by the words 
. "subsection (3)". 
31. In Section 80 (3) the words "(Section 73(3»" shall be replaced by the words "under the 
Patent Costs Law". 
32. Section 81 shall be amended as follows:' 
a) 
b) Subsection (6) shall be repealed. 
c) The previous subsection (7) shall become subsection (6). 
33.' Section 85 (2), first sentence,shall be repealed. Page 7 IP/N1lIDEU/CIl I AddA, IP/NIlIDEU/C/21 Add.2, 
IP/NIl/DEUlDlll Add.2, IP/NIlIDEU/L/ll Add.l, 
IP/N1lIDEU/PI 1/ Add.3, IP/N/lIDEU/P/21 Add.l, 
IP/N/l/DEU/P/3/Add.2, IP/N/1/DEU/TIlIAddA, 
IP/NIl/DEU/T/21 AddA, IP/N/lIDEU/u/l/ AddA 
Page 8 
34. Section 98 shall berepealed. 
35. Section 130 shall be amended as follows: 
a) The following second sentence shall be inserted into subsection (1): 
"On request by the applicant or the patentee, legal aid may also be granted for the 
annual fees pursuant to -Section 17 (1 r' 
b) in subsection (4), the words' "or the patentee" 'shall be inserted after the words 
"applicant for the patent". 
c) Subsection (5) shall be worded as follows: 
"(5) On request, as many annual fees shall be included in the legal aid as are 
necessary to avoid a Hmitation opposing a grant of legal aid under SeCtion 115 (3) of 
the Code of Civil Procedure. The installments paid shall be set off against the 
annual fees only when the costs of the patent granting procedure, including costs 
possibly arising for an appointed representative, are covered by the payment of the 
installments. To the .extent that the annual fees shall be considered paid by the 
payment of the installments, Section 5 (2) of the Patent Costs Law shall apply 
mutatis mutandis." 
36. In Section 143 (5), the words "up to the amount of a full fee" shall be deleted. 
37. Section 147 shall be amended as follows: 
a) The previous wording shall become subsection (1). 
b) The following subsections (2) and (3) shall be added after subsection (1): 
"(2) For deferment of patent annual fees or maintenance fees granted up to 
31 December 2001 pursuant to th~ version of Section 18 applicable until this date, 
the provisions heretofore in force shall remain applicable. 
(3) In derogation of Section 61 (1), first sentence, the Chamber of Appeal of the 
Patent Court shall decide on an opposition under section 59, if 
1. the time limit for lodging an opposition commences after 1 January 2002 and 
the opposition has been lodged before 1 January 2005, or 
2. the opposition has been lodged before 1 January 2002, a party requests this by 
31 December 2004 and the Patent Division has not yet served a summons to 
an ora:l hearing or the decision ,on the opposition within a period of two months 
after receipt of the request for a decision by the Patent Court. IPIN/lIDEU/C/1/ AddA, IP /N/1/DEU/C/21 Add.2, 
IPIN/lIDEUID/l/Add.2, IP/N/1/DEU/L/l/Add.l, 
IPIN/lIDEU/P/1/ Add.3, IP/N/IIDEU/P/21 Add. 1 , 
IP INI IIDEU/P 131 Add.2, IP /NI1 IDEU/T III Add.4, 
IPINI1 IDEU/T/21 AddA, IP/N/lIDEU/U/l1 AddA 
Sections 59 to 62, with the exception' of Section 61 (1), first sentence, shall apply 
mutatis mutandis for opposition proceedings before the Chamber of Appeal of the 
Patent Court. The Chambe;,r of Appeal shall decide in the composition of ,one 
technical member as presiding judge; two further technical members and one legal 
member. An appeal on a point of law from ,decisions of the Chambers of Appeal 
shall lie to the Federal Court of Justice pursuant to Section 100." 
Article 8 
Amendment of the Utility Model Law 
(421-1) 
The Utility Model Law in the version published on 28 August 1986 (Federal Law 
Gazette I p-. 1455), last amended by Article 5 paragraph 21 of the Law of 26 November 2001 
(Federal Law Gazette I p. 3138), shall be amended as follows: 
1. Section 4 shall be amended as follows: 
a) In subsection (4), second sentence, the words "the President of the Patent Office" 
shall be replaced by the words "the German Patent and Trade Mark Office". 
b) Subsection (5) shall be repealed. 
c) The previous subsections (6) to (8) shall. become subsections (5) to (7). 
d) In the new sUbsection (7), second sentence, the words nthe President of the Patent 
Office" shall be replaced by the words nthe German Patent and Trade Mark Office". 
2. Section 7 shall be amended as follows: 
a) In su~section (1), the word "(search)" shall be inserted at the end of the sentence 
after the words "or the utility model". 
b) Subsection (2), fourth sentence, shall be repealed. 
3. 'Section 8 shall be amended as follows: 
a) 
b) Subsection (2) shall be worded as follows: Page 9 IPINIlIDEU/C/1/ AddA, IPINI1/DEU/C/21 Add.2, 
IPINI1IDEUIDI1/Add.2, IPINIlIDEU/L/1/Add.1, 
IPINIlIDEU/P/11 Add.3, IPINIlIDEU/P/21 Add. 1 , 
IPINIlIDEU/P/31 Add.2, IPINI1IDEU/T/11 AddA, 
IP INIlIDEU/T/21 AddA, IPINI1IDEU/u/1/ AddA 
Page 10 
4. "(2) The registration shall contain the name and address of the applicant as well 
as of any representative and any person authorized by him to receive service of 
documents appointed in accordance with Section 28, together with the date of filing 
of the application." 
c) The following second sentence shall be added at the end of SUbsection (3): 
"Publication may take electronic form." 
d) Subsection (4) shall be worded as follows: 
e) "(4) The Patent Office shall record in the Register a ?hangein the identity of the 
proprietor of the utility model or of his representative or person authorIzed by him to 
receive service of documents, if proof thereof is furnished to it. Until such ti,me as the 
change has been recorded, t~e former proprietor and his former representative or 
person authorized to receive service shall continue to have' the rights and 
obligations as provided .under this Law." 
5. In Section 10 (2), second sentence, the words "the President of the Patent Office" shall 
be replaced by the words "the German Patent and Trade Mark Office". 
6. Section 16 shall be amended as follows: 
a) The third sentence shall be repealed. 
b) In the previous fourth sentence, the words "Section 81 (7)" shall be replaced by the 
words "Section 81 (6)". 
7.' Section 18 shall be amended as follows: 
a) Subsection ·(2) shall be repealed. 
b) The previous subsections (3) to (5) shall become subseCtions (2) to (4). 
c) In the new subsection (3), the following sentence shall be inserted after the second 
sentence: 
"The second sentence shall apply mutatis mutandis to appeals from decisions 
on requests for the grant of legal aid." 
8. Section 23 shall be worded as follows: 
"Section 23 
(1) The term of protection of a registered utility model shall commence on the day of 
application and shall end ten years after expiry of the month in which the day of 
application falls. 
(2) Maintenance of protection shall be effected by means of payment of a 
maintenance fee for the fourth to Sixth, seventh and eighth as well as for the ninth and IP /N/lIDEU/C/l/ Add.4, IP/N/IIDEU/C/2/ Add.2, 
IP/N/lIDEUID/l/Add.2, IP/N/lIDEU/L/l/Add.l, 
IP/N/lIDEU/P/1/ Add.3, IP/N/1/DEU/P/2/ Add. 1 , 
IP/N/lIDEU/P/3/Add.2, IP/N/IIDEU/T/l/Add.4, 
IP/N/IIDEU/T/2/ Add.4, IP/N/IIDEU/U/1/ Add.4 
tenth years, calculated from the day of application. The maintenance shall be recorded 
in the Register. 
(3) The utility model shall lapse if 
1. the person registered as proprietor waives the utility model by means of written 
declaration to the Patent Office, or 
2. the maintenance fee is' not paid in good time (Section 7 (1), Section 13 (3) or 
. ,Section 14 (2) and (5}of the Patent Costs Law)." 
9. In Section 27 (5), the words "up to the amount of a full fee" shall be deleted. 
10. Section 28 shall be worded as follows: 
"Section 28 
(J) A person who has neither domicile, seat nor establishment in the Federal 
Republic of Germany may take part in proceedings 'under this Law beforE:: the Patent 
Office or the Patent Court and assert rights deriving from a utility model only if he has 
appointed as his representative a patent attorney or an attorney-at-law in the Federal 
Republic of Germany Who is authorized to represent him in Patent Office and Patent 
Court proceedings and in civil litigation in respect of the utility model as well as to file 
requests for the institution of criminal proceedings. 
(2) Citizens of a Member State of the European Union or of another Contracting 
Party. to the Agreement on the European Economic Area can be appointed as a 
representative within the meaning of subsection .(1) for the purpose of provision of a 
service within the meaning of the Treaty establishing the European Community if they 
are entitled to practice their professional activity under one of the professional titles 
referred to in the Annex to Section 1 of the Law on Professional Practice by European 
Attorneys-at-Law in Germany of 9 March 2000 (Federal Law Gazette I p. 182) or to 
Section 1 of the Law on the Examination of Aptitude for Admission to Practice as a 
Patent Attorney of 6 July 1990 (Federal Law Gazette'l p. 1349, 1351) in the respective' 
version in force. In this case, proceedings may, however, only be pursued if an attorney­
at-law or patent attorney in the Federal Republic of Germany has been appointed as the 
person authorized to receive service of documents. 
(3) The place where the representative appointed pursuant to subsection (1) has his 
'business premises shall be deemed, within the meaning of Section 23 of the Code of 
Civil Procedure, to be the place where the assets are located; if there are no business 
premises, then the place where the representative has his domiciie in the Federal 
Republic of Germany shall be relevant and, in the absence thereof, the place where the 
Patent Office has its seat. 
(4) The legal termination of the appointment of a representative under subsection (1) 
shall not become effective until the Patent Office or the Patent Court has been notified of 
both the termination of this appointment and the appointment of another representative." Page 11 IP/NIl/DEU/C/l I AddA, IP/N/l/DEU/CI21 Add.2, 
IP/N/l/DEU/D/1/ Add.2, IP/N/l/DEU/L/1/ Add. 1 , 
IP/N/l/DEU/P/1/ Add.3, IP/N/l/DEU/P/21 Add. 1, 
IP/N/l/DEUlP/31 Add.2, IP/N/l/DEU/T III AddA, 
IP/N/1/DEU/TI21 AddA, IP/N/l/DEU/u/11 AddA 
Page 12 
11. Section 29 shall be amended as follows: 
a) The subsection reference "(1)" shall be deleted. 
b) Subsection (2) shall be repealed. 
Article 9 
Amendment of the Trade Mark law 
(423-5-2) 
The Trade Mark Law of 25 October 1994 (Federal Law Gazette.1 p. 3082, 1995 I p. 156; 
1996 I p. 682), last amended by Article 5 paragraph 22 of the Law of 26 November 2001 
(Federal Law Gazette I p. 3138), shall be amended as follows: 
1. The Table of Contents shall be amended as follows;. 
a) In Part 3 Chapter 4, the words "Section 64a Rules on Costs in Proceedings before 
the Patent Office" shall be inserted following the words "Section 64 Objection". 
b) In Part 5 Chapter 3, the .following words shaH be inserted following the worDs 
"Section 125h Insolvency Proceedings": 
"Section 125i Issue of an Order for Enforcemenf'. 
c) In Part 8 Chapter 1, the following words shall be inserted following the words 
"Section 143 Punishable Infringement of Signs": 
"Section 143a Punishable Infringement of a Community Trade. Mark". 
2. Section 27 (4) shall be worded as fonows: 
"(4) Where the transfer of rights concerns only some of the goods or services Jar 
which the trade mark is registered, the provisions concerning the division of the 
registration shall apply mutatis mutandis with the exception of Section 46 (2) and (3), 
first and second sentences." 
3. The following sentence shall be added aUhe end of Section 28 (2): 
"If the successor in title takes over proceedings under the first or second sentences, the 
consent of the other parties to the proceedings is not required." 
4. Section 32 (4) shall be repealed. 
5. Section 36 shall be amended as follows: 
a) Subsection (1), No.3, shall be worded as follows: 
"3. the appropriate amount has been paid in fees, and". IPlNllIDEU/CllI Add.4, IPINIl/DEU/C/21 Add.2, 
IPINIlIDEUlDllIAdd.2, IPINI1IDEU/L/lIAdd.1, 
IPINI1 IDEU/PI 11 Add.3, IPINIlIDEU/P/21 Add. 1 , 
IPINIIIDEU/P/3/Add.2, IPINIlIDEU/T/I/Add.4, 
IPINIlIDEU/T/21 Add.4, IPINI 1 IDEUlUllI Add.4 
b) In subsection (2), first sentence, the werds "not to have been filed" shall be replaced 
by the words "to have been withdrawn". 
c) Subsection (3) shall be worded as follows: 
"(3) If, within a time period set by the Patent Office, there is a failure to pay any 
arrears or the appropriate amount of arrears of the required class fees, or if the 
applicant fails to indicate which goods or seNices are to be covered by the amount 
paid in fees, the leading class shall be taken into account first, followed by the other 
classes in the sequence of the subdivision of classes. Otherwise, the application 
shall be deemed to have been withdrawn." 
6. Section 38 shall be amended as follows: 
a} The subsection reference "(1 )" shall be deleted. 
b) Subsection (2) shall be repealed, 
c) The previous subsection 1 shall become the first sentence. 
7. Section 40 (2) shall be amended as follows: 
a) . The second sentence shall be repealed. 
b) In the previous third sentence, the words "under the Patent Costs Law for division 
proceedings" shall be inserted after the word "fee". 
8.. Section 42 (3). shall be repeaied. 
9. Section 46 (3) shall be amended as follows: 
a) The second sentence shall be repealed. 
b) . In the previous third sentence, the words ,"undE?r the Patent Costs Law for division 
proceedings" shall be inserted after the word "fee". 
1 O. Section 47 shall be amended as follows: 
a) Subsection (1 ) shall be worded as follows:. 
"(1) The period of protection of a registered trade mark shall commence on the 
day of application (Section 33 (1)) and shall end ten years later on the last day ofthe 
month with the same name as that month in which the day of application falls." 
b) Subsection (3) shall be amended as follows: 
aa) In the first sentence, the words "as prescribed by the schedule of fees" shall be 
deleted. 
bb) The second to fourth sentences two shall be repealed. Page 13 IPINI1IDEU/CI 1/ Add.4, IPINI1/DEU/C/21 Add.2, 
IPINIlIDEUIDI1/Add.2, IPINIlIDEU/L/1/Add.1, 
IPINIlIDEU/PIl/Add.3, IPINIlIDEU/P/2/Add.1, 
IPINIlIDEU/P/3/Add.2, IPINI1IDEU/T/1/Add.4, 
IPINI1IDEU/T/21 Add.4, IPINI1IDEU/u1 1/ Add.4 
Page 14 
c) Subsection (4), second sentence, shall be worded as follows: 
"If there is a failure to pay merely the required class fees, the period of protection 
shall, unless thefirst sentence applies, only be renewed for those classes which are 
covered by the payment of fees." 
11. Section 54 shall be amended as follows: 
a) Subsection (2) shall be repealed. 
b) The previous subsection (3) shall become subsection {2}. 
12. In Section 61 (2), the words "fee, if any, to be paid" shall be replaced by the words ''fee 
Linder the Patent Costs Law, ifany, to be paid". 
13. Section 63 (2)~shall be worded as follows: 
"(2) The Patent Office may order that the fee under the Patent Costs Law for 
accelerated examination, for opposition proceedings or for cancellation proceedings be 
wholly or partly refunded, if and to the extent thafthis is equitable." 
14. Section 64 shall be amended as follows: 
a) After subsection (4), the following new subsection (5) shall be inserted: 
"(5) The Trade Mark Section or the T-rade Mark Division may order that a fee 
under the Patent Costs Law for the objection be wholly or partly refunded." 
b) The' previous subsection (5) shall become subsection (6). 
15. The following Section 64a shall be inserted following Section 64: 
"Section 64a 
Rules on Costs 
in Proceedings. before the Patent Office 
In 'proceedings before the Patent Office, the Patent Costs Law shall apply in respect 
of the costs." 
16. Section 65 shall be amended as follows: 
a) Subsection (1) shall be amended as follows: 
aa) In No. 12, the words "applications, oppositions or other requests" shall be 
replaced by the words "applications and oppositions". 
bb) No. 13 shall be repealed. The former No: 14 shall become No. 13. 
b) In subsection (2), the words "President of the Patent Office" shall be replaced by the 
words "German Patent and Trade Mark Office". IPlNlllDEU/CllI Add.4, IPINIlIDEU/CI2I Add.2, 
IPINIIIDEUlDllIAdd.2, IPINIlIDEU/L/lIAdd.l, 
IPINIlIDEUIPIlI Add.3, IPINIIIDEUIP121 Add. 1 , 
IPINIlIDEUIP13/Add.2, IPlNlllDEU/T/lI Add.4, 
IPINI1 IDEU/T/21 Add.4, IP INI 1 IDEUIUI 1 I Add.4 
17. Section 66 shall be amended as follows: 
a) In subsection (2), the words "in writing" shall be inserted after the words "Patent 
Office". 
b) Subsection (3); sixth sentence, shall be worded as follows: 
"The remaining periods of time under the first and second sentences' shall be 
interrupted if the proceedings are suspended· or if an extension of time has been 
granted to one of the parties on his request or as a result of peremptory proVisions." 
c) Subsection (5) shall be repealed. 
d) The previous subsection (6) shall become subsection (5). 
e) In the new subsection (5) the words "':Jnder the Patent Costs Law" shall be inserted 
after the word "appeal fee" in the third sentence. 
18. In Section 71 (3) the words "(Section 66 (5»" shall be replaced by the words "under the 
Patent Costs Law". 
19. Section 82 (1), third sentence, shall be worded as follows: 
"In proceedings before the Patent Court, the Patent Costs Law shall apply mutatis 
mutandis with respect to the fees; the Court Costs Law shall apply mutatis mutandis with 
respect to the expenses." 
20 .. In Section 85 (5), fourth sentence, the words "up to the amount of a fulUee" shall· be 
deleted. 
21. In Section 91 (1), second sentence, the words "(Section 6 (1), first sentence, of the 
Patent Costs law)" shall be inserted after the words "opposition fee". 
22. Section 96 shall be worded as follows: 
"Section 96 
Domestic Representative 
(1) A person who has neither domicile, seat nor establishmen~ in the Federal 
Republic of Germany may take part in proceedings under this Law before the Patent 
Office or the Patent Court and assert. rights deriving from a trade mark only if he has 
appointed as his representative a patent attorney or an attorney-at-law in the Federal 
Republic of Germany who is authorized to represent him in Patent Office and Patent 
Court proceedings and in cIvil litigation in respect of this trade mark as well as to file 
requests for the institution of criminal proceedings. Page 15 IP INIl/DEU/CIl1 AddA, IP INIlIDEU/CI21 Add.2, 
IPINI1/DEU/D/1/ Add.2, IPINIIIDEU/L/1/ Add. 1 , 
IPINIlIDEU/P/1/ Add.3, IPINIlIDEU/P/21 Add.l, 
IPINIlIDEU/P/31 Add.2, IPINIlIDEU/T/1/ AddA, 
IPINI1 IDEU/T /21 AddA, IPINI1/DEU/u/1/ AddA 
Page 16 
(2) Citizens of a Member State of the European Union or of another Contracting 
Party to the Agreement on the European Economic Area can be appointed as a 
representative within the mea~ing of subsection (1) for the purpose of provision of a 
s'ervice within the meariing of the Trea'ty establishing the European Community if they 
are entitled to practice their professional activity under one of the professional titles 
referred to in the Annex to Section 1 of the Law on Professional Practice by European 
Attomeys~at-Law in Ger.many of 9 March 2000 (Federal Law Gazette I p: 182) or to 
Section 1 of the Law on the Examination of Aptitude for Admission to Practice as a, 
Patent Attorney of 6 July 1990 (Federal Law Gazette (p. 1349, 1351) in the respective 
version in force. In this case, proceedings may, however, only be pursued if an attorney­
at-law or patent attorney in the Federal Republic of Germany has been appointed as the 
person authorized to receive service of documents: 
(3) The place where the representative appointed pur;;uant to subsection (1) has his 
business premises shall be deemed, within the meaning of Section 23 of the Code of 
Civil Procedure, to be the place where the assets are located. If there are no business 
premises, then the place where the representative has his domicile in the Federal 
Republic of Germany shall be relevant and, in the absence thereof, the place where the 
Patent Office has its seat. 
(4)The legal termination of the appointment of a representative under subsection (1) 
shall not become effective until the Patent Office or the Patent Court has been notified of 
both the termination of this appointment and the appointment of another representative." 
23. Section 109 shall be worded as follows: 
"Section 1 09 
Fees 
If the application for international registration is filed prior to the registration of the 
mark in the Register, the national fee for the international registration procedure shall 
become due on the date of registration." 
24. Section 111 shall be worded as follows: 
"Section 111 
Subsequent Territorial, Extension 
A request for subsequent territorial extension of the international' registration of a 
mark may be filed under Article 3ter (2) of the Madrid Agreement with the Patent Office. n IP INIlIDEU/C/11 AddA, IP INI1/DEU/CI21 Add.2, 
IPINIlIDEUIDIlIAdd.2, IPINI1IDEU/L/1/Add.1, 
IPINIlIDEU/P/1/ Add.3, IPINI1IDEU/P/21 Add. 1 , 
IPINI1/DEU/P/31 Add.2, IP INI1IDEU/TI11 AddA, 
IPINIlIDEU/T/21 AddA, IPINI1IDEU/u/1/ Add A 
25. Section 121 s'hal! be worded as follows: 
"Section 121 
Fees 
If the international registration is to be effected under the Madrid Agreement and 
according to ,the Protocol Relating to the Madrid Agreement on the basis of a registered 
mark, and if the application for international registration was filed prior to the registration 
of the mark, the national fee under the Patent Costs Law for international registration 
shall become due on the date of registration." 
26. Section 123 shall be amended as follows: 
a) Subsection (1); first sentence, shall be worded as follows: 
"The request for subsequent territorial extension of the protection resulting from the 
international registration of a mark under Article 3ter (2) of the Protocol Relating to 
the Madrid Agreement may be filed with the Patent Office.~· 
b) Subsection' (2) shall be worded as follows: 
"(2) Subsequent territorial extension on the ?asis of a registered mark may be 
effected under the· Madrid Agreement as well as according to the Protocol Relating 
to the Madrid Agreement." 
. c) Subsection (3) shall be repealed. 
27. Section 125 shall be amended as follows: 
a) Subsection (2) shall be repealed. 
6) The previous subsections (3) to (5) shall become subsections (2) to (4). 
28. Section 125d (1) shall be worded as follows: 
n(1) If a request for conversion of a filed or registered Community trade mark has 
been transmitted to the Patent Office under Article 109 (3) of the Community Trade Mark 
Regulation, the fee and the class fees, as specified in the Patent Costs Law for the 
. conversion procedure sha.1I become due on receipt of the req'uest for conversion by the 
Patent Office." 
29. The following Section 125i shall be inserted following Section 125h: 
"Section 125i 
Issue of an Order for Enforcement 
Competence forlssuing an order for enforcement pursuant to Article 82(2), second 
sentence, of the Community Trade Mark Regulation lies with the Patent Office. The 
enforceable copy shall be issued by the registrar of the Patent Court." Page 17 IPINIlIDEUICIlI AddA, IPINIlIDEU/CI21 Add.2, 
IPINI1/DEUIDIl/Add.2, IPINIlIDEUILIl/Add.l, 
IPINI 1 IDEU/P1l I Add.3, IPINIlIDEU/P/21 Add. 1 , 
IPINIIIDEU/P/3/Add.2, IPINIlIDEU/T/1/AddA, 
IPINI1/DEU/T/21 AddA, IPINIlIDEUIUIl I Add A 
Page 18 
30. SeCtion 130 shall be amended as follows: 
a) Subsection (2) shall be repealed. 
b) The previous subsections (3) to (5) shall become subsections (2) to (4). 
31. Section 132 shall be amended as follows: 
a) In subsection (1), the words "within four months after publication in the Official 
Journal of the European Communities pursuant to Article 6 (2) 'of Regulation (EEC) 
No. 2081/92" shall be inserted after the words "with the Patent Office". 
b) Subsection (2) shall be worded as follows: 
"(2) Reinstatement in respect of the time limit for filing an objection shall not be 
permissible." 
32. In Section 138 (2), the words "the President oUhe Patent Office" shall be replaced by 
the words "the German Patent and T'rade Mark Office". 
33, In Section 140 (5), the words "up to the amount of a full fee" shall be deleted. 
34. Section 143 shall be amended as follows: 
a) Subsection (1 a) shall be repealed. 
b) In subsection (4), the words "referred to in subsections (1) and (1a)" shall be 
replaced by the words "referred to in subsection (1 t. 
c) Subsection (7) shall be repealed. 
35. The following Section 143a shall be inserted following Section 143: 
"Section 143 
Punishable 
Infringement of a Community Trade Mark 
(1) Any person who infringes the rights of the proprietor of a Community trade mark 
as laid down in Article9(1), second sentence, of Council Regulation (EC) No. 40/94 of 
20 December 1993 ~m the Community trade mark (OJ 199~ No. L 1,1 p, 1) by, in the 
course of trade and in spite of a prohibition and without the .consent of the trade mark 
proprietor, 
1, usrng a sign identical with the Community trade mark for goods or services which 
are identical with thos~for which it is registered, 
2,using a sign if" because of its identity with, or similarity to, the Community trade 
mark, and the identity or similarity of the goods or services covered by the 
Community trade mark and the sign, there exists a likelihoo'd of confusion on the 
part of the public, including the Iikeiihood of association of the sign with the trade 
mark; or IPIN/lIDEU/CllIAddA, IPIN/lIDEU/C/2/Add.2, 
IP IN/lIDEUIDIlI Add.2, IP IN/lIDEU/Ll11 Add. 1 , 
IPIN/l/DEUIP111 Add.3, IPINilIDEU/P/21 Add. 1 , 
IPINIlIDEUIP13/Add.2, IPINI1IDEUlT/1/AddA, 
IPINIlIDEUITI2I AddA, IPINIlIDEUIUIlI AddA 
3. using a sign identical with or similar to the Community trade mark for good;; or 
services which are not similar to those for which the Community trade mark is 
registered', where the'this trade mark 'has a reputation in the Community and where 
the sign is used with intent, without due cause, to take unfair advantage of, or have 
detrimental effect on, the distinctive character or' the repute of such Community 
trade mark, 
shall be punished by imprisonment of up to three years or by a fine, 
(2) Section 143 (2) to (6) shalf apply mutatis mutandis." 
36, In Section 145 (3), the words "OEM 5,600" shall be replaced'by the words "EUR 2,500'" 
and the words "OEM 20,000" shall be replaced by the words "EUR 10,000". 
37. The following subsections (4) to (7) shaH beadded to Section 165: 
"(4) In derogation of Section 64 (1), first sentence, and subsection (5), first 
sentence, an appeal can also be filed ,instead of an objection during the period from 
1 January 2002 to 31 December 2004. 
(5) In derogation of Section 66 (1), first and ,secon'd sentences, and subsection (3), 
the following shall apply for the period from 1 January 2002 until 31 December 2004: . . - . 
1. Parties to proceedings before the PatE;lnt Office shall be entitled to file an appeal 
from the decisions of the Trade Mark Sections and Trade Mark Divisions. 
2. If one party has filed an objection and another party has filed an appeal from a 
decision of the Trade Mark Sections or Trade Mark Divisions in respect of which it is 
also possible to file an objection, the party who has filed the objection may also file 
an appeal. If the appeal of the party who has filed the objection fails to file his appeal. 
within a time-period of one month after service of the appeal of the other party 
pursuant to Section 66 (4), second sentence, his objection shall be deemed to have 
been withdrawn. No further appeal fee shall be payable for the appeal of the party 
who has filed the objection. 
(6) Sections 64 and 66 ,ih the version in force until 1 January 2002 shall be 
applicable to objections and appeals filed before 1 January 2002. For proceedings 
involving several parties which become pending up to ~ 1 December 2004, the 
applicability of subsections (4) and (5) shall be determined according to the date the 
appeal is filed. 
(7) Section 96 fn the, version in force until 1 January 2002 shall be applicable to 
proceedings as referred to in Section 96 which became pending before 1 January 2002," Page 19 IPlNlllDEU/C/ll AddA, IPINI1/DEU/C/21 Add.2, 
IPINIlIDEUIDI1/Add.2, IPINI1/DEU/L/l/Add.l, 
IPINIlIDEUIPIlI Add.3, IPINIlIDEUIP121 Add.l, 
IPIN/lIDEU/P/31 Add.2, IPlNll/DEU/T/ll AddA, 
IP IN/lIDEU/T/21 AddA, IPINIlIDEU/u/1/ AddA 
Page 20 
Articles rOto 13 ... 
Article 14 
Amendment of the Semiconductor Protection Law 
(426-1) 
The Semiconductor Protection Law of 22 October 1987 (Federal Law Gazette I p. 2294), 
.last amended by Article 5 paragraph 23 of the Law of 26 November 2001 (Federal Law 
Gazette I p. 3138), shall be amended as follows: 
1. The abbreviation " -HalblSchg" shall be inserted in the title following the words 
"Semiconductor Protection Law". 
2. Section 3 shall be amended as follows: . 
3. a) In subseCtion (3), secdnd. sentence, the words "the President of the Patent Office" 
shall be replaced by the words "the German Patent ,md Trade Mark Office". 
b) Subsection (5) shall be worded as follows: 
"(5) If the defects mentioned in subsection (4) have not been remedied within 
the time limit mentioned in ?ubsection (4), the application shall be deemed to have 
been withdrawn." 
4. Section 8(4) shall be amended as follows: 
a) The third sentence shall be repealed. 
b) In the fourth sentence, the words "Section 81 (7)" shall be replaced by the words 
"Section 81 (6)". 
Article 15 
Amendment of the Law Against Unfair Competition 
(43-1 ) 
In Section 6 (2), second sentence, of the Law Against Unfair Competition in the revised 
version published in the Federal Law Gazette Part III, No. 43-1, last amended by Article 5 
paragraph 24 of the Law of 26 November 2001 (Federal Law Gazette I p. 3138), the words 
"DEM 10,000" shall bereplaced by the words "ELJR 5,000". IP INIlIDEU/CI11 AddA, IPINIl/DEU/C/21 Add.2, 
IPINIlIDEUlDllIAdd.2, IPlNllIDEUIL/lIAdd.1, 
IPINIlIDEUlPllIAdd.3, IPINIlIDEUIPI2IAdd.1, 
IPINI1IDEUIP13/Add.2, IPlNlllDEU/T/lI Add.4, 
IPINIlIDEU/TI2I AddA, IPINI1IDEUlUi1I Add A 
Article 16 
Amendment of the Copyright Law 
(440-1) 
The Copyright Law of 9 September 1965 (Federal Law Gazette I p. 1273), last amended 
by Article 5 paragraph 25 of the Law of 26 November 2001 (Federal Law Gazette I po. 3138), 
shall be amended as follows: 
1. In Section 26 (1), second sentence, the words "OEM 100" shall be replaced by the words 
"EUR 500". 
2. in Section 66 (2), second sehtence, the words "Register of Authors" shall be replaced by 
the words "Register of Anonymous and Pseudonymous Works". 
3. Section 138 shall be am"ended as follows: 
a) The heading" shall be replaced by "Register of Anonymous and Pseudonymous 
Works". 
b) In subsection (1), first sentence, the words,"Register of Authors" shall be replaced 
by the words "Register of Anonymous and Pseudonymous Works". 
c) Subsection (4) shall be worded as follows: 
"(4) Any person may inspect the Register. Extracts from the Register shall be 
issued on request." 
d) Subsection (5) shall be amended as follows: 
aa) In No.1, the words "the Register of Authors" shall be replaced by the words "the 
Register". 
bb) No.2, second sentence; shall be repealed. 
4. The Annex to Section 54d shall be amended as follows:·· 
"Annex 
(to Section 54d (1» Page 21 IPINIl/DEU/C/I/AddA, IPINIIIDEU/C/2/Add.2, 
IPINI I IDEUIDIl I Add.2, IPINIIIDEU/L/Il Add. I , 
IPINIlIDEU/PI 1/ Add.3, IPINIlIDEU/P/21 Add.l, 
IPINil/DEU/P/31 Add.2, IPINI1/DEU/T/1/ AddA, 
IPINilIDEU/T/21 AddA, IPIN/lIDEU/u/II Add A 
Page 22 
Rates of Remuneration 
I. Remuneration under Article 54 (1) 
The remuneration due to all owners of rights shall be 
1. for each audio recording appliance ............................................. EUR 1.28 
2. for each audio recording appliance for whose operation 
. separate mediums (item 5) are not required ............................... EUR 2.56 
3. for each video recording appliance with or without audio 
recording ...................................................... ........................ r....... EUR 9.21 
4. for each video recording appliance for whose operation· 
separate mediums (item 6) are nat required ................................. EUR 18.42 
5. in respect of audio recording mediums, for each hour of playing 
time in normal utilization .............................................................. EUR 0.0614 
6. in respect of video recording mediums, for each hour of playing 
tIme in normal utilization ............................................................... EUR 0.0870 
II. Remuneration under Article 54a 
1. Remuneration due to all owners of rights under Article 54a (1) 
shall be, for each reproduction appliance with a capacity of 
a) up to 12 copies a minute .......................................... :........... EUR 38,35 
if polychrome photocopies can be made .............................. EUR 76.70 
b) from 13to 35 copies a minute ................... .' .................... :..... EUR 51.13 
ifpolychrome photocopies can be made ........................ ...... EUR 102.26 
c) from 36 to 70 copies a minute .............................................. EUR 76.70 
if poly'chrome photocopies can be made .................. :........... EUR 153.40 
d) . more than 70 copies a minute ....... .......... .................. ...... ..... EUR 306.78 
if polychrome photocopies can be made .............................. EUR613.56 
2. Remuneration due to all owners of rights under Article 54a (2) 
shall be, for each DIN A4 page of photocopying 
.a) for photocopies made from books intended exclusively for 
school use and approved by a Land authority as school 
books 
monochrome ......................... ................................................ EUR 0.0256 
polychrome ....... .-................................................................... EUR 0.0512 
b) for all other photocopies 
monochrome ......................................................................... EUR 0.0103 
polychrome ........................................................................... EUR 0.0206 
3. These rates of remuneration shall beappJied mutatis mutandis 
to other reproduction processes having a comparable effect." IPINIlIDEU/ClliAddA, IPlNllIDEU/C/2/Add.2, 
IPINIlIDEUIDIl/Add.2, IPlNllIDEU/L/l/Add.l, 
IPlNllIDEU/P/l/ Add.3, IPINIlIDEU/P/21 Add.l, 
IPINIlIDEU/P/3/Add.2, IPINIlIDEU/T/1/AddA, 
IPINIlIDEU/T/21 AddA, IPlNll/DEU/u/l/ Add A 
Article 17 
Amendment of the Copyright Administration Law 
(440-12) 
In Section 21 of the Copyright Administration Law of 9 September 1965 (Federal Law 
Gazette I p.1294), last amended by Article 5 paragraph 25a of the Law of 26 November 
2001 (Federal Law Gazette I p. 3138), the words "OEM 10,000" shall be replaced by the 
words "EUR 5,000". 
Article 18 
Amendment of the Desig'ns Law 
(442-1 ) 
The Designs Law in the revised version published in the Federal Law Gazette Part III, 
No. 442-1, last amended by Article 5 paragraph 27 of the Law of 26 November 2001 (Federal 
Law Gazette I p. 3138), ,shall be amen'ded as follows: 
1. Section 7 shall be amended as follows: 
a) In subsection (6}, the second sentence shall be repealed: 
. . ~-
b) In subsection (10), third sentence, the words "in accordance with the schedule of 
fees" shall be deleted. 
2, Section 8 (2) shall be amended as follows: 
a) In' th.e first sentence, the word "extension" shall be replaced by the word 
"maintenance" . 
b) The following sentence shall be added after the first sentence: 
"Publication may take electronic form." 
3. Sectiorl 8b shall be amended as follows: 
a) Subsection (2) shall be worded as follows: 
"(2) The term of protection shall lapse unless the owner ofthe design pays the 
extension fee within the period of deferment." 
b) In subsection (3), third sentence, the words "third and fourth sentences" shall be 
replaced by the words "fourth and fifth sentences". 
4 Section 8e shall be repealed. 
5, Section 9 'shall be worded as follows:, Page 23 IPINIl/DEU/CI 1/ AddA, IPINIlIDEU/CI21 Add.2, 
IPlNlllDEUlDll1 Add.2, IPINIlIDEUILIlI Add.l, 
IPINIlIDEU/P1l1 Add.3, IPIN/lIDEU/P/21 Add.l, 
IP INllIDEU/P/3/ Add.2, IPIN/lIDEU/T/ll AddA, 
IPlNllIDEU/T/21 AddA, IPINI 1 IDEU/u/1/ Add A 
Page 24 
"Section 9 
(1) The term of protection ofa registered design shall commence on the day of 
application and shall end twenty years after expiry of the month in which the day of 
application falls. 
(2) Maintenance of protection shall be effected by means of paYl)lent of a 
maintenance fee for the sixth to tenth, eleventh to fifteenth as well as for the sixteenth to 
twentieth years, calculated from-the day of application. 
(3) If, in the case of a multiple application (Section 7 (9)), the maintenance fee is 
paid only in respect of some of the designs without specification, the designs shall be 
taken into account according to the sequence -of app'lication. If variations ofa basic 
design have been registered (Section 8a (1 )), the basic designs shall be taken into 
account first." 
6. Section 1 0 shall be amended as follows: 
a) In subsection (3), first sentence, the words "Section 12 (1)" shall be replaced by the 
words "Section 12". 
b) The previous subsections (4) and (5) shall be replaced by the following 
- ' . 
subsections (4) to (6): 
"(4) If, within a time' perio~ $et by the Patent Office, there is a ~ailure to pay the 
appropriate amount of arrears of application fees, or if the applicant failS to ,indicate 
which designs are to be covered by the amount paid in fees, the Patent Office shall 
determine which designs shall be .taken into account. OtherWise, the application 
shall be deemed to have been withdrawn. 
(5) Where the defE?cts referred to in subsection (3) are. not remedied within the 
time limit specified in subsection (3), first sentence, the applicati.on shall be deemed 
to have been withdrawn. 
(6) Section 123 (1) to (5) and (7) aswell as Sections 124 and 126 to 128 of the 
-Patent Law shall apply mutatis mutandis." 
7. Section 10a (1) shall be amended as follows: 
a) ,The third sentence shall be repealed. 
b) In the previous fourth sentence, the words '73 (2), (4) and (5)" shall be replaced by 
the words "73 (2) to (4)". 
8. Section 10b shall be amended as follows: 
a) The following second sentence shall be inserted after the first sentence: 
"On request by the registered owner, legal aid may also be granted for the 
maintenance fees pursuant to Section 9 (2)." -
b) In the previous third sentence, the words "130 (2), (3) and (6)" shall be replaced by 
"130 (2), (3) and (5)". IPINIlIDEU/C/lI AddA, IPINIlIDEU/C/21 Add.2, 
IPINI 1 IDEUID/l I Add.2, IPIN/lIDEU/L/1I Add.l, 
IPlNllIDEU/PllIAdd.3, IPIN/lIDEU/P/2/Add.l, 
IPINI1 IDEU/P/31 Add.2, IPIN/lIDEU/TI 1/ AddA, 
IPINI1 IDEu/T/21 AddA, IPINI 1 IDEU/u/l I Add A 
9. Section 10c (1), No.1, shall be amended as follows: 
"1. on expirY of the term of protection or if the maintenance fee is not paid in good. time 
(Section 7 (1), Section 13 (3) or Section 14 (3) and (5) of the Patent Costs Law),". 
1 O. Section 12 shall be worded as follows: 
"Section 12 
The Federal Ministry for Justice shall regulate the establishment and the business 
procedure of the German Patent and Trade Mark Office as the designs registration 
authority and shall, insofar as provision therefor has not been made by law, determine 
by statutory order, without requiring the approval of the Federal Council, the form and 
other requirements for applications for designs, the form and other requirements for the 
representation of the design, the admissible dimensions of the product used to represent 
the surface design or the product itself, the content and' scope of any description 
accompanying the representation, the classification of goods, the keeping and-form of 
the. Designs' Register, the particulars to be entered in the Designs' Register and the 
details of publication, including production by the Patent Office of the representation of 
the design in the cases covered by Section 7 (4) to (6) and the treatment cif products 
accompanying an application for its. representation following cancellation of the entry in 
the Designs Register (Section 1 Dc). It may delegate these powers to the German Patent 
and Trade Mark Office by statutory order." 
11. In Section 12a (2), the words "the President of the Patent Office" shall be replaced by 
the words "the German Patent and Trade Mark Office". 
12. Section 13 shaH be worded asfolfows: 
"Section 13 
(1) The person who has filed the design for registration in the Designs Register in 
accordance with Section 7 shall be deemed to be its author until proved otherwise. 
(2) Changes in the name or in the'address of the applicant, owner or representative 
should be communicated to the Patent Office without delay. The Patent Office shall 
record the change in the Designs Register. 
(3) The request for registration of a change in the identity of the person of the 
~ applicant or owner,shall be accompanied by written proof thereof." 
13. In Section 15 (5), the words "up to the amount of a full fee" shall be deleted. 
14. Section 16 shaH be worded as follows: 
"Section 16 
(1) A person who has neither domicile, seat nor establishment in the Federal 
Republic of Germany may take part in proceedings under this Law before the Patent 
Office or the Patent Court and assert rights deriving from a design protected according 
to the provisions of this Law only if he has appointed as. his representative a patent 
attorney or an attorney-at-law in the Federai Repubiic of Germany who IS authorized to Page 25 IPINIl/DEU/CI 1/ Add.4, IPINIlIDEU/C/21 Add.2, 
IPINIl/DEU/D/1/Add.2, IPINIlIDEU/L/lIAdd.l, 
IPINIlIDEU/PI 11 Add.3, IPINI1/DEU/P121 Add.l, 
IPINIlIDEU/P/3/Add.2, IPINIlIDEU/T/I/Add.4, 
IPINIlIDEU/T/21 Add.4, IPINIIIDEU/u/1/ Add.4 
Page 26 
represent him in Patent Office and Patent Court proceedings and in Civil litigation in 
respect of the design as well as to file requests for the institution of criminal proceedings. 
(2) Citizens of a Member State of the European Union or of another Contracting 
Party to the Agreement on the European Economic Area can be appointed as a 
representative within the meaning of subsection (1) for the purpose of provision of a 
service within the meaning of the Treaty establishing the European Community if they 
are entitled to practice their professional activity under one of 1he professional titles 
referred to in the Annex to Section 1 of the Law on Professional Practice by European 
Attomeys-at-Law in Germany of 9 March 2000 (Federal Law Gazette r p. 182) or to 
Sectron 1 of the Law on the. Examination of Aptitude for Admission to Practice as a 
Patent Attorney of 6 July 1990 (Federal Law Gazette I p. 1349, 1351) in the respective 
version in force. In this case, proceedings may, however, orily be pursued if an attomey­
at-law or patent attorney in the Federal Republic of Germany has been appointed as the 
person authorized to receive service of documents. 
(3). The place where.the representative appointed pursuant to subsection (1) has his 
business premises shall be deemed, within the meaning of Section 23 of the Code of 
Civil Procedure, to be the place where the assets are located; if there are no business 
premises, then the place where the representative has his domicile in the Federal 
Republic of Germany shall be relevant and, in the absence thereof, the place where the 
Patent Office has its seat. 
(4) The legal termination of the appointment of a representative under subsection (1) 
shall not become effective until the Patent Office or the Patent Court has been notified of 
both the termination of this appointment and the appointment of another representative." 
Article 19 
Amendment of the Type Face Law 
(442-4) 
Artic/e'2 of the Type Face Law'of 6 July 1981 (Federal Law Gazette 1981 lip. 382), last 
amended by Article 3 of the Law of 18 December 1986 (Federal Law Gazette I p. 2501), shall 
be amended as follows: 
1. Subsection (1) shall be amended as follows: 
a) NO.4 shall be worded as follows: . 
"4. The term of protection for registered type faces shall commence on the day of 
application and shall end twenty five years after expiry of the month in which the 
day of application falls; Maintenance of protection shall be effected by means of 
payment of a maintenance fee for the eleventh to fifteenth, sixteenth to 
twentieth and twenty first to twenty fifth years. respectively, calculated from the 
day of application." IPINIlIDEU/CIlIAddA, IPINIlIDEU/C/2/Add.2, 
IPINIlIDEU/DIlI Add.2, IPINIlIDEU/L/lI Add. 1 , 
IPINI 1 IDEU/PI 11 Add.3, IPINIlIDEU/P/21 Add. 1 , 
IPINIIIDEU/P/31 Add.2, IPlNllIDEU/T III AddA, 
IPINIlIDEU/T/21 AddA, IPINIlIDEU/u/ll AddA 
b) In No.5, first and second sentences, the words "PatentOffice" shall be replaced by 
the. words "Patent and Trade Mark Office" in each instance. 
2. In subsection (2), second sentence, the words "the President of the Patent Office" shall 
be replaced by the words "the German Patenf and Trade. Mark Office". 
Article 20 
Amendment of the Plant Variety Protection Law 
(7822-7) 
The Plant Variety Protection Law in the version published on 19 December 1997 
(Federal Law Gazette I p. 3164), last amended by Article 5 paragraph 33 of the Law of 
26 Nbvember2001 (Federal Law Gazette I p. 3138), shall be amended as follows: 
1. In Section 34 (2), the wor.ds "a fee shall be payable in .accordance with the Law on the 
Fees of .the Patent Office and the Patent Court" shall be replaced by the words "an 
appeal fee shall be payable in accordance with the Patent Costs Law". 
2. In Section 38.(4), the words "up to the amount of a full fee" shall be deleted. 
3. In Section 40a (1), first sentence, the words "or pursuant to Council Regulation (EC) 
. No. 21DO/94 of 27 July 1994 on Community plant variety rights (OJ No. L 227 p. 1)" shall 
be inserted after the word "within the country". 
Article 21 
Further Amendments of the Patent Costs Law, the Patent Law, 
the Utility Model Law, the Trade Mark Law, the Semiconductor Protection Law 
and the Designs Law 
(2) The following' Section 123a shall be inserted following Section 123 of the Patent Law .. 
in the version published on 16 December 1980 (Federal Law Gazette 1981 I p. 1), last 
amended by Article 7 of this Law: 
"Section 123a 
(1) If, upon failure to observe a time limit determined by the Patent Office, the. patent 
application is refused, this decision shall be ineffective without requiring express reversal 
if the applicant requests that the application continue to be processed and makes good 
the action in default. Page 27 IPIN/lIDEU/C/1/ AddA, IPINIl/DEU/C/2/ Add.2, 
IPIN/lIDEUID/l/Add.2, IPINIlIDEU/L/lIAdd.l, 
IPIN/lIDEU/P/1/ Add.3, IPIN/lIDEU/P/2/ Add.l, 
IPIN/lIDEU/P/3/Add.2, IPIN/lIDEU/T/lIAddA, 
IP IN/lIDEU/T/2/ AddA, IPIN/lIDEU/U/l/ Add A 
Page 28 
(2) The request shall be filed within a time limit of one month f0110wing service of the 
decision on refusal of the patent application. The action in default shall be made good 
within this time limit. 
(3) Reinstatement in respect of failure to observe the time limit sp~cified in. 
subsection (2) shall not be permissible. 
(4) A decision on the request shall be taken by the authority that-is required to 
decide on the action to -be made good." 
(3) In Section 21 (1) of the Utility Model Law ir:1 the version published on 28 August 1986 
(Federal Law Gazette I p. 1455), last amended by Article 8 of this Law, the words "further 
processing of the application (Section 123a)," shall be inserted after the words 
"(Section 123),". 
(4) The Trade Mark Law of 25 October 1994 (Federal Law Gazette I p.3082, 1995 I 
p. 156, 1996 I p. 682), last amended by Article 9 of this Law, shall be amended as follows: 
1. In Part 3 Chapter 7 of the Tqble. of Contents, the Words "Section 91 a Further Processing 
of the Application" shalf be inserted following the words "Section 91 Reinstatement". 
2: The following Section 91 a shall be inserted following Section 91: 
"Section 91a 
Further Processing of the Application 
(1) If, up~n failure to observe a time limit determined by the Patent Office, the trade 
mark application is refused, this decision shalL be ineffective without requiring express 
rev.ersal if the applicant requests that the application continue to be processed and 
makes good the action in default. 
(2) The request shall be filed within a time limit'of one month foilowing service of the 
decision on refusal of the trade mark C)pplication. The action in default shall_be made 
.good within this time limit. 
(3) Reinstatement i~ respect of failure to observe the time limit specified in 
subsection (2) shall not be permissible. 
(4) A decision on the request shall be taken by the authority that is required to 
decide on the action to be made good." 
(5) In Section 11 (1) of the Semiconductor Protection Law of 22 October 1987 (Federal 
Law Gazette I p. 2294), last amended by Article 14 of this Law, the words "further processing 
ofthe application (Section 123a)," shall" be inserted after the words "(Section 123),". 
(6) In Section 1 0 (6) of the Designs Law in the revised version published in the Federal 
Law Gazette Part III, No. 442-1, last amended by Article 18 of this Law, the words 
"Sections 124" shall be replaced by the words "Sections 123a, 124". IPINIlIDEU/CIl/ AddA, IPIN/IIDEU/C/2/ Add.2, 
IPINIlIDEUID/lIAdd.2, IPINIlIDEU/L/l/Add.l, 
IPIN/IIDEU/P/lIAdd.3, IPIN/IIDEU/P/2/Add.l, 
IPINIlIDEU/P/3/Add.2, IPIN/l/DEU/T/l/AddA, 
IPINIlIDEU/T/2/ AddA, IPINIlIDEU/u/l/ Add A 
Page 29 
Articles 22 to 29 ... 
Article 30 
Entry into Force 
(1) Except as provided in subsections (2) and (3), this Law shall enter into force on 
1 January 2002. 
(2). On the day following promulgation, 
1. Article 3, NO.5 (c) and No.6, 
2. ArtiGie 5, 
3. Article 9, Nos. 29, 34 and 35, 
4. Article 10, No.6, and 
5. Provisions contained in Articles 1 to 20 of this Law which authorise the issuance of 
'statutory orders 
shall enter into force. 
(3) Article 21 shall enter into force on 1 January 2005. 
The constitutional rights of the Federal Council have been heeded. 
The above Law is hereby executed and shall be promulgated in the 
Federal Law Gazette. 
Berlin, 13 December 2001 
The Federal President 
Johannes Rau 
.The Federal Chancellor' 
G e rh a r d S c h roe de r 
The Federal Minister of Justice 
Daeubler-Gmelin