By illustrating why and how decisions were taken and how these affected later phases of the program, the authors hope to provide insights, knowledge, and inspiration for those involved in setting up or implementing reparations programs in the future. Download entire publication 12 MB. Download 1. Download 2MB. Download 3.
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Download 2. Download 2 MB. Download 7. The German Compensation Program for Forced Labor: Practice and Experiences This publication describes the practical implementation of the German compensation program for Nazi-era forced labor.
The special motion Erinnerung shall have a suspensive effect. This shall not apply if the party that lodged the special motion Erinnerung is opposed by another party to the proceedings. If, in proceedings in which several persons are involved, one party has lodged a special motion Erinnerung , and another party has lodged an appeal against a decision, the party that lodged the special motion Erinnerung may also lodge an appeal.
If the appeal of the party that lodged the special motion Erinnerung is not lodged within one month of service of the appeal of the other party in accordance with section 66 4 , second sentence, his special motion Erinnerung shall be deemed to have been withdrawn. A decision on a special motion Erinnerung nonetheless issued after an appeal has been lodged shall be null and void. Section 65 Authorisation to issue statutory instruments. Chapter 5 Proceedings before the Federal Patent Court.
The parties to the proceedings before the German Patent and Trade Mark Office shall be entitled to appeal. The appeal shall have suspensive effect. If the party that lodged the special motion Erinnerung is opposed in the special motion Erinnerung proceedings by another party, the first sentence shall apply with the proviso that the six-month time limit after the lodging of the special motion Erinnerung shall be replaced by a time limit of ten months. If the other party has also lodged a special motion Erinnerung , the appeal in accordance with the second sentence shall require the consent of the other party.
The written declaration of consent shall be enclosed with the appeal. If the other party does not also lodge an appeal within a period of one month after service of the appeal in accordance with subsection 4 , second sentence, his special motion Erinnerung shall be deemed to have been withdrawn. The running of the periods in accordance with the first and second sentences shall be suspended if the proceedings are stayed or if a party is granted a time limit at his request or because of binding provisions.
The remaining part of the periods in accordance with the first and second sentences shall commence after the ending of the suspension or after expiry of the time limit that has been granted. After the decision on the special motion Erinnerung has been taken, an appeal in accordance with the first and second sentences shall no longer be available. The appeal and all written pleadings containing substantive motions or the declaration of withdrawal of the appeal or of a motion shall be served on the other parties ex officio.
Other written pleadings shall be informally communicated to them unless service is ordered. This shall not apply if the appellant is opposed by another party to the proceedings. The unit may order that the appeal fee in accordance with the Patent Costs Act be reimbursed. If the appeal is not allowed in accordance with the first sentence, it shall be remitted to the Federal Patent Court within one month and without comment as to its merit. The appeal shall be submitted to the Federal Patent Court promptly in cases falling under the second sentence.
In proceedings with no third-party participation within the meaning of the second sentence, a request for the grant of legal aid for the appeal proceedings shall be submitted to the Federal Patent Court for a preliminary ruling without delay. Section 67 Boards of Appeal, public nature of the hearing. Upon receipt of the declaration of intervention, the President of the German Patent and Trade Mark Office shall become a party. Section 69 Oral proceedings. Section 70 Decision on the appeal. Section 71 Costs of the appeal proceedings.
If no arrangement is made as to the costs, each party shall bear the costs incurred by the party itself.
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Section 72 Exclusion and objection. If the number of board members ceases to constitute a quorum on account of the member objected to, another Board of Appeal shall take the decision. Section 73 Investigation of the facts, preparation of the oral hearing. In other respects, section 2 , 3 , first sentence, and 4 , first sentence, of the Code of Civil Procedure shall apply mutatis mutandis. Section 74 Taking of evidence. In particular, it may carry out an inspection, hear witnesses, experts and parties, and consult documents.
They may address relevant questions to witnesses and experts. Where a question is challenged, the Federal Patent Court shall decide. In urgent cases, the presiding judge may shorten this period. Section 76 Course of the proceedings. Where a question is challenged, the board shall decide.
The board may decide to reopen the oral proceedings. If, on the order of the presiding judge, no recording clerk is required, a judge shall draw up the minutes. Sections to of the Code of Civil Procedure shall apply mutatis mutandis. Section 78 Assessment of evidence, legal right to be heard. The decision shall state the grounds by which the judges were guided in coming to their conviction. Section 79 Delivery, notification, grounds. This session shall be scheduled not more than three weeks later unless important grounds so require, in particular the extent or the complexity of the case.
Notification of the final decision shall be permissible instead of delivery. If the Federal Patent Court takes its decision without oral proceedings, delivery shall be replaced by notification to the parties. The final decisions shall be notified to the parties ex officio.
Only those judges shall be involved who participated in the decision whose correction has been requested. Section 81 Representation, power of attorney. Section 96 shall remain unaffected. In addition, only the following may be entitled to represent the parties as agents before the Federal Patent Court:. Agents who are not natural persons shall act through their organs and persons appointed to represent them in proceedings. Procedural acts by an agent who is not entitled to represent and notifications or communications to this agent shall be effective until the agent is refused.
The court may, by final order, refuse the agents designated in subsection 2 , second sentence, from further representation if they are unable to properly present the facts and the dispute. It may be subsequently filed. The Federal Patent Court may determine a time limit for this purpose.
The Federal Patent Court shall give due consideration to the deficiencies of the authorisation ex officio unless a lawyer or a patent attorney is acting as agent. Section 82 Application of further provisions, contestability, inspection of files. Section 3 , first sentence, of the Code of Civil Procedure shall not apply.
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The Federal Patent Court shall decide on the request. Chapter 6 Proceedings before the Federal Court of Justice. Section 83 Appeals on points of law allowed and those not needing to be allowed. The appeal on points of law shall have suspensive effect. Section 84 Entitlement to lodge an appeal, grounds for appeal. Sections and of the Code of Civil Procedure shall apply mutatis mutandis. Section 85 Formal prerequisites. The time limit for submission of the grounds is one month. This period shall begin to run upon the filing of the appeal on points of law and may be extended by the presiding judge upon request.
At the request of one of the parties, his patent attorney shall be permitted to speak.
Section 86 Examination of admissibility. The Federal Court of Justice shall examine, ex officio, whether the appeal on points of law per se is an available remedy and whether it has been filed and reasoned in the statutory form and within the statutory time limit. If any of these requirements is not met, the appeal on points of law shall be rejected as inadmissible. Section 87 Several parties. The date on which the appeal on points of law was filed shall be communicated when the notice of appeal is served. The appellant should submit the required number of certified copies together with the notice of appeal or the statement of grounds of appeal.
Section 88 Application of further provisions. Section 91 8 shall apply mutatis mutandis in the case of the re-establishment of rights. Upon request, a party shall be granted legal aid subject to the application, mutatis mutandis, of section of the Patent Act. Section 89 Decision on the appeal on points of law. The decision may be taken without oral proceedings. The Federal Patent Court shall also base its decision on the legal assessment on which the annulment was based.
Section 89a Remedy in case of an infringement of the right to be heard. A notice of defect shall not be an available remedy against a decision given prior to the final decision. Section a 2 to 5 of the Code of Civil Procedure shall apply mutatis mutandis. Section 90 Ruling on costs.
Such a determination may also be made if the party in full or in part withdraws the appeal on points of law, the application for the trade mark, the opposition or the request for cancellation, or if the registration of the trade mark is in full or in part cancelled in the Register because of surrender or because of non-renewal of the duration of protection.
In so far as a determination on the costs is not made, each party shall bear the costs incurred by him himself. If a party has caused costs through gross negligence, they shall be imposed on him.
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Chapter 7 Joint provisions. Section 91 Re-establishment of rights. This shall not apply to the time limit for filing an opposition and for paying the opposition fee section 6 1 , first sentence, of the Patent Costs Act. These facts shall be substantiated when the request is filed or in the proceedings concerning the request. Where this is done, the re-establishment of rights may also be granted without request.
Section 91a Further treatment of the application. The omitted act shall be subsequently carried out within this period. Section 92 Obligation to tell the truth. In proceedings before the German Patent and Trade Mark Office, the Federal Patent Court and the Federal Court of Justice, the parties shall make their statements on facts and circumstances in full and truthfully. Section 93 Official language and court language.
In other respects, the provisions of the Courts Constitution Act on the court language shall apply. Section 93a Compensation of witnesses, remuneration of expert witnesses. Section 94 Service, authorisation to issue statutory instruments. Service on addressees who are staying abroad and who, contrary to the requirement under section 96, have not appointed a representative in Germany may be effected by posting a registered letter.
The same shall apply mutatis mutandis to addressees who themselves are representatives in Germany within the meaning of section 96 2. Section 2 , first and fourth sentences, of the Code of Civil Procedure shall apply mutatis mutandis. Section 5 4 of the Act on Service in Administrative Procedures shall apply mutatis mutandis to service on holders of a certificate of representation section of the Patent Attorney Code [Patentanwaltsordnung].
A record of the deposit shall be added to the files. A note shall be made on the document of the date when it was deposited. Service shall be deemed to have been effected on the third day following deposit in the post box. Electronic documents shall be served by a transmission route which guarantees the authenticity and integrity of the data and which, when using generally accessible networks, ensures the confidentiality of the data to be transmitted by means of an encryption method.
The Federal Ministry of Justice and Consumer Protection shall issue by statutory instrument, not requiring the consent of the Bundesrat, more detailed provisions on the appropriate routes of transmission referred to in the first sentence as well as on the format of and the documentation proving electronic service. Section 95 Judicial assistance. In like manner, a warrant shall be issued for a witness who has failed to appear to be brought before the court.
The decision shall be given by order. Section 95a Electronic conduct of proceedings, authorisation to issue statutory instruments. The provisions of the Code of Civil Procedure on electronic documents, the electronic file and the electronic conduct of proceedings shall apply mutatis mutandis in other respects, unless otherwise provided by this Act. Section 96 Domestic representative. Section 96a Legal protection in case of excessively long court proceedings.
Section 97 Collective marks. The proprietor of collective marks that have been filed or registered can only be associations with legal personality, including the umbrella associations and central associations with legal personality whose members themselves are associations. Legal persons under public law shall be deemed to be equivalent to these associations. Section 99 Eligibility for registration of indications of geographical origin as collective marks.
In derogation from section 8 2 no. Section Restrictions of protection, use. Section Right of action, compensation. Section Regulations governing use of the mark. Section Examination of the application. The application for a collective mark shall also be refused, in addition to cases falling under section 37, if it does not comply with the prerequisites of sections 97, 98 and or if the regulations governing use of the mark are contrary to public policy or to accepted principles of morality, unless the applicant amends the regulations governing use of the mark such that the ground for refusal no longer exists.
Section Amendment of the regulations governing use of the mark. The proceedings shall be in accordance with section Section Invalidity because of absolute grounds for refusal. The registration of a collective mark shall be cancelled on request, in addition to the grounds for invalidity listed in section 50, because of invalidity if it has been registered contrary to section If the ground for invalidity relates to the regulations governing use of the mark, the registration shall not be cancelled if the proprietor of the collective mark amends the regulations governing use of the mark such that the ground for invalidity no longer exists.
Part 5 Protection of trade marks in accordance with the Madrid Agreement and in accordance with the Protocol Relating to the Madrid Agreement, Community trade marks. Chapter 1 Protection of trade marks in accordance with the Madrid Agreement. Section Application of the provisions of this Act; language. Section Application for international registration. Section Entry in the Register. The date and the number of the international registration of a trade mark entered in the Register shall be entered in the Register. Section Subsequent extension of protection.
Section Effect of international registration. Section Examination for absolute grounds for refusal. Section 37 2 shall not apply. Section Subsequent withdrawal of protection. Section Opposition and request for cancellation because of an international registration. Section Exclusion of rights for lack of use. If rights within the meaning of sections 14 and 18 to 19c are asserted because of the infringement of an international registration, section 25 shall apply with the proviso that the date referred to in section 2 shall take the place of the date of registration of the trade mark.
Section Consent to transfers of international registrations. The German Patent and Trade Mark Office shall give to the International Bureau of the World Intellectual Property Organization the consent required in accordance with Article 9bis paragraph 1 of the Madrid Agreement in the case of the transfer of an international registration, regardless of whether the trade mark has been registered for the new proprietor of the international registration in the Register kept by the German Patent and Trade Mark Office.
Chapter 2 Protection of trade marks in accordance with the Protocol Relating to the Madrid Agreement.
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Section Application of the provisions of this Act; languages. The application may also be lodged prior to the registration of the trade mark if the international registration is to be effected based on a trade mark entered in the Register. Section Note in the files, entry in the Register. The first sentence shall also apply if the international registration was effected on the basis of a trade mark for which an application has been made for entry in the Register and the application for registration has been effected.
If the subsequent extension of protection is to be effected on the basis of a trade mark entered in the Register, and if the request is already lodged prior to the registration of the trade mark, it shall be deemed to have been received on the date of registration. Section Application, mutatis mutandis, of the provisions on the effect of international registrations under the Madrid Agreement. Sections to shall apply mutatis mutandis to international registrations whose protection has been extended to the territory of the Federal Republic of Germany in accordance with Article 3ter of the Protocol Relating to the Madrid Agreement with the proviso that the place of the provisions of the Madrid Agreement listed in sections to shall be taken by the corresponding provisions of the Protocol Relating to the Madrid Agreement.
Section Transformation of an international registration. If, however, on the date of the cancellation of the trade mark in the International Register the time limit in accordance with Article 5 paragraph 2 of the Protocol Relating to the Madrid Agreement to refuse protection had already expired, and if no proceedings were pending on this day to refuse protection or for subsequent withdrawal of protection, the trade mark shall be directly entered in the Register in accordance with section 41 1 with no prior examination.
No opposition may be lodged against the registration of a trade mark in accordance with the second sentence. Chapter 3 Community trade marks. Section b Application of the provisions of this Act. The provisions of this Act shall apply to trade marks which have been filed or registered in accordance with the Regulation on the Community trade mark in the following cases:.
For the application of section 9 relative grounds for refusal , earlier Community trade marks filed or registered shall be deemed equivalent to the earlier trade marks filed or registered in accordance with this Act, but with the proviso that having a reputation in Germany in accordance with section 9 1 no. In addition to the rights in accordance with Articles 9 to 11 of the Regulation on the Community trade mark, the proprietor of a registered Community trade mark shall be entitled to the same rights to compensation section 14 6 and 7 , destruction and recall section 18 , information section 19 , production and inspection section 19a , securing of compensation claims section 19b and publication of judgments section 19c as the proprietor of a trade mark registered in accordance with this Act.
If rights from a registered Community trade mark are asserted against the use of a later trade mark registered in accordance with this Act, section 21 1 forfeiting shall apply mutatis mutandis. If an opposition to the registration of a trade mark section 42 is based on an earlier registered Community trade mark, section 43 1 making a plausible case for use shall apply mutatis mutandis with the proviso that the use of the earlier Community trade mark in accordance with Article 15 of the Regulation on the Community trade mark shall take the place of the use of the earlier trade mark in accordance with section If a request to cancel the registration of a trade mark section 51 1 is based on an earlier registered Community trade mark,.
Requests for seizure on import and export may be lodged by proprietors of registered Community trade marks in the same manner as by proprietors of trade marks registered in accordance with this Act. Sections to shall apply mutatis mutandis. Section d Conversion of Community trade marks. If the seniority of a trade mark which has been entered in the Register of the German Patent and Trade Mark Office had been claimed for the application for the Community trade mark in accordance with Article 34 of the Regulation on the Community trade mark, this seniority shall take the place of the date that is relevant in accordance with the first sentence.
No opposition may be lodged against the registration. Section e Community trade mark courts, Community trade mark disputes. The Land governments may delegate this authorisation to the Land departments of justice by statutory instrument. Section f Communication to the European Commission. The Federal Ministry of Justice and Consumer Protection shall communicate to the Commission of the European Communities the Community trade mark courts of first and second instance as well as any change in the number, name or territorial jurisdiction of the Community trade mark courts of first and second instance.
Section g Territorial jurisdiction of the Community trade mark courts. Where, in accordance with Article 93 of the Regulation on the Community trade mark, German Community trade mark courts have international jurisdiction, those provisions shall apply mutatis mutandis to the territorial jurisdiction of these courts which would be applicable if the application was an application for a trade mark filed with the German Patent and Trade Mark Office or the trade mark was a trade mark registered in the Register of the German Patent and Trade Mark Office.
Where jurisdiction is not established on this basis, then the court shall have territorial jurisdiction with which the claimant has his general venue. Section h Insolvency proceedings. Section i Order for enforcement. The Federal Patent Court shall have jurisdiction to issue the order for enforcement in accordance with Article 82 paragraph 2, second sentence, of the Regulation on the Community trade mark.
Part 6 Indications of geographical origin. Chapter 1 Protection of indications of geographical origin. Section Names, indications or signs protected as indications of geographical origin. Designations shall be regarded as generic names which contain an indication of the geographical origin within the meaning of subsection 1 or are derived from such an indication, but which have lost their original significance and serve as the name of goods or services or as designations or indications of the nature, quality, variety or other properties or characteristics of goods or services.
Section Scope of protection. Section Rights because of infringement. The right may also be asserted in the event of the risk of an infringement. Sections 18, 19, 19a and 19c shall apply mutatis mutandis. In assessing the compensation, consideration may also be given to the profit which the infringer has obtained by infringing the right. Section 19b shall apply mutatis mutandis.
Rights in accordance with section shall lapse in accordance with section An opposition may be lodged with the German Patent and Trade Mark Office against the application within two months of publication by any person with a legitimate interest who is based or resides in the territory of the Federal Republic of Germany.
Otherwise, the application shall be refused by decision. Should there be major alterations to the indications published in accordance with subsection 4 , these shall be published together with the granting decision. The decision in accordance with the first sentence and in accordance with the second sentence shall be served on the applicant and on those who lodged oppositions by the time limit.
Further, the German Patent and Trade Mark Office shall publish the version of the specification to which the positive decision refers. The Federal Ministry of Justice and Consumer Protection shall transmit the application to the European Commission with the necessary documents. Section Intergovernmental opposition procedure. There shall be no re-establishment of rights of the opposition time limit or of the time limit for payment of the opposition fee.
Section Request for a change to the specification, cancellation proceedings. Section Appellate remedies.
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The appeal to the Federal Patent Court and the appeal on points of law to the Federal Court of Justice shall be available against decisions taken by the German Patent and Trade Mark Office in accordance with the provisions contained in this Chapter. Those persons who have lodged an opposition against the application in due time or whose legitimate interest is affected by the granting decision on the basis of the altered indications published in accordance with section 5 , fourth sentence, shall be entitled to lodge an appeal against a decision in accordance with section 5 , first sentence.
In other respects, the provisions of this Act on the appeal proceedings before the Federal Patent Court sections 66 to 82 and on proceedings on the appeal on points of law before the Federal Court of Justice sections 83 to 90 shall apply mutatis mutandis. These powers shall also cover agricultural products or foodstuffs which are put on the market in public places, in particular in markets, places and streets or by peddling.
The elements subject to a fee shall be determined by Land law. The rights in accordance with section shall lapse in accordance with section Chapter 3 Authorisation to issue statutory instruments. Section More detailed provisions on the protection of individual indications of geographical origin. The previous fair practices, habits and customs in the use of the indication of geographical origin shall be taken into consideration when preparing regulations.
In particular, provisions relating to. Statutory instruments in accordance with the first sentence may also be issued if the Member States are authorised in accordance with the provisions of Community law listed therein to issue supplementary provisions. The Land governments may also regulate the prerequisites and the procedure for the approval of private inspection agencies by statutory instrument.
They shall be authorised to assign the authorisation in accordance with the first and second sentences by statutory instrument to other authorities in whole or in part. Part 7 Sign litigation proceedings. Section Sign litigation. The Land governments may delegate this authorisation to the Land departments of justice. Claims in respect of legal relationships which are regulated under this Act and which are also based on the provisions of the Act Against Unfair Competition shall not require to be asserted at the court venue referred to in section 14 of the Act Against Unfair Competition.
Section Reduction of the value in dispute. In so far as the costs of the proceedings are imposed on such party or the latter assumes these costs, the party shall reimburse the court costs paid by the opposing party and the fees of his lawyer only in relation to the part of the value in dispute. It shall be made before the court hearing on the merits.