(1) If several persons are involved in the proceedings, the German Patent and Trade Mark Office may determine in the decision that the costs of the proceedings, including the expenses of the German Patent and Trade Mark Office and the costs incurred by the parties, in so far as they were necessary for the appropriate defence of the claims and rights, be imposed on one of the parties in full or in part if this is equitable. This may also be determined if the party withdraws the special motion (Erinnerung), the application for the trade mark, the opposition or the application for revocation or a declaration of invalidity in full or in part or if the registration of the trade mark is cancelled in full or in part in the Register because of surrender or because of non-renewal of the duration of protection. In so far as no determination is made as to the costs, each of the parties shall bear the costs incurred by him himself.
(2) Where a decision is taken pursuant to subsection (1), the German Patent and Trade Mark Office shall fix the value of the claim; section 23 (3) sentence 2, and section 33 (1) of the Act on the Remuneration of Lawyers (Rechtsanwaltsvergütungsgesetz) shall apply accordingly. The decision on the value of the claim may be combined with the decision referred to in subsection (1).
(3) The German Patent and Trade Mark Office may order that the fee in accordance with the Patent Costs Act for the accelerated examination, for the opposition, revocation or invalidity proceedings shall be reimbursed in full or in part if this is equitable.
(4) The amount of the costs to be reimbursed shall be determined upon request by the German Patent and Trade Mark Office. The provisions of the Code of Civil Procedure concerning the procedure for the assessment of costs (sections 103 to 107) and compulsory enforcement based on orders assessing the costs (sections 724 to 802) shall apply accordingly. The appeal from the order assessing the costs shall be available instead of the appellate remedy provided for by the Code of Civil Procedure (Erinnerung). Section 66 shall apply with the proviso that the appeal shall be lodged within two weeks. The enforceable execution copy shall be issued by the registry clerk at the registry of the Federal Patent Court.