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Part 3 · Proceedings in the course of trade mark matters  ›  Chapter 7 · Joint provisions › Section 95a

Electronic conduct of proceedings, authorisation to issue statutory instruments

(1) In so far as the written form is required in proceedings before the German Patent and Trade Mark Office in respect of applications, requests or other acts, the provisions contained in section 130a (1), (2) sentence 1, (5), and (6) of the Code of Civil Procedure shall apply accordingly.

(2) The case files of the Federal Patent Court and of the Federal Court of Justice may be kept in electronic form. The provisions of the Code of Civil Procedure on electronic documents, the electronic file and the electronic conduct of proceedings shall apply accordingly in other respects, unless otherwise provided by this Act.

(3) The Federal Ministry of Justice and Consumer Protection shall, by statutory instrument not requiring the consent of the Bundesrat, determine

1.  the date from when electronic documents may be submitted to the German Patent and Trade Mark Office and the courts, the appropriate form for processing the documents, whether an electronic signature shall be used and the form of such signature;

2.  the date from when the case files may be kept in electronic form in accordance with subsection (2), as well as the applicable general organisational and technical conditions for the creation, keeping and storage of the electronic case files.

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