(1) Service providers may use a recognised external complaints body to fulfil their obligations under section 14.
(2) The decision on the recognition of an external complaints body is taken by the Federal Office of Justice in agreement with the German Patent and Trade Mark Office. The decision may include additional stipulations. Any time limit set is, as a rule, not to be less than five years.
(3) An external complaints body is to be recognised if
1. the independence and expertise of its assessors is guaranteed,
2. adequate resources and expeditious assessments within seven days are ensured,
3. rules of procedure are in place which
a) regulate the scope and conduct of the assessment,
b) regulate the affiliated service providers’ obligations to submit documents and
c) allow for the option of decisions being reviewed on application by the rightholder and on application by the user,
4. it is operated by several service providers or institutions which ensure it has adequate resources and
5. it is open to other service providers or institutions joining.
(4) The recognised external complaints body is required to immediately inform the Federal Office of Justice if there are any changes to the circumstances which are relevant to its recognition or any changes to other information which was provided in the application for recognition. Where conditions for recognition are subsequently no longer met, recognition may be revoked in whole or in part or additional stipulations made.
(5) The recognised external complaints body is required, by 31 July of each year, to publish on its website an activity report on the previous calendar year and to forward it to the Federal Office of Justice.