Problems relating to Trade and Investment on Germany
17. Implementation of intellectual property rights ("IPRs") |
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Issue |
Issue details |
Requests |
Reference |
| (1) Copyright Compensation Levy, Retroactive Levy | - While remuneration for private copying should not be collected retroactively, the society for administration of remuneration insists on retroactive collection, jeopardising the legal stability on copyright issues. - The Amended Copyright Act (ACA) provides that Compensation Administration Body (CAB) and industrial association decide the Compensation Amount for Private Copying (CAPC) by Comprehensive Agreement. However, due to the differences by each party in the interpretation of the bases over numerous rate issues, the cases are now under dispute or litigation. Moreover, the dispute settlement system is inefficient and its disposition is slow. Confusions have arisen. CAB has published the tariff schedules in the irrationally high amounts for CAPC compensation, and that without first completing the factual investigation, etc. - Consumers are compelled to absorb the increased burden of so called "Copy Levy", which is levied in each country on the main unit of the multi-function peripheral equipment (MFP) and the single-function peripheral equipment (SFP), creating the gaps in ultimate price among the same EU Euro territories. - It appears there are moves for requiring advance deposit upon manufacturers/importers. - Lawmaking project is underway that compels manufacturers/importers to deposit that covers the copy tax levy. |
- It is requested that GOG makes it clear that remuneration for private copying will not be collected retroactively, except the case where comprehensive agreement is reached between remuneration administration association and industrial association. - It is requested that GOG takes step to: -- amend the act concerning the procedures for settlement of disputes, and -- stipulates the calculation formula for the optimum amount of the tariff rates. - It is requested that GOG cuts down the levy rate and ultimately reduces the Copy Levy. - It is requested that German patent and trade mark office (DPMA) takes step to curb the lawmaking project on the advance deposit scheme. - It is requested that DPMA takes step to put a stop to the lawmaking project on the advance deposit scheme. |
- Implementing Regulation of Copyright Article 13 and Article 13a. - Copy Levy - It is said that Draft SAR will will be released in February 2015. |
| (2) Insufficient Patent Examination Scheme | - Patent examination standard is ambiguous. Especially, inventive criteria is said to be ambiguous, compared to the European Patent Office (EPO). - While Patent Prosecution Highway Programme has been introduced between Japan and Germany, there is no clear-cut early examination scheme in the German domestic patent system. Especially, compared to EPO, DPMA tends to take more time for examination of the domestic patent application. Therefore, early examination scheme that assures acquisition of the needed right at the needed time is all the more necessary. |
- It is requested that German patent and trade mark office (DPMA) takes steps to clarify the examination standard. - It is requested that DPMA takes steps to stipulate in the domestic law a clear-cut early examination scheme. |
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| (3) Restrictions on Use of Languages | - It is possible to secure the filing date on a patent application filed in a language (English) other than German. However, submission of German translation is necessary within 15-months from the priority date. In addition, if a German patent application is filed under the Patent Cooperation Treaty (PCT), there is no opportunity to submit the patent specification in English to DPMA, leaving the applicant in the dark for possible mistranslations. | - It is requested that DPMA takes steps to: -- accept extension of the submission deadline for the German translation, after filing patent application in English, and -- accept use of English for the patent application filed under PCT. |
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