Xa civil senate of the Federal Court of Justice

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The Xa civil senate was a tribunal (auxiliary senate) temporarily set up by a decision of the Presidium of the Federal Court of Justice on December 17, 2008 to relieve the X. civil senate . It existed from January 1, 2009 until the end of 2010 and was one of thirteen senates in the field of civil law at that time .

occupation

Jurisdiction

According to the court's business distribution plan , the Xa civil senate was responsible for the areas of patent, utility model and topography protection law together with contracts relating to this (no. 1), contracts for the use of a secret procedure (so-called know-how ) (no. 2) - each only even incoming numbers -, the legal disputes from the Plant Variety Protection Act, insofar as they are not assigned to the 1st Civil Senate (the latter concerns the variety denomination) (No. 3), the patent nullity and compulsory licensing matters (No. 4), the legal complaints against decisions of the Federal Patent Court in the above-mentioned matters (No. 5), - for 4. and 5. only even incoming numbers -, the determination of the competent court according to § 36 ZPO (since 1998 essentially transferred to the higher regional courts; No. 6), the legal disputes about travel - and passenger transport contracts (No. 7, the only matter which generally attracted wider public interest), and finally the litigation over Donations (No. 8th).

history

The Senate, which is not intended to be a permanent institution, emerged at the beginning of 2009 from the division of the Xth Civil Senate , whose load limit was reached through a backlog of labor-intensive patent invalidation proceedings. The division between the X. Senate and the Xa Senate was essentially carried out by dividing the matters of industrial property protection, of which the Xa Senate received the plant variety protection matters, insofar as they were previously assigned to the X. Senate, while the X. Senate, on the other hand, especially the employee invention matters. The Senate was dissolved at the end of 2010 and its responsibilities were transferred back to the X. Civil Senate, to which the members of the previous Xa Civil Senate were also assigned.

Chair and members

The chairmanship of the Xa Senate was held by Peter Meier-Beck until September 6, 2010 and Alfred Keukenschrijver for the rest of 2010 .

The judges at the BGH Elisabeth Mühlens , Klaus Bacher , Fabian Hoffmann and Gabriele Schuster also belonged to the Senate as judges . Judge Claus Asendorf , who retired at the end of 2009, had only been a member of the 10th Civil Senate since April 1, 2009, and Judge Nikolaus Berger since January 1, 2010. Judge Wilhelm-Albrecht Achilles was a member of the Senate from January 1, 2009 to June 30, 2009.

particularities

In the patent nullity and compulsory licensing cases, the Xa Senate, like the X Civil Senate - quite unusual for the Federal Court of Justice - was the authority of fact .

Scientific staff

Two research assistants were assigned to the Senate.

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