WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
0RGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights TP/N/1/AUT/P/7 
25May 1999 
(99-2087) 
Original: English/ 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
AUSTRIA 
The present document reproduces the text1 of the Federal Law modifying the 1970 Patent Act, the Act 
Introducing Patent Treaties and the Utility Models Act, BGBl N° 175/1998, as notified by Austria under Article 
63 .2 of the Agreement, by means of a communication, dated 4 March 1999. 
The text of the laws modified by the law reproduced below can be found in documents 
IP/N/1/AUT/P/l, IP/N/1/AUT/P/2 and IP/N/1/AUT/P/4. Earlier amendments to these laws can be found in 
document IP/N/1/ AUT/P/6. 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFIEES 
AU TITRE DEL' ARTICLE 63:2 DEL' ACCORD 
AUTRICHE 
Le present document contient le texte1 de la Loi federale portant modification de la Loi sur les brevets 
de 1970, de la Loi concemant les traites en matiere de brevets et de la Loi sur les modeles d'utilite, BGB 1 
n° 175/1998, notifiee par l'Autriche au titre de l'article 63:2 de l'Accord par une communication datee du
4 mars 1999. 
Le texte des lois modifiees par la loi reproduite ci-dessous figure dans les documents IP/N/l/AUT/P/1, 
IP� 'l.'AUT/P/2 et IP/N/l/AUT/P/4. Des modifications anterieures de ces lois sont contenues dans le document 
IPYI 'AUT/P/6. 
Consejo de los Aspectos de los Derecbos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL P.ARRAFO 2 
DEL ARTiCULO 63 DEL ACUERDO 
AUSTRIA 
En el presente documento se reproduce el texto1 de la Ley Federal por la que se modifican la Ley de 
Patentes de 1970, la Ley de Incorporaci6n de los Tratados sobre Patentes y la Ley de Modelos de Utilidad, 
BGBl N° 175/1998, notificada por Austria en virtud de lo dispuesto en el parrafo 2 del articulo 63 del Acuerdo, 
mediante una comunicaci6n de fecha 4 de marzo de 1999. 
Los textos de las !eyes moditicadas por la Ley que se reproduce a continuaci6n figuran en los 
documentos IP/N/l/AUT/P/1, IP/N/1/AUT/P/2 e IP/N/l/AUT/P/4. Las modificaciones anteriores de esas leyes 
figuran en el documento IP/N/l/AUT/P/6. 
1 In English only./ En anglais seulement./En ingles solamente.IP/N/1/ AUT/P/7 
Page2 
GOVERNMENT BILL 
Federal Law modifying the 1970 Patents Act, the Act 
Introducing Patent Treaties and the Utility Models Act 
The National Council decided: 
Article I 
The 1970 Patents Act, Federal Law Gazette No 259, in the 
latest vers ion as published in Federal Law Gazette 
No 181/1996, shall be amended as follows: 
1.Section 3, Subsection 2 shall read:
"(2) As state of art shall also be considered the contents of 
earlier priority date 
1.patent applications on the basis of this Federal Law,
2.utility model applications on the basis of the Utility
Models Act, Federal Law Gazette No 211/1994,
3.interna tional applications in the meaning of section 1, Z 6
of the Act Introducing Patent Treaties, Federal Law Gazette
No 52/1979, provided the conditions as set out in section
16, subsection 2 of the Act Introducing Patent Treaties are
fulfilled, and
4.European patent applications in the meaning of section 1,
Z 4 of the Act Introducing Patent Treaties, prov ided the
conditions of article 79, subsection 2 of the European
Patent Convention, Federal Law Gazette No 350/1979, or,
where the European patent application was filed on the
basis of an international application, the conditions of
article 158, subsection 2 of the European Patent Convention
are fulfil led,
in the vers ion as originally filed whose contents were not 
officially published before the priority date of the later 
application or thereafter. When assessing the question whether 
the invention is not obvious to the person skilled in the art 
from the prior art, such applications of an earlier priority 
date are not taken into consideration. 
2.Section 36,· subs ection 4 shall read:
If the person entitled to grant a license in accordance with 
subsections 1 to 3 refuses to do so although the applicant for 
the license has made efforts to obtain within a reasonable 
period of time on reasonable, commercial terms and conditions, 
the Patent Office shall at the request of the applicant for 
the license decide the matter under the procedure relating to 
the contesting of patents. If a license is granted, an IP/N/1/AUT/P/7 
Page3 
adequate remuneration shall be fixed, taking into account the 
economic value of the license. The securtiy which may be 
required and any other terms governing use shall be fixed 
having regard to .the nature of the invention and the 
circumstances of the case. The scope and duration of the 
license in accordance with subsections 1 to 3 shall be 
authorised predominantly for the supply of the domestic market 
and shall be limited to the purpose requiring the license. In 
the case of semicondu ctor technology the license shall only be 
granted for public noncommercial use or to remedy a practice 
determined after judicial or adminis trative process to be 
anti-competitive ." 
3.Section 58, subsection 2 shall read:
"(2) The Patent Office shall consist of the President, his 
deputies (Vicepresidents) and the required number of legally 
qualified and technically qualified members just as other 
emplo yees for the fulfilment of his tasks." 
4.Section 58a shall read:
"Section 58.a(l) The Patent Office shall be a legal 
personality (partial legal capacity) insofar as it is entitled 
to acquire property and rights in the field of the protection 
of industrial property by the following customer and 
information services: 
1.written information an information by elect ronic data
carriers and media on data referring to filed and
registered industrial property rights,
2.stati stical evaluations of data in the field the protection
of industrial property,
3.assis tance with search on the state of art and the
preparation of expert opinions on the patent ability of
inventions for count ries or interna tional governme ntal or
nongovernmental organisations engaged in tasks in the field
of the protection in industrial property, in particular
mediation, distribution, preparation, and execution,
4.assis tance with search concerning property rights, in
particular mediation, distribution, preparation, and
execu tion,
5.written information and information by electronic data
carriers and media within the scope of procedures for the
filing of trade marks, or on the basis of special petitions
as to whether a spec ific sign corresponds to, or possibly
resembles filed or regis tered trade marks ("similarity
search"),
6.translation of lists of goods and services for the
inter national registration of trade marks,
7.class ification of figu�ative elements of trade marks for
national or international governmental or nongovernmentalIP/N/1/ AUT/P/7 
Page4 
organisations, engaged in tasks in the field of the 
protection of industrial property, 
8.distribution of information and information services of
national or internat ional governmental or nongovernmental
organisations engaged in tasks in the field of the
protection of indust rial property,
9.production, publication, distribution, and mediation of
printed matter, software and pre-recorded audio, video and
data carriers as well as,
10.exhibitions, seminars, and similar events.
(2) The President of the Patent Office shall designate by
decree, the customer and information services to be rendered
by the Patent Office in accordance with subse ction 1 within
the scope of its partial legal capacity. On this occasion care
shall be taken of the suitability of the indi vidual customer
and informa tion service for being rendered within the scope of
the partial legal capacity, and of avoi ding any violation of
interests of concealmen t worth of protection.
(3) Within the scope of its partial legal capacity the Patent
Office shall also be entitled to:
1.to assign activities pursuant to subsection 2, accounting
and the administrati on of property, personnel and inventory
administration within the scope of partial legal capacity
as well as auxiliary activities within the scope of the
administration of the Patent Office to third parties, in
particular also to federal administrative agencies, against
reimbursement of expenses out of the property of the
par�ial legal capacity,
:: e�ter into legal transactions in connecti on with the
�::�vities pursuant to Z 1, and
:� become, with the consent of the Federal Minister of
Economic Affairs, a member of associations, other legal
persons or intergov ernmental organisations if this is in
the interest of promoting the protection of indu strial
property.
(4) The Patent Office shall be entitled to make use of the
property and the rights it has acquired within the scope of
its partial legal capacity to perform its duties. The Federal
Republic shall not be liable for any obligations incurred as a
result of the activity of the Patent Office within the scope
of its partial legal capac ity."
5.Section 60, subse ction 3, lit.d of the Patents Act shall
read:
"d)the President's Division shall be responsible for matters 
reserved to the President and all matters not falling within 
the competence of another division.n 6.Section 61, subsection 6 shall read:IP/N/1/AUT/P/7 
Page 5
"(6) The elocation of activities in the Technical Divisions 
and the Legal Divisions shall be determined by the head of the 
respective division.n 
7.Section 62, subsect ion 4, 23 shall be cancelled; 24
to 6 shall be designated "23 to sn.
8.Section 62, subsect ion 4, 23 shall read:
"3. where a decision is to be taken on priority rights 
(section 93 to 95) the legal conditions of such claims being 
in doubt or contested.u
9.Section 64, subsection 3 to 5 shall read:
"(3) Approval for a notice shall require the signature of the 
person approving. This provision may be dispensed with if the 
approving person can otherwise be established beyond doubt. 
(4) All papers issued by the Patent Office shall be issued in 
the name of the "Austrian Patent Officen, with the addition of
the Division or administrative office, the libr ary or
accounting departmen�; in matters reserved to the President
the words "the Presidentu should be included. Written
communications shall be dated and signed. Coll ective decisions
shall be signed by the chairman. The signature may be replaced
by an official certification to the effect that the copy
delivered is a true copy of the document in question and that
the original contains the signature required. Further
particulars shall be settled by order.
(5) For written copies produced automation-assisted the
addition of the name of the person approving shall be
sufficient; no attestation by the office shall be required.u
Section 70, subsection 5 shall read: 
"(5) Similarly, no separate appeal shall lie against interim 
decisions of the Nullity Division but an amendment of the 
rapporteur's preparatory acts (subsection 4) may be applied 
for in all three Divisions and an amendment of interim 
decisions of the Appeal or the Nullity Division may be applied 
for in the Division concer ned.n
11. Section 81, subsection 4 shall read:
"(4)Files relating to expert opinions in acco rdance with 
section 57a shall be open to inspection by third parties only 
with the consent of the requesting party. The consent shall 
not be required for any person against whom the requesting 
party has referred to the expert opinion.n IP/N/1/AUT/P/7 
Page6 
12. The following sections 93a and 93b shall be inserted after
section 93:
"Section 93a. The applicant shall have the right of priority 
of a previous patent or utility model application for a period 
of twelve months following the date of filing a previous 
patent or utility model application with the Patent Office, if 
the subsequent patent application refers to the same invention 
(internal priority). The conditions and effects of this right 
of priority shall correspond to those listed in article 4 of 
the Paris Convention for the Protection of Industrial 
Property, Federal Law Gazette No 399/1973. 
Section 93b. The applicant shall have the right of priority of 
a previous patent or utility model application for a period of 
twelve months following the date of filing a previous patent 
or utility model application, filed with an application office 
not covered by the scope of an intergovernmental agreement on 
recognition of priority, if the subsequent patent application 
refe rs to the same invention and if a respective mutuality 
with this application office is declared by a notice to be 
published by the Federal Minister for Economic Affair in the 
Federal Law Gazette. The conditions and effects of this right 
of priority shall correspond to those listed in article 4 of 
the Paris Convention for the Protection of Industrial 
Property, Federal Law Gazette No 399/1973.n 
13. Section 94, subsection 1 shall read:
"(1) Separate priorities for separate parts of the subject of 
the application (partial priorities) may be clai med only on 
the basis of sections 93a or 93b or intergovernmental 
agreements. Such partial prio rities shall also be admitted 
where the date of arrival of the application at the Patent 
Office is decisive for the priority of a feature of the 
application." 
14. Section 95, subsection 1 shall read:
"(1) The rights of priority granted on the basis of sections 
93a or 93b or interg overnmen tal agreements must be expressly 
claimed. The date and the country of the applic ation the 
prio rity of which is claimed, shall be indicated (declaration 
of priority), as well as the serial number of the application. 
15. Section 110 including the heading shall be cancelled.
16. Section 166, subsection 1 shall read:
"An applicati on fee of ATS 700 shall be payable for a patent 
application." IP/N/1/AUT/P/7 
Page7 
17. The following sections 172b and 172c shall be inserted
after the heading of part VI:
"Section 172b. In as far as this Federal Act refers to 
provisions of other federal laws, the latter shall be 
applicable in the currently valid versions unless otherwise 
indicated. 
Section 172c. The form chosen in this Federpl Act for all 
designations referring to persons shall to both sexes." 
18. Section 173, Z 2 shall read:
"2. in the case of section 49, subsection 4, sections 147 to 
156, 158 to 162 and 165 the Federal Minister of Justice." 
19. Section 174 shall be supplemented by the following
subsections 6 to 7:
"(6) Section 3, subsection 2, section 58, subsection 2, 
sections 58a and 60, subsec tion 3, lit.d, section 61, 
subsection 6, section 62, subsection 4, Z 3 to 5, section 64, 
subsection 3 to 5, section 70, subsection 5, section 81, 
subsection 4, sections 93a, 93b and 94, subsection 1, 
section 95, subsection 1, section 166, subsection 2, 
sections 172b and 172c, and section 173 Z 2 in the version of 
the Federal Act, Federal Law Gazette I, No 175/1998 shall 
enter into force as of the beginning of the second month 
following the promulgation of the Federal Act, Federal Law 
Gazette I No 175/1998. Simultaneously, section 62, subsection 
4, Z 3 in the version valid until now and section 110 
including the heading shall cease to be in force. 
(7) Section 36, subsection 4 in the version of the Federal
Act, Federal Law Gazette I, No 175/1 998 shall become effective
on January 1, 1996.
Article II 
The Act Introducing Patent Treaties, Federal Law Gazette 
No 52/1979, in its latest modification as publis hed in Federal 
Law Gazette No 181/1996, shall be modified as follows: 
1.The fullstop in Section 1, Z 7 shall be replac ed by a
comma. The following Z 8 shall be added:
"8. "GMG", the Utility Models Act, Federal Law Gazette 
No 211/1994." 
2.Section 3 including the heading shall read:IP/N/1/AUT/P/7 
Page 8 
"Information of the Public 
Section 3(1) European patent applications publ ished under 
article 93 EPC shall be iaid open for public inspection by the 
Austrian Patent Office together with the translations filed 
for that purpose (section 4, subsection 2) until such time as 
a European patent is granted or the European patent 
application is rejected or with drawn. Section 101, 
subsection 3 of the Patents Act shall apply accordingly. 
(2) The European Patent Gazette, the published European patent
applications and the European patent specifications shall be
laid open for public inspection at the Austrian Patent Office.
(3) Registers shall be kept of published European patent
applications and European patents which shall provide the
public with rapid and reliable information in regard to the
protective rights concerned.
3.Section 9 including the heading shall read:
"Conversion 
Section 9. (1) At the request of the applicant for a European 
patent application the Austrian Patent Office shall initiate 
the procedures for the granting of a patent or for the 
registering of a utility model, if the European patent 
application is deemed to be withdrawn under article 77, 
subsection 5 of the EPC (Conversion request). 
(2) Where the request for conversion has been forwarded to the
Austrian Patent Office or has been filed at the Austrian
Patent Office, if it was to be filed there, the applicant
shall be requested to
1.pay the application fee (section 166, subs ection 1 of the
Patents Act; section 46, subsection 1 of the Utility Models
Act, and
2.submit a translation into German of the European patent
application if the application had not been filed in
German, i.e. of the originally filed version and, where
applicable, a modified versio n, which the applicant wishes
to have the granting procedure before the Austrian Patent
Office to be based on,
within an extendable period of two months. 
(3) If the request in accordance with subsection 2 is not met
within the foreseen period, the application shall be
considered withdrawn.
(4) For patent and utility model applications converted in the
manner prescr ipt the filing date of the Europ ean patent
application shall be regarded as the filing date of theIP/N/1/AUT/P/7 
Page9 
application (section 87, subsection 2 of the Patents Act; 
section 13, subsection 1 of the Utility Models Act). Priority 
rights claimed for the European patent application shall 
remain in force for converted patent and utility model 
applications. In all other matters the provisions of the 
Patents Act and the Utility Models Act shall apply to 
converted patent and utility model applications." 
Section 10, subsection 1 shall read: 
"(l) European Patents may be revoked on the grounds specified 
in article 138, subsection 1, lit.a to d of the EPC, in 
section 48, subsection 1, Z 1 of the Patents Act in 
combination with section 3, subsection 2 of the Patents Act, 
and in section 48, subsection 1, Z 3 of the Patents Act and 
may be forf eited on the ground specified in article 138, 
subsection 1, lit.e of the EPC." 
5.Section 10, subsection 3 shall be cancelled.
6.Section 15, subsect ion 2 shall read:
"(2) For every application under subsection la transmission 
fee of the same amount as the application fee (section 166, 
subsection 1 of the Patents Act) shall be paid. Payment of the 
fee shall be duly proved (section 169 of the Patents Act)." 
7.The foll owing sections 24a and 24b shall be inserted after
the head ing "Repeal and Transitional Provisions":
"24a. In as far as this Federal Law refers to provisions of 
other federal laws, the latter shall be applicable in the 
currently valid versions, unless otherwise indicated. 
Section 24b. The form chosen in the federal law for all 
designations referring to persons shall apply to both sexes ." 
8.Section 25 shall be supplemented by the foll owing
subsections 4 and 5:
"(4) Section 1, Z 7 and 8, section 3, including the heading, 
section 9 including the heading , section 10, subsection 1, 
sections 24a and 24b, and section 26, subsection 5 in the 
version of the Federal Act, Federal Law Gazette I, No 175/1998 
shall enter into force as of the beginning of the second 
month follo wing the promulgation of the Federal Act, Federal 
Law Gazette I, No 175/1998. Simultaneously, section 10, 
subsection 3, shall cease to be in force. 
(5) Section 15, subsection 2, in the version of the Federal
Act, Federal Law Gazette I, No 175/1998 shall become effective
on July 1, 1998."IP/N/1/AUT/P/7 
Page 10 
9.Section 26 shall be supplemented by the following
subsection 5:
"(5) Section 10, subsection 1 and 3 in the wording valid 
before the entry into force of the Federal Act Federal Law 
Gazette I, No 175/1998, shall continue to be applicable to 
European patents with a date of applic ation before January 1, 
1994." 
Article III 
The Federal Act on the Protection of Utility Models (Utility 
Models Act), Federal Law Gazette No 211/1994, shall be 
modified as follows: 
1.Section 3 shall read:
"Section 3. (1) An invention shall be considered to be novel if 
it does not form part of the state of art. The state of art 
shall be held to comprise everything made avai lable to the 
public by means of a written or oral description, by use or in 
any other way, before the priority date of the application. 
(2) As state of art shall also be considered the contents of
earlier priority date
1.utility model applications on the basis of this Federal
Law,
2.patent applicat ions on the basis of the 1970 Patents Act,
Federal Law Gazette No 259,
3.internat ional applications in the meaning of section 1, Z 6
of the Act Intr oducing Patent Treaties, Federal Law Gazette
No 52/1979, provided the conditions as set out in section
16, subsection 2 of the Act Introducing Patent Treaties are
fulfilled, and
4.European patent applications in the meaning of section 1,
Z 4 of the Act Introducing Patent Treaties, provided the
conditions of article 79, subs ection 2 of the European
Patent Conven tion, Federal Law Gazette No 350/1979, or,
where the European patent application was filed on the
basis of an interna tional application, the conditions of
article 158., subsection 2 of the European Patent Convention
are fulfilled,
in the version as originally filed whose contents were not 
officially publ ished before the priority date of the later 
application or there after. When assessing the question whether 
the invention is not obvious to the person skilled in the art 
from the prior art, s�ch applications of an earlier prio rity 
date are not taken into consi deration. IP/N/1/AUT/P/7 
Page 11 
(3) The paten tability of substances or compositions that are
comprised in the state of art, shall not be excluded by
subsection 1, if intended for use in a method referred to in
section 2, Z 2, or in such a method for animals, and unless
their use in any of these methods is part of the state of art.
(4) For the application of subsection 1 a disclosure of the
invention shall not be taken into consideration if it occurred
not earlier than six months prior to the filing date of the
application and if it was directly or indirectly due to:
1.the applicant or his legal predecessqr, or
2.an evident abuse to the prejudice of the applicant or
his legal predecessor."
2.Section 4, subsection 3 and 5 shall lapse; the previous
subsection 4 shall be designated "(3)".
3.The following section 15a including the heading shall be
inserted after section 15:
"Branching off 
Section 15a. (1) The applicant or holder of a patent filed or 
granted with effect for the Republic of Austria shall be 
entitled, during the entire period of the application 
procedure and until expiry of a deadline of 
1.two months after the patent application is considered
withdrawn, or
2.two months after the entering into effect of the decision
of refusal of the patent application, or
3.two months after the patent is considered as granted in
accordance with section 107 of the 1970 Patents Act, or
4.eleven months after the entry into effect of the decision
on the granting of the European patent in the absence of
any objection, or
5.two months upon legal validity of the decis ion on an
opposition raised in due time,
to file a utility.model application and claim on the 
application date of the patent application as application date 
of the utility model application (branching off declaration). 
Priority rights claimed for the patent applica tion shall be 
preserved for the utility model application. 
(2) The branching off declaration shall be submitted within
two months upon receipt of the utility model application at
the Patent Office. The date of application and the reference
of the patent application shall be indicated, and a copy of
the patent application in the version originally filed and, if
the patent application was not filed in German, a translation
into German submitted.IP/N/1/AUT/P/7 
Page 12 
(3) The applicant shall be granted an extendable period of two
months for remedying deficiencies. If the defi ciencies have
not been remedied within the period stated the branching off
declaration shall be regarded as withdrawn."
4.Section 16, subsection 2 shall read:
"(2) Separate priority for separate parts of the subject of 
the application (partial priorities) may be claimed only on 
the basis of _sections 16a or 16b or of intergovernmental 
agreements. Such partial priorities shall.also be admitted 
where the day of arrival of the application at the Patent 
Office is decisive for the priority of a feature of the 
application. More than one priority may be requested for one 
claim." 
5.The followings paras 16a and 16b shall be inserted after
section 16:
"16a. The applicant shall have the right of priority of a 
previous patent or utility model application for a period of 
twelve months following the date of filing a previous patent 
or utility model application with the Patent Office, if the 
subsequent utility model application refers to the same 
invention (internal priority). The conditions and effects of 
this right of priority shall correspond to those listed in 
article 4 of the Paris Convention for the Prote ction of 
Industrial Property, Federal Law Gazette No 399/1973. 
Section 16b. The applicant shall have the right of priority of 
a previous patent or utility model applicati on for a period of 
twelve months following the date of filing a previous patent 
or utility model application, filed with an appli cation office 
not covered by the scope of an intergovernmental agreement on 
recognition of priority, if the subsequent patent application 
refers to the same invention and if a respective mutuality 
with this application office is declared by a notice to be 
published by the Federal Minister for Economic Affairs in the 
Federal Law Gazette. The conditions and effects of this right 
of priority shall correspond to those listed in article 4 of 
the Paris Convention for the Protection of Industrial 
Property, Federal Gazette No 399/1973." 
6.Section 17, subsection 1 shall read:
"(l) The rights of priority granted on the basis of sections 
16a or 16b or of intergovernmental agreements must be 
expressly claimed. The date and country of the applic ation, 
the priority of which is claimed shall be indic ated 
(declarat ion of priority), as well as the refer ence to the 
application." IP/N/1/AUT/P/7 
Page 13 
7.Section 28, subsection 1, Z 2 shall be cancelled; the
previous Z 3 and 4 shall be designated "Z 2 and 3."
8.Section 28, subsection 3 shall read:
"(3) By the final declaration of nullity the effects of the 
utility model specified in section 4 are deemed not to have 
taken plac e from the beginning to the extent that the utility 
model is declared null and void. If the object of the utility 
model according to section 3, para 2 was no,t protectable, the 
license rights lawfully granted by the owner of the utility 
model of the later priority and acquired in good faith by 
third parties which have been registered in the utility model 
register for one year and which are not the subject of a 
legally founded entry relating to a dispute (section 32 
subsection 3) shall not be affected by such retroactive 
effect; this without prejudice to any claims for compensation 
which may be made against the owner of the utility model of 
the later priority." 
9.Section 33, subsection 2, Z 5 shall read:
"5. the President's Division shall be responsi ble for matters 
reserved to the President and all matters not falling within 
the competence of another division." 
10. Section 38, subsection 6 shall read:
"(6) Records of deliberation and parts of files relating 
solely to intern al adminis trative transactions shall not be 
accessible to the public. On request also parts of files not 
requiring a laying open to public inspecti on for information 
purposes may also be excluded, if they refer to a trade or 
industrial secret or if there is another good reason 
therefor." 
11. Section 52 shall read:
"Section 52. In as far as this Federal Act refers to 
provisions of other federal laws, the latter shall be 
applicable in the currently valid versions, unless otherwise 
indicated." 
12. The following section 52a be inserted after section 52:
"Section 52a. The form chosen in this Federal Act for all 
designations referring to perso ns shall apply to both sexes.u 
13. Section 53 shall be supp lemented by the following
subsection 3:
"(3) Sections 3, 4, subsection 3, section 15a including the IP/N/1/AUT/P/7 
Page 14 
heading , section 16, subsection 2, section 16a, 16b and 17, 
subsection 1, section 28, subsection 1, Z 2 and 3, section 28, 
subsection. 3, section 33, subsection 1, z 5, section 38, 
subsection 6, and sections 52 and 52a in the version of the 
Federal Act, Federal Law Gazette I, No 175/1998 shall enter 
into force as of the beginning of the second month following 
the promulgation of the Federal Act, Federal Law Gazette I, 
No 175/1998. Simultaneously, section 4, subsection 3 and 5 and 
section 28, subsection 1, Z 2, in the version valid until now 
shall cease to be in force." 