Quote from Martin Schweiger on July 5, 2019, 6:26 am

Singapore:

page 15 of the judgement, paragraph 48: "Thereafter, Bristol-Myers sought clarification from the Duty Registrar by telephone. On 16 June 2016, by letter to the Registrar through its lawyers, Bristol-Myers sets out the advice it received from the Duty Registrar, namely, that “[t]he only way to correct the priority application number listed on the Register of Patents in respect of the three captioned patents is to select ‘Correction of Register of Patents or Designs’ under Part 5 of the CM4 form” pursuant to r 58 of the Patents Rules. I note that whilst the letter referred to Part 5, it is clear that what was meant was Part 6 of Form CM4.19 I pause to note that there is no affidavit from the Registrar on the events that transpired."

https://www.supremecourt.gov.sg/docs/default-source/module-document/judgement/-2017-sghc-322-pdf.pdf

Wikipedia says the following about the German Administrative Procedures Act:

Assurance (administrative law)

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An assurance in German administrative law is a sub-type of the commitment regulated in § 38 VwVfG , which refers to an administrative act .

The assurance is, according to the wording of § 38 VwVfG a subversion of the commitment. A promise is the promise of an agency to do or not to take a particular action . The assurance differs from the promise that the promise is directed to the enactment or non-enactment of a particular administrative act.

Example

Commitment : The authority promises a citizen to cut a tree in the city park, which threatens to fall over.

Assurance : The authority promises a builder the exemption from regulations of the development plan.

Legal nature

There is a lively dispute over the question of the legal nature of the commitment and thus also on the legal nature of the assurance . Pursuant to Section 38 (2) VwVfG, the regulations on the administrative act must be applied to the assurance accordingly. This means that the assurance must be treated like an administrative act. The dispute over the classification of the commitment as an administrative act is therefore defused in the area of ​​assurance. Thus, the prevailing opinion qualifies the assurance as an independent administrative act.

A criticism of the prevailing opinion, however, is that the assurance does not meet the administrative feature "regulation". This can be countered by the fact that the assurance is aimed at giving the citizen a claim in the form of a subjective public right . Another criticism is that according to § 38 an assurance para. 2 and 3 VwVfG any case as an administrative act in existing power can grow, albeit subject to unchanged factual and legal situation. The criticism goes that the regulations of the administrative act only accordinglyApplicable: If the legislator wished that the assurance were an administrative act, he would have declared the rules applicable and not only correspondingly applicable.

Effectiveness and legitimacy of

The assurance must clearly distinguish between effectiveness and legality . Important in this context is the written form requirement . An assurance must be given in writing in order to be effective. Verbally granted assurances are therefore not binding. In addition, the competent authority must give the assurance. An assurance is automatically void if it has not been given in writing or by the non-competent authority. The existence of the nullity requirements according to § 44VwVfG does not matter here. Thus, the requirement of written form and of the competent authority expressly concern the requirements of effectiveness and not of legality.

Apart from that, the usual legality requirements for administrative acts apply. For example, Paragraph 38 (1) (2) of the VwVfG expressly mentions the hearing of third parties and the involvement of other authorities to ensure legality. Errors in the hearing of third parties and the participation of authorities can be cured according to § 45 VwVfG and do not affect the effectiveness.

https://de.wikipedia.org/wiki/Zusicherung_(Verwaltungsrecht)