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0 September 1996. Law Approving The Act Revising Article 63 Of The Convention On The Grant Of European Patents (European Patent Convention) Of 5 October 1973, Done At Munich On 17 December 1991 (1)

Original Language Title: 0 SEPTEMBRE 1996. Loi portant assentiment à l'Acte portant révision de l'article 63 de la Convention sur la délivrance de brevets européens (Convention sur le brevet européen) du 5 octobre 1973, fait à Munich le 17 décembre 1991 (1)

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10 SEPTEMBER 1996. An Act to amend Article 63 of the Convention on the Grant of European Patents (European Patent Convention) of 5 October 1973, made in Munich on 17 December 1991 (1)



Albert, King of the Belgians,
To all, presents and coming, Hi.
The Chambers adopted and We sanction the following:
Article 1. This Act regulates a matter referred to in Article 77, paragraph 1, 6, of the Constitution.
Art. 2. The Act revising Article 63 of the Convention on the Grant of European Patents (European Patent Convention) of 5 October 1973, made in Munich on 17 December 1991, will come out its full and full effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 10 September 1996.
ALBERT
By the King:
Minister of Foreign Affairs,
E. DERYCKE
Minister of Economy,
E. DI RUPO
Minister of Foreign Trade,
Ph. MAYSTADT
State seal:
Minister of Justice,
S. DE CLERCK.
Revision of Article 63 of the Convention
on the issue of European patents
(European Patent Convention) of 5 October 1973
(Munich, 17 December 1991)
Preamble
The Contracting States of the European Patent Convention,
Desirous of continuing to work towards technical progress and economic development in Europe,
Wishing to take into account current developments in the legislation of certain Contracting States,
Considering that the deadlines for obtaining administrative authorizations required for the marketing of certain products may result in a considerable reduction in the period of exploitation of European patents relating to these products,
Considering that such products are obtained after research, often long and costly, that Contracting States wish to encourage,
Considering that it is therefore appropriate to put the Contracting States in a position to provide for compensation for the reduction of the aforementioned period of operation,
{ali}Agreed as follows:
Article 1
The text of Article 63 of the European Patent Convention is amended to read:
Rule 63
Duration of European patent
1. The duration of the European patent is twenty years from the date of filing of the application.
2. Paragraph 1 shall not limit the right of a Contracting State to extend the duration of a European patent or to grant a corresponding protection from the expiry of that term to the same conditions as those applicable to national patents,
(a) to take into account a state of war or a comparable state of crisis affecting the said State;
(b) if the subject-matter of the European patent is a product or process of manufacture or use of a product that, before it is marketed in that State, is subject to an administrative procedure of authorization established by law.
3. The provisions of paragraph 2 apply to European patents granted jointly for any group of contracting States referred to in Article 142.
4. Any Contracting State that provides for an extension of the duration of the patent or a corresponding protection in accordance with paragraph 2, letter b may, on the basis of an agreement with the Organization, transfer to the European Patent Office tasks related to the application of these provisions.
Article 2
Signature Ratification
1. This notice of review shall be open until 17 June 1992 for signature by the Contracting States.
2. This review is subject to ratification; instruments of ratification are deposited with the Government of the Federal Republic of Germany.
Article 3
Access
1. This review act is open until it comes into force at the accession:
(a) Contracting States,
(b) States ratifying or acceding to the European Patent Convention.
2. The instruments of accession are deposited with the Government of the Federal Republic of Germany.
Article 4
Entry into force
The revised text of Article 63 of the European Patent Convention comes into force, two years after the deposit of the last of the instruments of ratification or accession of nine Contracting States, the first day of the third month following the deposit of the instrument of ratification or accession of that of the Contracting States which proceeds the last of all to that formality, if that date is earlier.
Article 5
Communications and notifications
1. The Government of the Federal Republic of Germany shall prepare certified copies of this review act and shall transmit them to the governments of the signatory or adherent States, to the vatifications of other Contracting States and to the governments of the States that may accede to the European Patent Convention under Article 166, paragraph 1st, letter a.
2. The Government of the Federal Republic of Germany shall notify the governments of the States referred to in paragraph 1 of:
(a) the deposit of any instrument of ratification or accession;
(b) the effective date of this review act.
In faith, the plenipotentiaries designated for this purpose, after having submitted their full powers, recognized in due form, have signed this review act.
Done in Munich, on the 17th of December, nine hundred and ninety-one in a copy written in German, English and French languages, the three texts being equally authentic. This copy is filed in the archives of the Government of the Federal Republic of Germany.